Terms & Conditions
APPLICATION OF THESE TERMS AND CONDITIONSPlease read the following terms and conditions of sale carefully before ordering products from us. By purchasing goods from us, you agree to these terms and conditions of sale. These terms and conditions do not replace or affect your statutory rights. In these terms and conditions, "you" and "your" refer to the customer and "we", "us" and "our" refer to Clearer Audio Ltd.
1. CONTRACT
1.1 These terms and conditions govern the supply of goods by Clearer Audio Ltd (Registered in England No. 5056859) of 17 Central Avenue, Rochford, Essex, SS4 3BQ to the customer named on the order payment form provided on our website or on the printable order form. No contract for the sale of any goods will subsist between us unless we accept your order by way of an e-mail confirming that we have received payment in full for all the goods you have ordered. Our acceptance of your order by confirmation e-mail constitutes a legally binding contract between us on these terms and conditions.
2. PRICE
2.1 The prices payable for goods that you order are as set out on our website at the time you place your order (plus any additional charges, for delivery outside the UK mainland for example). Prices on our website may be subject to change without notification.
2.2 Prices of the goods on your order need to be validated by us prior to processing your order. If there is an error in the price, we will inform you of the correct price and will give you the opportunity to purchase goods at the correct prices.
2.3 All prices quoted on our website are in UK Pounds Sterling and inclusive of Value Added Tax (VAT) at 20% subject to changes in taxation.
2.4 Delivery is free in UK mainland. If you live outside UK mainland then you will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. For further information on delivery see Sections 4 and 6.
2.5 Deliveries outside of the European Economic Community are not subject to VAT. To work out the non-EEC price divide the UK price by 1.2. Our online store will automatically calculate the VAT charges if you are located outside of the European Economic Community.
3. PAYMENT
3.1 Orders placed online are processed through an SSL server to ensure that all of your details are kept confidential and secure. If payment is to be made with a credit or debit card then your details payment will be processed through Shopify/PayPal. Payment can be made with any accepted credit card (including VISA, MasterCard and American Express) or debit card (including Switch/Maestro, Solo, VISA Delta and VISA Electron). Payment must clear into our account before any goods can be dispatched.
3.1.1 We do not store credit card details nor do we share customer details with any 3rd parties.
3.2 Any orders with a value of £100.00 or more is subject to the Verified by VISA and MasterCard SecureCode schemes where applicable. This is to help reduce the risk of fraud to both us and you (should someone obtain your details without your knowledge).
3.3 We accept cash payments but these must be sent via insured post (such as Royal Mail Special Delivery) as we cannot be held responsible for any money lost in the post. Large cash payments may be subject to bank clearance before goods are dispatched. Postal order, money order, bankers draft are also accepted. We accept personal cheque payments but cheques must clear before goods are dispatched.
3.3 All international orders are payable in UK Pounds Sterling. Payment can be made through our website with an accepted credit or debit card as detailed in Section 3.1. We also accept international money order or wire transfer. The acceptance of international credit cards, money orders and wire transfers is at our discretion.
3.5 In addition to security measures taken by SagePay when payment is processed, we may take additional security steps to authenticate the identity of any buyer in addition to other fraud-prevention techniques. This may delay the processing of your order but you will be informed of any delay.
3.6 It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic 'fingerprints' of every order placed on our site to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our site.
4. 60 DAY MONEY BACK GUARANTEE & CANCELLATION POLICY
4.1 We want you to be happy with the products you buy from us so we offer a 60 Day Money Back Guarantee so that you have the flexibility of being able to try our products in your own system, in the comfort of your own home. Should you not be happy with any product(s) for any reason, then simply return the product(s) within 60 days of the date of delivery, in original condition, with the original sales receipt, for a full refund.
4.2 You may cancel your order by giving us written notice (by letter, fax or e-mail) of cancellation at any time up from the date of order placement to the end of the sixtieth day from the date of delivery. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Please be aware that you may not be able to cancel an order for non standard cable lengths (any length not listed on our website) or products that have been custom made for you, if we have made them, or are in the process of making them.
4.3 Should you wish to return products to us you will have to bear the cost of return postage (with the exception to Section 7 where we will bear the cost of return postage) and ensure that there is sufficient insurance to cover any damage or loss which may be sustained in transit.
4.4 Our 60 Day Money Back Guarantee does not apply to non standard cable lengths (any length not listed on our website), custom made products or clearance products.
4.5 Products returned to us must be in as new condition. Any marks on the plugs, cable, heatshrink or any other area of the product will be assessed and costed for repair or replacement. This fee will be deducted from the total refund due to you.
