Terms & Conditions

The "Seller" means Nimbus Designs Ltd Trading As TVCables.

"Conditions" means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by the Seller.

"Good" or "Goods" means the goods (including any instalment of goods or any parts for them) which the Seller is to supply in accordance with these Conditions.

"Writing" includes facsimile transmission, email and other comparable means of communication.

"Working Days" means Monday to Friday inclusive, excluding Saturday, Sunday and Bank Holidays on whichever day they fall.

"including" and "in particular" shall be construed as not limiting any general words or expressions in conjunction with which either of those expressions is used.
 

Conditions

Where the Seller has agreed to provide the Buyer with system design, installation or other consultancy services, then the provision of such services shall be governed by the Seller’s separate Conditions for the Provision of Services, a copy of which shall be supplied to the Buyer.

No variation or addition to these Conditions shall be effective unless agreed in Writing by the Seller.

The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing and in entering into the contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller and without any prior notification. The views and opinions expressed in any sales literature or on the Seller’s web-site are the views of the contributors and should not be taken necessarily as fact.

No contract for the sale of Goods shall arise until the Seller despatches the Goods, the Sellar shall inform the Buyer by email when the goods have been despatched.

Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

Nothing in these Conditions shall effect the statutory rights of any consumer.
 

Prices

The Seller reserves the right to revise prices prior to dispatch of Goods to reflect any indirect or direct increase in costs to the Seller but if the price has been paid in full prior to dispatch no price revision may take place without the prior written agreement of the Buyer.

The prices of goods are shown inclusive of VAT and charges for packing, postage and carriage shall be paid in addition. Shipping and Handling charges are displayed excluding VAT.

A small order handling fee of 60 pence is added to all orders under £10.

A confirmation of order at a price is subject to change, but we will always notify the buyer of any deviation from the confirmation of order prior to taking monies. Where money transfer is by automatic electronic means we reserve the right to cancel the order and refund all monies paid.

From time to time we shall modify the prices charged on our website and current catalogue.

A handling fee of 64 pence is added to all orders exceeding £28 to cover the cost of recorded delivery and / or additional postal / courier insurance.

Web-site pricing may differ to sales literature pricing.
 

Payment

Payment, may be made by most popular credit and debit cards, provision is also made to accept cash, cheque, BACS transfer, Nochex, Fastpay or Paypal. Full details of payment methods accepted can be found by clicking the payment link found on the bottom of every web page.

Payments made by cheque shall be subject to a 5 day clearance period starting from the day the cheque is paid into the Sellers bank account.

Time for payment shall be of the essence and any failure to pay shall entitle the Seller at his option to treat the contract as repudiated by the Buyer, to delay delivery until paid or appropriate any payment made by the Buyer to such of the Goods as the Seller may think fit notwithstanding any purported appropriation by the Buyer (without prejudice to any other remedy that the Seller may have).

Receipts for payment shall be issued only on request.
 

Delivery

All delivery times quoted are estimated times, whilst every reasonable effort shall be made to keep to any estimated delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

Notification of delivery may be made by telephone call/message, email, fax or by post on the due date.

A carrier’s first attempt to deliver shall be considered as the delivery date and unless otherwise agreed in writing by the Seller all deliveries can take place up until 6 pm.

Unless otherwise agreed the Seller may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Seller shall not entitle the Buyer to cancel the remainder of the contract.

Failure by the Buyer to pay for any instalments or delivery when due shall entitle the Seller to withhold any further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods.

Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control) then, without prejudice to any other right or remedy available to the Seller, the Seller may:

        i) Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or

        ii) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any shortfall below the price of the contract.

The method of dispatch for all orders shall be at the Seller’s discretion. Where a particular delivery service has been paid for  the Seller shall make every effort to use that service, however in order to ensure that all orders are correctly insured the Seller reserves the right to change the delivery service to an equivalent or better service with greater insurance cover.

First Class, Second Class, Special Delivery, Airmail Small Packets and Standard Parcels services are Royal Mail services. For estimated delivery times please refer to the Royal Mail website at www.royalmail.com. Please note these are estimates from the Royal Mail and not guaranteed delivery times. Once dispatched an item cannot be re-directed to a different address.

Special Delivery is a UK timed service that should be delivered before 1PM on the next working day after an order is dispatched, to most UK mainland destinations*.  Special Delivery orders dispatched on a Friday are not timed to be delivered until the next working day which would normally be Monday (except Bank Holidays), however it is possible the item might be delivered on a Saturday.
*Check www.royalmail.com for the delivery time to a particular destination.

In the Buyer does not make them self available to receive a Royal Mail delivery the item shall be held at the Buyers local sorting office. It is the responsibility of the Buyer to ascertain if the package is at the depot and to collect the package from the Depot. The Royal Mail may leave a card indicating they have tried to deliver but they do not always. Packages not collected shall be returned to the Seller, in this case the Buyer will be liable to pay the delivery charge again if they still require the goods, else the cost of the items will be refunded minus any delivery, handling and re-stocking charges.

Occasionally an Item may be lost or delayed in the Royal Mail system, all goods dispatched are insured against loss. The Royal Mail will not consider an item as lost until 15 working days have passed, before reporting an item lost the Buyer shall check it is not waiting at their local sorting office for collection. After 15 working days have passed the Seller shall make a claim for lost items and re-dispatch the order to the Buyer. Before the order is re-dispatched the Buyer shall be required to sign a Royal Mail disclaimer stating they did not receive the goods.

Courier deliveries are only available to UK mainland destinations, we use various courier companies. On the day of dispatch the Buyer shall be automatically notified by email which courier is being used together with a tracking number for the consignment. Next day courier services are only delivered on working days, the delivery estimate shall be the next working day after the day of dispatch. Next day courier orders dispatched on a Friday shall be delivered on a Monday (except Bank Holidays).

