SOUND – AFFAIR TERMS AND CONDITIONS
Sound Affair Av Ltd
Registered in England No. 8265945
Registered Office Lynnem House, 1 Victoria Way, Burgess Hill, West Sussex, RH15 9NF.
020 8551 8450
Welcome to Sound-Affair! This page tells you the terms and conditions on which we supply any of the products listed on our website (www.sound-affair.com) to you (the “Products”). Please read these terms and conditions carefully before ordering any Products from the website. You should understand that by ordering any of our products from our website, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1 Information About Us
Our website is operated by Sound-Affair in the UK.
2 Service Availability
We accept orders for delivery in the UK and the EU, but different shipping charges apply for delivery to EU countries other than the UK. We also accept orders for most International destinations but again different handling, shipping and duty regimes apply (see the shipping and handling information on our website or call customer services for detailed information).
Please note that you must comply with any applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of such laws.
3 Your Status
By placing an order from our website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
4 How The Contract Is Formed Between You And Us
When you place an order whether by post, fax, telephone or via the internet, together with appropriate payment and payment method (see condition 8.6), it constitutes an offer to us to buy a Product and is subject to acceptance by us. We will not accept your order until we have checked the availability of stock in our warehouse and are happy that we can fulfil the order.
If you place an order via our website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
We will process orders for shipment provided stocks are either currently available or likely to be so within the next 7 working days.
If the product is likely to be delayed beyond 7 working days, we will write to you to inform you of the likely delivery date and will take instructions from you as to how you would like to proceed.
A dispatch confirmation will be included with the shipment but if you provide us with a valid e-mail address we will send you an electronic confirmation of dispatch.
The contract between us will only be formed, and you will only be charged, when the Products are dispatched from our warehouse (the “Contract”).
The Contract will relate only to those Products whose dispatch we have confirmed in accordance with this condition 4. We will not be obliged to supply any other Products which might have been part of your order until the dispatch of such Products has been confirmed.
5 Consumer Rights
Under the Distance Selling Regulations, if you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund for the price paid for the Products in accordance with condition 9 below.
If you are contracting as a consumer, you may also cancel a Contract in accordance with our Guarantee, in which case you will receive a refund of the price paid for the Products in accordance with our Guarantee (set out in condition 9 below).
These conditions do not affect your statutory rights.
Subject to condition 9.2, to cancel a Contract under condition 5.1 or 5.2, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own risk and cost.
6 Availability and Delivery
We will make every endeavour to fulfil your order within 7 working days unless we otherwise notify you by telephone, in writing or by e-mail that there is a longer lead time from our supplier, in which case we will inform you of the expected delivery date, or if we are no longer able to supply the Product at all. You will not be charged until we dispatch the Product and you have the right to cancel your order if the revised delivery date is not acceptable for whatever reason.
7 Risk and Title
Any instructions we may have on our web site i.e. ‘How To’ YouTube Videos are for you and your qualified technician to achieve the fix or result you are targeting and we must stress that no work whatsoever should be carried out by unqualified persons. A qualified technician or an electrician should always be used and if this advice is not taken then we at Sound-Affair take no responsibility for equipment damage or personal injury.
Risk in all Products purchased from us will pass to you on delivery.
Ownership of the Products will only pass to you when we receive full payment in cleared funds of all sums due in respect of the Products, including delivery charges.
8 Price and Payment
The price of any Products will be as quoted on our website (as applicable) from time to time, except in cases of obvious error.
These prices exclude delivery costs, which will be added to the total amount due (as set out in our Guide to Delivery and Shipping Charges (this is available on our website or by calling customer services) and on the order form in our catalogues.
Prices are liable to change at any time, but changes will not affect orders which we have already dispatched to you.
Our web site contain a large number of Products and it is always possible that, despite our best efforts, some of the Products listed might be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated in our website, we will not charge you the higher price unless we have contacted you for instructions before dispatching the Product.
We are under no obligation to provide the Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
We accept payment with American Express, Visa, Mastercard and Maestro. If you wish to send your orders via Royal Mail, we also accept cheques, bank draft or Postal Orders. We will not charge your credit or debit card until we dispatch your order.
9 Our Refunds Policy/Guarantee
We will refund your money on any purchase that is not satisfactory in accordance with our Guarantee – We will not cover on the Guarantee any damage caused by abuse or damage or ware and tear of consumables eg. Blown speakers,laser replacements and other items that need replacing due to normal use – these items will be replaced and charged accordingly – Postage will be charged both for the return and outward journey of all Guarantee work.
Where it is not possible to identify the money that you paid if the sale is not recorded on our mail order or internet computer systems or if no proof of purchase is provided otherwise, we reserve the right to refund by credit note and only at the last/lowest price at which the Product was offered for sale.
Products returned by you because of a defect will be refunded in full, excluding a refund of the delivery costs and the costs incurred by you of returning the item to us. Should you wish to order a replacement product it will be sent to you and postage charged accordingly – All returned goods MUST be returned in original packaging and a Carrier used who insures the goods for the full amount of their worth . If you no longer have the original CORRECT packaging then it can be purchased from Sound-Affair.
Products returned by you pursuant to the Distant Selling Regulations and in accordance with condition 5.1 within the seven day cooling off period will be refunded in full, excluding the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
10 Our Liability
We warrant to you that any Product purchased from us from our website is of satisfactory quality.
Subject to condition 10.3, our liability in connection with any Product purchased from our website is strictly limited to the purchase price of that Product.
Nothing in these conditions is intended to exclude or limit in any way our liability: for death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability. Your statutory rights are not affected.
Subject to condition 10.3, we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11 Import Duty
If you order Products from our website for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and/or taxes.
Please note that we have no control over the charges referred to in condition 11.1.
12 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you in writing if necessary or by e mail or telephone but only in conjunction with your purchase as appropriate. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Directors of Sound-Affair. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our website (www.sound-affair.com), 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14 Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15 Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and/or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 13 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18 Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19 Our Right To Vary These Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Products in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products.
At Sound-Affair we are committed to protecting your privacy to comply with the data protection laws applicable to England and Wales. We use information collected from you to process orders and to provide an enhanced shopping experience for you. .
21 Law and Jurisdiction
Contracts for the purchase of Products from our catalogue or our website will be governed by English law. Any dispute arising from, or related to such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.