• You are an individual.
• You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

• • If you are a business customer this is our entire agreement with you. If you are a business customer these terms, together with our returns policy in force from time to time and the terms of any applicable voluntary manufacturer’s warranty offered by us at the date we accepted your order constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  • In these terms and conditions ‘you’ means:

• • • In the case of a consumer or a sole trader: the individual placing the relevant order;
    • In the case of any other person: The organisation or entity on behalf of which you place the relevant order.

• • By submitting an order on behalf of any person other than yourself (for example a business or company), by submitting the relevant order you confirm that you have authority to act on behalf of and to bind that other person to these terms and conditions.
  • Interpretation:

• • Who we are.

• • • We are Portable Multimedia Limited a company registered in England and Wales. We trade under the names “Nextbase”, “Portable Multimedia”, and “Voyager Systems”.
    • Our company registration number is 4038169 and our registered office is at Nextbase US Branch, 251 Little Falls Drive, City of Wilmington, New Castle County, Delaware, 19808, USA. Our registered VAT number is 742504649.

• • How to contact us.
    • You can contact us by calling our customer service team at 1-800-280-5178 or by emailing us at [email protected] and Nextbase US Branch, 251 Little Falls Drive, City of Wilmington, New Castle County, Delaware, 19808, USA.
    • If you would like technical support or assistance, please contract our Product Support Centre:
      • The Product Support Centre helpline number is 1-800-280-5178.
      • The Helpline is available to retailers, distributors and customers alike.
      • Hours of operation are 9am to 9pm GMT / BST (as appropriate), seven days a week.
      • The Product Support Centre’s address is Product Support Centre, Unit B, Caerphilly Business Park, Van Road, Caerphilly, CF83 3ED.
    • Call charges will apply for calling us. The charges will depend on your location and on your network provider. Please contact your network provider for further details.

• • Minor changes to the goods. We may change the product or your order:

• • • to reflect changes in relevant laws and regulatory requirements; and
    • to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

• • Delivery charges. The prices of goods displayed on our website do not include delivery charges. Our delivery options and associated charges will be displayed to you during the check out process before you submit your order.
  • When we will provide the goods. We will contact you with an estimated delivery date after we accept your order, which will be within 30 days after the day on which we accept your order. All dates for delivery are approximate and shall not be of the essence.
  • We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received. Refunds will be processed subject to and in accordance with our Returns Policy
  • If you are not at the delivery address when the goods are delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
  • If you do not re-arrange delivery. If you do not collect the goods as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from the delivery depot and despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
  • When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us for delivery.
  • When you own goods. You own goods supplied by us once we have received cleared funds payment of the price for the goods and any costs associated with the supply of those goods (for example, delivery costs).
  • Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
    • deal with technical problems or make minor technical changes;
    • update the product to reflect changes in relevant laws and regulatory requirements;
    • make changes to the product as requested by you or notified by us to you (see clauses 5 and 6).
    • If we believe the delivery address is not secure.
  • Your rights if we suspend the supply of goods.

• • • We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If the suspension is urgent or is due to an emergency, we will tell you as soon as reasonably possible after suspension that we have suspended supply of the relevant goods.
    • You may contact us to end the contract for a product if we suspend the supply of it for a period of more than 14 (fourteen) days and we will refund any sums you have paid in advance for the product. Refunds will be processed subject to and in accordance with our Returns policy

• • You can always end your contract with us. Your rights when you end the contract will depend on what you have purchased, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
    • If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced), see clause 12 if you are a consumer and clause 13 if you are a business. In addition, you may have rights under a voluntary manufacturer’s warranty that we provide – please see our voluntary manufacturers Warranty terms and conditions Warranty Policy for more details.
    • If you want to end the contract because of something we have done or have told you we are going to do, please see clause 2;
    • If you are a consumer and have just changed your mind about the product, please see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may not be refunded for all of the delivery charges that you paid us – refunds will be processed subject to and in accordance with our Returns policy.
    • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), please see clause 8.6.
  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (8.2.1) to (8.2.5) below the contract will end immediately and we will refund you in full in accordance with our Returns Policy for any products that have not been provided and you may be entitled to compensation. The reasons are:
    
    • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
    • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
    • there is a risk that supply of the goods may be significantly delayed because of events outside our control;
    • we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 (fourteen) days;
    • we have not delivered the goods within 30 days after the day on which we accepted your order; or
    • you have a legal right to end the contract because of something we have done wrong.

• • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. Refunds will be processed subject to and in accordance with our Returns Policy. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  • Guarantee under the Consumer Contracts Regulations 2013:
    

• • If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
  • If the product that you have purchased has the benefit of a voluntary manufacturer’s Warranty Policy provided by us, our voluntary manufacturer’s warranty provides separate additional rights to the legal rights referred to in clause 12.1. You are free to choose whether you would like to enforce your legal rights, your rights under this contract and / or your rights under our manufacturer’s warranty.
  • Your obligation to return rejected goods.

• • • If you wish to exercise your legal rights to reject goods you must return them to us in accordance with our Returns Policy.
    • We provide a pre-paid returns label for goods being returned within the first 28 days of purchase.
    • Please contact the Product Support Centre for a “Returns Merchandise Authorisation” (RMA) reference number. This can be requested by phoning 02920866429, fax 02920864280, or email [email protected]
    • Please note that goods remain your responsibility until they are received by us at our returns address. Please contact us by using one of the methods set out in clause 2 above to tell us you wish to reject the goods.
    • Please see our Returns Policy for further details.

• • We warrant that on delivery the goods supplied by us shall:

• • • conform in all material respects with their description and any applicable specification;
    • be free from material defects in design, material and workmanship; and
    • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
  • Subject to clause 3, if:
    
    • you give us notice in writing that some or all of the goods do not comply with the warranty set out in clause :1
      
      • in the case of a defect that is apparent on normal visual inspection, within seven days of delivery of the relevant product to you; or
      • in any other case, within thirty days of delivery of the relevant product to you
    • we are given a reasonable opportunity of examining such goods; and
      
    • you (if asked to do so by us) return such goods to our place of business (our Returns Policy explains who will bear the costs of return shipping),

• • Where to find the price for the product. The price of the product (which includes VAT in respect of consumer sales and which excluded VAT for business sales) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
  • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  • What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
  • When you must pay and how you must pay.

• • • We accept payment via the Stripe platform on our website, the platform allows you to make payment using Visa, MasterCard, American Express or Maestro.
    • We also use Klarna and Amazon Pay payment methods.
    • All payments must be made via the the platforms outlined above on our website. We do not accept payment over the phone.
    • Payment is deducted when your order is submitted.

• • Our right of set-off if you are a business customer.

• • • If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    • If you are a business customer we may at any time, without notice to you set off any liability of you to us against any liability of us to you, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this contract. Any exercise by us of our rights under this clause shall not limit or affect any other rights or remedies available to us under this contract or otherwise.
  • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank PLC from time to time in force. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  • Coupon Codes. A coupon code can be used in conjunction with the Terms and Conditions set out for each specific coupon code. Only 1 coupon code can be used per transaction.

• • Nothing in these terms shall limit or exclude our liability for:
    • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
    • fraud or fraudulent misrepresentation;
    • breach of the terms implied by section 12 of the Sale of Goods Act 1979;
    • any matter in respect of which it would be unlawful for us to exclude or restrict liability
  • Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
  • Subject to clause 1:

• • • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
    • our total liability to you for all other losses arising under or in connection with the relevant contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to an amount not to exceed the price paid by you for goods under the relevant contract.

• • How we will use your personal information. We will use the personal information that you provide to us:

• • To supply the goods to you;
  • To process your payment for the goods; and
  • In accordance with our Privacy Policy:

4.2.8 Your rights to end the clause 4.1 licence.

6. Data Protection