Terms and Conditions
1) Definitions
You, the Customer a person or company buying Products from us.
Consumer a private person buying Products for private use .The AudioSalon
(us, our) the Product vendor as identified on your invoice and, where
relevant, Service Provider.
Order Confirmation formal acknowledgement of Product ordered by you,
sent by the AudioSalon.
Price stated in Order Confirmation.
Product as described in Order Confirmation.
2) Application: This Agreement applies to this sale, Service and all statements made by the AudioSalon in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by the Audio Salon in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
3) Quotations/Orders/Contract: 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 the Audio Salon in a written Order Confirmation or when taken face to face in our shop. Please check the Order Confirmation and notify the Audio Salon 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 the Audio Salon 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 the Audio Salon.
5) Delivery/Title/Risk: 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. The Audio Salon may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become the Audio Salon agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. The Audio Salon may sue for the Price before title passes. If you refuse delivery without the Audio Salons 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.
6) Acceptance: When you receive Product you must inspect it for any defects or damage before signing for the product. The Audio Salon 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 the Audio Salon 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.
7) Warranty : Unless otherwise stated, the Audio Salon guarantees
to you that Product will be free from defects for 12 months from delivery
and spare parts for 90 days from installation or delivery date, whichever
is the earlier. Should Product be defective within this period, the Audio
Salon 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.
the Audio Salon 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; Fitness for any particular purpose;
You must provide the Audio Salon with all reasonable courtesy,
information, cooperation, facilities and access to enable the Audio Salon
to perform duties, failing which the Audio Salon
shall not be obliged to perform any Service or assistance.
Please note that your calls to the Audio Salon may be monitored
for training purposes.
8) Services: will be provided bythe Audio Salon 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 the Audio
Salon to examine Product at your or our premises (at our choosing). the
Audio Salon 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 the Audio Salon
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.
9) Liability: The Audio Salon accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of the Audio Salon, 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: The Audio Salon 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.
11) Confidentiality: 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.
12) Termination: The Audio Salon 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: If you are a Consumer you may cancel your purchase at any time within 7 working days of receipt (mail order only)without cause and receive a refund of the Price paid. To do this you must inform us in writing and 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.If exchanging goods under the 14-day exchange, goods may only be exchanged for another stock item of similar value or greater value.(no more than 10% lower value) To do this you must inform us in writing and return the products immediately, in the same condition you received them and at your own cost and risk.
16) Jurisdiction: 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
17) Miscellaneous: 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.
