TERMS & CONDITIONS 2010
1 The contract between us
1. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. You can pay by bank transfer or credit card. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order. Our acceptance of your order brings into existence a legally binding contract between us.
2. Notwithstanding the provisions of clause 1.1, if we accept an order from you without full payment in advance of delivery, you will pay the price for the goods within 30 days of the date of our invoice. Overdue amounts shall attract interest at the rate of 3% above Barclays Bank Plc from the date of due payment of the invoice until payment.
2 Price
1. The prices payable for goods that you order are as set out in our website and are quoted as inclusive of UK VAT (current rate: 17.5%). The cost of carriage is included (see 2.2 below). Published prices are subject to change without notice. We will clarify the cost of your purchase prior to your placement of an order.
2. You may be required to pay extra for delivery to some locations.
3 Right for you to cancel your contract
1. You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day after the date you receive the ordered goods, subject to clause 3.2 below. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
2. You cannot cancel your contract in the following circumstances:
i. You have ordered are a satellite televison subscription, and the subscription package was activated before it was delivered to you.
ii. If the goods you have ordered were not off-the-shelf standard products (a bespoke order) but were configured or assembled pursuant to your requirements.
3. To cancel your contract you must notify us in writing. To do this, please email or write to us at the address provided under clause 9.
4. If you have received the goods before you cancel your contract then (unless clause 3.2 applies) you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you are requested to refrain from unpacking the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
5. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card or bank account will be re-credited to your account as soon as possible, usually within 2-3 days, and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in a reasonable condition. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4 Cancellation by us
1. We reserve the right to cancel the contract between us if:
i. we have insufficient stock to deliver the goods you have ordered;
ii. we do not deliver to your area; or
iii. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error or change in the pricing information.
2. If we do cancel your contract we will notify you by e-mail or by letter and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
5 Delivery of goods to you
1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order, save that we reserve the right to deliver to your billing address only. Deliveries will not be left unless the goods are signed for.
2. Delivery will be made as soon as possible after your order is accepted. We aim (but are not obliged) to dispatch all goods for delivery on the next working day after your payment is cleared. In any event, deliveries shall be made within 30 days after clearance of your payment. We reserve the right to separately ship orders of more than one item (but in such circumstances you will not charged for additional delivery charges).
3. 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.
4. If you are a business purchaser, then ownership and title in the goods you have ordered will pass to you on delivery or clearance of your payment. Once goods have been delivered to you they will be held at your own risk.
5. Goods in transit from us to you are covered by our carrier’s insurance.
6 Our Liability
1. This clause 6 applies only to purchases by consumers.
2. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, please notify us in writing or by email as soon as possible. To do this, please email or write to us at the address provided under clause 9.
3. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, please notify us immediately in writing or by email at the address provided under clause 9.
4. If you notify a problem to us under this clause 6, our only obligation will be, at your option:
i. (i) to make good any shortage or non-delivery;
ii. (ii) replace or repair any goods that are damaged or defective; or
iii. (iii) to refund to you the amount paid by you for the goods in question in whatever way we choose (subject to you permitting us to collect the goods or otherwise arrange for their return to us, at our expense).
5. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of data) howsoever arising and we 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 clause 6.4(iii) above.
6. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence..
8 Warranties
1. We do not warrant that goods sold by us are suitable for any particular purpose. You must satisfy yourself before ordering that the goods are suitable for any purpose you intend for them.
2. All goods are sold with the benefit of the manufacturer’s warranty, save for refurbished equipment.
3. All warranties are 'Return To Base'. This means you have to bear the cost of returning the goods to the United Kingdom, at the address in clause 9. We will normally bear the cost of returning any repaired or replaced goods to you.
9 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing or by email and sent to our contact address at SkyinMadrid, 29, Western Road, Tunbridge Wells, Kent, TN1 2JQ or
10 Events beyond our control
We 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 our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected
12 Privacy
1. You acknowledge and agree to be bound by the terms of our privacy policy.
2. Telephone calls to us may be monitored or recorded for training and quality purposes
13 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act
14 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
15 Entire agreement
These terms and conditions, together with our current website and/or catalogue prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should 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 us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15 Supply of broadcast services
Satellite television services are delivered by broadcasters and are subject to change. We cannot guarantee that a channel which you can currently receive will not change in the future. ( for example, a channel may move from a strong beam to a weak one). Reception of TV broadcasts to the the British Isles, in fringe areas such as Spain, is marginal at all times and is affected by weather conditions and seasonal changes. Rain and snow will reduce signal or even block it completely. We can arrange a Sky subscription for you but are not liable if Sky make changes to monthly subscription channels. Sky subscription prices are normally adjusted every September. We will do our best to prevent you losing your subscription but are not liable if your contract is cancelled by Sky. Dish installations are covered by a guarantee. Please ask your installer for a copy of the terms and conditions. Receivers are covered by the relevant manufacturer's guarantee, see clause 8.
Updated 23.4.2010
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