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TERMS AND CONDITIONS

Please read the notices below carefully. If there is anything that you do not understand please contact Nexavision Ltd through the appropriate channels. We also advise you to check this information from time to time.

The following terms and conditions apply to all orders placed via our online shop by consumers or traders.
Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
Trader means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
These terms also apply to traders for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any trader.
By entering the Nexavision Ltd website, you acknowledge and agree to the following terms and conditions. If you do not agree to these terms and conditions, do not enter and use this website. This legal information and the terms and conditions are applicable to all pages of the Nexavision Ltd website. Nexavision Ltd reserves all rights afforded by the laws of Wales, and of the United Kingdom, and specifically reserves its rights, claims, and defences for any omission from the contents of this notice to users of the Nexavision Ltd website.
You acknowledge and agree that Nexavision Ltd reserves the right to revise this legal information at any time for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information and materials contained on this website. You further acknowledge and agree that by entering this website you will be bound by any such revisions to the website and that Nexavision Ltd has encouraged you to periodically visit the website and this page to review these terms and conditions.

1. Format of the Contract

These terms of sale apply to all goods supplied by Nexavision Ltd via https://nexavision.co.uk The website is governed by the following terms and conditions; they do not affect your statutory rights.

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not a notification that we have accepted your order.

The contract is subject to your right of cancellation (see condition 3).

We have the right to terminate the contract if the price of the contract is not received from you in cleared funds.

Nexavision Ltd may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on www.nexavision.co.uk. If there is anything which you do not understand, or if you wish to obtain further information, please contact us on 01646 650008.

Every effort is made to ensure that prices shown on https://nexavision.co.uk are accurate at the time of placing your order. If by mistake, we have under-priced an item we will contact you and offer you the following three options:

  • Placing a new order at the correct price for those goods;
  • Canceling the original order; or
  • Leaving the order unchanged.

If we are unable to contact you within 14 days of our notice, the order will be canceled and you will receive a full refund, assuming you have already made payment.

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us (Nexavision Ltd, United Kingdom, info@nexavision.co.uk, phone number: 01646 650008) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

3. Your right of cancellation

Effects of cancellation

If you cancel this contract, we will reimburse to you payments received from you, including the costs of delivery (except for non-refundable fees from Paypal or any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

  • (a) 14 days after the day we receive back from you any goods supplied, or
  • (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
  • (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The price of an item does not include the delivery charge, which will depend on the delivery method you choose.

4. Payment

Payment can be made by any of the options advertised on our website. Payment is due at the time of ordering before delivery. If payment fails, your order will be cancelled.

Please be aware that if you are using Paypal as your payment method, we reserve the right to not ship to unconfirmed addresses. When paying using Sage Pay, we reserve the right to not ship to any address other than the registered cardholder’s address.

There will be no delivery until clear funds have been received. The time required for funds to be cleared may vary depending on the method of payment used.

5. Delivery

Delivery will be made to the address specified when you complete your order.

Should you want to change the shipping address after the goods have dispatched from us, a charge of £10 will be required (a redirection approval is subject to your order and account status).

Orders placed before the specified cutoff time will be processed and delivered as per your request, providing further security checks are not required and all goods are available.

If delivery cannot be made to your address for reasons under Nexavision’s security policies, you will be informed as soon as possible.

If you refuse the delivery of your order for reasons under the Distance Selling regulations or you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, Nexavision will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. By exercising your right to cancel, you are required to return the goods to Nexavision. If you fail to return the goods, we reserve the right to deduct any costs incurred by retrieving the goods from you.

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Nexavision will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this event, Nexavision will inform you of any delay as soon as possible.

Upon receipt of your order, you will be asked to sign for the goods received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered, the risk of damage to or loss of the item passes to you.

6. Out of Stock

If your item is not in stock, we will notify you by email and your order will be placed on back-order and despatched as soon as the item is in stock.

7. Refund policy

If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds of payments will be made at the latest within fourteen days from the day of receiving the cancellation notice.

The goods shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

8. Warranty

All new goods supplied by Nexavision have a minimum of 12 months warranty period from the date the goods were delivered unless otherwise stated. This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12-month warranty period, you should follow the Returns procedure.

Please note that the warranty does not cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer’s or Supplier’s instructions, or any alteration or repair carried out without Nexavision Ltd’s prior written approval.

8.1 Faulty Product

If you receive goods that are faulty or incomplete on arrival you must notify us within 28 days of receipt of the item. The goods should be returned to us with a covering note to the registered business address found on the website.

Any returned goods must be received by Nexavision in a saleable condition, including original packing, any manuals or accessories.

If the goods are less than 28 days old you have the option of a refund or direct replacement.

If the goods are over 28 days old we will test the product for the fault. If the fault is verified we will:

  • Try to repair the item
  • If we are unable to repair we will replace with the same item.
  • If we are unable to replace we will issue a refund in line with our refund policy.
  • If the goods you have returned are not found faulty by our trained technicians the goods will be returned to you at your cost.

