Terms and Conditions

PART A: INFORMATION ABOUT AV INNOVATION

This website is owned and operated by Cameron & Shaw Consultancy Ltd, trading as AV Innovation (“AV Innovation”, “AVI”, “we” or “us”). The company is registered in England and Wales under company number 8922818. Its registered office is at 10A High Street, Chislehurst, BR7 5AN, United Kingdom. Its VAT registration number is GB190090130. These terms and conditions comprise the Website Terms, General Terms and Conditions of Sale, Legal Terms and Privacy and Cookie Policy (together, the “Terms and Conditions”).

PART B: WEBSITE TERMS

These Terms and Conditions apply to your use of the AV Innovation website at www.avinnovation.co.uk (the “Website”) and to products you purchase from us. They apply regardless of how you access the Website, including the technologies or devices through which it is made available. Please read them carefully and keep a copy for future reference. By using the Website or placing an order, you acknowledge that these Terms and Conditions apply to your use of the Website and any purchase. If you do not agree to the Website Terms, please do not use the Website. Any terms governing a purchase will be subject to applicable law, including any statutory rights that cannot lawfully be excluded or restricted.

All legal notices on the Website, these Terms and Conditions and our Privacy and Cookie Policy govern your use of the Website, to the extent applicable.

PART C: YOUR USE OF THIS WEBSITE

You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.

Except as permitted by law or with our prior written consent, you must not copy, reproduce, crawl, frame, republish, download, print, post, distribute, broadcast, record, transmit, edit, communicate to the public or otherwise exploit the Website, its materials or its underlying code. You may use the Website for your own personal or internal business purposes, but must not use its content for other commercial purposes without our prior written consent.

Ownership of Rights

All rights, including copyright and other intellectual property rights, in the Website are owned by or licensed to AV Innovation.

Your use of the Website does not grant you any rights in our intellectual property or that of third parties. If you submit information (other than personal data), text, photographs, graphics or other content to the Website, you confirm that you are entitled to submit it. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish and display that content for the purposes of operating, promoting and improving our business and Website. We may remove submitted content where appropriate. This licence does not affect your rights under applicable data protection law.

You agree to provide reasonable assistance where necessary to give effect to the licence above. Nothing in this clause transfers ownership of your content to us or requires you to waive moral rights except to the extent permitted by law.

Confidentiality

Unless we expressly agree otherwise, content you upload to the Website will not be treated as confidential or proprietary. We may use it as permitted by the licence set out in the “Ownership of Rights” section. We may disclose information about you where reasonably necessary to investigate a credible claim that content you have posted infringes another person’s intellectual property or privacy rights, or where required by law. We are not responsible for user-generated content posted by users, but nothing in these Terms and Conditions excludes any liability that cannot lawfully be excluded.

Accuracy of Content

We take reasonable care when preparing Website content, but, to the extent permitted by law, we do not warrant that all content is accurate, complete or up to date. This clause does not exclude liability for statements or information where such exclusion would be unlawful.

The views expressed in user-generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of AV Innovation or any of its group companies.

Damage to Your Computer or Other Device

We take reasonable steps to help ensure that the Website is free from viruses and other malicious content, but cannot guarantee this. You are responsible for using appropriate equipment and security software. Nothing in this clause excludes or limits liability where doing so would be unlawful.

Links to Other Websites

The Website may contain links to third-party websites. We do not control those websites and are not responsible for their content. This does not affect any liability that cannot lawfully be excluded.

PART D: GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through www.avinnovation.co.uk.

Website Purchases

In respect of orders placed through the Website, these General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which AV Innovation makes the Website available to you at home, on the move or in-store. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety.

If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.

Acceptance of Your Order

Completing checkout does not, by itself, mean that we have accepted your order. We will email you to acknowledge receipt of your order. Unless we tell you otherwise, we accept an order when we dispatch the goods or begin providing the services. We may reject an order before acceptance where we have a legitimate reason, including a legal or regulatory restriction. If we reject an order after taking payment, we will refund the amount paid. Nothing in this clause affects any rights you have under applicable law.

The contract begins when we accept your order. It continues until both parties have performed their contractual obligations, subject to any continuing terms and statutory rights.

If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.

