Terms and Conditions of Website Purchases
1. Introduction
This Website only applies in respect of purchases made in the course of a business. By placing an Order on this Website you confirm you are purchasing in the course of a business and not as a consumer.
This process for on-line sales has been launched on a pilot basis aimed at business customers in the UK, but this does not exclude residents of other EU countries purchasing from the Website provided that they accept all the terms and conditions of site usage and purchase.
By placing an order for Products, you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon Sony giving notice of its formal acceptance of an order.
2. Parties and Definitions
Sony Europe B.V. (“Sony”) is the seller of Products
Sony Europe B.V. is incorporated in the Netherlands no. 71682147 and registered in England and Wales with company number FC035527, with its registered office at The Heights, Brooklands, Weybridge, Surrey, KT13 0XW, United Kingdom.
In these terms and conditions:
Sony Europe Limited is referred to as “Sony”, “we” or “us”
“Customer” or “you” refers to the entity who orders Products via this Website, and whose order for Products is accepted by Sony
“Contract” is the contract containing these terms and conditions, formed by Sony’s acceptance of your order
“Order Acknowledgement” is Sony’s acknowledgement of receipt of your order, by e- mail, this does not constitute acceptance of your order
“Products” are the products listed as items for sale on Sony website at pro.sony
“Product Terms” are the terms and conditions issued by Sony in respect of the Products purchased via this Website where such Products are a service provided subject to terms and conditions of operation (for example, but not limited to, the Standard Terms and Conditions for the Provision of Prime Support and the Virtual Production Service Terms and Conditions of Use)
“Website” is pro.sony
“Website Purchase Terms” are these terms and conditions for website purchases
3. General – Application of Terms and Conditions
Your purchase of Products through this Website, is subject to these Website Purchase Terms and any applicable Product Terms, no other terms or conditions shall apply.
4. Placing Your Order – Order Acknowledgement and Acceptance
Information contained in our advertising, brochures, other written materials, on the Website or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
By placing an Order, you make an offer to us to purchase the Products you have selected on these Website Purchase Terms and any applicable Product Terms. You should ensure that the information you submit in your Order is accurate and complete. Sony may in its sole discretion accept or reject Orders, or advise you of its inability to process Orders.
When you place your Order, Sony will send you an Order Acknowledgement by e-mail. Such Order Acknowledgement may be automatically generated and shall not constitute an acceptance of the Order.
Any Contract is dependent and conditional upon Sony’s verification of availability and confirmation of both your Order and your credit card or other payment details.
If we accept your Order, we will notify you of our acceptance by issuing an email confirming that your purchase has been completed. If we cannot accept your Order we will contact you by email.
5. Product Information and Offers
Sony continually updates and revises Products. Sony may update, revise and/or discontinue Products at any time. Sony may revise prices for Products listed as available items on the Website at any time. A price remains valid only for the duration of the day on which Customer visits the page of the Website displaying that price or the day on which Customer is otherwise informed of the price by Sony
Although care is taken to ensure the accuracy of the information on the Website, it could include inaccuracies or typographical errors, including pricing errors. Sony shall not be obliged to honour, nor be liable in respect of, such errors, except for errors concerning characteristics and nature of the Product (i.e. incorrect product specification) in which case at our discretion, we may offer you Products which fulfil or are close to the initially described Product specification (if any).
Offers and promotions made available on this Website shall be entirely at Sony’s discretion.
6. Price
The prices of Products are those which apply at the time of Customer’s Order.
If we discover an error in the price of Products ordered , we will inform you as soon as possible. The Order will be cancelled and you will receive a full refund. You will then have the option of placing a new Order at the correct price
In the event that the relevant Product is sold on a subscription basis the prices will be those published by Sony from time to time and referenced within the Product Terms.
7. Payment
Sony accepts payment by approved debit or credit card.
Customer must provide a valid card number and other requested details in the relevant purchase “check-out” section of the Website when Customer orders Products. Sony will take payment in full within 48 hours of receipt of your Order.
In the event that the relevant Product is sold on a subscription basis the payment terms will be as referenced within the Product Terms. The Product Terms may include provisions which allow Sony to debit regular payments from the Customer’s card or apply excess usage charges.
8. Account Information and Passwords
You are solely responsible for providing true, accurate, current and complete information as prompted on the Website.
You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via the Website. Sony shall not be liable for any unauthorized use of passwords.
9. Liability Limitation
These Website Purchase Terms and any applicable Product Terms set out the full extent of Sony’s obligations and liabilities in respect of the supply of, or failure to supply, Products. Sony are not liable to you (or any other parties):
- for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use;
- inability to order Products via the Website;
- damages which occur due to unauthorized access by a third party to your Order account.
10. Data Protection and Privacy
By submitting Orders you consent to the processing of personal data, such as name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms notified in the Sony “Privacy Policy” section of the Sony website.
11. Changes to Website Purchase Terms and Websites
Sony may amend these Website Purchase Terms without notice. Sony may provide notices of changes to the Website, the Website Purchase Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the Website. However, Contracts concluded on the basis of previous terms and conditions remain unaffected and Website Purchase Terms, including Product prices are such which apply at the time of Customer’s Order placement.
Sony may make improvements and/or changes in Products and other details described on the Website at any time.
12. Governing Law, Jurisdiction
The sale of Products and these Website Purchase Terms shall be governed by and construed under the laws of England and Wales. For all disputes, Customers submit to the exclusive jurisdiction of the Courts of England and Wales
13. Other – General
No omission or delay on the part of any party to insist on strict performance of any Website Purchase Terms, or in exercising any right, power or remedy under these Website Purchase Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Website Purchase Terms shall be a waiver of any subsequent breach of that or any other Website Purchase Term.
We will make every effort to perform our obligations under these Website Purchase Terms. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control such as strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, we will perform our obligations as soon as reasonably possible.
If all or any part of one or more of these Website Purchase Terms is or becomes illegal, invalid, unenforceable, such provision or part shall, to that extent, be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Website Purchase Terms or the remaining parts of the relevant Website Purchase Term shall not in any way be affected or impaired thereby.