| Terms
and Conditions / Privacy Policy
Welcome to our Web Site and Online Store. Libra Professional Broadcast
Ltd. provide their services to you subject to the following conditions.
If you visit our web site, you accept these conditions. Please read
them carefully. These terms do not affect your Statutory Rights.
BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND BY
THE PRIVACY POLICY, REGARDLESS OF YOUR FAILURE TO READ THEM. If
you do not agree with this Privacy Policy or with the Terms, please
do not use the Website. In addition to these Terms, any purchase
of products through the Website is subject also to the Terms and
Conditions for the Sale of Goods that appears and is available for
download from the Website. In the event of a contradiction between
these Terms and any other terms or agreement, these Terms shall
prevail, unless explicitly agreed otherwise. Notwithstanding, these
Terms do not affect your statutory rights.
The Website
The Website and the services offered through it are owned and operated
by Libra Professional Broadcast Ltd whose details are provided below,
at the end of these Terms (the "Company").
The Website may contain links to third party's websites or advertisement
to third Parties. The fact that such links and advertisements are
posted and presented on the Website is not an endorsement or representation
of any kind of those websites or their policies and practices. Such
websites are not being operated and/or monitored by the Company
and therefore the Company does not assume any responsibility in
any way for the policies and practices of any such third party,
and encourage you to review the terms and policies of such linked
websites before using them. Moreover, The Company takes no responsibility
for any goods or services provided by third party advertisers. The
Company will not be a party to or in any way be responsible for
monitoring any transaction between you and any third party advertisers.
Permission to use the Website
In order to use the Website, you hereby represent and warrant:
* If and to the extent that you purchase products through the
Website (the "Goods"), you buy them as part or in the
course of your business, trade or profession, and you do not wish
them to be supplied to you for you own private use. It is clarified
that the Goods are not of a type ordinarily supplied for private
use or consumption and are not sold for that purpose.
For the avoidance of doubt, you acknowledge that you shall not
be considered as a 'Consumer' as this term is defined under the
Consumer Protection Act or the Consumer Protection (Distance Selling)
Regulations 2000, nor will you be considered as 'dealing as consumer'
as this term is defined under the Unfair Contract Terms Act 1977.
* If you are not located within the UK and/or if the Goods are to
be sent by the Company, at your request, to any location outside
the UK, you hereby warrant that your use of the Website does not
violate any law or regulation, that the Goods can be legally sent
to you or to such location, and that these Terms are binding under
the laws of such place, at least to the same extent as they are
in the UK. Please note that the Company makes no representation
or warranty that the Website is appropriate or available for use
at any location outside the UK.
* You are more than 18 years of age, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms.
Subject to these representations and warranties, you are hereby
granted the right and permission to use the Website, provided that:
(i) you shall comply with these Terms; (ii) by using the Website
you shall not infringe any law, agreement or third party's right;
and (iii) you will not make any change or modification to the Website
and/or copy any part of the Website, without The Company's prior
written permission.
International visitors
You should be aware that the Website is intended for and directed
to residents of the United Kingdom and the Company makes no representation
or warranty that the Website or any of the Goods are appropriate
or available for use or delivery at any location outside the UK.
If you choose to access the Website from any other country, in
which the laws governing the operation or use of websites are different
than the laws of England and Wales, please be advised that your
usage of the Website is governed by the laws of England and Wales,
and that you are fully responsible for compliance with your local
laws if and to the extent that such local laws are applicable.
Use of the Website
In order to purchase the Goods through the Website, you will have
to register with the Website and have a user name and password.
During the registration process you will be asked for several details,
including your name, address, e-mail address and credit card details.
You must provide accurate and complete information, and maintain
the information accurate current and complete. If The Company has
reasonable grounds to suspect that such information is inaccurate
or incomplete, then in addition to refusing to serve you, it may
suspend or terminate your access to and use of the Website and may
also refuse any and all current or future use of the Website. The
Company's use of any personally identifying information you provide
as part of the registration process, is governed by the terms of
the Privacy Policy.
Your registration is solely for your use and is not transferable.
You shall not authorize others to use your username and password.
You are solely responsible for the use and maintenance of your username
and password, and for all activities that occur through your account.
