|Terms and Conditions of Sale of Products|
Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon Sony giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.
Sony Europe Limited (”Sony”) is the seller of Products and/or the supplier of Services for the purposes of Customer’s rights and concerns relating to Products and/or Services.
Sony Europe Limited, trading as sony Belgium, bijkantoor van Sony Europe Limited is a company registered in England and Wales, with registered company number: 2422874. Registered office is at The Heights, Brooklands, Weybridge, Surrey, KT13 0XW, United Kingdom. Local Address: Da Vincilaan 7 - D1, 1935 Zaventem, Belgium. VAT BE0452161045. Citibank account number: 12652730 (IBAN: GB63CITI18500812652730, BIC: CITIGB2L. Sony can be contacted by e-mail at firstname.lastname@example.org and by telephone on the contact number(s) mentioned in Sony websites. The following are Sony’s VAT numbers in those countries to which Sony supplies Products or renders Services where it is registered for VAT:
In these terms and conditions Sony Europe Limited is referred to as “Sony”, “we” or “us”; “Sony Group Companies” are Sony Corporation, and any entity, firm or corporation, the majority of whose shares or equity is owned or controlled directly or indirectly by Sony Corporation; “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this or other Sony websites or a Sony telephone call centre, and whose order for Products or Services is accepted by Sony; “Contract” is the contract containing these terms and conditions, formed by Sony’s acceptance of your order, and credit card or other payment method details; “Invoice” is the invoice issued by us to you for the price of the Products and/or Services; “Order” means an order placed by you in accordance with these Terms; “Order Acknowledgement” is Sony’s acknowledgement of receipt of your order, by e-mail or other medium (including telephone); “Order Confirmation” means the order confirmation is issued by us to you indicating acceptance of your order; “Products” are the products listed as items for sale on Sony websites; “Services” are any, chargeable or free, services available from Sony through Sony websites and telephone call centres, for example, delivery or packaging services; “Terms” are these terms and conditions of sale; “Sony websites” are the websites operated by or on behalf of Sony including those located at the internet domain with the URL https://shop.sony-europe.com and “day” refers to a calendar day.
The following is a list of the languages in which these Terms are available and the countries in which they apply. Where a country appears more than once in this list, you may choose the language version that applies to your transaction from the options presented:
Your purchase of Products or Services, whether through a Sony website or a Sony telephone call centre, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.
By placing an Order, you make an offer to us to purchase the Products and/or Services you have selected on these Terms. We may or may not accept your offer at our discretion. Any Contract is dependant and conditional upon Sony’s verification of availability and confirmation of both your Order and your credit card or other payment details. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. Generally, Sony has 14 days as of the receipt of your placed Order for such verification and confirmation. As long as Sony has not confirmed both of the above mentioned points, Sony is not obliged to provide Products and/or Services.
Sony may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
Information contained in our advertising, brochures, other written materials, on the Sony websites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products and/or Services.
You may place an Order by:
Please note that Sony does not deliver Products and/or Services to certain regions within some countries as listed in clause 11. In the event your Order has been placed from a country where delivery to certain regions is excluded by Sony, you will be notified via a pop-up window which will appear during your order process.
No intra-community purchases can be made on the Sony website.
When you place your Order, Sony will send you an Order Acknowledgement by e-mail. Such Order Acknowledgement may be automatically generated and shall not constitute an acceptance of the Order. Sony websites through which orders can be placed contain automatic means for identifying and alerting you to certain types of input error before you place your Order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.
We will send your Order Confirmation to you by e-mail. If we cannot accept your Order we will contact you by email or telephone.
We maintain records of Orders, Order Acknowledgements and Order Confirmations and retain these for a reasonable period following delivery. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, Order Acknowledgment, Order Confirmation, payment method acceptance and invoice as evidence of purchase.
By placing an Order or a VAIO BY YOU Order through the Website or the Call Centre, you warrant that:
If you want to place an Order using a Sony e-Voucher, the Terms and Conditions of Sony e-Vouchers will apply in addition to these Terms.
