Terms & Conditions
The "Buyer" means the customer who accepts a quotation of the
Seller or whose order for the Goods is accepted by the Seller.
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.
These conditions shall apply to all contracts
for sale of Goods by the Seller to the Buyer to the exclusion of all other
terms and conditions including any which the Buyer may purport to apply under
any purchase order, confirmation of order or any such similar document.
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 Sellerâ€™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 Sellerâ€™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
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 Sellerâ€™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 Seller shall inform the
Buyer by email when the goods have been despatched.
Acceptance of delivery of Goods shall be
deemed conclusive evidence of the Buyerâ€™s acceptance of these Conditions.
Nothing in these Conditions shall effect the
statutory rights of any consumer.
The price shall be that on the Sellerâ€™s
current list price or as otherwise agreed in writing by the Seller and the
Buyer should confirm prices (including any promotional prices and special
offers) at the time of ordering. All special offers are strictly subject to
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 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.
Web site pricing may differ to sales
Payment must be made in full before despatch
of any Goods.
Payment, may be made by
most popular credit and debit cards, provision is also made to accept cash,
cheque, Postal Order BACS transfer, Nochex 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 are automatically
Delivery & Shipping
Our UK STANDARD delivery method is Royal Mail Second
Class post, from time to time we offer free delivery promotions, if free delivery is
offered this is our STANDARD delivery.
All other delivery methods are EXPRESS delivery additional services, these are
provided under a separate contract and a non-refundable once started.
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. We aim to despatch express delivery orders placed before 1PM the same
day, orders with free delivery may take longer to dispatch but shall be dispatched to meet
the estimated delivery time. Orders placed after this time shall be despatched the following working
day. Where an item shows a lead time dispatch will take place after that lead time.
Notification of delivery may be made by telephone call/message, email, fax or by post on the due date.
A carrierâ€™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 Buyerâ€™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 Buyerâ€™s reasonable control) then,
without prejudice to any other right or remedy available to the Seller, the
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
The method of dispatch for all orders shall be at the Sellerâ€™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
Tracked, 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.
If 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 express delivery, handling and re-stocking charges if applicable.
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 available to UK mainland and
some European destinations, we use various courier
companies including Citylink, Interlink Express, UPS, , Fedex
and DPD. On the day of dispatch the Buyer shall be automatically notified by
email. Next working day courier services are only delivered on working days,
the delivery estimate shall be the next working day after the day of
dispatch. Next working 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 Â£14.50 + 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 Â£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 Sellerâ€™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
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 risk in Goods shall pass to the Buyer upon
delivery of the Goods or upon the Goods being appropriated to the Buyer but
kept at the Sellerâ€™s premises at the Buyerâ€™s request.
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 Sellerâ€™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 Sellerâ€™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 Buyerâ€™s premises by its servants or agents to recover the Goods
and the Buyer shall be liable for all the Sellerâ€™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
Subject to the conditions set out below the Seller warrants that the Goods
will at the time of delivery correspond to the description given by the
Seller. The pictures shown on the website are representative of the product and may differ slightly,
for example a connector shape or style may be slightly different to that shown in the picture.
The above warranty is given by the Seller subject to the following
The Seller shall be under no liability in respect of any defect in the Goods
arising from any drawing, design or specification supplied by the Buyer;
The Seller shall not be under liability in respect of any defect arising from
fair wear and tear, wilful damage, negligence, abnormal working conditions,
failure to follow the Sellerâ€™s instructions (whether oral or in writing),
misuse or alteration or repair of the Goods without the Sellerâ€™s written
The Seller shall be under no liability under the above warranty (or any other
warranty, conditions or guarantee) if the total price for the Goods has not
been paid by the due date for payment;
Where the Goods are covered by manufacturerâ€™s warranties, details of which
will be supplied to the Buyer on delivery of the Goods the Buyer shall only
be entitled to the benefit of such warranties or guarantees as are given by
the manufacturer to the Seller.
Subject as expressly provided in these conditions and except where the Buyer
is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977,
section 12) all warranties, conditions, or other terms implied by statute,
common law or otherwise are excluded to the fullest extent permitted by the
Where Goods are sold to a consumer (as defined by the Consumer Transactions
(Restrictions on Statements) Order 1976) the statutory rights of the Buyer
are not affected by these Conditions.
The Seller shall not be held responsible for any incompatibility issues or
held liable to the Buyer by reason of any representation (unless fraudulent)
or any implied warranty, condition, or other term or any duty at common law
or under the express terms of the contract, for any indirect, special or
consequential loss or damage, costs, expenses or other claims for
compensation whatsoever (whether caused by negligence of the Seller, its
employees or agents or otherwise) which arise out of or in connection with
the supply of the Goods or their use or resale by the Buyer including,
without limitation, losses or damages of the types listed below:-
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
WEEE & RoHS
All products sold by the seller are sourced from UK based WEEE registered
suppliers and all products conform to RoHS. As a
reseller of EEE we will recycle your old EEE product when purchasing a new
one on a like for like basis. Please visit our WEEE page for more information
by clicking here WEEE Information
Under the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (CCR) the Buyer has the
right to cancel any contract under the cooling off period. The cooling
off period is 14 calendar days from the day after receipt of the goods.
Upon use of the goods the Consumer Cancellation Regulations cooling off period expires.