If fulfilling an order would be unlawful, including because it would breach applicable export controls or sanctions, we may suspend or cancel the affected part of the order to the extent legally necessary. We will notify you where reasonably practicable and refund any payment for goods or services we do not provide. Nothing in this clause excludes liability where exclusion is prohibited by law.

Payment

During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy.

All card payments are subject to authorisation by your card issuer. We take full payment immediately for all products.

Ownership of the goods passes to you on delivery, unless a separate written agreement lawfully provides otherwise. If a payment is reversed or remains unpaid after delivery, we will contact you to resolve the matter. Any request to return goods, recover goods or claim costs will be subject to applicable law and your statutory rights.

Delivery

Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address.

Delivery will be to the UK. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour or returned to the depot.

For consumer purchases, the goods remain at our risk until they come into your physical possession or the possession of a person you have identified to receive them, except where the law provides otherwise. For business purchases, risk passes on delivery to the delivery address specified in your order, unless agreed otherwise in writing.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

For consumer orders cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we will refund the cost of standard delivery. If you chose a more expensive delivery option, we will refund only the cost of the least expensive standard delivery option we offered. Your other statutory rights are unaffected. You can seek advice from Citizens Advice or your local Trading Standards service.

Delays

If supply is delayed by circumstances beyond our reasonable control, we will take reasonable steps to keep you informed. We will not be liable for delay to the extent it is caused by those circumstances, but this clause does not remove any statutory rights you may have, including rights to cancel where applicable.

Changes to Your Order

Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and/or the price you pay for the item (you will be charged the current selling price on the day you amend your order).

Your Right to Cancel

If you are a consumer entering into a distance contract with us online or by telephone, you may have a statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). For goods, the usual cancellation period ends 14 days after the day you (or someone you nominate, other than the carrier) receive the goods. For services, it usually ends 14 days after the day the contract is entered into. Exceptions apply to certain goods and services, and special rules may apply where you ask us to begin services during the cancellation period. The statutory distance-contract cancellation right generally does not apply to purchases made in-store. This does not affect any other statutory rights you may have.

If you cancel a goods contract under the Regulations, we will refund the cost of standard delivery, subject to the Regulations. Where you cancel only part of an order, the delivery-cost position will depend on the circumstances and applicable law. We may, where permitted by law, withhold reimbursement until we have received the goods back or you have supplied evidence that you have sent them back, whichever happens first.

Exercising Your Right to Cancel

To exercise your right to cancel, you must inform us of your decision within the applicable cancellation period. You may do so by making a clear statement to that effect, for example by email or post, or by using any cancellation form we provide. You do not have to use a particular form. For goods, the cancellation period is usually 14 days after the day you receive them; for services, it is usually 14 days after the contract is entered into.

You must send the goods back or hand them over to us without undue delay and, in any event, within 14 days after the day on which you tell us you are cancelling. The deadline is met if you send the goods back before the 14-day period expires. You must pay the direct cost of returning the goods only where we have informed you of that obligation before the contract was made. Otherwise, we will bear those costs. Different rules may apply to goods that cannot normally be returned by post.

Please return products with their original packaging where reasonably possible; however, lack of original packaging does not, by itself, remove a statutory cancellation right. You are liable only for any reduction in the value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning, as permitted by the Regulations.

For goods, we will reimburse you without undue delay and no later than 14 days after the day we receive the returned goods or, if earlier, the day you provide evidence that you have sent them back. For services, any refund due following cancellation will be made within the period required by the Regulations. If you expressly asked us to begin providing a service during the cancellation period, you may be required to pay a proportionate amount for services supplied up to the time you told us you were cancelling, where the law permits this. Where the law permits us to wait for returned goods or evidence of return, we will do so. Refunds will be made using the original payment method unless you expressly agree otherwise, and we will not charge a refund fee. Please send returns to:

AV Innovation Returns

3 Church Road

Farnborough

Orpington

Kent

BR6 7DB

You may exercise any statutory cancellation right in accordance with the Regulations even where the goods were delivered to a third party you nominated, subject to the applicable legal requirements.

This section is a summary and is not a complete statement of your rights under the Regulations. Your statutory rights are unaffected. Further guidance is available from Citizens Advice or your local Trading Standards service.

Products Lost or Damaged in Transit

We recommend that you use a tracked delivery service and retain proof of postage when returning goods. Responsibility for loss or damage in transit will be determined in accordance with applicable law and the circumstances of the return. Nothing in this clause limits your statutory rights.

