Formula Sound Direct specialise in the sale of Formula Sound products usually with
free next day delivery, all at the lowest possible prices. We pride ourselves on providing a level
of service which is second to none, our staff are all friendly and knowledgable and we have the
backing of a company with 65 years trading history.
System 2000 Information
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The following terms and conditions apply to all orders from
Formula Sound Direct (FSD). Placing an order indicates your acceptance of these terms
and conditions. Please read them carefully and print a copy for future reference.
These terms and conditions do not affect your statutory rights under (inter alia) the Sale of Goods Act 1979, the
Sale and Supply of Goods Act 1994, and the Unfair Contract Terms Act 1977. To order goods through this website you
must be at least 18 years of age. An order made by you is an acceptance of these terms and conditions.
We have a binding contract only once the goods have been despatched to you.
We have the right to refuse at our discretion to supply any goods ordered by you.
Description of Goods/Warranty and Liability:
Although we warrant that the goods will, at the time of delivery, correspond to the description given by us all
products we sell are of a technical nature and it is not practical to publish detailed specifications of all the
products. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an
approximate description of the goods. Full details are available from the original manufacturers brochures &
websites. Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977,
section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or
conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants
that the Customer is satisfied as to the Suitability of the Goods for the Customers purpose Goods are not sold on
a trial basis. If you buy goods which have no published technical specifications, it is your responsibility to
establish the suitability of the goods for your intended purpose.
Typographical Errors:
In the event that a product is listed at an incorrect price due to a typographical error or error in pricing
information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect
price whether or not the order has been confirmed.
Payment Method:
These terms and conditions apply to orders placed within the geographical area of Europe only. Orders from other
areas are subject to individual negotiation. On the order you must provide us with your exact name and address
that your credit card issuer has on file for you. Your order will only be processed once authorisation of your
credit card has been properly received. All goods remain the property of Formula Sound Direct until paid
for in full. All prices displayed on this website include a 10% discount for payment in advance. If for any
reason we agree to despatch goods prior to receipt of payment, full payment must be received by us within 5
working days of you receiving the goods or invoice, whichever is sooner. Failing this we reserve the right to charge an additional amount
of 11% of the total invoice value (customers who have an agreed credit account are allowed an additional
5 working days to make payment).
Customs Duties:
Any customs duties or taxes levied on importation are the responsibility of the customer.
Availability of Goods:
All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you
if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply
the product we will arrange for the order to be cancelled.
We offer an extended range of products, some of which are obtained directly from our suppliers. These products are
subject to suppliers stock availability and delivery dates made by the suppliers own delivery services. It is
our policy to contact you to explain the stock and delivery situation with these products. Again if you do not
wish to proceed with the order, we will arrange for it to be cancelled.
Delivery:
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the
essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any
other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
Unless otherwise agreed we may deliver by installments and any delay, default or non-delivery in respect of any
installment shall not entitle the Customer to cancel the remainder of the Contract.
Failure by the Customer to pay for any installment or delivery when due shall entitle us to withhold further
deliveries and the Customer shall be liable for any costs incurred by the Supplier relating to such Goods which
the Supplier is then entitled to withhold.
Delivery of the Goods shall be made to the Customers address and the Customer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for delivery.
Time Limitations for Notification of claims:
Damaged in Transit
Should there be any damage to the delivered goods, details must be noted on the delivery documentation and it will
be your responsibility to inform us immediately, but not later than within 7 working days. It is imperative that
you do not dispose of any of the packaging, as this will be required to affect your claim against the carrier. We
will make a claim against the carrier and arrange for the damaged goods to be collected and replacements to be
sent to you.
Shortages
It is your responsibility to sign for the correct number of packages as shown on the delivery or carriers
consignment note. If you suspect that there are items missing from the delivery, first check that the order has
not been part shipped. Any shortages must be noted on the delivery notes and it is your responsibility to notify
us within 2 days of delivery.
Incorrect Goods
It is your responsibility to notify us of any incorrect goods supplied within 2 days of delivery. If the items are
not what you ordered, you must not open the manufacturers packaging or use the item.
Non-Deliveries
We will not accept liability for goods lost in transit unless we are notified within 10 days from the expected
delivery date.
We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery outside
the reported timescales. Except when extenuating circumstances have prevented notification within the reported
timescale.
Product Guarantees:
All products supplied are covered by the terms and conditions of the Original Manufacturers Guarantee for a period
appropriate to the nature of the product.
Faulty Goods
If you think that the product you have purchased is faulty or incompatible with your equipment we may refer you to
the manufacturer, due to their extensive knowledge of their product. If the manufacturer agrees that the product
is faulty, in most cases they will be able to authorise a replacement/repair of the product direct to you.
A restocking fee of up to 25% is charged on returns, which prove to be non-defective.
Dead on Arrival (DOA)
If the product fails within the manufacturers DOA period, a replacement product will be offered to you.
Refunds:
If for any reason you are issued with a refund, please note the following,
All refunds will be issued to the same payment method as on the original order.
When a refund is processed, you will receive an email notification.
A refund will usually reach your credit card account within 4 working days, please allow up to 10 working days for
it to be credited.
Goods returned within the manufacturers DOA period, will be refunded in full. If the goods are found not to be
faulty or they have been damaged by misuse, no refund will be issued and they will be returned to you at your expense.
The relevant manufacturer will process all offers of Money Back guarantees and you should contact them directly
to arrange return and refund.
Cancellation of Orders:
Orders cancelled after despatch of the goods will be subject to a minimum handling fee of 15% of the invoice price to cover re-stocking,
administration costs and card processing fees. If the packaging has been opened and resealed a testing fee of £20 will be incurred.
Delivery costs will not be refunded. A restocking fee of up to 40% of the original invoice value may be levied on items returned after 7 days of the goods
being delivered. Items built to order or customised in any way may not be returnable and if we do accept returns there will be
a restocking fee of at least 25%. If any returned goods are not received in their original condition or are missing any packaging, manuals or
accessories no refund will be issued, you will be informed by email and will be required to have the goods collected at your own expense.
Card processing fees are non-refundable and depending on the type of payment card used, may be up to 3.5% of the order value for UK cards
and 5% or higher for non-UK cards. As from March 2020, this also applies to PayPal fees which PayPal no longer refund.
Liability:
Except as may be implied by law and except in the case of death or personal injury where the Customer is dealing
as a consumer, in the event of any breach of these Terms and Conditions by us the remedies to you shall be limited
to damages which shall in no circumstances exceed the price of the Goods and we shall under no circumstances be
liable for any indirect, incidental or consequential damages.
Force Majeure
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or
making delivery of any Goods by any reason or cause beyond our control.
No Waiver
Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed
to be a waiver of our rights or remedies in respect of any present or future default of the Customer in
performance or compliance with any of these Terms and Conditions.
Severability
In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or
unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and
Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms and Condition shall be construed in accordance with English Law.
Formula Sound Direct is a trading name of Clive Tutton Ltd a company registered in England No. 1303648.
VAT Registraton No. GB 108 9164 63
Registered Office: 209 Great Preston Road, Ryde, PO33 1AY
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