Dukebox Terms & Conditions of Sale
The cash-back scheme has been suspended. It was hampering our ability to provide the best deal to our customers as it encouraged us to delay our price drops. All customers who ordered goods on or before 05-11-02 are still covered by the price policy/ price promise as they were when they placed their order.
Each and every attempt to purchase goods through this site is processed manually. That way we hope to be able to catch all attempts at fraud. Every attempt will be reported to the police along with all information that we have associated with that attempt, including details of delivery address; the IP address of the computer the fraud was committed on (quicker than tracing a telephone call).
You make our life easiest and arouse our suspicion least by having the name and address for delivery (the shipping address) matching exactly the name and address on the card (the billing address)- and please MAKE SURE THE ADDRESSES ARE CORRECT. The billing address is the address that your payment card bills are sent to.
In order to verify transactions we may contact the card holders.
Governing law and contract formation
'You', or 'the customer' refers to any party that buys from the web site www.dukebox.com, or a 3rd party site.
www.dukebox.com (dukebox; dukebox.com; DUKEBOX) may referrer to the web site www.dukebox.com, its parent company or any of the company's workers, directors, agents or partners (etc., but not independent 3rd parties) depending on context.
'Goods', 'jukebox', 'Jukebox', 'Jukeboxes', 'product' or 'items' refer to anything bought from Dukebox.
No contract will exist between you and Dukebox.com for the sale by DUKEBOX to you of any product unless and until Dukebox.com sends you an e-mail confirming that the sale is agreed.
That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Dukebox.com sends the e-mail to you (whether or not you receive that e-mail).
For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Dukebox.com irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Dukebox.com will return any and all partial and incomplete payments if it becomes apparent that the customer has no intention of paying in full. The maximum amount returned to the customer will equal the amount received only. No interest will be paid to the customer for money held on account. Dukebox.com reserves the right to charge an administration fee if partial funds have to be returned.
Delivery or fulfillment
How long it takes for the goods to be delivered depends on many factors. One of the most important factors is how long it takes us to perform the Security Checks on the card (debit or credit) used to make the purchase. Immediate clearance is normally given when these criteria are met:
Security Code matches;
Billing Address matches
More information can be found on the Security Code and the Billing Address on the form that they are asked for. Please look out for them and make sure you take great care when filling them in.
Delivering to an address other than the Billing Address is not a problem, but we do need the Billing Address as a security check.
Under ideal conditions it is possible for us to take an order before 15:30 on one day and have the goods delivered before 12:30 the next. Delivery or fulfillment of the sale normally occurs within a week, but it may take more than 30 days, especially in the following areas: Highlands and Islands of Scotland, the Channel Islands or similar destinations.
Where bad weather conditions or other unavoidable impediment prevents delivery, we ask our customer's indulgence and patience. A lot of companies simply will not even attempt to deliver to some of the places we do.
If a customer wishes to purchase goods from dukebox across any International boundaries (i.e. outside of Great Britain, Northern Ireland or the crown dependencies), they do so at their own expense and risk (if we agree to the sale). Imported goods may incur customs and excise duties, VAT or variety or combination of other sales or importation taxes. The customer is liable for paying all such taxes and any additional transportation costs as they are not included in the purchase price.
Some products may be shipped without some portions of shop display packaging, such as the display box. This is to save money on P&P to ensure that our price is a low as possible. No component (such as connector cables) or support product (such as user manual) of the Jukebox will be missing from our delivery.
The customer hereby indemnifies and holds blameless Dukebox for any loss of data, music, time, money or similar experienced because of any items purchased from or through dukebox.com.
In no event and under no circumstances shall dukebox.com's total liability for damages, losses, injuries (etc.) or any other form of claim against dukebox, exceed the original contractual consideration of the sale.
Dukebox may arrange for a third party to deliver the goods directly to the customer. In these cases the 3rd Party may contact the customer in order to confirm important details such as the address. Under no circumstances would such a 3rd party have access to any of the customer's payment details, such as Debit Card number. The staff at dukebox.com never get to see that information as all Payment Processing is handled by WorldPay, so it couldn't even happen by accident.
Under some circumstances, e.g. when a competitor has a better price than we have for a given item, we may direct your order to a third party site.E.g. If our best price for Jukebox A is £200 and a 3rd party associate competitor sell Jukebox A for £195, our database of prices will reflect the price of £195. When you execute an 'Add to Cart' action by clicking "Yes, I want to Buy one", or other add to cart action the goods would be added to a 3rd party retailer's cart, not a dukebox.com cart. Complete the purchase through the 3rd party's site. In these cases the sale is between you and the 3rd party.
We insist on offering our customers a good deal, and if someone else is offering a better deal why should you miss out? You shouldn't. With this system everyone gets the best deal available.
Combo Sales and 3rd parties:
A combo deal is where 2 or more goods are purchased together for a special rate or discount.
Combo sales are advertised for sales of goods bought from dukebox.com only. Sales via 3rd party sites may have their own combo deals, but dukebox.com combo deals do not apply in these cases:
Combinations of goods that would normally qualify for a combo deal where one or more of the items was actually purchased from a 3rd party retailer instead of dukebox.com.
If you have not bought the entire combination from us, you do not get our Combo deal.