Damaged or Incorrectly Supplied Products

Please check the goods against your order when reasonably possible. If goods are damaged or incorrectly supplied, contact us by post, telephone or email as soon as reasonably practicable and explain the issue. You should not be required to report a fault within a period that would unlawfully restrict your statutory rights. We will explain the next steps for return, repair, replacement or refund, as applicable under the law.

Depending on the circumstances and your statutory rights, we may repair or replace the goods or provide a refund. Refunds will normally be made to the original payment method unless you expressly agree otherwise. We will not make deductions except where permitted by law.

Product Descriptions

We take reasonable care to ensure that prices and product descriptions on the Website are accurate. However, please note that:

Prices are shown in pounds sterling and include UK VAT where applicable. We may correct obvious errors in prices or descriptions before accepting an order and will contact you if a correction affects your order. Weights, dimensions and capacities are approximate. We make reasonable efforts to display colours accurately, but the colours shown may vary depending on your device and screen. All items are subject to availability. Nothing in this clause limits any rights you have where goods are not as described.

Legal Compliance

You agree that you will not use, sell or supply any product(s) purchased from AV Innovation in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.

Liability

Nothing in these General Terms and Conditions of Sale excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

If you are a consumer, you have statutory rights in relation to goods that are faulty, not as described or otherwise fail to conform to the contract. Nothing in these General Terms and Conditions of Sale affects those rights. Where we provide services to a consumer, we will perform them with reasonable care and skill as required by law. Further guidance is available from Citizens Advice or your local Trading Standards service.

Consumer goods must be of satisfactory quality, fit for purpose and as described, as required by the Consumer Rights Act 2015. Depending on the circumstances, your remedies may include a short-term right to reject, repair or replacement, or a price reduction or final right to reject. We will deal with any claim in accordance with applicable law.

Subject to the limits on exclusions and restrictions of liability set out in these Terms and Conditions, we are responsible for losses that are a foreseeable result of our breach of contract or failure to use reasonable care and skill. We are not responsible for a failure or delay caused by your act or omission or by circumstances beyond our reasonable control, but this does not affect any statutory rights or liability that cannot lawfully be excluded.

You must follow any advice we give you to keep the products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

If you purchase as a business, we will not be liable for indirect or consequential loss, or for loss of profits, revenue, business opportunity or data, to the extent permitted by law. This exclusion does not apply to consumers and does not exclude liability that cannot lawfully be excluded.

PART E: LEGAL TERMS

Exclusions of Liability

To the fullest extent permitted by law, we exclude warranties and terms that may lawfully be excluded in relation to your use of the Website. We are not liable for losses that are not reasonably foreseeable, except where such liability cannot lawfully be excluded or limited. Nothing in this clause excludes or limits a consumer’s statutory rights or any liability that cannot lawfully be excluded or limited.

These exclusions are governed by the law stated in the “Law, Jurisdiction and Language” section. If any provision is unlawful or unenforceable, it will be treated as severed to the extent necessary, without affecting the remaining provisions.

Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Other Legal Notices

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website.

Assignment and Third-Party Rights

We may update these Terms and Conditions for legal, regulatory or business reasons. The updated version will be posted on the Website with its effective date. Changes will not retrospectively alter a contract already formed unless required by law or agreed with you. Where notice or consent is legally required, we will provide it.

You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.

We may assign or transfer our rights or obligations under these Terms and Conditions where this does not reduce your rights. We remain responsible for obligations that we are required by law to perform. We may use subcontractors to perform our obligations.

Only you and we shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Waiver

No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed upon by us in writing.

Severability

If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

Entire Agreement

These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law, Jurisdiction and Language

These Terms and Conditions and any non-contractual obligations arising out of or in connection with them are governed by the law of England and Wales. The courts of England and Wales shall have jurisdiction, subject to any mandatory rights a consumer may have to bring proceedings in another part of the UK or in their country of residence. Contracts will be concluded in English.

Changes to these Terms and Conditions

We may update these Terms and Conditions from time to time. The current version will be posted on the Website, together with the date it takes effect. Changes to Website terms may apply to future use of the Website. Changes to a contract already formed will apply only where permitted by law and, where required, with your agreement. Continued use of the Website does not, by itself, mean that you have agreed to a change to an existing contract.