Last Updated: 4/22/2022
Except as provided below, these Terms & Conditions (hereinafter "Terms") apply to orders for products from shop.etcconnect.co.uk (the “Products”) operated by Electronic Theatre Controls Limited, a company registered in England with company number 03057796 with an address of 26-28 Victoria Industrial Estate, Victoria Road, London, W3 6UU, UK, Tel: +44 (0)20 8896 1000, email: uk@etcconnect.com ("we", "us") and "you".
Unless expressly stated otherwise in the Terms below, these Terms do not apply to orders for Products listed in the “Factory Clearance” section of the online shop (“Factory Clearance Products”). Those orders are governed by the Electronic Theatre Controls Limited Standard Conditions of Sale, located at https://www.etcconnect.com/uploadedFiles/Main_Site/Documents/Public/Ltd-terms-and-conditions.pdf.
For the avoidance of doubt, these Terms shall not apply for the sale of goods by Electronic Theatre Controls, Inc, 3031 Pleasant View Rd, Middleton, WI 53562-0979, U.S.A., through https://shop.etcconnect.com.
You can find the terms applicable to those orders on https://shop.etcconnect.com/terms-and-conditions/.
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
1. Formation of Contract
1.1 The display of our Products in our online shop, including Factory Clearance Products, is an invitation to submit and order only and does not constitute a legally binding offer.
1.2 A contract for the sale of our Products, including Factory Clearance Products, will be concluded when (i) you follow the ordering process on the website for our online shop and confirm your order by activating the button on the website at the conclusion of that process, and (ii):
1.2.1 we explicitly accept your order by sending you an email in which we state our acceptance; or
1.2.2 we ship the ordered Products (or the first Product from your order); or
1.2.3 your credit card is charged with the agreed amount.
1.3 In addition, when you place your order, including an order for Factory Clearance Products, we will confirm receipt of your order by email. For the avoidance of doubt, this initial conformation does not constitute acceptance of your order unless explicitly stated in the email.
1.4 We will also provide you with a copy of all contractual documents, including a copy of your order as well as a link to these Terms via email, which can be permanently saved by you. We will not additionally save the contractual documents for you.
1.5 Products, including Factory Clearance Products, may vary slightly from their pictures. The images of the Products on the online shop are for illustrative purposes only.
2 Prices, Taxes
2.1 For all Products, including Factory Clearance Products, the prices shown in our online shop include the applicable value-added tax (VAT) as well as other applicable taxes. You will always be shown the final price including all applicable taxes on the last page before you place your order by activating the button on the website at the conclusion of the ordering process.
3 Delivery Terms
3.1 We will only ship Products to a location within the United Kingdom. Unfortunately, we cannot offer you the opportunity to pick up Products from us. Please note that any stated delivery times are an estimate only.
3.2 If you order multiple Products, we may split your order into multiple deliveries at our convenience. We will not charge you additional delivery costs if we do so.
3.3 We will deliver the Products to you as soon as reasonably possible, and in any event within 30 days after the date on which we accept your order.
3.4 If a shipment is returned to us because you fail to pick up the Products from your local post office or carrier’s depot despite having been properly notified, you will be required to pay any additional delivery costs which we incur by having the Products sent back to us or by redelivering the Products to you.
3.5 Delivery costs will be included in the final price on the last page before you place your order.
4 Payment
4.1 You must pay in pounds sterling. You can pay with a VISA or Mastercard credit card. Your credit card will be charged at the end of the ordering process.
4.2 We reserve the right to refuse to accept certain payment cards from time to time without notice to you.
4.3 In addition to the payment terms stated in the Standard Conditions of Sale, for Factory Clearance Products, you have the option to pay with a credit card under this Section 4.
5 Retention of Title
5.1 We shall retain title to the Products until we have received full payment from you.
6 Cancellation and Termination
6.1 Once you place your order, you can change your mind and cancel the contract within 30 days from the date on which you receive the Products. If you order multiple Products and they are delivered to you separately, this cancellation period will expire after 30 days from the date on which you receive the last Product. If you choose to cancel the contract under this clause, you will receive a refund. (Please note that you have the legal right to change your mind and cancel the contract within 14 days and receive a refund; however, we are extending a more generous guarantee of 30 days under this clause)
6.2 If our supply of the Products under clause 3 above is delayed by an event outside of our control, then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, then you may cancel the contract and you will receive a refund for any Product you have paid for but not received.
