Conditions of Sale
1.1 Goods - Means all goods and services which the Customer agrees to buy from Ad-pods including replacements for defective goods.
1.2 Contract - Means the Contract between Ad-pods and the Customer for the sale of Goods by Ad-pods to the Customer.
1.3 Ad-pods means the bluetooth marketing company
1.4 Customer - Means the person or any company that purchases or agrees to purchase Goods.
1.5 Literature - Means any published promotional material produced by Ad-pods.
2.1 Orders for goods are accepted by Ad-pods subject to these conditions of sale.
2.2 All descriptions and illustrations contained in Literature or any price list or otherwise communicated to the Customer are intended merely to present a general idea of the Goods and nothing contained in any of them shall form any part of the Contract.
2.3 Any Literature published by Ad-pods is an invitation to treat and not an offer to supply.
3.1 All prices for the Goods are in pounds Sterling at the relevant rate ruling on the date of despatch.
3.2 Whilst every endeavour will be made to maintain the prices in the Literature Ad-pods reserves the right to alter prices at any time without prior notice.
4.1 Credit cards are charged when Goods are processed for order.
4.2 In the event of the Customer cancelling an order Ad-pods reserves the right to charge the Customer for any costs accrued up to the time of cancellation.
4.3 Ad-pods reserves the right not to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Ad-pods may decline to accept the order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by e-mail, facsimile or telephone within 24 hours (excluding weekends or bank holidays) of receipt by Ad-pods of an order. In the event that Ad-pods declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
5.1 Payment shall be made by the Customer for all monies owed to Ad-pods in respect of orders for Goods.
5.2 Payment shall be made on order and all major credit and debit cards (Maestro, Mastercard, Visa, and Solo).
6.1 Delivery for orders will be on a timescale of 7-21 days depending on stock availability for most orders. Large orders may have a 10 week wait if the product needs to be manufactured in volume. In some cases we will dispatch the order in 2 shipments if for example not all accessories are in stock these will be shipped at a later date.
6.2 Orders received after midday on Friday are delivered the following Monday (excluding Bank Holidays).
7.0 Inspection, Transit Delays and Non-Delivery
7.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 7 working days of such despatch give written notice to Ad-pods Customer Services of any defect in the Goods or of any other complaint which the Customer may wish to make about Ad-pods service.
7.2 Queries to be made within 5 working days
7.3 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly.
7.4 Should the Customer decide to accept delivery in a damaged condition they must endorse the carrier's delivery documentation.
7.5 In no circumstances shall Ad-pods be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any loss consequential or otherwise arising from non-delivery or late delivery. Should damage in delivery occur all deliveries are insured for loss and damage and the postal courier will compensate the loss / damage.
8.1 Ad-pods will not accept returns unless prior authorisation has been approved and a returns number issued. Ad-pods reserve the right to not issue a returns authorisation if the circumstances of return are deemed by Ad-pods to be unreasonable. The Ad-pod is not a try before you buy product and we do not issue refunds based on a change of mind or limited use by the end user. Ad-pods are shipped preloaded with your advert campaign running and the pod has been thoroughly tested and is ready to use from the point of delivery. Should the software be incompatible with a PC operating system this does not constitute grounds for a returns authorization number to be issued. In circumstance where a customers PC is incompatible with the Ad-pods updater it is the customers responsibility to use a compatible PC, if this is not possible Ad-pods will send out pre-configured zip files which allow the customer to udate the ad-pod using a memory stick. As Ad-pods are sold with a 1 year return to base warranty in the event of a hardware fault the unit will be repaired or replaced so long as there is no physical damage to the unit that was done while in the customers care that would nullify the 1 year warranty. To obtain authorisation for return please call 01803 226112. All returns must be processed within 7 days of delivery.
8.2 Goods must be returned to Ad-pods in their original condition, along with the relevant despatch note and returns number in order for the Customer to be eligible for any refund. The Customer must bear all the costs of returning any Goods to Ad-pods.
8.3 Any Returned goods that have had a campaign created by Ad-pods are subject to a £295+Vat design fee, return fees and charges for any non-standard design programming or customisation, which will be debited from the money refunded to the customer.
9.0 General Descriptive Matter
9.1 Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in the Literature or any price list or advertising material or otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the Contract.
9.2 Ad-pods reserves the right without prior notice to discontinue any Goods or to make changes as part of a continuous programme of improvement.
10.0 Product Performance and usuage Rights
10.1 The responsibility for ensuring that Goods are sufficient and suitable for the Customer's requirements is that of the Customer save insofar as Ad-pods has specifically advised the Customer in writing on Ad-pods headed documentation that the Goods are sufficient and suitable for the Customer's purposes having been fully and accurately advised by the Customer of their requirements. As we set up the customers advert before delivery this is highly unlikely to occur because full length communications happen with every customer and the Ad-pod is delivered tested and ready to use by simply connecting a power supply.
10.2 The Ad-pods are licensed for personal and business use for the purchasing business. We do not license the Ad-pods for use in an advertising network promoting other non disclosed businesses without prior authorisation from Ad-pods. In most cases the Ad-pod will need to be registered as part of our global advert network giving us the rights to advertise on the unit. There may be monthly license fees applicable for running an advertising network using Ad-pods technology.
11.1 Ad-pods owns full copyright in respect of any Literature whether published in paper or electronic form such as CD-ROM or through the Internet.
11.2 Ad-pods reserve the right to display any adverts made by Ad-pods for clients on any of Ad-pods websites for the purpose of promotion and informing the public about Ad-pods clients. This can be directly sold to clients or clients using Ad-pods via resellers, affiliates or customers buying from Ad-pods with the intent to supply their clients. We also reserve the right to talk about the application and use of the Ad-pods by the end users.
12.0 Limitation of Liability
12.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer's application.
12.2 Ad-pods accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Ad-pods negligence or that of its employees, agents or sub-contractors.
12.3 Ad-pods shall not be liable to the Customer for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Ad-pods, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.
12.4 The entire liability of Ad-pods under or in connection with the Contract with the Customer shall not exceed the price of the Goods.
13.0 Force Majeure
13.1 Ad-pods shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any of Ad-pods obligations in relation to Goods, provided that the delay or failure was due to any cause beyond Ad-pods reasonable control.
Conditions of Sale