Terms & Conditions

Terms and Conditions – The Acoustics Store Limited (“The Seller”)
  

DEFINITIONS 

1.1. In these Conditions, unless the context permits otherwise:

• “Buyer” refers to the person or company who accepts Seller’s Quotation for the sale of the Goods or whose Order for the Goods is accepted by Seller, including Consumers.
• “Conditions” are the standard terms of sale set out in this document, including any applicable special terms agreed in writing between the Buyer and Seller.
• “Consumer” has the meaning given to it under Clause 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 No. 3134.
• “Contract” signifies the contract for the sale and purchase of the Goods.
• “Goods” represent the goods (including any instalment of the goods or any parts for them) which The Seller is to supply or has supplied in accordance with these Conditions.
• “In Writing” means a written communication on paper or email signed by an officer of the sender (the Buyer or The Seller)
• “Order” denotes the written order placed by the Buyer requesting the Goods.
• “Quotation” refers to the document or correspondence provided by Seller to the Buyer setting out the Goods to be provided.
• “The Seller” means The Acoustics Store Ltd (registered company number: 15598119) and Registered Office Qictrims, Radclive Road, Gawcott, Buckingham, Buckinghamshire, MK18 4BL.

1.2. A reference in these Conditions to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3. The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. GENERAL

2.1. By placing an order and purchasing goods through the Seller, the Buyer agrees to The Acoustics Store’s Terms & Conditions.

2.2. The Seller will handle the Buyer’s personal data according to its privacy policy.

2.3. Any required notice under these conditions must be In Writing and addressed to the other party’s registered office or principal place of business.

2.4. The seller’s waiver of any breach by the Buyer shall not waive subsequent breaches.

2.5. If any provision of the contract is deemed invalid or unenforceable, it will not affect the validity of the other provisions.

2.6. The contract is governed by English law, and the Buyer submits to the exclusive jurisdiction of English courts for any disputes.

3. BASIS OF THE CONTRACT

3.1. The Seller shall sell, and the Buyer shall purchase the goods in accordance with Seller’s quotation (if accepted by the Buyer), or the Buyer’s order (if accepted by The Seller), subject in either case to these conditions, which shall govern the contract to the exclusion of any other terms.

3.2. No variation to these conditions shall be binding unless agreed In Writing between the authorised representatives of the Buyer and The Seller.

3.3. The Seller’s employees or agents are not authorised to make representations concerning the goods unless confirmed by The Seller In Writing. The Buyer acknowledges that it does not rely on unconfirmed representations, but nothing in these conditions affects liability for fraudulent misrepresentation.

3.4. Any advice or recommendation given by The Seller or its employees or agents regarding the storage, application, or use of the goods, if not confirmed In Writing by The Seller, is followed or acted on entirely at the Buyer’s own risk. The Seller shall not be liable for such unconfirmed advice or recommendation.

3.5. Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by The Seller shall be subject to correction without liability on the part of The Seller.

3.6. By placing an order and purchasing goods through The Seller, the Buyer agrees to Seller’s Terms & Conditions.

4. ORDERS AND SPECIFICATION

4.1. No order submitted by the Buyer shall be deemed accepted by The Seller unless and until confirmed in writing by The Seller’s authorised representative.

4.2. The Buyer shall be responsible to The Seller for ensuring the accuracy of any order (including any applicable specification) submitted by the Buyer and for providing necessary information relating to the goods within sufficient time for The Seller to perform the contract.

4.3. The quantity, quality, description of the goods and any specification shall be as set out in The Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by The Seller).

4.4. The Seller reserves the right to make changes in the specification of the goods required to conform with statutory or E.U. requirements or, where the goods are to be supplied to Buyer’s specification, which do not materially affect their quality or performance.

4.5. Subject to clause 11, no accepted order may be cancelled by the Buyer except with the agreement In Writing of The Seller and on terms that the Buyer shall indemnify The Seller against all loss, costs, damages, charges, and expenses incurred due to cancellation.

4.6. The Seller may provide samples, descriptions, drawings of the products or advertising catalogues or brochures on our website or on request, solely to provide an approximate idea of the described products.

4.7. Certain samples are subject to a small charge, notified when the sample is requested. Such charge for certain samples will be refunded when a full order is made, limited to one per Buyer and per order.

5. PRICE

5.1. The price of the Goods shall be The Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in The Seller’s published price list current at the date of acceptance of the Order. All prices quoted are valid for [30] days only, unless specified differently on the quotation or until earlier acceptance by the Buyer, after which time they may be altered by The Seller without giving notice to the Buyer.

5.2. The Seller reserves the right to increase the price of the Goods to reflect any increase in the cost to The Seller which is due to any factor beyond the control of The Seller such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials, or other costs of manufacture, any change in delivery dates, quantities, or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give The Seller adequate information or instructions.

5.3. Except as otherwise stated in The Seller’s Quotation or in any price list of The Seller, and unless otherwise agreed In Writing between the Buyer and The Seller, all prices are given by The Seller on an ex works basis, and where The Seller agrees to deliver the Goods otherwise than at The Seller’s premises, the Buyer shall be liable to pay The Seller’s charges for transport, packaging, and insurance.