There are other rights that you have as dukebox.com customer that you should be aware of. Please have a look at the Office of Fair Trading web site that has full details of your rights as an online shopper.
Here at dukebox.com we are very keen on consumerism. That's why our prices are low; our pricing is transparent (the price you see is the price you pay); it's why we deliver to places that most 'mainland UK' consumer electronics companies don't, and it's why we are stuffing all this information about your rights into our site. Plenty of online retailers openly flout the law, especially the Distance Selling Regulations on the grounds that not many consumers know of them and there are specific legal definitions that have been left 'gray' or indefinite within those laws. Until such time as a court forces big companies to comply with both the spirit and the letter of the law, they will put consumer's interests second to squeezing maximum profit.
If you're considering purchasing your goods from one of our competitors we strongly encourage you to read and ask for clarification of their stance on how these laws would apply to your purchase
In order to make things straightforward here are a basic list of your rights and how we hope to satisfy our customers.
Right of cancellation:
There is a 7 day cooling off period after you have received the goods during which you have the right of cancellation for most products you can buy online. There has been some confusion and much discussion over this, but it appears that most Jukeboxes do benefit from this right of cancellation. All jukeboxes for sale on Dukebox.com are covered by this consumer right.
You also have the right to cancel within a further 3 months if you were not given all the necessary written information.
In this case: description; price; terms, and manual documentation.
Description is on the site and in the order. Price is on site and in the order. Terms are on site and in the order confirmation. The manual is delivered along with the goods.
These new rights do carry some new responsibilities:
If, after 14 days from the date of cancellation, the customer is unable to provide proof of return (in the form of a valid tracking number), dukebox reserve the right to arrange for collection of the goods. We will endeavour to have the goods returned to us before any refund is made.
Regulation 14(5) of the Distance Selling Regulations allows a sum to be deducted from the refund to cover the costs of recovering the goods. So, for example, if dukebox has to make arrangements for the return, such as hire a courier to collect the goods, the customer will be refunded the full amount paid, minus costs = any charges incurred and a small administration fee (1 - 3). This is not our preferred choice - our preferred choice is that a customer follows the steps in Returns and Refunds below as its easiest and cheapest for all concerned.
The Distance Selling Regulations do not apply to the Creative DAP range of Jukeboxes. They are sealed, and like sealed audio cassettes and software, are not subject to the DSR. In the spirit of fairness through consistency, however, we will offer the same 7 working day cancellation rights to customers that buy a Creative DAP Jukebox from dukebox.com, under certain conditions (e.g. if the cancellation is within 7 days of receipt of the Jukebox).
It is important that you are clear about what you should do given your individual circumstances. If you wish to cancel your purchase but you are in doubt about whether you can, or what you should do, ask us and we will tell you what we need to be satisfied. See below for more.
In certain cases you may wish to make a return. In any and all events
and circumstances the customer agrees to make all the necessary
arrangements and bare all costs of returning the goods.
Any return that has to be made must be completed before any refund will be cleared. See below for yet more.
Returns and refunds
IF there is a problem, please try and sort it out using our support section links to the relevant manufacturer's site, or the user manual first.
We perform basic working tests and damage inspection before dispatch. If you notice that your goods are damaged on receipt, or if you have never received the goods because they were lost, we will need to make a claim from our logistics partners.
Please click here if the goods show up damaged or get lost en route.
Dukebox does not operate a distribution or collection service of its own. The buyer hereby expressly accepts that any returns that are made to Dukebox must be arranged and paid for by the buyer and at their own expense. The buyer also accepts that returns must be made using Consignia's (Royal Mail's) Special Delivery Service (or equivalent system with a tracking number and insurance that we pre-approve) and that they must keep and maintain all records pertaining to their purchase and its return until DUKEBOX confirms receipt of return. Incidentally, the Special Delivery Service means that the goods will be insured and that you will be able to independently verify that we have received them.
We don't just need you to return the goods, we need to know the reason why you're returning the goods so that we can make things better in future AND we have to be aware that goods are being returned. PLEASE DO NOT RETURN GOODS WITHOUT CONTACTING US FIRST OR WE MAY REFUSE TO ACCEPT THEM. (This is because if we do not know to expect them, we will not have a record of their return. Unrecorded, easily portable, expensive consumer electronics have habit of disappearing.)
Here are the steps we ask all customers to follow when making a return:
Click here to go to the returns section to let us know.
Our preferred choice for all communications is e-mail. This prevents us from wasting time by playing phone tennis (leaving answer machine messages that the customer has to respond to, but by then we're on another call, so they have to leave a message.. Etc. this has gone on for days in the past). With e-mail there is a full written record of all discourse so the likelihood of misinterpretation or having a different recollection of what exact conclusions were reached is lessened. The customer hereby agrees that e-mail is sufficient for all communication purposes.
At the discretion of Dukebox, in the event that any part of this agreement is rendered null and void, for any reason, only that particular component is void. The remaining terms and conditions may still be applicable.
Dukebox also reserve the right to amend the Terms and Conditions. The most up to date version of, or amendments to, Terms and Conditions will appear, from time to time, on the web site www.dukebox.com or in communications (such as e-mail) and customers are advised to inform themselves of the contents of the latest version.
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