Terms and Conditions
|Terms and Conditions
These Terms and Conditions are effective from 25.06.14 until further notice.
You, the Customer a person or company buying Products from us.
Consumer a private person buying Products for private use. If you are a Consumer, please find your specific rights and exceptions in Section 15.
Audio Emotion Ltd (us, our) the Product vendor as identified on your invoice and, where relevant, Service Provider.
Order Confirmation formal acknowledgment of Product ordered by you, sent by Audio Emotion Ltd.
Price stated in Order Confirmation.
Product as described in Order Confirmation.
This Agreement applies to this sale, Service and all statements made by Audio Emotion Ltd in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Audio Emotion Ltd in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
Quotations are only valid in writing and during the period that they state. If unstated, the period is 10 days. Orders may be received by writing, internet, telephone or fax but are only binding when accepted by Audio Emotion Ltd in a written Order Confirmation or when taken face to face in our shop. Please check the Order Confirmation and notify Audio Emotion Ltd of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement.
4. Price & Payment Terms
Products and Service Offering prices, tax, shipment, insurance and installation are as shown on your invoice. Changes to duties, insurance, freight and purchase costs (incl. for components and Services) may cause Audio Emotion Ltd to adjust prices accordingly. Payment will be made before supply or Service or, if agreed, within 30 days of the invoice date without further notice from Audio Emotion Ltd.
Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Audio Emotion Ltd may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Audio Emotion Ltd agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Audio Emotion Ltd may sue for the Price before title passes. If you refuse delivery without Audio Emotion Ltd agreement, you must pay our expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.
When you receive Product you must inspect it for any defects or damage before signing for the product. Audio Emotion Ltd will not be liable for any delivery damage reported after the goods have been signed for. Non-conformity must be reported within 7 days. After this period, you will have accepted the Product. If Audio Emotion Ltd agrees to the return of Product out with this period at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you. Please note cosmetic damage must be notified within 24 hours of delivery.
Unless otherwise stated, Audio Emotion Ltd guarantees to you that Product will be free from defects(excluding valves which have a 60-day warranty, remote controls which carry a 90 day warranty, and CD Lasers/Mech’s which carry a 3 month warranty) for 3 years from delivery on new items and a total of 3 months on used/pre-owned (first owner only terms and conditions apply* - please ask for full details) and for repairs including spare parts once fitted for 90 days from installation or delivery date, whichever is the earlier. Should Product be defective within this period, Audio Emotion Ltd will repair or replace Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances.
Audio Emotion Ltd does not give a warranty guarantee protection for:
Damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself; Damage caused by any party or other external force; for example components damaged by a mains spike or surge.
Collection and Delivery charges are the responsibility of the customer.
Fitness for any particular purpose;
Electrostatic panels supplied from 12.03.10 are not covered outwith manufacturers own warranty specification under the terms of this warranty.
You must provide Audio Emotion Ltd with all reasonable courtesy, information, cooperation, facilities and access to enable Audio Emotion Ltd to perform duties, failing which Audio Emotion Ltd shall not be obliged to perform any Service or assistance.
Please note that your calls to Audio Emotion Ltd may be monitored for training purposes.
*In the event that spares are no longer available for whatever reason Audio Emotion will not be liable for the repair of that product under the terms of the warranty. Computer / IT equipment is only covered by the standard manufacturers warranty, normally 12 months from purchase.
Will be provided by Audio Emotion Ltd or Service Provider. Response times are estimates and may vary according to the remoteness or accessibility of Product location. Service may be provided via telephone or internet where appropriate. You must allow Audio Emotion Ltd to examine Product at your or our premises (at our choosing). Audio Emotion Ltd owns any replaced Product or parts resulting from repair and will charge Customer if these are not returned upon request.
Unless stated in Service Offering, the following are excluded from Service: work outside local working hours, weekends or on public holidays, items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables, unnecessary work in Audio Emotion Ltd assessment, electrical environment, transfer of data or Software, viruses. 3rd Party Products will be repaired according to manufacturer or licensor warranty. Parts not critical to Product function (e.g.: hinges, doors, cosmetic features, frames) may not be serviced within Service Offering time period.
Audio Emotion Ltd accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of Audio Emotion Ltd, Service Provider or our employees, agents, subcontractors. Except for death/personal injury, this liability is limited to the lesser of £250,000 or Price.
We does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by us within reasonable time, 4) loss avoidable by you through reasonable conduct, including backing up all data and following our reasonable advice generally, 5) all items excluded from the Warranty or by Force Majeure.
10. Force Majeure
Audio Emotion Ltd is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be enleadind to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
Each party must treat all information received from the other marked “confidential” or reasonably obvious to be confidential as it would treat its own confidential information.
Audio Emotion Ltd may terminate this Agreement with immediate written notice if you: 1) fail to pay on time. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
13. Your obligations as a Customer
You are responsible for:
Your own choice of Product and its suitability for purpose;
Your telephone & postal charges in contacting us, if any;
You must provide us with all reasonable courtesy, information, cooperation, facilities and access to enable us to perform duties, failing which we shall not be obliged to perform any Service or assistance. Please note that your calls to us may be monitored for training purposes.
14. Data Protection
Your data will be held and/or transferred in strict accordance with the applicable data protection laws. You may instruct us not to use your data for direct marketing purposes.