You must keep your password secure and safe and the Company recommends
you not to use simple passwords. You agree to notify The Company
immediately of any unauthorized use of your password or account
or any other breach of security, and to ensure that you exit from
your account at the end of each session. The Company cannot and
will not be liable for any loss or damage that arises as a result
of any failure to protect your password or account information.
You agree not to circumvent, disable or otherwise interfere with
security related features of the Website or features that prevent
or restrict use or copying of any content or enforce limitations
on use of the Website or its content. The Company uses reasonable
information security practices and will not be liable in the case
of breach of implemented physical, technical and managerial security
controls.
You agree not to use or launch any automated system, including
without limitation, 'robots', 'spiders', 'offline readers' and such,
that accesses the Website in a manner that sends more request messages
to the Website in a given period of time than a human can reasonably
produce in the same period. However, the Company grants the operators
of public search engines permission to use spiders to copy materials
from the Website for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives
of such materials. The Company reserves the right to revoke these
exceptions either generally or in specific cases.
You may not use the site in any way that may be damaging or detrimental
to the activities, operations, credibility or integrity of the site
and the Company, or that may interfere with any third party's access
use and enjoyment of the Website.
You may not create any link to the Website without the Company's
prior written consent.
Intellectual Property Rights
All content and information on the Website including, without limitation,
text, graphics, photos, images, sounds, video clips, promotional
contests, interactive features, software and code, (collectively,
"Content") is owned by the Company or its licensors and
is protected by copyright and other intellectual property laws.
All branding, trademarks, service marks and logos contained in the
Website (collectively, "Marks") are the exclusive property
of The Company or its licensors. The Content is provided to you
“AS IS” for your information and may not, in whole or
in part, be copied, modified, reproduced, distributed, transferred,
transmitted, broadcasted, published, displayed, sold, licensed,
or otherwise exploited in any manner and for any purpose whatsoever,
without the prior written consent of The Company. The Company reserves
all rights not expressly granted in the Content.
Accuracy of content
The Company does its best endeavors to ensure that all the information
presented on the Website (including the prices quoted and the products'
descriptions), is accurate. However errors can occur. If the Company
discovers an error in the price or the description of a product
that was ordered, it may cancel the order at any time until it is
actually delivered.
To the extent permitted by any applicable law, the Company disclaims
all warranties, express or implied, as to the accuracy of the Content,
and the Company shall not be liable to any person for any loss or
damage which may arise from the use of any of the Content.
The Order Process
If you decide to purchase products through the website, you may
do so, by filling in the proper order form and submitting it. The
form includes several parts in which you will select the Goods you
wish to purchase, the delivery method and other related services
(such as insurance), provide the Company with several personal details
including your name, address and e-mail address and provide the
Company with your credit card details. Please note that at any point,
until the final submission of the form, you may clear all details
or amend any of them.
Before the final submission of the form, you will be able to see
the total cost of your order, and will be asked to review all the
details of your order and confirm them, and also to confirm (through
a check box) your understanding and acceptance of the Terms and
Conditions for the Purchase of Goods. Such terms, as well as the
Privacy Policy are available in a PDF format on the Website.
You should be aware that by completing and submitting the electronic
order form you will be making an offer to purchase the Goods from
them Company, which, if accepted by the Company, will result in
a binding contract. This contract will be filed by the Company,
but will not be accessible to you.
Upon receiving the filled form, the Company shall confirm the receipt
of the order. Please note that such confirmation is not an acceptance
of your order, and that until you receive a final explicit acceptance
of your order from the Company, the Company may, reject your order,
in its sole discretion and for any reason, including due to reasons
related to your credit history and credit checks. You should be
aware that your card may be debited before the Company's acceptance
is given and the contract is formed, and if your order is ultimately
rejected, a full refund will be made immediately.
For the avoidance of doubt, any contract under these Terms or under
the Website can only be concluded in English.
Prices and Payment
All prices and charges of the products on the Website are in UK
pounds, and are exclusive of VAT or any other applicable taxes,
customs and charges, as well as any charges for delivery or for
any additional services (e.g. insurance of the Goods).
The total cost of your order will be the sum of: (i) price of the
Goods; (ii) the applicable delivery charges; (iii) any applicable
taxes, customs and charges; and (iv) charges for any additional
services (if applicable). The total cost of your order will be set
out clearly before you submit your order.
Payment Terms
The purchase can be made by only by the following credit cards:
Mastercard, Visa, Switch, Maestro.
