2. SCOPE OF THESE TERMS AND FORM OF AGREEMENT
2.1 These terms shall prevail over any terms put forward by the customer unless CD Pool expressly agrees with them in writing.
2.2 CD Pool will not accept any amendments by the customer to these terms. CD Pool may change these terms from time to time without notice to the customer. Changes will apply to any subsequent orders received.
2.3 The customer shall not at any time whatsoever make use of or disclose for his own benefit or for or on the behalf of any person, film or company, any confidential information which he now possesses or may posses relating to the business of CD Pool or it's affairs or of any suppliers, customers or other persons having dealings with CD Pool and shall use his bets endeavours to prevent the publication or disclosure of any such confidential information.

3.A ORDERING OF PRODUCTS
3.A.1 When placing an order for any such product, the customer shall state, specifically, which products the customer desires to purchase and shall also at the same time confirm to CD Pool, at their own risk, their home address, telephone number (including STD code), delivery requirements and selected payment method including credit card details together with such other details that may be requested at that that time from the customer by CD Pool.
3.A.2 Any orders received by CD Pool after 4.00PM GMT/BST shall be deemed by CD Pool to be received the following working day.
3.A.3 The customer can check the progress of his order by contacting a member of staff at CD Pool during working hours 9.30AM GMT/BST to 6,00PM GMT/BST.
3.A.4 All orders are made subject to acceptance by the customer of these terms.
3.A.5 Fulfilment of any order for products is subject to stock availability and acceptance by CD Pool of the customers order. CD Pool is under no obligation to fulfil any customer order.
3.A.6 CD Pool use the technology of Secure Socket Layers (SSL) which has the effect of encrypting (scrambling) details obtained from the customer and to protect the customer's credit/debit card details and any other customer data which is imparted online to CD Pool. CD Pool shall use all reasonable endeavours to ensure compliance with the data protection legislation in force form time to time. Every reasonable effort will therefore be made by CD Pool to keep details of a customer's order and payment details secure. Foe further details of our Privacy Policy please click here. For the avoidance of doubt, in the event the customer suffers any financial loss as a consequence of providing credit card details and personal data online CD Pool, where such a loss arises due to the fault of CD Pool, CD Pool shall indemnify the customer for any such financial loss, subject to an upper limit of £1000 or such other figures may be agreed between CD Pool and the customer.
3.B DELIVERY OF THE PRODUCTS AND RISK
3B1.1 When the products are available for delivery, the products will be delivered pursuant to the customer’s requirements as specified to CD Pool in terms of clause 3A.1.
3.B.1.2 Risk as regards to loss or damage to the products shall only pass to the customer when CD Pool has delivered the products to the customer.
3.B.1.3 If the products are lost or damaged due to any act, error, omission or neglect on the part of any carrier/courier, CD Pool, shall use it's best endeavours to replace the products with an identical or similar model as soon as reasonably practicable on being notified of such loss or damage.
3.B.1.4 DELIVERY CAN ONLY BE MADE TO UK AND EUROPEAN ADDRESS'S.
3.B.2 The date and time for any delivery of any products in accordance with these terms is not a contractual commitment, but an estimate only.
3.B.3.1 If the products do not conform to the customers contract specifications, the customer must notify CD Pool of any shortages, defects in the products or any other complaint in respect of them within 28 working days from the date of receipt. If CD Pool delivers less than the contract quantity, CD Pool shall use their best endeavours to make good the shortfall to the customer, subject to stock availability, within 72 hours or in the absence of such stock within seven to ten working days. Of being notified of the shortfall by the customer, all at the cost of CD Pool. If CD Pool delivers more than the contract quantity, the customer shall either accept and pay for the quantity actually delivered or accept the contract quantity and return the excess products to CD Pool forthwith upon demand by CD Pool, all at the cost of CD Pool. If any products are proven to be defective and such defects are notified to CD Pool within twenty eight working days the product or the part thereof shall be replaced by CD Pool within three working days if stock is available or where a replacement is unavailable, the customer a full refund, within thirty days of the price paid for the product.
3.B.4 Customers may at the discretion of CD Pool be able to place an order for products, which are not yet available for delivery. The customer shall not be required to pay for the products until the products are available to be delivered to the customer.

