Panasonic Direct Terms and Conditions
TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY - BY PLACING AN ORDER USING THIS SYSTEM, YOU ACCEPT THESE TERMS AND CONDITIONS (“TERMS”).
These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing and set out the terms which apply to all orders placed for the products identified on the Panasonic Direct Shop as supplied by Panasonic UK, a branch of Panasonic Marketing Europe GmbH of Maxim 2, Western Road, Bracknell, Berks RG12 1RT. ("us", "we" or "our").
1. ABOUT US
1.1 The Site is provided by us. We are a company registered in England (company number 03329345). Our registered office is Maxis 2, Western Road, Bracknell, Berks, RG12 1RT.
2. OUR PRODUCT
2.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Product and the Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown in images on the Site.
2.3 We reserve the right to change the way the Site works from time to time and to withdraw any Products or features of the Site without giving notice to you.
2.4 To use the Site and register for or buy any of the Products available through it you must be at least 18 years old, and legally able to enter into a contract.
3. PRODUCT AVAILABILITY
3.1 Notwithstanding any indication given by the system, all orders are accepted subject to availability.
3.2 In the event that an order cannot be accepted by reason of non-availability of stock, your order may be cancelled. As stock becomes available any order re-submitted shall be accepted at the price pertaining at the time of re-submission.
4. YOUR ORDER
4.1 These Terms will apply to any contract between us and you for the sale of any Products and/or installation services to you ("Contract”).
4.2 Please note that when you place your order, we will send you an order acknowledgement by email. Such order acknowledgement may be automatically generated and shall not constitute an acceptance of the order.
4.3 By placing an order, you make an offer to us to purchase the Products and/or installation services on these Terms. We may or may not accept your offer at our discretion. Any Contract is dependent and conditional upon verification of availability and confirmation of both your order and your credit card or other payment details. If we accept your order, we will notify you of our acceptance by issuing an order confirmation within 14 days of receipt of your order. If we cannot accept your order we will contact you by email or telephone.
4.4 We maintain records of orders, order acknowledgements and order confirmations and retain these for a reasonable period following delivery. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgment, order confirmation, payment method acceptance and invoice as evidence of purchase.
4.5 Whilst we will try to fulfil any orders placed with us within any stated time, we shall not (save as otherwise required by law) be liable for the consequences of any delay or failure to deliver. Time for delivery is not of the essence of the Contract.
4.6 Orders accepted shall only be delivered to addresses within the United Kingdom and the Channel Islands.
5.1 The prices for Products will be as quoted on the Site and you will be charged the price quoted on the Site at the time you place your order. The prices may change from time to time.
5.2 Despite taking care to ensure that all Product prices are accurate, a small number of Products may be mispriced. If we have made a mistake and the correct price for a Product is higher than the price shown on the Site, we may contact you to request whether you want to buy the Product at the correct price or cancel your order. If we are unable to contact you, we will cancel your order. In the event we or you cancel your order we will refund you any price already paid for the Product. If a Product's correct price is lower than the price shown on the Site, we will charge the lower amount.
5.3 All Product prices displayed include VAT (or other revenue tax). Additional charges such as shipping or handling costs, transport insurance, levies or charges of any authorities, or otherwise required by applicable law may be charged in addition to the applicable Product price and will be indicated to you prior to placing the order.
5.4 We may take payment for your order before sending your Product. However, the taking of payment shall in no case constitute acceptance of your offer nor the conclusion of the Contract. If we are unable to deliver your order after having taken payment, you will be reimbursed in full.
5.5 We reserve the right to withdraw offers displayed on the Site without prior notice.
5.6 Orders must be paid for at the time of ordering using one of the following payment methods:- Visa Credit, Visa Debit, Visa Electron, MasterCard and are conditional upon subsequent validation of the transaction with the issuer.
5.7 To ensure that your credit/debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can be assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
5.8 In the event we are unable to take payment following delivery of any Goods due to unforeseen circumstances or due to any technical error, we reserve the right to request payment from you and be paid accordingly for up to the legal limitation period which is currently 6 years under English law
6.1 Delivery information can be found in the Delivery Information section of this website.
6.2 Once the Product(s) has been dispatched, you will receive an email confirmation containing an estimated delivery period. All dispatch periods provided are estimates only, and occasionally Products may be delivered outside of these estimates.
6.3 We will deliver the Product to the delivery address you specify in your order. We will not deliver the Products to your delivery address unless there is someone present to accept and sign for them. For security reasons we will only deliver TVs and high value items to your billing address.
6.4 In the event that goods have not been received within 5 working days following acknowledgement of order, or for TVs and larger items within 10 working days, please contact us with your order details.
6.5 Delivery of the Products does not include installation unless expressly specified otherwise. Any installation service provided is supplied by a third party. We do not accept any liability for any losses or damages in connection with any installation service supplied by a third party. If you wish to return a Product that has been installed, you will have to arrange for the Product to be uninstalled at your cost.
6.6 Any orders placed for goods that are not in stock at the time of ordering (i.e. pre-order, back-order) may be subject to longer delays. For further information on delivery dates, please visit our Delivery Information page.
6.7 We regret that we cannot deliver to BFPO addresses (British Force Post Office), PO Box Addresses & Mailbox Services for export. For security reasons we will only deliver high value items to your billing address.
