Cygnal Terms and Conditions

 

​By using our websites, you agree to be bound by Cygnal Ltd's Terms & Conditions, as stated below. Please also read our Privacy Notice, Installation Policy and Shipping and Returns Notice.

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Contract for the Supply of Products or Services

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1.1 The display of goods on the Cygnal site amounts to an offer to sell products or services at the prices indicated. No contract for the supply of products or goods will be deemed to exist between you and Cygnal unless, and until, an email is sent by a representative of Cygnal to you confirming that your order has been accepted and full payment has been successfully made.

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1.2 The confirmation e-mail amounts to an acceptance by Cygnal Ltd of your offer to buy goods or services from Cygnal Ltd and this acceptance is effective regardless of whether or not you receive the e-mail.

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1.3 Cygnal Ltd is free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself.

 

1.4 Price and availability information is subject to change without notice.

 

1.5 Payment for the price of the products shall be due in pounds sterling at the time of the order.

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1.6 Cygnal is only able to offer prices stated on this website with purchases made directly through the website. Orders placed over the phone and through any other selling channel may be sold at a different quoted price.

 

1.7 Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.

 

1.8 Goods pre-ordered with a deposit will only be dispatched once full payment has been received on request. We will endeavour to supply you with an estimated availability date but this is not guaranteed. The deposit is non-refundable.

 

1.9 Two Way Radios may or may not be set onto a particular radio channel prior to delivery.  Programming of these channels is on the understanding that a valid licence is held by the purchaser authorising the use of that channel. No warranties are given that the channel is legal, that there will be no interference on the channel, that the required range will be attainable or that the channel is not in use by other persons.

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Site Information

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2.1 Cygnal Ltd is providing this site and its contents on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents. Cygnal Ltd disclaims all such representations and warranties, including, for example, warranties of merchantability and fitness for a particular purpose. In addition, Cygnal Ltd does not represent or warrant that the information accessible via this site is accurate, complete or current.

 

2.2 We shall endeavour that all orders are met. We do not, however, guarantee the availability of any product at any time. Where a product is temporarily out of stock we will either advise you of when we expect to be able to fulfil the order. However this is an estimate only and shall not be binding upon us to return, source an alternative supplier or refund your payment to the values of the item ordered.

 

2.3 Sometimes stock may be withdrawn or discontinued. We shall make every effort to update the website at all times, but you understand and acknowledge that we are not liable to you for any failure or delay to fulfil an order due to products being out of stock, withdrawn or discontinued.

 

2.4 Any stock level indicator is not necessarily a live stock level indicator and may not represent the true stock level carried by us, Cygnal, our distributors and suppliers.

 

2.5 All products carry any warranty stated in the product description and we shall only extend the benefit of the manufacturer's warranty to you. We do not separately warranty the products ourselves. Installation and service work is subject to a 3-month warranty for defective parts and workmanship. This may be extended to 6 months at the discretion of a director of Cygnal where, in the opinion of Cygnal, the fault lies with faulty workmanship and no third party, e.g. a garage, has had access to the wiring.

 

2.6 In the event of the product requiring replacement or repair under the warranty, you must contact the manufacturer directly.

 

2.7 Where the manufacturer is quoted in the product description, this will mean either the manufacturer of the item concerned or the manufacturer of the equipment it is designed and made to be used with. Sometimes, an item ordered could be a genuine (e.g. Motorola), or made by another manufacturer (e.g. Shenfield) for Motorola products.  This is often, but not necessarily always, identified in the product description. Where any ambiguity arises, we may contact the customer for instructions or, at our discretion, send the item we believe to be the optimum product. If this produces any price reduction, we will supply a credit note or refund of the difference at our discretion.

 

Processing of orders

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3.1 Subject to the other provisions contained in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).

 

3.2 The final price for the products shall be inclusive of VAT and inclusive of all fees and charges in relation to packaging, installation (if stated), carriage (standard delivery) and insurance to the delivery address.

 

Limitations of Liability

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Except as specifically stated on this site, neither Cygnal Ltd nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

Illegal Acts

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It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic fingerprints of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

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Privacy Policy

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Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

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ELECTRONIC COMMUNICATIONS

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When you visit carcomms.co.uk or cygnal.co.uk, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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COPYRIGHT

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All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Cygnal Ltd or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Cygnal Ltd, with copyright authorship for this collection by Cygnal Ltd, and protected by international copyright laws.

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TRADE MARKS

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Cygnal Ltd’s trademarks and trade dress may not be used in connection with any product or service that is not Cygnal Ltd’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Cygnal Ltd. All other trademarks not owned by Cygnal Ltd or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cygnal Ltd or its subsidiaries.

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LICENCE AND SITE ACCESS

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Cygnal Ltd grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cygnal Ltd. This licence does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for Cygnal Ltd the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.

 

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cygnal Ltd. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cygnal Ltd and our associates without express written consent.

 

You may not use any meta tags or any other "hidden text" utilizing Cygnal Ltd’s name or trademarks without the express written consent of Cygnal Ltd. Any unauthorized use terminates the permission or license granted by Cygnal Ltd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Cygnal Ltd so long as the link does not portray Cygnal Ltd, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

 

You may not use any Cygnal Ltd logo or other proprietary graphic or trademark as part of the link without express written permission.

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YOUR MEMBERSHIP ACCOUNT

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If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Cygnal Ltd and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

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REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

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Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cygnal Ltd reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Cygnal Ltd and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

 

You grant Cygnal Ltd and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

 

You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Cygnal Ltd or its associates for all claims resulting from content you supply.

 

Cygnal Ltd has the right but not the obligation to monitor and edit or remove any activity or content. Cygnal Ltd takes no responsibility and assumes no liability for any content posted by you or any third party.

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RISK OF LOSS

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All items purchased from Cygnal Ltd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

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PRODUCT DESCRIPTIONS

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Cygnal Ltd and its associates attempt to be as accurate as possible. However, Cygnal Ltd does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Cygnal Ltd itself is not as described, your sole remedy is to return it in unused condition. 

Disclaimer of warranties and limitation of liability this site is provided by Cygnal Ltd on an "as is" and "as available" basis. Cygnal Ltd makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.

 

You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Cygnal Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cygnal ltd does not warrant that this site, its servers, or e-mail sent from Cygnal Ltd are free of viruses or other harmful components.

 

Cygnal Ltd will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.

 

If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. 

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APPLICABLE LAW

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By visiting Cygnal Ltd, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cygnal Ltd or its associates.

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DISPUTES

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Any dispute relating in any way to your visit to Cygnal Ltd or to products you purchase through Cygnal Ltd shall be submitted to confidential arbitration in the United Kingdom except that, to the extent you have in any manner violated or threatened to violate Cygnal Ltd's intellectual property rights, Cygnal Ltd may seek injunctive or other appropriate relief in any court in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Federation of Communications Services (The FCS).

 

The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

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SITE POLICIES, MODIFICATION, AND SEVERABILITY

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Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Cygnal Ltd. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.

 

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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QUESTIONS:

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Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by completing the "Contact Us" form.

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Or you can email us at: estore@cygnal.co.uk

 

Changes in Terms

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Cygnal Ltd reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the Cygnal Limited website.

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