Vertu ASCENT X User Manual page 132

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13.Changes to Terms and Conditions
Vertu may vary these Terms and Conditions from time to time. Vertu will notify you of
any changes in a timely manner. Notification will be by some or all of the following
media:
• newsletter;
• mail;
• e-mail or other personal delivery service.
14.Payment Details
If we do not have your payment card details, we may not be able to provide or procure
those benefits, goods or services that require payment.
You may only make transactions using VC during your period of membership. When
ordering a product or service, you will be required to provide your payment card
details. You undertake that all details you provide to us for the purpose of booking,
ordering or purchasing goods or services are correct, that the payment charge card
you are using is your own, and that there are sufficient funds to cover the cost of the
product or service.
15.Supply of Details
Vertu may pass on details of your payment card and any other essential booking
details to its agents, employees, subcontractors and Suppliers, and you consent to
us passing on such details to deal with your orders. You must inform Vertu as soon as
possible of any changes to the details supplied by you.
16.Payments Due
The purchase price of all products and services obtained through VC is due for
payment on acceptance of your order by Vertu and/or a Supplier, as applicable.
17.Delivery
By placing your order for a product or service through VC, you agree that the time
taken for delivery or performance shall be as stipulated when the purchase is made.
We want you to get your order as soon as possible. If delivery or performance will take
longer than the time set out (or the product or services are unavailable), the Supplier
(or Vertu acting for the Supplier) will notify you of this at the earliest opportunity and
you will have the unequivocal right to withdraw your order and receive a full refund.
18.Limited Warranty
Vertu warrants to you that Vertu shall use its reasonable endeavours to provide the
VC services with reasonable care and skill and, as far as reasonably possible, in
accordance with your request and instructions from time to time. Where Vertu
supplies you with any goods or services supplied by a third party, then Vertu is acting
as your agent in sourcing the goods or services. Vertu will use reasonable care in
selecting the Supplier and ensuring the order is placed in accordance with your
Warranty and legal information
wishes. For the avoidance of doubt, Vertu does not and will not provide any
representations or recommendations in relation to any of the information and
suggestions comprised within the VC services. You are deemed to be responsible
for, and shall use your own skill and judgement as to, the quality, value and suitability
of such information and suggestions in relation to deciding whether to enter into any
contract with any third party for the supply of services or sale of goods.
19.Vertu as Agent
Your contract for the purchase of products or services is made with the relevant
Supplier only. Vertu acts as an agent for the Supplier and, unless expressly provided
otherwise, all your rights and remedies are against the Supplier.
20.Disclaimers
Vertu will not be responsible for products and services offered by Vertu as agents for
the Suppliers, or for any aspect of the relationship between you and any particular
Supplier. Vertu will, however, do everything it reasonably can to assist you in any
dealings you have with the Supplier.
You agree that any contract entered into by you with any of the Suppliers is an
independent contract. Vertu hereby disclaims any and all liability for any act or
omission of any Supplier, or any loss incurred by you as a result of any act or omission
of a Supplier, whether or not arranged through VC.
21.Limitation of Liability
Vertu accepts no liability for any losses or claims arising from any inability to contact
VC or any failure to complete a transaction.
Save in respect of death and personal injury caused by the negligence of Vertu or as
expressly provided for in these Terms and Conditions, Vertu shall not be liable for any
loss, cost, expense or damage of any nature whatever (whether direct or indirect)
resulting from the provision of the Services or your reliance upon the information and
suggestions provided by Vertu hereunder and the resulting supply of goods and
services to you by any third party.
Vertu shall have no liability to you for any loss, damage, costs, expenses or other
claims for compensation arising from requests or instructions supplied by you which
are incomplete, incorrect or inaccurate, or arising from their late arrival or non-arrival,
or any other fault by you.
Vertu shall not be liable to you, or be deemed to be in breach of these Terms and
Conditions, by reason of any delay in performing, or any failure to perform, any of
Vertu's obligations in relation to the VC services, if the delay or failure was due to any
cause beyond Vertu's reasonable control.
131

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