6.3 You have a legal right to terminate the contract at any time if we fail to comply with these Terms.
6.4 If the Product you receive from us is faulty, damaged or mis-described, you have the legal right to cancel the contract under clause 6.12 below.
6.5 To exercise your right to cancel or terminate under clauses 6.1-6.3 above, you must notify us by doing one of the following:
6.5.1 Emailing us at shop.uk@etcconnect.com. The date on which you send the email is considered to be the date of the notice.
6.5.2 Sending a written notice to our address in the introductory paragraph above. You may use the cancellation form attached for this purpose, but you are not obligated to do so. The date on which you send the notice is considered to be the date of the notice.
6.5.3 Calling us at +44 (0)20 8896 1000.
6.6 If you cancel or terminate the contract under clauses 6.1-6.3 above after the Product has been shipped by us or you have received it, you must return the Product to us by sending it to our address in the introductory paragraph above. If you are exercising your right to cancel under clause 6.1, you must send the Product to us within 14 days of the date on which you notify us of your cancellation.
6.7 If you cancel or terminate the contract under clauses 6.2 or 6.3 above, we will refund you for the delivery costs of sending us the Product. If you are cancelling the contract under clause 6.1, you will be responsible for the costs of sending us the Product.
6.8 We will refund you the price which you paid for the Product, including delivery costs (if applicable), by the method which you used for payment.
6.9 If you cancel the contract under clause 6.1 above, we may reduce your refund of the Product price (excluding delivery costs) to reflect any reduction in the value of the Product, if this has been caused by your handling the Product in a way which not be permitted in a shop.
6.10 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
6.11 We will make any refund due to you within 14 days from the date on which we receive the Product back from you or, if earlier, the date on which you provide us with evidence that you have sent the Product back to us.
6.12 The Consumer Rights Act 2015 says our Products must be as-described, fit for purpose, and of satisfactory quality. If the Product you receive from us is faulty, damaged or mis-described, you may return it for a full refund, repair or replacement within 30 days from the date on which you receive the Product. If you do not return the Product to us within that time, you must first return the Product to us and request a repair or replacement. If the repair or replacement is not satisfactory, you may then request either a refund or a price reduction. In any case, we will also refund you for delivery costs of the faulty, damaged or mis-described Product, and the cost of returning it to us, under the terms in clauses 6.6, 6.7, 6.8, 6.9, 6.10, and 6.11 above.
7 Warranty
7.1 If a Product is defective (or if we deliver the wrong Product), you may be entitled to statutory rights by local laws.
7.2 In addition to the statutory rights you have, we also provide the warranty located at https://www.etcconnect.com/uploadedFiles/Main_Site/Documents/Public/Ltd-terms-and-conditions.pdf. If there is any conflict between these Terms and that warranty, then these Terms shall prevail, except with respect to any Factory Clearance Products, in which case that warranty shall prevail.
7.3 The warranty period for all Factory Clearance Products shall be 90 days from the date of delivery.
8 Liability
8.1 Nothing in these Terms shall limit or exclude our liability to you for matters where it would be unlawful to do so. This includes death or personal injury caused by our negligence or fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
8.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms and shall not exceed the total price charged for the Products.
8.3 If any of the Products you ordered are out of stock or we are unable to supply for any other reason, we will not be liable to you except that we will not charge you for that Product.
8.4 We are not liable for business losses, loss of profits or business interruption under these Terms.
9 How We May Use Your Personal Information
9.1 We will only use your personal information as set out in our Privacy Policy, located at shop.etcconnect.co.uk/privacy-policy and will at all times comply with applicable data protection laws within the United Kingdom.
10 Transfer of This Agreement
10.1 We may at any time transfer our rights and obligations under these Terms to another organization.
10.2 You may not transfer your rights and obligations under these Terms, in whole or in part, without our prior written consent.
11 Choice of Law
11.1 These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English Courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
12 No Waiver
12.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we continue to provide the Products, we can still require you to make the payment at a later date.
13 General
13.1 Except as expressly stated otherwise above, these Terms govern the supply of Products by us to you. Any other terms, conditions or representations (other than those implied by statute) are excluded.
13.2 We reserve the right to amend these Terms at any time.