Terms & Conditions
Intended meaning (a) “Projection Heaven” refer to Projection Heaven Ltd. of address Causeway House (Company Registration number 11888811, VAT Registration number 331 5697 95) or any subsidiary or associated company.(b) “Customer” the person, organisation or company who or which has agreed to purchase products from Projection Heaven and whom Projection Heaven may agree to supply products in accordance with these terms and conditions.(c) “Products” and “Goods” means goods or services (including installation services) to be provided by Projection Heaven to the Customer or Organisation in accordance with these terms and conditions.
The conditions of business will apply to all sale and purchase transactions between Projection Heaven and the customer and or distributor/vendor. No terms and conditions put forward by the customer in disagreement with these terms and conditions shall be incorporated into the contract between the parties unless separately agreed in writing and signed on behalf of Projection Heaven by an employee of Projection Heaven.
The placing of an order by the customer or organisation in writing or from an official organisation email shall constitute an offer and a contract shall be affected if and when the offer in question is accepted by Projection Heaven and not at an earlier time.
All timeframes outlined or quoted on delivery dates are estimated only and, while Projection Heaven will use all reasonable avenues to ensure it complies with any estimates given, Projection Heaven will not be responsible for any failure to comply with the estimate or for any direct or resulting loss there from.
A contract may not be cancelled without any prior written consent of Projection Heaven which will only be given on terms that Projection Heaven is to be indemnified against any loss incurred up to the date of such cancellation. In the instance that the customer cancels the contract the customer or organisation shall as regards any goods that are the subject of the contract reimburse Projection Heaven the amount or amounts of any work undertaken, time expended and costs incurred in connection with the customer or organisations order.
Promotional literature, including price lists and internet promotional literature as used by Projection Heaven are intended only as an indication as to the price and range of goods offered and no prices, descriptions or other particulars contained therein shall be binding on Projection Heaven. All pricing is exclusive of and subject to VAT. All such taxes are payable by the Customer and will be applied in accordance with UK legislation in force at the tax date.
Invoices will be created and dated by Projection Heaven on the date of dispatch of the Products. Unless otherwise specifically requested and agreed, invoices will be payable by the Customer by the date of invoice. Payments which are not received when payable will be considered overdue and remain payable by the Customer together with interest for late payment from the date payable at the rate of 3.5% per annum. Such interest shall accrue on a daily basis and be payable on demand after as well as before judgment.
Full ownership to all goods will pass to the customer only when all payments are made in full. The property of the goods agreed to be sold to the customer by Projection Heaven shall not pass to the customer until Projection Heaven has received cash or cleared funds payment of the price of the goods together with any taxes and charges due. Until this time as the property in the Products passes to the Customer (and provided the Products are still in existence and not been resold), Projection Heaven shall be entitled at any time to require the Products be delivered to Projection Heaven and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Products are stored and repossess the Products. The Customer’s power of sale or right to use such Products shall immediately cease if an Administrative receiver is appointed over all or any part of its assets or if it adjudicated bankrupt or enters liquidation whether compulsory or voluntary, or if the Customer makes an arrangement with its creditors, or generally becomes unable to pay its debts within the meaning of the Insolvency Act 1986. On termination of the Company’s power of sale or right to use the Products the Customer will immediately hold the Products to the order of Projection Heaven.(viii) The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of Projection Heaven, but if the Customer does so, all monies owing by the Customer to Projection Heaven shall (without prejudice to any other right or remedy of the seller)forthwith become due and payable. Projection Heaven reserves the right to cease supplies of Products to the Customer at any time. On such cessation of supplies, Projection Heaven reserves the right to withdraw any credit facility such that the whole of the Customer’s account becomes due for payment forthwith.
Projection Heaven will not be responsible in respect of any loss or damage caused by or resulting from any variation for whatsoever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. Projection Heaven will use its reasonable resources to advise the Customer of any such impending variation as soon as it receives any such notice thereof from the manufacturer. Unless otherwise agreed, the Products are supplied in accordance with the manufacturer’s standard specifications as these may be improved, substituted or modified. Projection Heaven reserves the right to increase its quoted or listed price, or to charge accordingly in respect of any orders accepted for Products of non-standard specifications and in no circumstances will it consider cancellation of such orders or the return of such orders.
8.Projection Heaven reserves the right to levy a 30% administration and restocking charge in respect of the rotation of Products and returns. All returns must be made subject to the following:(i) prior authority having been obtained from Projection Heaven which will be given at Projection Heaven’s sole discretion;(ii) within 10 days of the date of the invoice; (iii) the Products must be properly packaged;(iv) the Products must be in new condition;(v) the Product is still covered by warranty.
Projection Heaven reserves the right to reject any Products which do not comply with the conditions mentioned above.
If Projection Heaven nevertheless agrees to accept any Products returned which are not in a saleable condition, Projection Heaven reserves the right to charge the cost to the Customer of bringing the Products into a reasonable state and condition for sale.
If you are a consumer then you have the right, in addition to other rights, to cancel the contract and receive a refund so long as notice is given in writing, including email and the goods supplied were not made to order or customised to your requirements. The product must be complete, unused and in “as new” condition (E.g., if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging in any way). You must inform us in writing, quoting your invoice number, within 14 days starting the day the goods are delivered to you. You must return the goods to us at your cost or alternatively we may be able to collect the goods at your cost. Should you choose to return the goods we advise you to adequately insure against loss or damage whilst in transit. Projection Heaven Ltd. reserves the right to reject returned goods if they are used or not deemed as new.
Projection Heaven warrants that it has good title to or license to supply all Products to the Customer.
If any part of the hardware Products should prove defective in materials or workmanship under normal operation or service, such Products will be repaired or replaced only in accordance with any warranty cover or terms as provided by the manufacturer of the Products provided no unauthorised modifications to the Product or to the system of which the Product forms part have taken place.
Projection Heaven is not responsible for the cost of labour or other expenses incurred in fixing defective parts.
If the Products are rejected by the Customer as not being in accordance with the Customer’s order Projection Heaven will only accept the return of such Products provided that it receives written notification thereof giving detailed reasons for rejection.
Projection Heaven will not consider any claim for compensation, indemnity or refund under liability, if any, has been established or agreed with the manufacturer and where applicable the insurance company. Under no circumstances shall the invoiced Products be deducted or set off by the Customer until Projection Heaven has passed a corresponding credit note.
Projection Heaven excludes all liability to the Customer in connections with these terms and conditions including the Customer’s use of the Products and in no event shall Projection Heaven be liable to the Customer for special, indirect or consequential damage including but not limited to loss of profits arising from loss of data or in connection with the use of the Products.
In the instance of any of these terms and conditions or any part of them being judged illegal or unenforceable for any reason, the continuation in full force and effect of the remainder of them shall not be prejudiced. Neither party shall be liable to the other for any delay in failure to perform its obligations hereunder (other than a payment of money) where such delay or failure results from force majeure, act of God, fire, explosion, accident, industrial dispute or any cause beyond its reasonable control. Any documents or notices given hereunder by either party to the other must be in writing and may be delivered personally or by recorded delivery or registered post and in the case of post will be deemed to have been given 3 working days after the date of posting. Documents or notices shall be delivered or sent to the addresses of the parties on the first page of this Agreement or to any other address notified in the normal course of trading in writing by either party to the other for the purpose of receiving documents or notices after the date of this Agreement. These terms and conditions shall be construed in accordance with English Law.