Sony continually updates and revises Products and Services. Sony may update, revise and/or discontinue Products and/or any peripheral products as well as Services at any time. Sony may revise prices for Products or Services listed as available items on Sony websites at any time. A price remains valid only for the duration of the day on which Customer visits the page of the Sony website displaying that price or the day on which Customer is informed of the price by Sony (through a telephone call centre or otherwise). Sony displays current Products at www.sony.eu and on local or country specific Sony websites, such as www.sony.co.uk.
In addition to Products which are localized and fitted out for your country of Order, Sony may offer non-local Product versions (for example: offering an English version PC, equipped with an English keyboard, guarantee card, instruction manual, etc. on the German Sony website). Whenever you access Product information of such a non-local Product version, you will be warned and may receive detailed information. Regardless of our provided Product information, should you decide to place an Order for such a Product, your purchase will be processed under these Terms.
Sony endeavours to maintain Product and Service availability. However, Product and Service availability constantly changes and different Products and Product groups or Services may have different availabilities. All acceptances of Orders are subject to availability of the relevant Product(s) or Services. Sony reserves the right to prioritise orders and to allocate limited stock between orders as it deems fit.
Any weights and measurements stated on Sony websites are approximate, all monitor and television screens are measured diagonally and all monitor and television screen images are simulated pictures.
The prices of Products or Services are those which apply at the time of Customer’s Order.
Shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law will be charged in addition to the applicable Product price and will be indicated to you prior to placing the Order on the Sony website or communicated to you by the call centre agent and will also be set out in the Invoice sent to you by e-mail.
Sony accepts payment by approved credit card. Other payment methods (e.g. cheque or instalment payment) will be subject to Sony’s prior agreement through its telephone call centre or otherwise. Payment options may vary from country to country.
Customer must tender payment (via an accepted credit card or other payment means accepted by Sony) in the currency as indicated in the Invoice, on or before the delivery of Products or Services unless otherwise agreed with Sony. Invoicing and payment collection by Sony may be effected through third parties.
For credit card payments, Customer must provide his or her valid credit card number and other requested details either in the relevant purchase “check-out” section of the relevant Sony website or to the telephone call centre agent, when Customer orders Products or Services.
Sony will charge debit/credit cards on order placement, once Sony has verified Product availability and accepted the Customer’s order and payment method. For VAIO BY YOU Orders, different charging conditions apply - as described in Clause 29, which will take precedent over this Clause 10.
You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Sony website account details section or as requested by a Sony telephone call centre agent (“Account Information”), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other Sony websites. Sony shall not be liable for any unauthorized use of passwords.
Products or Services will be delivered or rendered to mainland delivery addresses in Austria, Belgium, Denmark, Germany, Greece, Finland, France, Italy, Luxembourg, The Netherlands, Norway, Portugal, Republic of Ireland, Spain, Sweden, Switzerland and United Kingdom. Deliveries to islands are excluded.
Sony will use its discretion in selecting a reputable carrier and appropriate means of delivery. Sony may deliver Products or Services by instalments in any sequence as far as they are reasonable for the Customer. Where Products or Services are delivered by instalments, each instalment is deemed to be the subject of a separate Contract. No default or failure by Sony in respect of one or more instalments will affect the Contract in respect of Products or Services previously delivered, or undelivered Products or Services.
Sony aims to deliver promptly. However, there may be reasons for Sony’s inability to ship according to its target dates (most of which are beyond Sony’s control). Accordingly, any dates given by Sony for the delivery of Products or rendering of Services are estimates only, and Sony cannot and does not undertake that delivery will occur on any specified dates, except in the event such delivery dates have been explicitly confirmed by Sony as binding.
However, you have the option of cancelling your Order at any stage prior to dispatch of your Products by Sony. You may also have a right to return Products after they have been delivered (see “Your Right to Return and Returns Policy” below).
If Products cannot be delivered or Services rendered by any estimated or target dates given by Sony, Sony may elect to cancel the order and refund any money paid by the Customer. If the delay of delivery is not due to gross negligence or intent on Sony’s side, Sony is solely liable to refund any money paid by the Customer to Sony; right for damages based on delay in such an event is excluded.
