Green Monkey AV - Terms & Conditions of Sale

Overview

This website is operated by Green Monkey AV Ltd (GMAV). Throughout the site, the terms “we”, “us” and “our” refer to GMAV. GMAV offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

All Green Monkey quotations are made, and all orders are accepted, subject to the following terms and conditions. A customer desiring any reasonable amendment of those terms should communicate with us before forwarding an acceptance. No amendment of these terms shall be valid unless made in writing and signed by GMAV.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

All specifications, drawings, illustrations, particulars of weight and dimensions issued by GMAV are approximate only and do not form part of any terms, conditions or warranties of any contract entered into by GMAV.

GMAV may vary such specifications, drawings, illustrations, particulars of weight and dimensions at any time and for whatever reason, without having to give a reason or explanation and will not accept any subsequent liability as a result.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

All quotations made are applicable only to the quantities specified and are valid for 30 days from the date of quotation.
GMAV reserves the right to increase its price to take account of variations in labour, material or other costs between the date of quotation and the last date of delivery of the goods.

Catalogues, brochures and price lists and all other advertising matter are only an indication of the type of goods offered by GMAV and they shall not constitute a sale by description. All prices therein are intended to be correct at the date of publication but are subject to increase, alteration or withdrawal without notice. Our website displays pricing including UK VAT which is effective at current rates and subject to change by the government. The company reserves the right to pass on to the customer any VAT increase.

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Free Gifts and Promotions are subject to availability and management reserves the right to withdraw the offer at any time without prior notification.

Section 5 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 - Orders

Verbal orders must be confirmed in writing within 24 hours.
If the Customer cancels any order before its completion he shall immediately thereupon become liable to pay to GMAV a sum equal to the cost of the labour, materials and overheads expended in the execution of the said order up to and including the date of the receipt of such cancellation plus the amount of the profit which the Company would have made but for such cancellation.
All orders placed either online or via phone, email or fax will be subject to a final acceptance by GMAV.

Section 8 - Payment

Where credit terms have not been agreed, payment should be made in full with order or, where appropriate, immediately prior to dispatch of the goods.
Unless otherwise agreed in writing credit terms are strictly net 30 days from date of invoice.
All payments should be made in the currency stated on the invoice in accordance with our agreed terms.
If in default, GMAV reserves the right to charge interest on unpaid invoices at the base rate of the Bank of England plus 2½% accruing on a daily basis starting day 31 from date of invoice until full settlement.
Overdue accounts will be passed onto our third-party debt collection agency after two written requests for payment.
Where payment is not normally to be made until after delivery and the latter is delayed by the Customer's inability or unwillingness to accept such delivery at the time the goods are ready for dispatch, the Company reserves the right to demand immediate payment in full after giving notice of its readiness to deliver the goods and to charge the Customer any storage expenses it may have to incur, all such storage being entirely at the Customer's risk.
The Company reserves the right to withhold dispatch of orders if the account is in arrears.

Section 9 - Ownership of Goods/Retention of Title

Goods shall remain the property of GMAV until payment in full has been received.
Until title to the goods passes to the Customer he shall hold the goods for the Company and shall store the goods in such a manner as they are readily identifiable as the property of GMAV.
Should payment of the amount owing under Contract not be made when due, Green Monkey AV Ltd reserves the right to remove and repossess the goods (and for that purpose shall be entitled to enter upon premises occupied by the buyer) in addition to exercising such other rights or remedies as may be conferred by law.

Section 10 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 11 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 12 - Users comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 13 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

Section 14 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 15 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses./p>

Section 16 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Any dates and times quoted for delivery are to be treated as an estimate and GMAV shall not be liable whatsoever for failure to deliver by such date or time.

The risk in the goods shall pass to the Customer on delivery to the Customer's premises or to any person or party authorised by the Customer to receive goods.
The company will take all reasonable steps to deliver the goods within the stated period but shall not incur any liability whatsoever due to any consequences of failed or delayed delivery or carrier damage. GMAV does not guarantee to get delivery on-site to meet installers and will accept no liabilities arising from delayed delivery or product damage consequently delaying installation.
We shall not be responsible for loss arising from causes beyond our control. These include Acts of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, controls, restrictions or prohibitions of Government or other competent authority, fire, flood, sabotage or non-availability of materials.
Goods will be dispatched by the most convenient means unless otherwise agreed in writing. All deliveries are ground floor only as couriers are not insured to deliver above ground floor level.
Please note; In the event that payment has not been made in accordance with the agreed payment terms or if orders exceed our recommended credit limits then delivery may be delayed.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

GMAV shall not be under any liability to the Customer or to any third party in respect of defects in goods delivered whether patent or latent or for any injury, damage or loss resulting directly or indirectly from such defects howsoever caused. This provision does not affect any warranties or conditions implied by statute nor does it otherwise affect your statutory rights.
Without prejudice to the foregoing GMAV reserves the right at its sole discretion to make replacement of goods or parts in respect of any complaint in writing relating to alleged defects received by GMAV within one month of the date of delivery. The date of delivery for the purpose of this clause shall be the date of delivery to a carrier by GMAV.
All products other than consumables are guaranteed against faulty workmanship for a minimum of 12 months from the date of purchase, longer where stated on the website and in the Audio Visual catalogue. The product warranty offered, unless otherwise stated, is a return to base manufacturer's warranty. If goods do not conform to the stated warranty GMAV will, at its option:
• Take such steps as GMAV deems necessary to bring goods into a state where they are free from such defects.
• Replace goods not found to conform to the warranty.
• Take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price
• Products, up to 28 days from date of invoice, which are reported as faulty, will be replaced, and The Company will arrange collection.
• Products over 28 days from date of invoice may be returned to base by the customer, for inspection/repair, prior to a replacement product being dispatched.
• Returns will be examined by an engineer and providing the fault is deemed to be a manufacturing fault not user misuse, the fault reported will be repaired under warranty and sent back to you at our cost.
• Should the fault found be due to user misuse the repair may be chargeable.
• Please also note products must have sufficient packaging and be extremely well protected when being transported back to us as we will not cover any damaged due to inadequate packaging.

Before using any of our products, the customer shall determine the suitability of the product for its intended use, and the customer assumes all risks and liability whatsoever in connection herewith.

Green Monkey AV Ltd shall not be liable either in tort or in contract for any penalty, loss, injury, damage or expense - direct, incidental or consequential, arising out of the use of, or the inability to use, any delay, or failure in delivery, or performance from any cause at all, nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.

In no case shall GMAV, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 17 - Indemnification

You agree to indemnify, defend and hold harmless GMAV and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 18 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 20 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom. The Laws of England shall govern the validity, construction and performance of the Contract and these Conditions and each of the parties hereby agree to submit to the jurisdiction of the English Courts.
These conditions shall supersede all earlier conditions of GMAV and shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a Director of the Company.

Section 22 - Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 23 - Contact Information

Questions about the Terms of Service should be sent to us at info@gmav.co.uk.