Cancellation shall be given in writing by the buyer within the cooling off period. Business to
business sales are not covered by the Consumer Contracts Regulations.
If the Buyer fully cancels their contract and had selected a standard delivery service, as defined above, then
the standard delivery charge shall be refunded. Contracts partially cancelled do not qualify for
any delivery charge refund. If free delivery was selected and the Buyer partially cancels a contract
such that the remainder of the contract no longer qualifies for free delivery then a standard delivery charge shall be deducted from any refund.
Goods returned under the terms of the
Consumer Contracts Regulations should be sealed in their original packaging, unused,
without damage to the packing, in re-saleable condition as new. Deductions shall be made for damaged packing to represent the diminished value of the goods, example deductions:-
Blister Pack Cut Open 20% of goods value
Ripped Glossy Box 20% of goods value
Clear heat-shrink wrap removed 10% of goods value
Upon use of the goods the Consumer Cancellation Regulations cooling off period expires.
Goods returned in compliance with the Consumer Contracts Regulations shall be
subject to a refund of the original purchase price plus standard delivery cost. Express delivery charges are not refundable, if an express
delivery service was chosen the cheapest standard delivery that could have been selected shall be refunded.
shall pay the refund due, within 14 days of receipt of the returned goods.
Items made or cut to customer specification
may not be returned in accordance with the Consumer Contracts Regulations,
eg speaker cable cut to length.
Goods returned under the Consumer Contracts
Regulations cooling off period shall be returned at the expense of the Buyer, if the buyer
chooses for our courier to return the goods by request, or by refusal of delivery, then a return charge of Â£14.50 + VAT
shall be deducted from any refund. The Buyer shall be responsible for the Goods and
must take reasonable care of them until they have been received by the
Seller. Please note, Royal Mail no longer allows posting of lithium batteries,
if returning a battey of this type it is the customers responsibility to use a courier
that allows this type of product to be carried. 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 Consumer Contracts Regulations and the Goods are not returned within 14
days of any refund issued then action shall be taken against the Buyer to
recover the cost of the goods. ALL costs incurred in recovery shall be payable by
Goods returned which are not covered by the Consumer Contracts Regulations such as business to business transactions must be returned within 7 days and shall be subject to a re-stocking fee of
at least 20%, minimum Â£25. Items returned after 7 days shall not be accepted for return.
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 manufacturerâ€™s packaging
(which shall not be defaced) complete with accessories, manuals and
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
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 Sellerâ€™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.
If Goods received are believed to be faulty
the Buyer must contact us in writing notifying us of the problem and return the item. Goods
believed to be faulty must NOT be returned without obtaining a Return
Material Authorisation number (RMA) from us.
In the case of faulty goods the buyer has 30 days from receipt of the goods to
withdraw from and cancel the contract and receive a full refund including standard delivery
charge. Outside the 30 day period our standard warranty terms apply.
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 Buyerâ€™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 Sellerâ€™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.
The Seller shall make every reasonable effort to resolve or acknowledge by
post, telephone or email any queries which the Buyer has made within 48 hours
of receipt of any such query.
The Seller shall make every reasonable endeavour to respond to complaints
within 7 working days and keep the Buyer reasonably notified of any progress
Telephone calls made to the Seller may be recorded for training purposes.
Trademarks & Accreditation
The Seller and Buyer acknowledge the intellectual property rights of
suppliers and manufacturers of the products appearing in the Sellerâ€™s sales
literature and on the Sellerâ€™s web-site.
Where Goods have been manufactured and supplied under an IS09000 approval
this is indicated in the product manufacturer literature text.
The Seller shall not be liable to the Buyer or be deemed to be in breach of
the contract by reason of any delay in performing or any failure to perform
any of the Sellerâ€™s obligations in respect of the Goods, if the delay or
failure was due to any cause beyond the Sellerâ€™s reasonable control. Without
prejudice to the generality of the foregoing, the following shall be regarded
as causes beyond the Sellerâ€™s reasonable control:
i) act of God, explosion, flood, tempest, fire or
ii) war, threat of war, sabotage, insurrection, civil disturbance or
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.
viii) inclement weather
The Sellerâ€™s failure to insist upon strict performance of any provision of
these Conditions shall not be deemed a waiver of its rights or remedies in
respect of any present or future default of the Buyer in performance or
compliance with any of these Conditions.
Any notice required or permitted to be given by either party to the other
under these Conditions shall be in Writing addressed to the other party at
its registered office or principal place of business or such other address as
may at the relevant time have been notified pursuant to this provision to the
party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded
delivery of by registered post (airmail if overseas) or by facsimile
transmission and shall be deemed to be given in the case of delivery personally
on delivery and in the case of posting (in the absence of evidence of earlier
receipt) 48 hours after posting (six days if sent by airmail) and in the case
of facsimile transmission on completion of the transmission provided that the
sender shall have received printed confirmation of transmission.
If any provision of these Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other
provision of these Conditions and the remainder of the provision in question
shall not be affected.
In the event of a dispute between the Buyer and the Seller, should the Seller
in writing require, the Buyer agrees to submit to the jurisdiction in
accordance with the Arbitration Act 1996 for the time being in force as a
legally binding alternative to court action.
The contract shall be governed by the laws of England and the Buyer agrees to
submit to the non-exclusive jurisdiction of the English courts.