Terms & Conditions
The terms that apply when you order products or services from Smartvisual.
About these terms
These terms apply when you buy goods or services from Smartvisual Ltd through this website. They also contain rules for using this website. If we separately provide a written quotation or project proposal, any additional terms expressly stated in it will also apply.
Our products and services are primarily intended for businesses, schools, public-sector bodies and other professional environments, but consumers may also place orders. Mandatory consumer rights apply where required by law.
Smartvisual Ltd is a private limited company registered in England and Wales under company number 04075614. Our registered office is Ty Menter, Navigation Park, Abercynon, Rhondda Cynon Taf, Wales, CF45 4SN. You can contact us through the contact form on this website or by telephone on 020 3137 9551.
If you are buying wholly or mainly outside your trade, business, craft or profession, you are a “consumer”. If you are buying for a business, school, public body or other organisation, you are a “business customer”. Some clauses apply differently to consumers and business customers and are labelled accordingly.
1. Website orders and contract formation
1.1 The product information and prices displayed on the website are an invitation to place an order; they are not an offer that is automatically accepted when you check out.
1.2 When you place an order, you offer to buy the goods or services described in that order under these terms. Any automatic order-received or acknowledgement email only confirms that we have received the order. It does not mean that we have accepted it, unless the email expressly says that the order has been accepted.
1.3 A contract is formed when we send an email confirming that the order has been accepted or is being processed, or when we dispatch the goods, whichever happens first.
1.4 We may decline or cancel an order before acceptance, for example if a product is unavailable, a price or description contains an obvious error, we cannot verify the information supplied, or delivery or installation is not reasonably available at the requested location. If you have paid, we will refund the affected amount.
1.5 If we separately provide a quotation for installation, configuration or project work, the quotation is valid for the period stated in it and the contract for that work is formed in the way described in the quotation or when we otherwise confirm acceptance in writing.
1.6 Business customers confirm that the person placing the order has authority to bind the organisation named in the order.
2. Products, compatibility and availability
2.1 We take reasonable care to describe products accurately. Images, colours and dimensions are illustrative, and manufacturers may make minor changes that do not materially affect function or quality.
2.2 Some product descriptions, specifications, images, documents and compatibility information are supplied by manufacturers and specialist product-data providers. We take reasonable steps to present this information accurately, but third-party catalogue information may occasionally be incomplete, out of date or contain errors. If we become aware of a material error before accepting your order, we will correct it and give you the opportunity to confirm or cancel the order. If a material error is discovered after acceptance, we will provide the remedy required by law and these terms.
2.3 Nothing in clause 2.2 excludes responsibility for a product failing to match a description that forms part of our contract, for misleading information for which we are legally responsible, or for a consumer's statutory rights.
2.4 You are responsible for checking that products are suitable for your intended environment, existing equipment and technical requirements. This does not limit any advice that we expressly agree to provide or any rights a consumer has when relying on information we give.
2.5 Product availability and lead times may change. Where an item is unavailable, we may offer a reasonable alternative, but we will not substitute it without your agreement.
3. Prices, VAT and payment
3.1 Product prices are displayed excluding VAT by default and are identified as excluding VAT. You can use the VAT price toggle to display prices including VAT. Applicable VAT will be added to the order, and the checkout will show the VAT amount and the total price payable before you place your order. Delivery is calculated and added at checkout based on the products ordered and the delivery details provided. Installation and any genuinely optional charges apply only where selected or agreed.
3.2 The price payable is the price confirmed when we accept your order. We will not increase the price of accepted goods because a supplier’s price later changes. Any agreed variation to installation or other services must be confirmed in writing, except where urgent work is reasonably necessary for safety and it is not practicable to obtain prior approval.
3.3 Payment is due using the method and at the time shown during checkout, in our quotation or on our invoice. Credit facilities are available only where expressly agreed in writing.
3.4 If a business customer fails to pay an undisputed amount when due, we may suspend further performance after giving reasonable notice and may claim interest and recovery costs where permitted by the Late Payment of Commercial Debts (Interest) Act 1998. This clause does not apply to consumers.
4. Delivery
4.1 Delivery dates are estimates unless we expressly agree a fixed date in writing. We will keep you reasonably informed of material delays.