Deliveries
As part of the order process, you will be asked to select the delivery
method. The available delivery methods, the associated costs and
the specifics of each delivery method depend, inter alia, on the
type of products ordered and the location to which it is to be delivered.
The Company makes every effort to keep the delivery charges as low
as possible. You will be able to see all applicable charges before
the final submission of your order.
Delivery Times
All deliveries must be signed for.
The Company does its best endeavors to meet the expected delivery
times. However, deliveries are made by third parties and delivery
times may be affected by factors beyond the Company's control and
therefore cannot be guaranteed. The Company will make every effort
to keep you informed in that respect.
Subject to the other provisions of these Terms the Company shall
not be liable for any direct, indirect or consequential loss (all
three of which terms include, without limitation, pure economic
loss, loss of profits, loss of business, depletion of goodwill and
similar loss), costs, damages, charges or expenses caused directly
or indirectly by any delay in the delivery of the Goods (even if
caused by the Company's negligence), nor shall any delay entitle
you to terminate or rescind the purchase of the Goods, unless such
delay exceeds 90 days.
Missing, Damaged or Incorrect Orders
The Goods shall be at your risk from the time of delivery. You
(and/or any person taking possession of the Goods on your behalf)
shall be responsible to inspect the conditions and quantity of the
Goods, upon collecting them. The acceptance of the Goods at the
delivery point shall be deemed to be a confirmation of the condition
of the Goods and of your acceptance of the Goods at such condition.
The Company does its best to ensure that you receive your order
undamaged. If you do not receive all the Goods you have ordered,
or in the unlikely event that a product arrives damaged or faulty,
or if you have any other problem with the delivery, please contact
the Company at Libra Professional Broadcast Ltd, The Studios, Old
Vicarage, Coughton, Worcestershire, UNITED INGDOM
B49 5HU . Tel No: +44 (0)1527 853305
The Company shall not be liable for any non-delivery of Goods,
unless you give a written notice to the Company of the non-delivery
within 7 days of the date when the Goods would in the ordinary course
of events have been received.
Any liability of the Company for non-delivery of the Goods shall
be limited to replacing the Goods within a reasonable time [or issuing
a credit note] for the applicable amounts.
Returns
This section applies to you only if you are a natural person purchasing
the Goods outside your trade or profession (for the purpose of this
section "Customer"), and with respect to Goods purchased
online from this Website only.
The right to cancel a purchase
If you are a Customer, you have the right (under the Consumer Protection
(Distance Selling) Regulations 2000) to cancel the purchase, for
any reason, at any time up to 7 working days after the day on which
you receive the Goods.
How to arrange a return
In order to return the Goods, you need to notify the Company, in
writing, upto 10 days after delivery and to receive the Company's
authorisation and instructions.
Your responsibilities
Regardless of the reason for return of the Goods, you must take
reasonable care of the Goods while they are in your possession and
during transport back to the Company. Taking reasonable care means
you must return the Goods in 'as new' condition, in their original
packaging, with all the accessories you received with them and with
any software provided with them still sealed. If you fail to take
such reasonable care the Company may take action against you to
recover any resulting loss.
Costs involved
You will be responsible for the costs of returning the Goods back
to the Company unless you are canceling the order within 7 days
because the Goods are damaged, defective or do not meet their description.
If you fail to return the Goods, or you send them at the Company's
expense, the Company can charge you for the costs of the return,
even if it has already refunded your money.
Refund arrangements
Provided the products are returned in accordance with the previous
paragraphs, the Company shall endeavor to provide you with a full
refund of the purchase price excluding delivery charges, no later
than 30 days. Refunds shall be made by the original method of payment.
Please note that this is not intended to be a full statement of
all your rights under the said regulations.
Warranties for the Goods
With respect to the warranties for the Goods, please refer to the
relevant sections in the Terms and Conditions for the Purchase of
Goods.
In the unlikely event of a fault in any Good, please contact us
at Libra Professional Broadcast Ltd, The Studios, Old Vicarage,
Coughton, Worcestershire, UNITED KINGDOM, B49 5HU . Tel No: +44
(0)1527 853305.
Please retain your Delivery Note as a proof of purchase and a method
for validating the date from which your warranty will start. It
is essential to keep your Delivery Note to preserve the warranty.
Please also retain the original packaging in case you need to return
the product.
