Terms and Conditions
last updated March 2016
This section tells you about the terms and conditions of our service and about the supply of any goods featured on our website(s). Please read these terms and conditions carefully before ordering or taking delivery of any products ordered from our website. Please be aware that by ordering any of the products listed on our site(s), you are entering into a consumer contract with us to supply the products requested. (These are supplied under the Consumer Contract Regulations 2013 – formerly covered by the Distant Selling Regulations) You agree to be bound by these terms and conditions.
Placing an Order
By placing an order through our website(s), you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
When you place an order to purchase a product from PoliceWitness.com or any associated website, we will email you on our behalf confirming receipt of your order, containing the details of your order and where you would like it delivered.
Your order represents an offer to us to supply a product, for which we thank you, and which is accepted by us when we send email confirmation to you that we have dispatched the order to you. Any products on the same order which we have not been confirmed in our dispatch confirmation do not form part of that contract, until it too has been dispatched.
For your protection, a contract will not be made if there is any legal reason why this is not possible e.g. attempted fraud, minimum age etc. Also, for your further protection, the information you provide will be subject to identity and fraud prevention checks.
Prices and Payment
All prices are inclusive of VAT at the current rate unless otherwise stated. Delivery charge is not included in the price. Prices quoted are correct at time of entering information. We reserve the right to change prices and specification of any item on the website at our discretion without prior notice or to withdraw any items at any time.
We will not be liable to you or anyone else for withdrawing any items from the website or refusing to process an order, however this will not affect any orders that have been accepted and subsequently dispatched.
Payment can be made on the website by MasterCard, Visa Credit Card and Delta Debit Card via WorldPay.
You confirm that the credit/debit card that is being used is yours or that you have full authority from the cardholder to use it. All credit/debit holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorise payment, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal. Authority for payment must be given at the time of order. Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment.
Prices that are reduced for sales and promotions are only valid for the specified period. The term ‘normal price’ is used to describe the retail selling price of a product.
Availability of Goods
All products offered are subject to availability. If the product you have ordered is not available from stock you will be contacted by email or telephone, if you have entered the relevant details, and you will have the option either to wait until the item is available or to cancel your order. A comparable product may be substituted in the event of a product being unavailable, subject to customer agreement.
If the goods you have ordered are not available from stock we will contact you by email. You will have the option to either wait until the goods are available from stock or cancel your order in accordance with our Cancellation and Returns Policy.
This does not affect your statutory rights.
When making an order through the website the steps you need to take (or have taken) to complete the order process are described here. (If you are reading these T&C’s after placing an order under Order Process).
To place an order with PoliceWitness.com, just follow the procedure below:
1. Choose the product you would like to purchase and click on either the title or image to display more information.
2. To add the item to your basket, click the ‘Buy Now’ button.
3. If you have clicked ‘Buy Now’ you will see your item in the shopping basket. If you wish to change the quantity please retype the quantity in the Qty box and then click the ‘Update’ button. If you wish to delete any item click the ‘Clear basket’ icon. You will then be asked to confirm this. If you wish to add more items to your basket click the ‘Go to Checkout’ button.
4. You are now on the checkout pages; you can either use a debit or credit card and checkout using WorldPay.
5. You will now be asked to enter your telephone number and email address.
6. You will now be asked to enter your payment details and choose your credit card type. Please check your order carefully and ensure that all the details entered are correct. DO NOT CLICK ON THIS BUY NOW BUTTON IF YOU DO NOT WISH TO BE BOUND BY CONTRACT TO PAY FOR THE GOODS.
7. You will receive an acknowledgement email from us acknowledging receipt of your order. THIS IS NOT AN ACCEPTANCE OF YOUR ORDER AND NO BINDING CONTRACT HAS BEEN MADE UNTIL THE GOODS ARE DISPATCHED.
Age of Consent
When placing an order you are declaring that you are the appropriate legal age to purchase the item and that the person accepting delivery of your order is aged 18 or over. If it is found that you are not legally entitled to order certain goods, we reserve the right to terminate all account facilities immediately, without notice, and we will not be obliged to complete the order.
Whilst most orders are dispatched (where possible) on a ‘next day’ basis, please allow up to 7 days from order confirmation for your order to arrive, unless otherwise stated by our customer service team. Due to the value of the products being delivered, ALL deliveries WILL require a signature. Most couriers will try more than once to deliver and leave a card should a delivery fail – however please note, where the delivery has failed on more than one occasion, a re-delivery charge may be payable to the courier.
On receipt of your order please inspect the goods thoroughly for any damage and notify PoliceWitness.com immediately but certainly no later than 48hrs from receipt of delivery.
Cancellation and Returns
Under Consumer Contracts Regulations 2013, if you change your mind or no longer wish to keep the unopened/unused product(s) you have chosen, your consumer rights entitle you to a full refund if you request one, in writing, within 14 days of receipt. This includes any delivery charge you have paid.
Whilst this sounds very formal, this written request is deemed as your intention to ‘cancel your contract’ with us under the Consumer Contract Regulations we are governed by. These regulations are in place to protect your interests, but also to safeguard our interests too. So here’s how:
1. To exercise your right to return the goods, you must inform us of your decision to cancel ‘your contract’ by a clear statement, including details of your name, address, details of the order you wish to cancel and where available, your phone number and email address.
