1. TERMS OF ACCESS AND USE

This website is offered to you by alpha-beat Limited on the condition that you accept these terms without modification.  By accessing and using this website, you acknowledge that you agree to be bound by the terms and conditions set out below.  If you do not wish to be bound by these terms and conditions you should not access or use this website.

These terms and conditions may be updated by alpha-beat Limited in its absolute discretion from time to time without notice to you.

INTELLECTUAL PROPERTY RIGHTS

This website, and all the information and graphic representations or images on it, is owned by, or licensed or authorised to, alpha-beat Limited.  The copyright and all other intellectual property rights in the text, artwork, graphics or images on the website are the sole and exclusive property of alpha-beat Limited or its licensors.

You are permitted to view this website on your computer screen and print its contents on your printer without charge for your personal and non-commercial use only.  Without the prior written consent of alpha-beat Limited no part of this website (or its source code) may be used, transferred, copied or reproduced in whole or in part in any form or by any means, electronic, mechanical or otherwise, including electronic reproduction by uploading or downloading other than for the sole purpose of viewing its content.

 [LINKS TO THIRD PARTY SITES

This website contains links to websites operated by parties other than [   ] (“Third Party Websites”). These links are provided for your convenience only. When you activate one of them, you will leave [     ]’s website. [    ] has no control over and will accept no responsibility or liability in respect of material on any website that is not under the control of [      ]. The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.

You will not arrange for any Third Party Website to be connected to any part of this website by way of hyperlink or otherwise without the prior written consent of [     ].]

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to alpha-beat Limited that you will not use this website for any purpose that is unlawful or prohibited by these terms.

SOFTWARE AVAILABLE ON THIS WEB SITE

Any software ("Software") that is made available to download from this website is protected by copyright owned by its owner or owners. Your use of the Software is governed by the terms of any end-user licence ("Licence Agreement") that accompanies the Software. You may not install or use any Software that is accompanied by a Licence Agreement unless you first agree to the terms of the Licence Agreement. 

LIABILITY DISCLAIMER

You agree that you use this website entirely at your own risk.

This website contains general information only and does not constitute advice on any specific matter. In preparing this website, alpha-beat Limited has endeavoured to offer current, correct and clearly expressed information.  However, alpha-beat Limited cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.

alpha-beat Limited makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information, software, products, services or related graphics contained on this website for any purpose. alpha-beat Limited expressly disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.

This website may contain advertisements.  Alpha-beat limited is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.

alpha-beat Limited shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if alpha-beat Limited has been advised of the possibility of damages. 

If you are dissatisfied with any portion of this website, or with any of these terms of use, your sole remedy except as specifically provided in these terms is to discontinue using this website.

Notwithstanding anything in these terms alpha-beat Limited does not disclaim liability for death or injury caused by its own negligence.

GENERAL

alpha-beat Limited makes no representation that any service or product referred to in the material on this website is appropriate for use, or available, in any locations.  Those who choose to access this website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

These terms and conditions are governed by and construed in accordance with English law.  If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

COPYRIGHT AND TRADE MARK NOTICES:

All contents of this website are: Copyright 2002 alpha-beat Limited.  All rights reserved.

2. TERMS AND CONDITIONS FOR SALE

BINDING AGREEMENT

These terms and conditions of sale (“Sale Terms”) constitute a binding agreement between alpha-beat (referred to in these Sale Terms variously as “We”, “alpha-beat”, “Us”, “Our”) and its customers (referred to in these Sale Terms as “You”) which applies to all purchases of items by You from the alpha-beat.com website. 

You agree not to change these Sale Terms from the form presented by Us.  All other terms and conditions including those in any order submitted by You are expressly excluded and shall have no effect.  All communications made thus far by Us shall be construed as invitations to treat.  For larger orders (such designation to be determined by Us) We may notify You orally of alternate delivery terms and any such terms so notified by Us shall constitute part of these Sale Terms.

By submitting an order You make an offer of contract which is not binding until accepted by Us either by sending You an email which is received by You or the despatching by Us or our supplier of the goods to You with a despatch note issued to You by Us.  Receipt by Us of an order via the alpha-beat.com website by Us does not constitute acceptance of an order. We reserve the right to refuse your offer for any reason. 

Our employees, agents or representatives are not authorised to make any representations concerning the goods supplied under these Sale Terms, unless such representations are confirmed in writing by an authorised representative of alpha-beat.

Any errors or omissions in any catalogue, sales literature, price list, despatch note, invoice or other documentation or any information issued by Us from time to time shall be subject to correction without liability on Our part.  You will be responsible for ensuring the accuracy of any order submitted by You, and for the giving of such information as is necessary relating to the Sale Terms and delivery (as the case may be) to enable us to deliver the goods to the delivery address notified by You.  When writing to Us You will use your account number and purchase order number. 

PRICES AND PAYMENT

All prices stated in any of Our web pages may be altered by Us at any time without notice to You. The prices stated within the alpha-beat.com website shall be the current prices for the items concerned unless changed by Us in accordance with these Sale Terms. 

Prices for goods under these Sale Terms shall either be the price payable for such items at the time We accept your order in accordance with these Sale Terms or where applicable, at the time when your payment is cleared, subject to Our reserving the right (by giving notice in writing to You at any time before delivery) to increase the price of the applicable goods to reflect any increase in the cost of the goods to Us which is due to any matters beyond our reasonable control including without limitation any increase in carriage related costs or any other applicable duties or taxes. 