Warranty Disclaimer with respect to the Website
You expressly understand and agree that:
* Your use of the Website is at your sole risk. To the maximum
extent permitted by law and unless explicitly provided otherwise
under these Terms, the Company, its officers, directors, employees,
partners and agents disclaim any and all warranties, express or
implied, in connection with the Website and your use thereof.
* The Website and any hyperlinked third party websites are provided
on an “as is” and “as available” basis.
To the maximum extent permitted by law and unless explicitly provided
otherwise under these Terms, the Company disclaims all warranties
of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement;
Unless explicitly provided otherwise under these Terms and to
the extent permitted by law, the Company makes no warranties or
representations about the accuracy or completeness of the Content
or the content of any other websites linked to the Website and assumes
no liability or responsibility for any (i) errors, mistakes, or
inaccuracies of content; (ii) personal injury or property damage,
of any nature whatsoever, resulting from your access to and use
of the Website; (iii) any unauthorized access to or use of our secure
servers and/or any and all personal information and/or financial
information stored therein; (iv) any bugs, viruses, trojan horses,
or the like which may be transmitted to or through the Website by
any third party; and/or (v) any errors or omissions in any content
or for any loss or damage of any kind incurred as a result of the
use of any content made available via the Website.
* To the maximum extent permitted by law and unless explicitly provided
otherwise under these Terms, the Company makes no warranty that:
(i) the Website will meet your requirements; (ii) the Website will
be uninterrupted, timely, secure, or error-free; and (iii) the results
that may be obtained from the use of the Website will be accurate
or reliable.
* To the maximum extent permitted by law, no advice or information,
whether oral or written, obtained by you from the Website shall
create any warranty not expressly stated in the terms and conditions.
Limitation of Liability
In addition to the limitation of liability provided under the relevant
sections in the Terms and Conditions for the Purchase of Goods,
you expressly understand and agree that in no event the Company
shall be liable for any direct, indirect, incidental, special, punitive,
consequential or exemplary damages, including lost of profit, resulting
from: (i) the use or the inability to use the Website; (ii) errors,
mistakes, omissions or inaccuracies of Content; (iii) personal injury
or property damage, of any nature whatsoever, resulting from your
access to and use of the Website; (iv) unauthorized access to or
alteration of your transmissions or data; (v) statements or conduct
of any third party on the Website; and/or (vi) any bugs, viruses,
trojan horses, or the like, which may be transmitted to or through
the Website by any third party, whether based on warranty, contract,
tort, or any other legal theory, and whether or not the Company
was advised of the possibility of such damages. The foregoing limitation
of liability shall apply to the fullest extent permitted by law
in the applicable jurisdiction.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its
officers, directors, employees, agents and partners from and against
any and all claims, demands, damages, obligations, losses, liabilities,
costs or debt, and expenses including, without limitation, legal
fees and disbursements resulting, directly or indirectly, or arising
from: (a) your violation of these Terms; (b) your access, use or
inability to access or use the Website or any website to which the
Website is or may be linked from time to time; or (e) your violation
of any law or regulation. This defense and indemnification obligation
will survive these Terms and your use of the Website.
Amendments to these Terms and/or the Website
The Company reserve the right to amend, update or modify, at any
time, these Terms and/or the Privacy Policy and/or these Terms and
Conditions for the Purchase of Goods without notice. Such amendments,
updates and modifications shall be effective immediately upon posting
them on the Website. You will be asked to read and accept the Terms
each time you place an order, to ensure that you are familiar with
the most current ones, but in any event, your use of the Website
following any amendment of these Terms or the Privacy Policy will
signify your assent to and acceptance of the revised terms or policy.
The Company reserves the right to amend, update or modify, at any
time, the Website or the Content, including updating the prices,
adding or removing products and amending the services offered through
the Website.
Governing law
This Website, any content contained herein and any contract brought
into being as a result of usage of this Website (including the purchase
of any Goods) are governed by and construed in accordance with English
Law without respect to its conflict of laws principles. The parties
to any such contract agree to submit to the exclusive jurisdiction
of the courts of England and Wales.
The Website shall be deemed a passive website that does not give
rise to personal jurisdiction over the Company, either specific
or general, in jurisdictions other than England and Wales.
