Red Berry Radio Ltd – Terms and Conditions of Sale
These Terms and Conditions (“Agreement”) govern your access to and use of the Red Berry Radio website redberryradio.com, including any content, functionality, and services offered on or through Red Berry Radio (the “Website”), whether as a guest or a registered user.
Please read the Agreement carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Website.
1. Overview
Identification of Parties: Clearly state who “we,” “us,” and “our” refer to Red Berry Radio, a Limited Company, at registered address: T8-9 Brooke’s Mill, Armitage Bridge, Huddersfield, HD4 7NR and who “you” or “the customer” refers to.
Acceptance of Terms: Reiterate that by using the site or making a purchase, the user agrees to these terms.
2. Online Store Terms
Age Restriction: State if there are any age restrictions for purchasing products (e.g. “By agreeing to these Terms and Conditions, 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.”).
Prohibited Uses: Outline what users are forbidden from doing (e.g. illegal purposes, violating intellectual property, transmitting viruses, harassment, spamming, etc.).
3. Products or Services
Product Descriptions: State that efforts are made to display products accurately (colors, images, dimensions) but cannot guarantee monitor accuracy.
Availability: Reserve the right to limit sales, quantities, or discontinue any product at any time without notice.
Pricing: State that prices are subject to change without notice and that you are not liable for any price changes.
Order Acceptance: Reserve the right to refuse or cancel any order for any reason (e.g. product unavailability, errors in pricing/description, suspicion of fraud).
Returns, Refunds, and Exchanges: Crucially, link to or detail your separate Returns and Refund Policy. This policy should cover:
– Eligibility for returns (timeframe, condition of item).
– Return process (RMA, shipping instructions).
– Refund method and timeline.
– Exchanges.
– Non-returnable items (e.g., personalized items, digital goods).
– Conditions for free returns (if applicable).
Warranties:
Disclaimer of Implied Warranties: This is very important. You should explicitly state that products are sold “as is” and disclaim any implied warranties (e.g. merchantability, fitness for a particular purpose) to the fullest extent permitted by law. This often requires specific legal phrasing and conspicuous display (e.g. all caps).
Manufacturer Warranties: If products come with manufacturer warranties, clarify that those are provided by the manufacturer, not your store.
4. Payments and Billing
Accepted Payment Methods: List the payment methods you accept.
Payment Processing: Explain how payments are processed.
Accuracy of Billing Information: Customers are responsible for providing accurate and complete billing information.
Non-Payment: What happens in case of non-payment or failed transactions.
Taxes: Clarify if prices include or exclude taxes, and who is responsible for paying them.
Currency: State the currency in which prices are displayed and transactions are processed.
5. Shipping and Delivery
Shipping Policy: Link to or detail your separate Shipping Policy. This should include:
Delivery costs.
Delivery areas/countries.
Estimated delivery timeframes.
Shipping methods/carriers.
Cut-off times for express shipping.
Conditions for free delivery.
What happens if delivery is delayed, lost, or damaged during transit.
International shipping considerations (customs, duties, taxes).
6. User Accounts (if applicable)
Account Creation: Requirements for creating an account.
Account Security: Users are responsible for maintaining the confidentiality of their account information.
Account Termination/Suspension: Reserve the right to suspend or terminate accounts at your sole discretion, especially in cases of breach of these terms.
7. Intellectual Property
Ownership: Clearly state that all content on the Website (text, graphics, logos, images, software, etc.) is your property or licensed to you and is protected by copyright, trademark, and other intellectual property laws.
Restrictions on Use: Prohibit the reproduction, distribution, modification, creation of derivative works, public display, or public performance of any content without your express written permission.
8. Limitation of Liability
General Limitation: State that you will not be liable for any indirect, incidental, punitive, special, or consequential damages arising from the use of your products or services.
Maximum Liability: Specify a maximum limit of liability (e.g., the amount paid for the product in question).
Force Majeure: Exclude liability for events beyond your reasonable control (e.g., natural disasters, war, strikes).
9. Indemnification
Users agree to indemnify and hold you harmless from any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising from their use of the Website or violation of these terms.
10. Governing Law and Jurisdiction
Specify the laws of which country/state will govern the Agreement and where any disputes will be resolved (e.g., “These Terms and Conditions shall be governed by and construed in accordance with the laws of England, without regard to its conflict of law principles. Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Huddersfield, England, United Kingdom.
11. Changes to Terms and Conditions
Reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and changes to your website. It’s the user’s responsibility to check for changes. Continued use of the website after changes constitutes acceptance.
12. Severability
If any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
13. Entire Agreement
This Agreement constitutes the entire agreement between you and us, superseding any prior agreements or communications.
14. Contact Information can be found on our Contact us page