Sony retains full legal title to Products - including Orders which are financed on an instalment basis - until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. Sony reserves rights (subject to applicable law) to terminate Customer’s right to sell or otherwise deal in Products, if payment is not made when due, or if the credit card company declines payment or requires Sony to return any payment made for the Products, for any reason.
Title to any software comprising, included in or with Products remains with Sony, the relevant Sony Group Company or the relevant licensor, notwithstanding payment.
You may return purchased Products for any reason for a full refund of the Product purchase price actually paid within 7 working days following the date you receive the Products, subject to compliance with the following:
If you return Products (1) which have been damaged or used, (2) after the 7 working days returns period (or other longer period specified by applicable law), (3) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, or (4) without pre-paid delivery, Sony retains the right either to refuse to refund Product purchase price (subject to applicable local law), or to charge you repair, restocking or related fees and delivery charges. Sony may in that case deduct those fees and charges from any payments to be refunded to you.
On return of Products, Sony will, subject to the above limitations, repay the actual amount paid to Sony, less any fees and charges due to Sony (as per the above), by crediting your relevant credit card or bank account (or other means).
The issue by Sony of a return reference number shall not constitute an acceptance or acknowledgment of any right to return Products, except to the extent that these Terms or mandatory applicable laws confer such a right.
You may cancel purchased Services for any reason for a full refund of the Services purchase price actually paid within 7 working days following the date of the acceptance of your Order, unless the Services were delivered prior to the end of the 7-days term with your consent.
On cancelling Services, Sony will, subject to the above qualifications, repay the actual amount paid to Sony, less any fees and charges due to Sony (as per the above), by crediting your relevant credit card or bank account (or other means).
The right of return does not apply if you do not purchase Products or Services as a consumer. The right of return and refund does not apply to software sold with Sony products, or as a separate product, if the license seal has been broken and/or shrink-wrap packaging opened. Further, you may not return a Product and claim a refund if the Product concerned is a personalised Product, such as an engraving or other means of individual personalisation made in accordance with your specifications
As a consumer, you have certain statutory rights regarding the return of defective Products and claims in respect of losses caused by any negligence on the part of Sony or failure by Sony to carry out its obligations. These Terms shall not affect your statutory rights. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens' Advice Bureau.
Customer shall not resell Product parts, components or accessories packaged with the Products.
All software, including pre-loaded software contained in hardware Products, is licensed and not sold. It is licensed either by Sony or the relevant software owner to you subject to the relevant software end-user licence agreement or other terms included with the software and/or with the Product or Services. Software may not be disassembled, decompiled, reverse engineered, merged or combined with any other software, copied, translated, adapted, varied or modified (save as expressly permitted by applicable law) nor may it be distributed in any form.
Where express software licence terms are not supplied, software is licensed on a non-exclusive, non-transferable, single user basis for use only with the accompanying Product.
If you do not accept the terms of any applicable software license, subject to the exceptions in Article 15 above, you should return the Products unused and “as new” in accordance with, and within the time period set out in, Article 14 above. Note: to qualify for a refund, shrink-wrap software must not be opened (see Article 15 above).
Sony or Sony Group Companies’ guarantees do not include the correction or avoidance of software defects or errors or the loading or re-loading of Customer’s applications software or data or any reconfiguration of Products beyond reloading the operating system software as installed in the Products before shipment (subject to software availability). Sony or Sony Group Companies do not guarantee the functioning of software, in case software in combination with the purchased Product “as is”, including the pre-installed operating system.
Sony or Sony Group Company Guarantees
20.1 Statutory Warranty
In the event your Product requires servicing, You can make usage of your legal rights falling under the consumer protection rights for sales of consumer products (01/09/2004). Subject to the qualification with respect to statutory rights (above, Sony gives no guarantees with respect to Products or Services, additional to those in the guarantee card included with the Products, or, in the case of optional extended guarantees issued by Sony or Sony Group Companies, additional to those extended guarantees (in each case, “Guarantees”).
20.2 Commercial guarantee - Guarantee cards and Typical Guarantee terms and exceptions
Sony may provide its own guarantee as detailed in the guarantee card enclosed with the Product. In the Guarantee cards included with Products, Sony or the relevant Sony Group Company gives certain service undertakings concerning the Products. For further information, please refer to the Sony guarantee card.