General
a) Assignment - These Terms and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by The Company without restriction.
b) These Terms together with the Privacy Policy and the Terms and
Conditions for the Purchase of Goods (if and to the extent applicable),
shall constitute the entire agreement between you and the Company
concerning this Website. Notwithstanding, these Terms do not affect
your legal rights.
c) Each right or remedy of the Company under these Terms is without
prejudice to any other right or remedy of the Company whether under
these Terms or not.
d) If any provision of these Terms is found by any court, tribunal
or administrative body of competent jurisdiction to be wholly or
partly illegal, invalid, void, voidable, unenforceable or unreasonable
it shall to the extent of such illegality, invalidity, voidness,
voidability, unenforceability or unreasonableness be deemed severable
and the remaining provisions of these Terms and the remainder of
such provision shall continue in full force and effect.
e) No waiver of any term of this these Terms shall be deemed a
further or continuing waiver of such term or any other term, and
the Company's failure to assert any right or provision under these
Terms shall not constitute a waiver of such right or provision.
f) The parties to these Terms do not intend that any term of these
Terms shall be enforceable by virtue of the Contracts (Rights of
Third Parties) Act 1999 by any person that is not a party to it.
Corporate Information
The Company is Libra Professional Broadcast Ltd, , company number
3961176, VAT number 436 797 307, registered at and whose registered
offices are at The Studios, Old Vicarage, Coughton, Worcestershire,
UNITED KINGDOM
B49 5HU and can be contacted through Tel No: +44 (0)1527 853305.
Last updated – Feb 2010
Privacy Policy
Libra Professional Broadcast Ltd is committed to protecting your
privacy. Libra Professional Broadcast Ltd uses the information it
collects about you to process orders and to provide a more personalised
shopping experience. Libra Professional Broadcast Ltd may also use
it to tell you about changes in its services or about special offers
that Libra Professional Broadcast Ltd considers you will find valuable.
Libra Professional Broadcast Ltd does not sell, trade or rent your
personal information to others.
Under the Data Protection Act 1998, Libra Professional Broadcast
Ltd follows strict security procedures in the processing, storage
and disclosure of information which you have given. Libra Professional
Broadcast Ltd security procedures mean that it may occasionally
request proof of identity before it is able to disclose sensitive
information to you.
Copyright and Trade Marks
The name Libra Professional Broadcast Ltd and/or the Libra Professional
Broadcast Ltd logo, together with our other product and brand names
are registered trade marks and may not be reproduced without permission.
All designs, text, graphics, arrangements displayed on this web
site and all software compilations, underlying source code, software
and all other materials on this web site are owned by or licensed
to Libra Professional Broadcast Ltd or their content and technology
providers. ALL RIGHTS IN THE SAME ARE RESERVED. Permission is granted
to electronically copy and to print in hard copy portions of this
web site for the sole purpose of placing an order with Libra Professional
Broadcast Ltd or using this web site as a shopping resource. Any
other use of the materials on this web site (including reproduction
for purposes other than those noted above, modification, distribution
or republication) without Libra Professional Broadcast Ltd prior
written consent is strictly prohibited.
Cookies
A cookie is a small data file that certain web sites write to your
hard drive when you visit them. A cookie file can contain information
such as a user ID that the site uses to track the pages you have
visited. The only personal information a cookie can contain is information
you supply yourself. The information stored by one site into a cookie
cannot be read by another web site.
Cookies may be disabled in the customer's web browser, although
this will affect usability of the site.
Disclaimer
To the fullest extent permitted at law, Libra Professional Broadcast
Ltd is providing this web site and its contents on an "as is"
basis and makes no (and expressly disclaims all, except fraudulent)
representations or warranties of any kind with respect to this web
site or its contents. Libra Professional Broadcast Ltd does not
represent or warrant that the information accessible via this web
site is accurate, complete or current.
General
Failure by Libra Professional Broadcast Ltd to enforce any of these
terms will not affect its rights to enforce any of these terms at
any time in the future. If at any time any of these terms or part
of a term are/is found to be invalid or unlawful by any court then
such term or part term shall be deemed severed from these terms
and the remaining terms shall be deemed valid and subsisting. These
terms are subject to change at any time without prior notice to
you Libra Professional Broadcast Ltd advises you to print and keep
safe a copy of these terms.
Supply
We reserve the right to refuse to supply any individual or company.
If you have any questions about the above statements please contact
us :
info@libraprobroadcast.co.uk |