7. RISK AND TITLE
7.1 The risk in the Product(s) will pass to you from the time of delivery.
7.2 Ownership of the product will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
7.3 By signing for delivery of the Product(s) it is an acknowledgement of acceptance of the Product(s).
8. RIGHT TO CANCEL AND RETURN PRODUCTS
8.1 If you are a consumer, you have a legal right to cancel an order placed with us within 14 days of the date of delivery. Any orders placed are subject to your rights of cancellation pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Please note that these cancellation rights do not apply in certain situations/contracts including but not limited to goods, such as personal care items, received sealed for health protection or hygiene reasons once unsealed, bespoke and customised goods, and sealed audio, video and software products once unsealed. You may exercise this right in writing to us by using the contact form on our contact us page stating your name, order number and the reason for cancellation. Following receipt of your notice we will contact you with details of how to return the Products.
8.2 Where any refund is due, we will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products in the form of a certificate of posting.
8.3 We will refund any delivery costs you have paid for the delivery of the Products to you, although as permitted by law the maximum refund will be the costs of delivery by the least expensive method we offer, so that if you have paid for next day delivery, we will only refund what you would have paid for Royal Mail second-class delivery.
8.4 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products in the form of a certificate of posting, whichever is the earliest.
8.5 You must send back the Products without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you send back the Product(s) before the period of 14 days has expired as evidenced by a certificate of posting.
8.6 Please note that the cost of returning Products back to us where you wish to cancel for reasons which are not due to Products being faulty or not as described, will be payable by you. We advise you to obtain a certificate of posting when you return the Products.
8.7 It is your responsibility to take reasonable care of the Product. Products must be returned in reasonable condition along with any packaging, manuals, accessories, free items and any other components.
8.8 If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
8.9 In the event that Products ordered by you have not been received within 10 working days following the confirmation of order, please contact us.
8.10 We will refund you on the credit or debit card that you used to pay. If you used vouchers to pay for the Product then we reserve the right to refund you in vouchers.
8.11 This cancellation returns and refund policy does not affect your legal rights. Further information regarding your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards office.
9. DEFECTIVE PRODUCTS
9.1 Where the Product is received in a broken or defective condition, please use the contact form on our contact us page stating your name, order number, Product details, date of purchase and details of the fault. Please note that we will not accept the return of any Product unless such return has been authorised in advance.
9.2 Where a Product is faulty or not as described, you must notify us within 30 days of delivery of the Product, transfer of ownership of the Product to you in accordance with clause 7.2, or the date on which you are notified that installation has been completed (where appropriate), whichever is latest, and communicate that you wish to reject such Product.
9.3 Where the Product is faulty or not as described and you have notified us in accordance with these Terms, we shall refund to you the price of the Product including any delivery charged paid by you, with no further liability to you.
9.4 If you have returned a Product that is defective, damaged in transit or not as described, subject to clause 9.2 we will refund the price of the Product in full, together with any applicable delivery charge.
9.5 Accessories and any spare parts are supplied solely for use with the product to which they relate. Where the goods are used for any other purpose, we shall not accept liability for any damage arising as a result of such use, and in these circumstances our liability, if any, shall be limited to the purchase price of any goods that are defective.
10. DATA SECURITY
10.2 Any personal information provided by you for the purposes of entering into a Contract with us shall only be used for the purpose of administering your order and for the provision of after sales service to you. Such information shall not be released to any third parties save as for the purpose of fulfilling your order. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
10.3 When you place an order, all communications are performed with the use of our secure server software (SSL) which encrypts all the information you send to us before it leaves your computer. Our secure server software encrypts all your personal information including credit or debit card number, name and address. The encryption process takes the information you enter and converts it into code that is then securely transmitted over the internet in a way that cannot be intercepted by anyone other than us. Even if it were possible for anyone to intercept this information, they would not be able to understand it because of the encryption process we use.
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract
11.2 Accessories and any spare parts are supplied solely for use with the Product to which they relate. Where the Product, accessories or any spare parts are used for any other purpose, we shall not accept liability for any damage arising as a result of such use.
11.3 Our liability to you, if any, shall be limited to the purchase price of any Products to which your claim relates.
11.4 Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987;
- any deliberate breaches by us of these Terms that would entitle you to terminate the Contract; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.5 Subject to clause 11.4, we will not be liable for any indirect or consequential losses, loss of profit, loss of income or revenue, loss of anticipated savings or loss of data that result from our failure to comply with these Terms.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, virus or denial of service attack, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
12.3 Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new estimated delivery date with you after the Event Outside Our Control is over.
13.1 Because of the Waste Electrical and Electronic Equipment (“WEEE”) Regulations, we will not accept returns of WEEE itself and cannot accept WEEE returns for recycling, neither do we make arrangements for its collection.
14. Other important terms
14.1 We reserve the right to revise these Terms. You will be subject to the Terms in force at the time that you place your order. Please check these Terms to ensure you understand the terms which apply at the time you place your order.
14.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5 If you have a complaint or any issues you would like to raise about this service, please contact us in the first instance. If you do not feel as though your complaint has been dealt with to your satisfaction you are entitled to refer your complaint to the European ODR via the European Online Dispute Resolution webpage or by clicking here. The ODR is an alternative dispute resolution procedure conducted online and can assist with unresolved disputes.
15. GOVERNING LAW & JURISDICTION
15.1 These Terms are subject to the law of England and Wales. All disputes arising in relation to these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
16.1 If you wish to contact us for any reason (including if you wish to make a complaint), you can do so by visiting our ‘contact us’ page.