4. PAYMENT OF PRICE
4.1.1 All prices are quoted in either pounds sterling or Euros dependent on the customer’s territory and are inclusive of value added tax at the applicable rate, and also of delivery charges unless an alternative delivery method has been agreed upon between CD Pool and the customer, which therefore may result in an additional cost. Details of which are available on demand by contacting CD Pool.
4.1.2 CD POOL ACCEPTS AS A METHOD OF PAYMENT THE FOLLOWING:-
MasterCard, Visa, Amex, Switch, Direct Debit, Cheque, Postal Order
4.2 As agreed between CD Pool and the customer, the customer will pay all sums due under these terms in full before the products are delivered to the customer.
4.3 Prices are subject to change without notice.
4.4 The customer's obligations under the terms of clause 4 shall not be satisfied until CD Pool is in receipt of cleared funds.
4.5 Unless as part of any scheme or arrangement operated by CD Pool shall not offer the customer any discounts.

5. LIABILITIES
Any of the statements, recommendations, advice and opinions made or expressed, including any statements, referred to or contained, in any CD Pool website, email, correspondence, online message boards, leaflets and the like are made or expressed in good faith and on the bases of information available to CD Pool at that time. No statement, recommendation, advice, opinion or any other communication whatsoever is deemed to be a representation, undertaking, warranty, guarantee or contractual obligation on the part of CD Pool. CD Pool will not be liable to compensate the customer for any loss of anticipated profits, damage to the customer's reputation or goodwill, loss of expected future business or any damages, costs or expenses incurred by third parties who are not customers. In addition, CD Pool shall not be liable to the customer in respect of any losses suffered by the customer where such losses were not reasonably foreseeable to both CD Pool and the customer when the contract was made and CD Pool shall not be liable for any losses incurred by the customer unless such loss was caused by any breach of these terms or otherwise on the part of CD Pool.

6. FORCE MAJEURE
6.1 If performance of CD Pool's obligations are delayed or hindered by Force Majeure the following provisions will apply.
6.1.1 CD Pool will as soon as reasonably practicable give the customer notice of the reasons for the delay or hindrance. However, failure to give such notice will not prevent CD Pool relying on the remaining provisions of this clause, and CD Pool will incur no liability for failure to give such notice.
6.1.2 CD Pool's duty to deliver the products shall be suspended for as long as the circumstances amounting to Force Majeure continue, and the time for performance of CD Pool's obligations shall be extended by a period equal to the duration of those circumstances.

7. ARBITRATION
Any question concerning the construction, meaning or effect of these terms, or any dispute concerning the rights or liabilities of the parties under these terms may, unless resolved between CD Pool and the customer, be referred to arbitration, which CD Pool and the customer acknowledge shall be governed by the Arbitration Act 1996. Any arbitration process will however be voluntary and the customer shall not be forced to take part.

8. INTELLECTUAL PROPERTY
The customer shall not be entitled to use or copy the trademarks, "CD Pool" "The CD Pool" any other trademarks or trade names used by CD Pool or copyright works or any other intellectual property either registered owned or used by CD Pool without prior written consent of CD Pool. The contents of CD Pool's website including all images. text and sounds thereon, unless otherwise specifically stated, are the exclusive intellectual property of CD Pool.

9. APPLICABLE LAW
These terms shall be construed and receive effect in accordance with the law of England and CD Pool and the customer agree to propagate the exclusive jurisdiction of the English Courts.

10. COMPLAINTS
All complaints received by CD Pool shall be acknowledged within five working days and CD Pool shall at that point of acknowledgement provide to the customer a reasonable estimate of the timescale involved in handling and resolving any such complaint. CD Pool shall keep the customer informed as to the progress of his complaint. Your statutory rights are not affected.