You can do this by email by writing to: email@example.com or if you chose you can write to us at the postal address below.
314 Midsummer Boulevard
2. We will acknowledge your request to cancel in writing and provide you details of where to return the goods.
Customers should then return the items within 14 days of the cancellation, if you decide against keeping the goods, you must return them to us within 14 days of informing us of your decision to cancel your contract.
Please note you are obliged under the Consumer Contract Regulations to retain possession of the goods and take all reasonable care of them and their packaging so not to diminish their value. This includes taking all steps reasonably possible to safely package the items you are returning. We strongly recommend that the returned items are sent via registered / recorded delivery, so that you have proof of postage.
This is very important, as the regulations allow a supplier to deduct from a refund any reasonable costs so as to return the product to a saleable condition.
To clarify please observe the following points:
Please note you will be responsible for the cost of returning the item to us unless the item purchased was damaged or faulty when you received it. (If the product is deemed faulty you will of course receive a full refund.)
Where you have changed your mind, items must be returned in an unused condition with the original packaging intact. They should be in an ‘as new’ condition and in their original packaging with labels, stickers, screen protectors and lens protectors, cable ties etc. all attached and included.
Remember, it is your responsibility to ensure items are returned undamaged.
If reasonable care has not been taken which subsequently has diminished the value of the returned items, a deduction will be made to ‘make good’ the items for resale, and the amount deducted from your refund. This re-stocking fee can be up to 50% (brand dependent) of the total order value. The amount will be communicated in full to you prior to the refund being authorised.
The receipt or other valid proof of purchase must be returned with the unused item(s).
For peace of mind all returned products are checked thoroughly on return to the warehouse
In the event of the product being used, consumable items such as an SD card, smart power lead etc. where re-sale is not possible, or where accessories cannot be reused shall not be refunded.
You should ensure that any accessories or cables are connected and disconnected with care and in accordance with the instructions so as not to cause any damage to the delicate connecting pins.
Missing accessories will also be charged for, along with any damaged packaging.
Where you have instructed labour in terms of a camera fitting, the cost of fitting and/or removal (which was paid to a third party) will not be refunded.
Lifetime membership means no annual fees ever on the registered product for the duration that you use that product.
Membership only purchases
Lifetime membership is as it states, once a member you will never be asked for any further payment in order to report incidents to us. After the statutory cooling off period no refunds, pro rata or in full, are provided for standalone membership purchased individually via our shop.
Part of the PoliceWitness.com service is to evaluate the support provided by the various brand owners that we endorse. This is particularly relevant in the unlikely event your camera develops a fault. As you would expect all dash cams featured on our website have a minimum of a 12 month warranty. Should your product develop a fault we will work to resolve the issue with the brand owner/manufacturer either repairing or replacing the item free of charge. This providing of course that the fault isn’t deemed to have been caused through misuse or negligence. Please note that the cost of any posting and packaging in relation to a warranty claim within the warranty period is your responsibility.
Free or Promotional Items
Promotional or gift items included in your purchase are dispatched from a separate location. Please allow up to 14 days for the delivery of your item. Your item will be delivered to the same address as the delivery address you state at time of ordering. If the item is damaged or defective in anyway please contact us immediately and a replacement will be dispatched. Please note: no warranty is offered on these items. Any replacements are done so at our sole discretion.
Whilst we offer cheaper car insurance through our partner The Insurance Factory, this is dependent on a number of factors such as post code, number of years full clean driving licence held and other factors that influence the quoting process.
Professional Fitting Service
PoliceWitness.com does not provide a fitting service. Whilst we are happy to provide details of various installers who do install dash cams, you should do your own due diligence to ensure the installer meets your needs and standards. Any arrangement you have with an installer is a matter for you both.
IMPORTANT - To safeguard the manufacturer’s warranty PoliceWitness.com strongly advises all members to thoroughly test their camera before having it permanently installed and to check with the installer that they are insured to carry out such works. Vehicle compatibility should also be checked with the installer.
Please note that the cost of installing (and removing) and any defective device or part is not covered by the manufactures warranty. Any camera installed by an independent installer, recommended or otherwise, is done so at your own risk.
PoliceWitness.com does not accept any responsibility for any issue, howsoever arising, relating to a third party installation. Members agree to indemnify and hold harmless PoliceWitness.com from any and all losses or claims arising from issues following a hardwire installation.
We recommend hiring a fully qualified, professional and insured auto electrician to undertake any hard-wiring work on your vehicle. We would also urge you to video the camera fully working in its supplied state, stating clearly in the video the date and time. This provides evidence to the installer of a functioning camera prior to install should your camera not work post installation.
More legal stuff…
Abide by terms
By making use of our organisation, its services and website(s) you will be deemed to be aged 18 or over, and to have read and understood and agree to be bound by our terms and conditions. Where you are entering into an agreement on behalf of an organisation or company you confirm that you have the legal right to do so.
PoliceWitness.com reviews all incidents submitted by our members.
