Terms And Conditions

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

The Visopix website and all content which appears on it (the “Website”) is owned and operated by Orchid Box LLP, a company incorporated in England whose registered address is 90 Long Acre, Covent Garden, WC2E 9RA and whose company number is 06617413 (referred to in these terms as “we”, “our” or “us” for short).

1. Introduction

1.1 Please read these terms and conditions carefully before using the website operated by Visopix. In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability). By clicking on the ‘I Accept’ button at the bottom of these terms and conditions you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.

1.2 Without prejudice to the above, by clicking on the button marked “I Accept” at the end of these terms and conditions and/or by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.

1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.

2. Nature of our website

2.1 Our website is a place for you to select and order (the ‘Products’). Our website describes the Products in more detail.

2.2 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. Although the contents of our website are aimed at users aged 18 and above, you must be over 18 years to purchase the Products, using the payment method displayed on our website.

3. Buying products on our website

3.1 To order a product you will need to follow the ordering procedures set out here. Details of our prices for the Product, and the procedures for payment and delivery are displayed on our website.

3.2 Any times or dates stated on our website for collection are estimates only. Visopix will make all reasonable effort to deliver goods to your chosen collection branch within the time specified, but does not accept liability for any failure to deliver within that time.

3.3 You must pay by credit card, debit card or cheque at the time of order. Products can not be collected byyou until we are in receipt of cleared funds. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. The prices are inclusive of delivery costs to your chosen collection branch of Visopix.

3.4 Visopix is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the e-mail address you have given us [on registration or] on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.

3.5 You undertake that all details you provide to us for the purpose of purchasing the product offered by us on our website will be correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit or debit card details before providing you with any products.

4.0 The Product is not of a satisfactory quality;

The Product is not fit for any other purpose for which you have bought it and you notified Visopix of this purpose before purchase, and Visopix has not informed you that the Product is not fit for that purpose;

Visopix will, at its option, arrange a replacement Product for collection by you or refund to you the price paid.
In the unlikely event your television develops a fault within its guarantee, please return the television to any Visopix depot and we will arrange to repair and return the product free of charge to the depot. If we cannot repair the television we will endeavour to exchange the television for an exact replacement or the nearest replacement in terms of specification. Please note all exchanges must be undertaken at the collection depot.

This does not apply to faults caused by accident, neglect or misuse (for which there can be no refund or exchange). Please check the plug, batteries, fuse and the manufacturer’s operating instructions before contacting us. We strongly advise you to retain all original packaging in case of a return, replacement or repair.

All our items are covered by ‘Manufacture Guarantee’. Please keep the invoice as proof of purchase and guarantee. In the unlikely event of a fault please contact us via email or by phone with your invoice number. Our engineers may initially call you to see if the problem can be resolved over the phone. If this is not possible, then the television will need to be taken to the depot for a repair/ exchange.

4.1 If you have any complaints, you should direct them to us via e-mail or by post at Orchid Box LLP, 90 Long Acre London, WC2E 9RA.

5. Modifications to website

5.1 We reserve the right to make changes, corrections, to review or alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.

5.2 Please note that although we try to ensure that the content of our website is accurate, our website may contain typographical errors or other inaccuracies.

6. Information you provide to us

6.1 The following applies to any information you provide to us, for example during any registration or ordering process.

You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’).

If you obtain or choose to buy Products through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.

You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, an address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.

You acknowledge that any incorrect information which you provide to us may result in a delay to the processing of your order.
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at datapins.com.

6.3 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (“Content’):

you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations standards and/or codes of practice;

you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;

you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and

we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or maybe inappropriate or otherwise does not comply with the above.
6.4 You grant us a non-exclusive, irrevocable, royalty free. Worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.

6.5 You warrant to undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

7 Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer then to any third parties. You must notify Orchid Box LLP immediately of any unauthorised use of them or breach of security regarding our website that comes to your attention.

8 Applicability of online materials

8.2 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.

8.3 You assume total responsibility and risk for your use of our website and use of all information contained within it.

8.4 We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

8.5 Visopix will not accept any order for a Product from any jurisdiction other than the UK mainland. For the avoidance of doubt we will not accept orders which require delivery to Northern Ireland, the Channel Islands, the Isle of Man, Scottish offshore Islands and other remote parts of the UK. Visopix makes no representation and gives no warranties, express or implied that the Product becoming available for reasons beyond our control in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Product, or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Product. Visopix accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Product by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries. The sale of the Product to you is subject to the laws of England and Wales.

9. Copyright and monitoring

The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Visopix, its affiliate’s or other third party licensors. All product and company names and logos mentioned in our website are trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Visopix or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, codes and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

10. Linked Sites

Visopix make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Visopix and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Visopix endorses or accepts any responsibility for the content, or the use of, such a website and Visopix shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

11. Availability of our website

We will try to make our website available but cannot guarantee that our website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with or hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

12. Liability

12.1 We promise that for any Product you purchase from our website:

We have the right to sell the Product to you;

The Product will be of satisfactory quality and;

Will be fit for any other purpose for which you have bought it and you notified Visopix of this purpose before purchase, and Visopix has not informed you that the Product is not fit for that purpose;

Subject to this, however, the Product is not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any service we provide to you will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.

We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an “as is” basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

12.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products which shall be subject to the exclusions and limitation of liability set out in these terms and conditions, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Visopix or our servants, agents or any other person or entity.

12.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

12.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

12.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

13. General

13.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

13.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

13.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and Visopix. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Visopix or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order for and payment method instructions.

13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

13.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

13.6 Except in respect of a payment obligation, neither you nor Visopix will be held liable for any failure to perform any obligation to the other due to causes beyond your or Visopix’s respective reasonable control.

13.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

13.9 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999,]

14.Brand New Items

14.1 Brand new items are supplied with manufacturer’s warranty – usually this is a 12 months warranty but varies with each item sold. No further warranty applies unless otherwise stated on the advert.

14.2 There is a 15% Admin and Re-stocking Fee for any brand new items returned to Visopix within 14 days of the initial purchase. This will be reduced from the total sales price of the brand new item

 

David McDonald
75 c springbank road
glasgow
renfrewshire
PA3 2LN