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PHD must receive payment of the whole of the price for the goods
that you order before your order can be accepted. Once payment has
been received PHD will confirm that your order has been accepted
by sending an email to you at the email address you provide in your
order form. PHD's acceptance of your order brings into existence
a legally binding contract between us.
Price.
1. The prices payable for goods that you order is as set out in
our Web site.
2. You will be required to pay extra for delivery and it might not
be possible for us to deliver to some locations.
Withdrawal
By You From The Contract.
1. You may withdraw your order for goods at any time up to the end
of the seventh working day after you make your order even if you
have then already received the goods. You do not need to give PHD
any reason for withdrawing your order nor will you have to pay any
penalty.
2. The only circumstances
in which you cannot withdraw your order are where you have taken
the goods you have ordered (or the ones in relation to which you
want to withdraw) out of the sealed package in which they were delivered
3. To withdraw
your order you must notify PHD in writing at the address in the
contact us section of this Web site.
4. If you have
received the goods before you withdraw your order then, unless you
have lost your right to withdraw because you have taken the goods
out of their sealed package, you must send them back to the PHD
contact address at your own cost and risk. If you withdraw your
order but PHD has already processed the goods for delivery you must
not unpack the goods when they are received by you and you must
send the goods back to PHD at the PHD contact address at your own
cost and risk as soon as possible.
5. Once you have
notified PHD that you are withdrawing your order, any sum debited
to PHD from your credit card will be re-credited to your account
as soon as possible and in any event within 30 days of your order
PROVIDED THAT the goods in question are returned by you and received
by PHD in the condition they were in when delivered
Availability
Of Goods You Order.
If PHD has insufficient stock to deliver the goods ordered by you,
any sum debited by PHD from your credit card will be re-credited
to your account and PHD will notify you by email at the address
given by you in your order form. The refund will be made as soon
as possible and in any event within 30 days of your order. PHD will
not be obliged to offer additional compensation for disappointment
suffered.
Delivery Of
Goods To You.
PHD will deliver the goods ordered by you to the address you give
PHD for delivery at the time you make your order.
Delivery will be made as soon as possible after your order is accepted
and in any event within 30 days of your order.
You will become the owner of the goods you have ordered when they
have been delivered to you. Once goods have been delivered to you
they will be held at your own risk and PHD will not be liable for
their loss or destruction.
Liability
. This is as follows:
1. If the goods PHD delivers are not
what you ordered or are damaged or defective or the delivery is
of an incorrect quantity, PHD shall have no liability to you unless
you notify PHD in writing at the PHD contact address of the problem
within 10 working days of the delivery of goods in question.
2. If you do not
receive goods ordered by you within 30 days of the date on which
you ordered them, PHD shall have no liability to you unless you
notify PHD in writing at the PHD contact address of the problem
within 40 days of the date on which you ordered the goods.
3. If you notify
a problem to PHD under this condition, PHD's only obligation will
be, at its option:- to make good any shortage or non-delivery; to
replace or repair any goods that are damaged or defective; or to
refund to you the amount paid by you for the goods in question in
whatever way PHD chooses.
4. PHD will not
be liable to you for any indirect or consequential loss or damage
arising out of any problem you notify to PHD under this condition
and PHD shall have no liability to pay any money to you by way of
compensation other than to refund to you the amount paid by you
for the goods in question under the paragraph above.
5. Nothing in
this condition is, however, intended to limit any rights you might
have as a consumer under applicable local law that may not be excluded
nor in any way to exclude or limit PHD's liability to you for any
death or personal injury resulting from its negligence.
Force Majeure
PHD shall have no liability to you for any failure to deliver goods
you have ordered or any delay in doing so or for any damage or defect
to goods delivered that is caused by any event or circumstance beyond
its reasonable control.
Invalidity
If any part of these conditions is unenforceable (including any
provision in which PHD excludes its liability to you) the enforceability
of any other part of these conditions will not be affected.
Governing Law
The contract between us shall be governed by and interpreted in
accordance with English law, and the English courts shall have jurisdiction
to resolve any disputes between us.
Entire Agreement
These terms and conditions, together with the current PHD Web site
prices, delivery details and PHD contact details, set out the whole
of our agreement relating to the supply of the goods to you by PHD.
These terms and conditions cannot be varied except in writing signed
by a director of PHD. In particular nothing said by any sales person
on behalf of PHDshould be understood as a variation of these terms
and conditions or as an authorised representation about the nature
or quality of any goods offered for sale by PHD. PHD shall have
no liability for any such representation being untrue or misleading
Interpretation
In these terms and conditions:
'PHD' means Plastic Head Music Distribution Limited, any connected
organisation that actually supplies goods ordered by you and any
successor to its business;
'working day'
means every day of a calendar year apart from weekends and statutory
and public holidays;
'us' means PHD
and you together; and
'you' and 'your'
means the person ordering goods under these terms and conditions
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