When reviewing video evidence of incidents our member’s interests are first and foremost.
Each piece of video evidence is reviewed on the likeliness of police action prior to submission to the relevant force. The purpose to confirm that the alleged offences are present, where the offences are present in the footage and that the member themselves has not committed any offences.
As such we do not guarantee that ALL incidents received are submitted to the police for prosecution. That said our track record exists having been instrumental in holding hundreds of bad drivers to account. Therefore wherever possible, incidents are submitted to the police with the view of a notice of intended prosecution being issued to the driver.
When using this website(s) you shall not post or send to or from this website any material:
(i) for which you have not obtained or own all necessary consents;
(ii) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(iii) which is harmful in nature, including and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of the preceding paragraph.
Third Party Goods
Where we take payment on behalf of our recognised approved suppliers, the goods will be dispatched from the approved suppliers warehouse, not our own. For these goods we do not manage the customer service side of the transaction and any queries about the product will be dealt with by the approved supplier.
Links to and from Other Websites
Any links to third-party websites located on this website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to or from this website, it is at your own risk.
If you would like to link to this website you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:
(i) You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
(ii) You do not misrepresent your relationship with us or present any false information about us.
(iii) You do not link from a website that is not owned by you.
(iv) Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with the law in the United Kingdom.
If you choose to link to our website in breach of the preceding paragraph you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Copyright and Trademark
Copyright and other intellectual property rights protect all text, images and graphics in, and the design of, this website. Permission is granted to users of this site to electronically copy and to print in hard copy portions of the website for the sole purpose of using this website as a shopping resource. Any other use or copying of the material on this website is strictly prohibited: no permission, express or implied, is given in any way whatsoever to do so.
Products and company names mentioned may be the trademarks or registered trademarks of their respective owners. No permission is granted in the respect of use of any of the above; such use may constitute an infringement of the holder’s rights.
As a user of this site you agree to indemnify both these parties against any claims, losses, expenses or liabilities which may be incurred as a result of your misuse or unlawful use of this web site or the server on which they are located including without limitation, arising from any spamming activity, defamatory statements, use of pornography or the infringement of intellectual property or other third party rights carried out by you for which you are responsible.
Each provision of these Terms & Conditions of Use shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.
And more legal stuff…
You warrant that:
You will use the website only in accordance with these Terms & Conditions of Use and only for lawful purposes and in a lawful manner
All information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities out of your use of the website.
You further agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any use of the equipment you purchase or otherwise acquire from PoliceWitness.com, or arising out of any acts or omissions on your behalf consequent to any advice or information on this website.
Where applicable, in the event that PoliceWitness.com represents you in terms of a Police Complaint, by accepting these terms and conditions you are agreeing to provide us with consent to represent you and indemnify The Public Witness Bureau from any and all liability.
Limitation of Liability
The website is provided to you on an ‘as is’ and ‘as available’ basis without any warranty being given in relation to the website including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of material uploaded or transmitted through the website.
We will not be liable in contract, tort, or negligence for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with the use of the website or supply of goods or, likewise, for any consequential or economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any special or indirect losses whatsoever. This does not exclude liability for breach of contract in the supply of goods where the limit of our liability shall be the purchase price of the goods.
Nothing in these Terms & Conditions of Use shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
PoliceWitness.com and/or their respective suppliers make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information contained in the documents and related graphics published in this site; or any of the products of whatever nature details of which appear on this site.
All such documents and related graphics are provided, and any such products (where ordered) are accepted by customers, ‘as is’ and without warranty of any kind other than as provided by the manufacturers.
Information contained in this site may contain technical inaccuracies or typographical errors. All liability of PoliceWitness.com howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
All brand names, product names and titles used in this site are trademarks or trade names of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.
This disclaimer does not affect your statutory rights as a consumer.
Whilst The Public Witness Bureau Limited, trading as PoliceWitness.com has a great knowledge, background and experience of the Police service, it does not represent the Police, nor purports to be associated, or connected with any part of the Police service. We act solely for and in the interests of those reporting incidents.
Changes to these terms and conditions
The Public Witness Bureau Limited, trading as PoliceWitness.com reserves the right to change these Terms and Conditions of Use at any time, and your continued use of the website following any change shall be deemed to be your acceptance of such change. It is your responsibility to check the Terms and Conditions of Use regularly for changes. If you do not agree with any change to the Terms and Conditions of Use you must immediately stop using the website.
Law and jurisdiction
These Terms and Conditions of Use shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English court. If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in all or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
Resolving any dispute you might have
In the unlikely event you encounter any problems with PoliceWitness.com, in the first instance please do contact us directly: firstname.lastname@example.org
If you are in the EU, you also have access to the Online Dispute Resolution Platform. This EU-wide platform aims to facilitate the online resolution of contractual disputes between EU consumers and traders over purchases made online. For further information and help, visit: http://ec.europa.eu/consumers/odr/
PoliceWitness.com is a website name of the Public Witness Bureau Limited.
314 Midsummer Boulevard
Telephone: 01908 44 00 77
Registered in England and Wales, Company number 7546285
VAT number 109 8559 81