8.2 Products Dead On Arrival

In the unlikely event of you receiving goods that do not work upon arrival with you, you must notify us within 10 days. The goods should be returned to us in line with our returns instructions.

Once we have received the goods back at Nexavision we will test the product for the fault. If the fault is verified we will either:

  • Replace with the same item
  • Refund in line with our refund policy
  • If the goods you have returned are not found faulty by our trained technicians the goods will be returned to you at your cost.

8.3 Products Damaged On Arrival

In the unlikely event of you receiving a damaged product, you should notify us in writing via e-mail within 7 days.

The goods should be returned to us in line with our returns instructions.

Once we have received the goods back at Nexavision we will test the product for the fault. If the fault is verified we will either:

  • Replace with the same item
  • Refund in line with our refund policy
  • If the goods you have returned are not found faulty by our trained technicians the goods will be returned to you at your cost.

8.4 Wrong Item Delivered

If by mistake we supply you with the incorrect item you must notify us within 10 days.

Once we have received the goods back at Nexavision we will confirm that it is, in fact, an incorrect item and either:

  • Replace with the correct item
  • Refund in line with our refund policy
  • If the goods you have returned are not found faulty by our trained technicians the goods will be returned to you at your cost.

8.5 Item not Required

If you wish to return an unwanted product in line with The Distance Selling Regulation you must notify us in writing via e-mail within 10 days of receiving the product.

You will be responsible for returning the goods to Nexavision at your own cost; you will be credited for the goods within 30 days of notifying Nexavision of the cancellation.

Contracts for the supply of sealed computer software as well as both audio and video recordings which were unsealed after delivery cannot be cancelled.

8.6 Extra Items Delivered

If by mistake we supply you with extra items you must notify us immediately.

If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.

Once the goods have been returned, you will receive a refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with Nexavision’s Returns procedure.

9. Intellectual Property Ownership

You acknowledge and agree that Nexavision Ltd is the copyright owner of this website and that no portion of this website, including, but not limited to the text, images, audio and/or video, may be used in any manner or for any purpose by you, without Nexavision Ltd’s express written permission. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Any modification, reposting or use of the materials.

10. No Confidentiality or Use Limitations for Submitted Information

You acknowledge and agree that any communication or material you transmit to this website, in any manner, and for any reason, will not be treated as confidential or proprietary information and that any communications or other materials you transmit to this website may be used by Nexavision Ltd for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if Nexavision Ltd decides to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.

11. Secure Server Pages / Online Application Pages

Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages. Nexavision Ltd appreciates the importance of providing a secure environment on its website for the purpose of providing any private or credit card information to process orders and applications. Nexavision Ltd will take all reasonable and customary steps to protect the information provided. Please use all means to protect your personal information, particularly if you are using a shared computer.

Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.

Applications submitted on this website are considered “pending acceptance and approval” and are not complete until a confirmation of approval and acceptance has been sent by Nexavision Ltd. In the event an application cannot be accepted, any payment made shall be refunded or credited to the credit card account within a reasonable period.

12. Use of this Site at Own Risk

You acknowledge and agree that your use of the website is at your own risk and that none of the parties involved in creating, producing, or delivering this website is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs or expenses of any kind (including attorney’s/solicitor’s fees, and/or other fees or expenses) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

13. No Warranty of Accuracy of Information

You acknowledge and agree that while Nexavision Ltd will make reasonable efforts to ensure that the information on the website is correct and that even though the schedules, times, locations, product information, mod information, classified adverts, and other information contained in the Nexavision Ltd website are based upon current information, Nexavision Ltd cannot guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. All content and information contained in this website are provided to you “AS IS”, without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

14. Links to Other Websites

You acknowledge and agree that although this website may be linked to other websites, Nexavision Ltd is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked website, unless specifically stated in this website. Nexavision Ltd has not reviewed all websites linked to this website and is not responsible for the content of any other website linked to this website. Any linking by you to any other websites is at your own risk.

15. Application of Laws

You acknowledge and agree that although the information and materials on the Nexavision Ltd website may be read throughout the world, this website is designed and intended for use in the United Kingdom and your entrance into this website will be construed and evaluated according to the laws of the United Kingdom. If you access this website from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where you access the website, the information is not meant for you. Nexavision Ltd makes no representation that the information and materials contained in this website are appropriate for countries outside the United Kingdom.

16. Incorrect Pricing

You acknowledge and agree that we reserve the right to cancel/refund the order of a product with an incorrect price.

17. Damage during Delivery

For the consumer, the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to traders: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier, or another contractor for forwarding to the defined person or establishment.

18. Guarantee

We are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product or on distinct information pages in the online shop, if applicable.

19. Contractual Partner, the formation of contract

The purchase contract is concluded with Nexavision Ltd.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order, you will immediately receive a confirmation via e-mail.

19.1. Contract language, the saving of the contract text

The language available for concluding the contract is English.

We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.