4.2 For consumers, unless another period is agreed, we will deliver without undue delay and no later than 30 days after the contract is made. Your statutory remedies for late delivery are not restricted.
4.3 We may make deliveries in instalments where reasonable. Business customers must pay for each instalment as invoiced unless otherwise agreed.
4.4 You must provide safe and reasonable access and accurate delivery information. Additional costs caused by failed delivery or inaccurate information may be charged where they were reasonably incurred and explained to you.
4.5 Please inspect packages promptly and tell us as soon as reasonably possible about missing goods or visible transit damage. Signing a delivery note does not remove a consumer’s statutory rights. Business customers should notify us within three working days where reasonably possible so that we can pursue the carrier, but failure to do so does not exclude a valid claim that could not reasonably have been identified in that period.
5. Risk and ownership
5.1 For consumers, risk passes when the goods come into your physical possession or the possession of a person you identify to receive them.
5.2 For business customers, risk passes on delivery to the agreed delivery location, unless the quotation says otherwise.
5.3 Ownership of goods supplied to a business customer does not pass until we have received in cleared funds all sums due for those goods. Until ownership passes, the customer must keep the goods identifiable, insured and in satisfactory condition and must not dispose of them other than in the ordinary course of business. Any right to enter premises or recover goods will be exercised only where lawful and without breaching the peace.
6. Installation and project services
6.1 The agreed scope, assumptions, price and timetable for installation or project work will be set out in the quotation or statement of work.
6.2 You must provide safe access, suitable power and network facilities, necessary permissions, accurate plans and information about concealed services or hazards. You are responsible for removing or identifying asbestos and other hazardous materials unless we expressly agree otherwise.
6.3 We may pause work where conditions are unsafe or materially different from the information supplied. We will explain any resulting change to cost or timing before carrying out additional chargeable work where reasonably practicable.
6.4 We will perform services with reasonable care and skill. Consumers retain all statutory rights under the Consumer Rights Act 2015.
7. Consumer cancellation rights
7.1 If you are a consumer entering into a distance contract, you normally have 14 days to cancel without giving a reason. For goods, the period ends 14 days after you, or a person nominated by you, receives them. For services, it ends 14 days after the contract is made.
7.2 To cancel, make a clear statement through our contact form or write to our registered office before the cancellation period ends. You may use the model cancellation form below, but you do not have to.
7.3 You must return cancelled goods within 14 days of telling us. Unless the goods are faulty or we agree otherwise, you are responsible for the direct return cost. Where goods cannot normally be returned by post, information about the likely return cost will be provided before the order is placed.
7.4 We will refund the price and the cost of standard delivery using the original payment method. We may withhold the refund until we receive the goods or evidence that they have been returned. The refund will be made within 14 days after that point. We may reduce it for handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7.5 If you expressly ask us to begin services during the cancellation period, you must pay a proportionate amount for services supplied before cancellation. Any balance due will be refunded within 14 days after you tell us you are cancelling. The right to cancel a fully performed service is lost only where the statutory requirements for your express request and acknowledgement have been met.
7.6 Cancellation rights do not apply where a statutory exception applies, including goods made to your specifications, clearly personalised goods and sealed software once unsealed. Any relevant exception will be identified before you order. These cancellation provisions do not affect mandatory rights concerning faulty or misdescribed goods or services.
8. Business cancellations and returns
8.1 Business orders cannot be cancelled or returned after acceptance unless we agree in writing, the goods are faulty or misdescribed, or the quotation expressly provides a cancellation right.
8.2 Any agreed business return must follow our return authorisation instructions. Reasonable collection, testing, repackaging or restocking costs may be deducted only where disclosed and agreed. Bespoke, configured or special-order goods may not be returnable unless faulty or otherwise agreed.
9. Faults, warranties and support
9.1 Any manufacturer warranty is additional to, and does not replace or limit, a consumer's mandatory statutory rights.
9.2 Business customers should report suspected faults promptly and provide the order number, model, serial number and a clear description. Our obligation for a proven defect is, at our option and where legally permitted, to repair, replace or refund the affected goods, subject to any greater remedy stated in the contract.
9.3 Manufacturer warranty periods and procedures vary. We will provide available warranty information and reasonable assistance, but do not promise a warranty beyond the manufacturer’s warranty unless expressly agreed in writing.