Saturday Courier delivery is available for orders dispatched on a Friday, if Saturday Courier delivery is selected the delivery estimate is before noon Saturday.

If the Buyer does not make them self available to receive a courier delivery, the courier shall take the package back to the local depot and re-try the delivery on the next working day. The courier should leave a card indicating they have tried to deliver a package, the couriers electronic log indicating a failed delivery attempt with a door colour shall be treated as proof of attempted delivery. After two failed delivery attempts the package shall be held at the local depot for five days for the Buyer to collect. If the Buyer fails to collect the package it shall be automatically returned to the Seller, in this case the Buyer shall be liable for the return fee of £7.95 + the original carriage fee + VAT. If the Buyer still wishes to receive the items returned by the courier they shall also be liable for the second outgoing delivery charge. If the items are no longer required by the Buyer the cost of the items shall be refunded minus the delivery fee, the courier return fee, handling and restocking fees.

Once dispatched Courier deliveries cannot be re-directed to another address without incurring a fee. The buyer shall be liable for all fees incurred due to the Buyer requesting a delivery re-direction to a different address from that originally specified as the shipping address, the fee for a courier re-direction is £11.95 + VAT.

Claims for damaged items must be made within 5 working days of receipt of the goods, any claim should be made in writing with a full description.

The Seller’s delivery charges and the timing of all deliveries shall be as published from time to time. Any promotional offers in respect of delivery charges shall only apply to UK mainland and Northern Ireland.

A delivery insurance charge, as published from time to time, shall be added to orders at the Seller’s discretion and is non-refundable. For detailed information on delivery and dispatch times please click the About Us link at the top of each web page.

The method of dispatch for items specified with Free Delivery shall be at the Sellers discretion and shall be in accordance with the delivery terms listed above. 

Ownership & Risk

The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is due.

Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.

If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer’s premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller’s costs of so doing.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) immediately become due and payable.
 

Warranties & Liabilities

i) loss of profit; and/or

ii) loss of anticipated savings.

iii) loss of business and/or goods; and/or

iv) loss of revenue; and/or

v) loss of contract; and/or

vi) loss of goodwill; and/or

vii) loss of use; and/or

viii) loss and/or corruption of data and/or other information; and/or

ix) downtime; and/or

x) any damage relating to the procurement by you of any substitute equipment.

The entire liability of the Seller under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

 

Goods returned under the terms of the Distance Selling Regulations must be sealed in their original packaging without damage to the packing, unused, in re-saleable condition as brand new.

Goods returned as stated above in brand new re-saleable condition shall be subject to a refund of the original purchase price minus delivery and processing fees, to be paid by the Seller within 30 days of the notice of cancellation. The cost of the delivery charge shall not be refunded as it is provided under a separate contract. Where an item is advertised with free delivery it still has a non-refundable delivery cost, examples are, but not limited to, scart leads, £1.99 + VAT, Courier Packs £6.80 + VAT, Courier Boxes £10 + VAT. The cost of card processing fees (as stated below) shall not be refunded. Items made or cut to customer specification may not be returned in accordance with the Distance Selling Regulations 2000.

Goods returned under the Distance Selling Regulations cooling off period shall be returned at the expense of the Buyer, the Buyer shall be responsible for the Goods until they have been received by the Seller. The Buyer shall be responsible for ensuring the Goods are adequately packaged to avoid damage and shall pay any insurance costs deemed necessary.

If a contract is cancelled under the terms of the Distance Selling Regulations and the Goods are not returned within 7 working days from the issue of a Return Material Authorisation (RMA), the Seller shall recover the Goods from the Buyer and the cost of recovery shall be deducted from any refund given.

Failure to return the goods under the terms of the Distance Selling Regulation cooling off period in unused condition shall incur a re-stocking fee that shall be determined on a case by case basis but shall not exceed 50% of the goods original price. Goods returned in damaged or un-saleable condition shall not be refunded and shall be returned to the Buyer.

Items returned with no fault or defect and orders cancelled before dispatch  shall be subject to the following fees, to be paid by the Buyer, to cover the administrative costs of processing card payments:-

i) If the item was paid for by debit card the, processing fee deducted from any refund shall be 46p + VAT at the current rate.

ii) If the item was paid for by a credit card, the processing fee deducted from any refund shall be 3.5% + 6p + VAT at the current rate. 

iii) All card refunds are subject to a fee of 16p +VAT which shall be deducted from the refund.

Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then:

 i) A Goods return number must be obtained from the Seller and be clearly shown on the returned parcels and must be returned in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation.

ii) The Buyer shall be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.

iii) Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the terms of the contract.

iv) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or their failure to meet specification is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or any part thereof) free of charge or at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

The Seller shall not give any credit for returned Goods where the Seller deems the Goods not to be faulty unless otherwise agreed in writing by the Seller.

Any Goods in respect of which any claim of defect or damage is made by the Buyer shall be preserved by the Buyer intact together with the original packaging at the Buyer’s risk and shall at the request of the Seller be:
 

i) Retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect the Goods; or

ii) Collected from the Buyer by the Seller if the Goods are defective.

Goods not featured in the Seller’s catalogue are not be subject to the normal returns policy and instructions for return should be confirmed with the Seller before returning the Goods.

 

i)act of God, explosion, flood, tempest, fire or accident;

ii)war, threat of war, sabotage, insurrection, civil disturbance or requisition;

iii) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

iv) import or export regulations or embargoes;

v) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

vi) difficulty in obtaining materials, labour or machinery; and

vii) power failure or breakdown in machinery.