Our prices stated on Our website will (unless amended under these Sale Terms) apply as at the time You place an order and such prices include VAT.  Most items are priced to include delivery charges within the UK.  Where a price does not include the delivery charge the delivery charge that is applicable will be expressly made clear to You before You make a purchasing decision.

You are required to pay in full the price charged for your goods when making your order.  It is the policy of alpha-beat to despatch the goods You have ordered and Our being satisfied that the payment(s) in question have cleared. 

You agree and acknowledge that the transmission of your credit card number or other data in relation to payment for the goods shall be at your entire risk.  alpha-beat under no circumstances bears any responsibility or liability in relation to failures in transmission of information, deletion, non-delivery or failure to store any communications by You. 

All import duties, levies, charges and local taxes payable as a result of international delivery shall be paid by you.

DELIVERY

We shall arrange delivery of the goods to the delivery address notified to Us by You.  We aim to deliver within [  ] days within the UK.  If your order is from outside the UK we will indicate the approximate time within which we intend to deliver on Our confirmation of acceptance of Your order.

We shall use all reasonable endeavours to deliver the goods to the address supplied by You at the time of ordering by any delivery date estimated by Us. For the avoidance of doubt You agree that the delivery date is not guaranteed or of the essence of the agreement between You and alpha-beat under these Sale Terms and We shall in no circumstances be liable to You for any loss, damages, expenses or charges incurred by You due to the late delivery of the goods. 

Goods delivered to You shall be deemed accepted by You and You shall inspect the goods immediately on delivery and in all cases shall inform Us in writing within 5 days of delivery of any damage, shortage, non-delivery or any other defect of or in relation to the goods. 

Where the goods are being purchased by a business for use in the business and delivered in instalments, each delivery shall constitute a separate contract and failure by Us to deliver one or more of the instalments in accordance with these Sale Terms or any claim by You in respect of any one or more instalments shall not entitle You to treat the agreement between Us as terminated. 

TITLE AND RISK

Title in the goods shall not pass to You until We have received in full all monies owed by You under this or any other agreement for the purchase of goods.  Risk of damage to or loss of the goods shall pass to You at the time of despatch by Us, or if You wrongly fail to take delivery of the goods, at the time when we have tendered delivery of the goods to You. 

CANCELLATION

If you are a consumer you have the right to cancel your order within seven working days from the day after receipt of the goods by you.  If you cancel your order within this period you are entitled to a full refund.  If you want to cancel your order pursuant to this right, please notify alpha-beat by [e-mail/telephone] as soon as possible.

RETURNS POLICY

You will be notified of the steps required to take to return goods to Us in the despatch confirmation sent to You with your goods.  If you have cancelled your order in accordance with these terms, all expenses of carriage reasonably involved in the return of the goods to Us will be paid by Us.

The risk in any goods that You return to Us shall remain with You until the goods have been delivered to our premises and accepted by Us at those premises. 

WARRANTIES AND LIMITATIONS OF LIABILITY

Our liability for breach of these Sale Terms or any other contractual provision or negligence except as otherwise provided in this Agreement shall be limited at Our sole discretion to the free replacement of faulty items or the issue of credit notes in respect thereof or the granting of a refund that shall relate only to the actual items concerned providing that You have not made any modifications to them. 

In cases where any of the goods are covered by a manufacturer’s warranty, You shall be responsible for contacting and returning any registration or warranty cards to the manufacturer in question and for the avoidance of doubt We shall not be held responsible for any acts of the manufacturer or its agents including without limitation any failure by the manufacturer to repair or replace any of the goods in question which are the subject of the manufacturer’s warranty. 

Subject as expressly provided for in these Sale Terms and except in cases where the goods are sold to a person buying as a consumer (as that term is defined in the Unfair Contract Terms Act 1997) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Except in respect of death or personal injury caused by Our negligence we shall not be liable to You by any reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of these Sale Terms for any indirect, incidental or consequential loss or damages arising out of any services performed for You or any goods sold under these Sale Terms even if We have been advised of the possibility of such loss or damages.  Except for cases of personal injury or death arising from Our negligence, Our liability to You for actual damages regardless of the form of action, will be strictly limited to the price of the goods sold. 

INDEMNITY

You agree to indemnify Us against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by You of any terms of these Sale Terms. 

FORCE MAJEURE

We shall not be liable to You or be deemed to be in breach of these Sale Terms by reason of any delay in performing or any failure to perform any of Our obligations in relation to the goods, where the delay or failure was due to any cause beyond Our reasonable control. 

IMPORT LICENCES

You shall be responsible for obtaining all licences for import of the goods and for obtaining any other licences required for the delivery or sale of the goods in the country of destination. 

GENERAL

No waiver by Us of any breach of these Sale Terms by You shall be considered as a waiver of any subsequent breach of any provisions of these Sale Terms.

If any provision of these Sale Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Sale Terms and the remainder of the provision in question shall not be affected. 

These terms and conditions constitute the entire agreement relating to the sale of goods from alpha-beat.com and shall override and supersede all other representations and arrangements, whether written or oral. 

All notices served under these Sale Terms shall be in writing and shall be sent to the address set out in Our despatch note, or to any other address in the United Kingdom notified for that purpose, and all notices sent by first class letter post or by fax transmission shall be deemed to have been served immediately if they were sent by fax and on the second working day after posting if served by first class post.

These Sale Terms shall be governed by and construed in accordance with the laws of England and subject to the non-exclusive jurisdiction of the English courts.

alpha-beat Limited, company number 4420217, registered office at 110 Tonbridge Road, Hildenborough, Kent TN11 9EJ.