9.4 Warranties do not cover fair wear and tear, accidental damage, misuse, unauthorised alteration, unsuitable environmental conditions or failure to follow instructions, except where the law requires otherwise.
10. Liability
10.1 Nothing in these terms constitutes an admission of liability by Smartvisual. To the fullest extent permitted by law, all conditions, warranties, representations, remedies and liabilities that are not expressly set out in these terms are excluded.
10.2 Nothing in these terms excludes or restricts any liability or right that cannot lawfully be excluded or restricted. This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory title obligations, and consumers' mandatory statutory rights. This clause preserves those matters only to the extent required by law and is not an acknowledgement that any liability has arisen in a particular case.
10.3 If and to the extent that Smartvisual's liability to a consumer is established, recovery is limited to loss or damage that is a foreseeable result of the proven breach and that the consumer could not reasonably have avoided or reduced. Smartvisual does not accept liability for business losses suffered by a consumer or for loss caused by misuse, failure to follow instructions, incompatible equipment or systems not supplied by Smartvisual, unauthorised changes, inaccurate information supplied by the customer, or events outside Smartvisual's reasonable control, except where the law requires otherwise.
10.4 For business customers only, Smartvisual excludes, to the fullest extent permitted by law, all liability for indirect or consequential loss and for loss of profit, revenue, sales, anticipated savings, business opportunity, contracts, goodwill, reputation, use, production or data, whether direct or indirect. Smartvisual does not accept liability for loss arising from the customer's failure to verify suitability, maintain backups, follow instructions, provide accurate information or protect its own systems.
10.5 For business customers only, if and to the extent that any liability of Smartvisual is established and cannot otherwise lawfully be excluded, Smartvisual's total aggregate liability arising out of or in connection with an order, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise, will not exceed 100% of the total price paid or payable for the goods and services under the affected order. The matters that cannot lawfully be limited under clause 10.2 remain outside this cap.
10.6 Each customer must take reasonable steps to prevent and reduce loss and must notify Smartvisual promptly after becoming aware of a matter likely to result in a claim. This does not impose an unreasonable notification deadline or remove a consumer's statutory rights.
10.7 Smartvisual does not accept liability for delay or failure caused by events outside its reasonable control. Where such an event occurs, Smartvisual may suspend performance for the duration of the event and will take reasonable steps to reduce its effect and resume performance. Nothing in this clause excludes a consumer's mandatory cancellation, refund or other statutory rights.
11. Website use
11.1 You may use the website only for lawful purposes. You must not attempt unauthorised access, introduce malicious code, interfere with operation, scrape the site in a way that creates an unreasonable load, or use website content in a misleading or unlawful way.
11.2 Website content, branding, design and original materials belong to Smartvisual or its licensors. You may view and print content for personal or internal business purchasing purposes, but may not reproduce or commercially exploit it without permission.
11.3 Links and embedded manufacturer content are provided for convenience. We are not responsible for external websites, although this does not affect responsibility for product information that forms part of our contract with you.
12. Personal information
We use personal information as described in our Privacy & Cookies page. This includes information needed to respond to enquiries, process orders, arrange delivery and installation, provide support, prevent fraud and meet legal obligations.
13. General
13.1 We may subcontract parts of delivery, installation or support, but remain responsible for our contractual obligations.
13.2 If any provision is unenforceable, the remaining provisions continue in effect. A delay in enforcing a right is not a waiver. No third party has a right to enforce these terms unless expressly stated.
13.3 Consumers may rely on mandatory protections of the part of the UK in which they live. These terms are governed by the law of England and Wales. Consumers may bring proceedings in the courts applicable to their home jurisdiction. For business customers, the courts of England and Wales have exclusive jurisdiction.
Model cancellation form for consumers
Complete and return this form only if you wish to cancel a consumer contract. You may instead make any other clear statement of cancellation through the website contact form or in writing.
To: Smartvisual Ltd, Ty Menter, Navigation Park, Abercynon, Rhondda Cynon Taf, Wales, CF45 4SN
I/We give notice that I/We cancel my/our contract of sale for the following goods or services:
Order number:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s), only if this form is submitted on paper:
Date:
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Use our website form for order, cancellation, privacy or support enquiries.
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