5.4. The price is exclusive of any applicable Value Added Tax, which the Buyer shall be additionally liable to pay to The Seller.

6. PAYMENT

6.1. Subject to any special terms agreed In Writing between the Buyer and The Seller, The Seller may invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event The Seller shall be entitled to invoice the Buyer for the price at any time after The Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) The Seller has tendered delivery of the Goods.

6.2. Where credit has been approved by The Seller, Payment Terms are strictly before the end of month following the month in which the invoice is issued. The Buyer shall pay the price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction), and The Seller shall be entitled to recover the price and any applicable Value Added Tax, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price and any applicable Value Added Tax shall be of the essence of the Contract. Receipts for payment will be issued only on request.

6.3. If the Buyer fails to make any payment on the due date, then without limiting any other right or remedy available to The Seller, The Seller may:

6.3.1. cancel the contract or suspend any further deliveries to the Buyer.

6.3.2. appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and The Seller) as The Seller may think fit (notwithstanding any purported appropriation by the Buyer).

6.3.3. charge the Buyer interest (both before and after any judgment) on the amount unpaid under the Late Payment of Commercial Debts (Interest) Act 1998.

6.3.4. charge the Buyer an amount for third-party services engaged for the purposes of recovering the amount unpaid; and recovering the amount unpaid.

6.3.5. without limitation to 6.3.4, charge the Buyer for any legal fees reasonably and properly incurred in recovering the amount unpaid.

7. DELIVERY

7.1. The Buyer may collect the Goods from the Seller’s premises once notified by The Seller that the Goods are ready for collection. Alternatively, if another delivery location is agreed upon, the delivery is considered complete when the Goods are delivered to that location.

7.2. Any delivery dates provided are approximate, and The Seller shall not be held liable for any delays in delivery, regardless of the cause. Time for delivery is not considered essential to the Contract.

7.3. In cases where Goods are to be delivered in multiple instalments, each delivery constitutes a separate contract. Failure to deliver one or more instalments does not entitle the Buyer to treat the entire Contract as terminated.

7.4. Should the Buyer fail to take delivery of the Goods or provide adequate delivery instructions at the agreed time (excluding reasons beyond the Buyer’s control or The Seller’s fault), The Seller reserves the right to store the Goods and charge the Buyer for any additional storage and redelivery costs reasonably incurred.

7.5. If the Buyer requires a non-standard delivery, such as specific vehicle specifications or guaranteed offloading capabilities, the Buyer must communicate these requirements at the time of placing the order. Additional costs and changes to the lead time may apply.

8. INSPECTION

8.1. Upon unloading or collection, the Buyer is responsible for inspecting the Goods.

8.2. Any damages must be noted on the delivery note, and photographic evidence should be taken before the driver departs. The Buyer must promptly communicate any damages to the Seller.

8.3. If there is a claim for short delivery, the Buyer must notify the Seller by telephone immediately and provide written notice within 24 hours of unloading. Shortages must be noted on the delivery note.

8.3.1. Failure to provide timely notice will result in the Goods being deemed delivered as per the delivery documents, and the Buyer waives the right to reject the Goods or claim damages for short delivery.

8.3.2. The Seller’s liability for short delivery is limited to rectifying the shortage.

8.4. Should it be apparent upon reasonable inspection that the Goods do not conform to the Contract, or there are defects in quality or condition, the Buyer must notify The Seller immediately by telephone and provide written notice within 3 days of delivery.

8.4.1. Failure to provide timely notice will result in the Goods being deemed accepted, and the Buyer waives the right to reject them.

8.4.2. In case of failure to provide timely notice, Clause 9 shall apply.

9. RISK AND OWNERSHIP

9.1. The risk of damage or loss to the Goods transfers to the Buyer under the following circumstances:

9.1.1. For Goods to be collected at The Seller’s premises and The Seller notifies the Buyer of their availability for collection and a date is agreed for their collection, risk passes to the Buyer on the agreed date.

9.1.2. For Goods to be delivered elsewhere, risk transfers upon delivery, or if the Buyer wrongfully fails to take delivery, at the time when delivery is tendered.

9.2. Notwithstanding delivery and risk transfer, ownership of the Goods remains with The Seller until full payment is received for the Goods and any other agreed-upon goods.

9.3. Until ownership passes to the Buyer, the Buyer must hold the Goods as The Seller’s fiduciary agent, keeping them separate, properly stored, protected, insured, and identified as The Seller’s property.

9.4. The Seller reserves the right to demand the return of the Goods at any time until ownership passes. Failure by the Buyer to comply allows The Seller to repossess the Goods from any premises where they are stored.

9.5. The Buyer cannot pledge, create a lien, or charge the Goods as security for any indebtedness while they remain the Seller’s property. Doing so will result in immediate payment of all outstanding sums owed to The Seller.