If Products (such as certain accessories) are sold without a Guarantee card or should there be a defect in the Product due to certain circumstances, which is not covered by the Sony guarantee, Sony solely provides statutory warranties according to the national legislation where Customer has placed his/her Order from, which shall be observed under the limitations of these Terms.
These Terms set out the full extent of Sony’s (and other Sony Group Companies’) obligations and liabilities in respect of the supply of, or failure to supply, Products or Services. Sony and Sony Group Companies are not liable to you (or any other parties):
This clause and the limitations of liability apply also to Sony or the relevant Sony Group Company named as the guarantor (if any), in the relevant Guarantee.
General – data collection
By submitting orders:
In certain circumstances Sony may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Sony it shall also be regarded as “Personal Data”.
Sony may share, make available or transmit Personal Data to other departments and divisions in Sony, and other Sony Group Companies within Europe and (subject to Sony’s strict compliance with applicable data protection laws) overseas, including Sony Corporation, Japan.
Disclosure to others
Sony will not disclose Personal Data to entities and persons, other than Sony Group Companies, (“3P’s”) without your consent, except in the
Personal Data may be disclosed to 3P’s to enable the performance of contracts you are party to or for other purposes specified in these Terms, or in the “Personal Data” (or similarly entitled) section of the Sony website order submission form or telephone call centre ordering process.
Personal Data may be disclosed to 3P’s to enable compliance with legal obligations to which Sony or other Sony Group Companies are subject.
Where Personal Data is provided in connection with purchase transactions, Sony may transmit Personal Data to 3P’s who are credit/fraud probability assessment agencies or 3P’s who are otherwise involved in crime prevention, in order to process the acceptability of your tendered credit card or other payment methods or to combat crime, and/or to credit card and other payment processing agencies. Personal Data transmitted to those 3P’s may need to be transferred to the United States of America or other places outside the European Economic Area, for processing and related purposes. Some agencies have advised that transmitted Personal Data will also be used to generate credit, risk or fraud possibility assessments for Sony and other third parties with whom you may enter into transactions.
Sony may use, process and disclose without restriction any anonymous or generic data (including statistics) in which you cannot be identified.
You may request Sony to inform 3P’s to whom Personal Data has been communicated of corrections or deletions to that Personal Data. If Sony does not have control of that Personal Data, Sony will use its reasonable efforts to communicate your corrections and deletion requests. However, where Personal Data has been transferred to credit card payment and certain other agencies for payment processing, you may need to contact such agencies directly if you wish Personal Data transferred to those agencies to be rectified or deleted. Sony cannot assume, and excludes all, responsibility for rectifying or deleting Personal Data which has been transferred (with your consent) to certain agencies such as credit or fraud probability assessment, and payment processing agencies, who require and/or assume control of that data. Sony accepts no liability for any incorrect credit or other assessments generated by such 3P’s, or any other consequences (including adverse credit ratings) of Personal Data disclosed and used as contemplated in the the “Personal Data” (or similarly entitled) section of the Sony website order submission form or telephone call centre ordering process, and these Terms.
You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.
Sony may amend these Terms, including payment and warranty terms, without notice. Sony may provide notices of changes to Sony websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant Sony website. Frequent review of Sony websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected and Terms, including Product prices are such which apply at the time of Customer’s Order placement.
Although care is taken to ensure the accuracy of the information on Sony websites, they could include inaccuracies or typographical errors, including pricing errors. Sony shall not be obliged to honour, nor be liable in respect of, such errors, except for errors concerning characteristics and nature of the Product/Service (i.e. incorrect product specification) in which case at our discretion, we may offer you with Products or Services which fulfil or are close to the initially described Product specification (if any). Sony and third party suppliers may make improvements and/or changes in Products, Services, service programs, prices and other details described in Sony websites, at any time. Changes are periodically made to update Sony websites.
The sale of Products and/or Services and these Terms shall be governed by and construed under the laws of Belgium. For all disputes, Customers submit to the exclusive jurisdiction of the Courts of Belgium. However, if you are a consumer, this does not affect your statutory rights.