15. Consumer Rights - Applies to Distance Selling Only.
15. Consumer Rights - Applies to Distance Selling Only.
If you are a Consumer you may cancel your purchase at any time within 14 working days of receipt without cause and receive a refund of the price paid. The notice of cancellation shall be addressed to Audio Emotion by Letter: Audio Emotion Ltd, Unit 2 Banbeath Court, Banbeath, Leven, Fife, Scotland, KY8 5HD or E-Mail: firstname.lastname@example.org (See example template below). You must return the products immediately, in the same condition you received them and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement*.This does not apply to any business customer or user. Goods that were a special order or that have been personalised in any way do not qualify. Goods returned in a used condition or goods that have been marked or damaged in any way will not be accepted under the terms of this legislation. In addition, where we have taken a part exchange item a cash value will not be given under the terms of this clause and a credit note issued. However any cash paid in addition to the part exchange value will be refunded.
Please be aware that there are certain colour finishes on loudspeakers that do not qualify under the terms of this agreement: Any white finish, gloss or otherwise, any special order finish outwith standard range colours. This applies to all electronics too.
Please be aware that the AURALiC Aries Mini if ordered with an internal hard drive represents a bespoke order, and therefore is non-cancellable.
To Audio Emotion, Unit 2 Banbeath Court, Banbeath, Leven, Fife, Scotland KY8 5HD. E-Mail: email@example.com :
I/We[*] hereby give notice that I/we[*] cancel my/our[*] contract of sale of the following goods/for the supply of the following service[*],
Name of consumer(s),
Address of consumers(s),
Signature of consumer(s),
[*] delete as appropriate
Scottish law and the exclusive court jurisdiction of the Scottish courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. We may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
18. 14 day exchange
Conditions regarding 14-day distance selling regulations as detailed in section 15 above apply. In addition, goods may only be exchanged for stock items of a similar or greater value. No cash refund will apply. This does not affect your statutory rights in any way. Only one exchange allowed. In other words, if you exchange an item under the terms of the 14-day plan, you may not then subsequently exchange the exchange item for another item. Please note that additional delivery/collection charges may apply.
19. Part Exchange Equipment
Where you are part exchanging equipment with us, it is your responsibility to ensure that they are correctly packaged using the original manufacturers packaging, prior to us collecting the goods. Items not packed correctly may incur damage in transit and as such, may then be ineligible as a part exchange item. In the event of goods arriving damaged due to miss-packing, we will either return these or you may be able to pay the additional cost to have them repaired. Where goods cannot be repaired cost effectively, then we may agree a reduced value with any shortfall made as a separate payment - please ask for full details.
If we are selling the goods on your behalf, then we charge 20% commission on the sale - the goods are still fully owned by you until we have paid you in full.
20. 30-day home trial
Purchasers participating in the 30-day home trial programme (available only on certain products or by prior agreement) can benefit from being able to fully establish the suitability of that product for their needs. In the event that product does not suit your needs, then you can return the product to us in full value refund. The goods must be returned in as new condition and you will be responsible for the full return cost to us. Anything provided free as part of that offer, must also be returned and equally, be in as new condition. Goods returned that are marked or damaged in any way, or where there are items missing, or items that were a special order (e.g. personalised in any way, including a special colour order e.g. any white finish on loudspeakers) will not be eligible under the terms of this programme. To return goods, you must firstly notify us in writing of your intention to return the goods. You will at that point be provided with an RMA number that you must quote in any correspondence. The trial period commences from actual shipping date of the goods to you. The goods must be returned to us by the 30th Calender day thereafter. Goods arriving outside that period will not be eligible for return. Please note that where a part exchange has been received and that part exchange item(s)has been sold during your trial period and you decide to exercise your return option, then a credit note to the value of the part exchange will be issued. Any additional money received in payment of the goods will be refunded in full. The 30-day period ceases to operate where you have agreed to keep the goods during the above period. This avoids any issues with part exchanges being sold. Occasionally we may agree to an extension period where you may still be unsure. Please note this will then supersede the existing agreement and will commence from the date which it is agreed. e.g where you are say 27 days into an evaluation period and we grant another 7-days, this would start from the date the extension is agreed and is not in addition to the 30-day period. Again please note that with an extension period, goods must be returned and in our possession by the last day of that period. Goods arriving outside that date will not be eligible for return.
21. Diminished condition
Where goods arrive back in ‘used’ condition with marks/scratches or any damage including damage to internal packing or items missing we may exercise one of the following at our discretion. 1) The goods will be returned to the customer. 2) We will issue a credit note and take the goods back into stock. 3) a cash adjustment will be made based upon the diminished value - however these are a guide only and each case will be viewed on its own merits. This does no effect your statutory rights in any way.
22. Custom made/built products
Where an item is custom built or manufactured in a non standard specification, no refund will apply under distance selling regulations or under any normal money back offer for standard components. This also includes custom finance arrangements agreed between Audio Emotion and the customer. This does not affect your statuatory rights.
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We use both “session” cookies and “persistent” cookies on our websites. We will use the session cookies to: keep track of you whilst you navigate the website; and to monitor user behaviour for statistical and marketing purposes. We will use the persistent cookies to: enable our website to recognise you when you visit;
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.
24. Insurance cover payment - Home demo
At times it may be necessary for the customer to pay an amount against insurance loss if items are to be sent for demonstration. Details of this will be given to the customer prior to shipment.