10. SPECIAL TERMS FOR CONSUMERS

10.1. This clause applies if the Buyer is a Consumer.

10.1.1. Consumers have the right to cancel the contract under certain conditions as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

10.1.2. However, this right does not apply to certain Goods, including made-to-order, personalised, or perishable Goods, or those not returnable under the manufacturer’s return policy.

10.1.3. If the right to cancel applies, it must be exercised within 3 days after delivery.

10.1.4. Notice of cancellation should be given In Writing to The Seller, with details of the Goods ordered.

10.1.5. If cancellation occurs after delivery, the Buyer bears the cost of returning the Goods and may incur a restocking fee.

10.1.6. Failure to return the Goods as required makes the Buyer liable for the full price including any applicable value-added tax.

11. WARRANTIES

11.1. The Seller will endeavour to transfer any manufacturer’s warranty or guarantee to the Buyer.

11.2. The Seller does not provide warranties for the Goods. Any warranties are provided by third-party vendors subject to their terms and conditions.

11.3. Unless expressly provided in these Conditions, all implied warranties, conditions, or terms are excluded to the maximum extent permitted by law.

11.4. If statutory provisions imply warranties that cannot be excluded, The Seller’s liability for breach of the Contract is limited to either replacing the Goods, paying for replacement or repair costs, as determined solely by The Seller.

12. LIABILITY

12.1. Except for liability for death or personal injury resulting from The Seller’s negligence, defective products under the Consumer Protection Act 1987, or liability under Section 12 of the Sale of Goods Act 1979, The Seller shall not be liable to the Buyer for any indirect, special, or consequential loss or damage, including loss of profit, arising from the supply, use, or resale of the Goods.

12.2. The Seller shall not be held liable or considered in breach of the Contract for any delay or failure in performing its obligations due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, or machinery breakdown.

13. INSOLVENCY OF THE BUYER

13.1. This clause applies if:

13.1.1. The Buyer makes a composition or voluntary arrangement with its creditors, becomes bankrupt, enters administration, or goes into liquidation.

13.1.2. An encumbrancer takes possession or a receiver is appointed over any of the Buyer’s assets.

13.1.3. The Buyer ceases or threatens to cease its business operations.

13.1.4. The Seller reasonably believes that any of the above events will occur and notifies the Buyer accordingly.

13.2. In such cases, the Seller may cancel the Contract or suspend further deliveries without liability to the Buyer. If Goods have been delivered but not paid for, the price becomes immediately due and payable.

14. ANTI-BRIBERY

14.1. The Buyer must not engage in any act or omission that would place The Seller in breach of the Bribery Act 2010.

14.2. The Buyer must comply with the Bribery Act 2010 and implement adequate procedures to prevent breaches.

15. INTELLECTUAL PROPERTY

15.1. All intellectual property rights related to the Seller’s website, including but not limited to trademarks, trade names, logos, service marks, domain names, patents, and copyrights, as well as the content, design, layout, graphics, and software, are the exclusive property of The Seller or its licensors, unless otherwise indicated.

15.2. Buyers are granted a limited, non-exclusive, non-transferable license to access and use the website and its content solely for the purpose of browsing, shopping, and making purchases. This license does not permit the reproduction, distribution, modification, display, or any other unauthorised use of the website or its content without prior written consent from The Seller.

15.3. By submitting any content (such as reviews, comments, or testimonials) to the website, Buyers grant The Seller a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any form or media. Buyers represent and warrant that they have the necessary rights and permissions to grant this license.

15.4. The Seller respects the intellectual property rights of third parties. If a user of the website believes that their intellectual property rights have been infringed upon by any content on the website, they should notify The Seller promptly with sufficient evidence of the alleged infringement.

15.5. Upon receiving a valid notice of alleged infringement, The Seller will investigate the matter and may remove or disable access to the allegedly infringing content. The Seller may also terminate the accounts of users who repeatedly infringe upon the intellectual property rights of others.

16. Changes to the Terms and Conditions

16.1. The Seller reserves the right to modify, amend, or update these terms and conditions at any time without prior notice. Changes to the terms and conditions will be effective immediately upon posting on the Seller’s website. Buyers are encouraged to review the terms and conditions periodically for any updates or changes.

16.2. The Seller may, at its discretion, notify Buyers of significant changes to the terms and conditions via email or by prominently displaying a notice on the its website. However, it is the responsibility of Buyers to regularly check the terms and conditions for any modifications.

16.3. By continuing to use the website after changes to the terms and conditions have been posted, Buyers signify their acceptance of the revised terms. If Buyers do not agree with any changes to the terms and conditions, their sole recourse is to discontinue the use of the website.

16.4. Any new features, functionalities, or services added to the website shall be subject to these terms and conditions, unless explicitly stated otherwise. Continued use of the website following the introduction of such changes constitutes acceptance of the new terms.

16.5. If a Buyer has any questions or concerns about changes to the terms and conditions, they are encouraged to contact The Acoustics Store for clarification and assistance.

12 June 2024