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
Circumstances beyond our reasonable control
We will make every effort to perform our obligations under these Terms. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control such as strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, we will perform our obligations as soon as reasonably possible.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.
Placing your VAIO BY YOU Order
The VAIO BY YOU option is available on the Website and through a Sony telephone call centre which enables you to configure Products to your own specification and requirements.
When you place your VAIO BY YOU Order, you will be sent an Order Acknowledgement by e-mail. Such Order Acknowledgement will be automatically generated and shall not constitute an acceptance of the VAIO BY YOU Order. The Website contains an automatic means for identifying and alerting you to certain types of input error before you place your VAIO BY YOU Order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your VAIO BY YOU Order is accurate and complete.
If we cannot accept your VAIO BY YOU Order or if we are unable to process your VAIO BY YOU Order we will contact you by email or telephone. You should be aware that Sony may in its sole discretion accept or reject VAIO BY YOU Orders. Sony reserves the right to reject an offer, or cancel any Order that you have placed, if you are in breach of the provisions of Clause 4; in such circumstances Sony will refund you in full for any sums paid.
If we are able to fulfil your VAIO BY YOU Order then following our Order Acknowledgement and provided that we have received payment from you then we will forward your VAIO BY YOU Order to the factory. Once we commence production of your VAIO BY YOU Order we will send you an In Production Notification by email; you will not be able to cancel your VAIO BY YOU Order after we have sent this to you.
We aim to keep you updated on the progress of your VAIO BY YOU Order and will send you an email to tell you that we have finished production and that your VAIO BY YOU Order has been sent to our distribution centre. In the unlikely event that your VAIO BY YOU Order is delayed then we will send you an email to notify you of this.
Finally once we have prepared your VAIO BY YOU Order for dispatch, you will be sent a VAIO BY YOU Order Confirmation by e-mail.
Our In Production Notification is our acceptance of your offer and it is only once we have sent an In Production Notification that the Contract between us and you will be concluded. Whilst we will collect payment for your VAIO BY YOU Order at the time that you place your VAIO BY YOU Order this does not mean that either we have accepted your offer or that there is a contract. If we are unable to fulfil your VAIO BY YOU Order after having taken payment then we will refund you in full.
Cancelling your VAIO BY YOU Order
You may contact us to cancel your VAIO BY YOU Order at any time before we send the In Production Notification to you. Please use the contact details set out in the Order Acknowledgement to do so.
Returning your VAIO BY YOU Order
As set out in Clauses 15 and 16, because your VAIO BY YOU Order has been specifically created to your own specifications, you are not able to return your VAIO BY YOU Order pursuant to the Distance Selling Regulations or under our Goodwill Right of Return. For the avoidance of doubt, nothing in this Clause 29 affects yours statutory rights which are referenced in Clause 17.
The Waste Electrical and Electronic Equipment ("WEEE") Regulations are now UK law. All European Union member states have agreed to reduce the amount of WEEE that is being disposed of in landfill sites. Distributors of new Electric and Electronic Equipment have a part to play in reducing the amount of WEEE going into landfill sites. Sony have "done its bit" by helping to fund the improvement of the UK's recycling network by joining the Distributor Takeback Scheme (Sony's registration No 8614) which helped to establish local Civic Amenity collection. As a consequence of our joining the Distributor Takeback Scheme, Sony will not accept returns of WEEE itself and cannot accept WEEE returns for recycling, neither do we make arrangements for its collection. The crossed out wheelie bin symbol on the product indicates that this product should not be treated as household waste. Instead it shall be handed over to the applicable collection point for the recycling of electrical and electrical equipment. Information on disposal can be obtained from recycle more on www.recyclemore.co.uk. By ensuring this product is disposed of correctly you will help prevent potential negative impacts on the environment and human health, which could otherwise be caused by the inappropriate waste handling of this product. The recycling of materials will help to conserve natural resources.
Third party promotions, that is to say where a third party unrelated to Sony offers free or discounted services or products to the purchaser of a Product, shall be carried out on the publicised terms and conditions of the promotion.