4.6. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 5 working days.
4.7. If after 10 working days from notification of your refund approval you haven’t received your refund, first check your bank account or credit card company again as it may take some time before your refund is officially posted. If you have done this and you still have not received your refund, please contact us at enquiries@cleareraudio.com
5. OUR RIGHT TO CANCEL YOUR ORDER
5.1 We reserve the right to cancel your order if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area;
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to typographical error; or
5.1.4 we identify a description error on one or more of the goods you have ordered.
5.2 If we do cancel your order we will notify you in writing (by letter, fax or e-mail). If payment was made online via credit or debit card, your account will be re-credited in total as soon as possible but within 20 working days of your order. We will not be obliged to offer any additional compensation for
any disappointment suffered.
6. DELIVERY, TITLE & OWNERSHIP
6.1 Goods are delivered to the address you provide at the time when you place your order with us. Please note that goods may be sent to you in installments.
6.2 There are no delivery charges payable by you on orders delivered to UK mainland addresses. If you live outside UK mainland then you will be required to pay extra for delivery. In addition, it might not be possible for us to deliver goods to some locations.
6.3 Goods will be dispatched as soon as possible after your order has been accepted and normally within 20 working days of your order. Custom orders may take longer; you will be notified of an estimated delivery time when we have processed your order. Orders for Silver-line Optimus Reference Speaker Cable may take up to 40 working days.
6.4.1 We use a variety of carriers to deliver our goods. In the UK we use: myHermes, Royal Mail and DPD. For deliveries outside of the UK we use: Royal Mail, Fedex, DHL and UPS. The exact service we use depends upon the value and weight of your order. For customers opting for our free UK delivery service most orders are sent via myHermes or Royal Mail and take 3-5 working days from despatch to arrive. Customers can opt for a premium delivery service when checking out their order.6.4.2 We cannot be held responsible for any delivery delays in conjunction with third party delivery services nor which are beyond our reasonable control as per Section 8.
6.5 In the unlikely event that you have not received all of your ordered goods within 10 working days of date of delivery you must notify us immediately.
6.6 Delivery of goods will be insured. Should they get lost or damaged in the post, we shall inform the carrier whom will then investigate the loss or damage. In case of loss, should the goods not be located, recovered or delivered by the carrier we will recover the loss from the carrier. When we have been reimbursed by carrier we will dispatch new goods to you. Re-dispatch will be treated as a new order and may be subject to an additional delay.
6.7 Title and ownership of the goods you have ordered will pass to you when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction. Should you return the goods pursuant to Sections 4 and 7, then title and ownership shall revert to us when you return the goods to us.
6.8.1 International delivery may be subject to import duties and taxes, which are levied once a shipment reaches your country. Custom policies vary widely from country to country; Clearer Audio Ltd advises each customer to contact their local customs office for further information.
6.8.2 For all international transactions, goods shall be sold on a delivered, insurance and international freight paid, duty unpaid basis. We assume no responsibility for charges attendant to customs clearance in the country of delivery, customs duty, VAT or any other charges or taxes within the country designated for delivery to you. Any such additional charges for customs clearance must be borne by you. Pursuant to Section 7.5, you are solely and exclusively responsible for compliance with all the statues and regulations governing purchase and importation of products acquired from us. Title and risk of loss, damage or destruction shall pass to you upon delivery to the port designated by you and prior to customs clearance. We shall not
be liable for any shipment delays beyond our reasonable control as per Section 7.
6.8.3 Cross-border shipments may be subject to opening and inspection by customs authorities.
7. LIABILITY
7.1 In the unlikely event that you receive goods which were not what you ordered, or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall have no liability to you unless you notify us of the problem in writing at our contact address within 10 working days of delivery of the goods in question.
7.2 If you do not receive your ordered goods within 10 working days of date of delivery you must notify us immediately.
7.3 Should you notify us of problem in accordance with conditions 7.1 and 7.2, our only obligation will be, at your option:
7.3.1 to make good any shortage or non-delivery;
7.3.2 to replace or repair any damaged or defective goods; or
7.3.3 to refund to you the amount you paid for the goods in question in whatever way we choose.
7.4 Save as precluded by law, we will not be liable to you for for any indirect or consequential loss, damages or expenses (including, without limitation, loss of income or profits, loss of business, depletion of goodwill, administrative inconvenience or disappointment) arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.
7.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.6 Nothing in these terms and conditions is intended to limit any rights you might have as a customer under applicable local law or statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any (a) death or personal injury resulting from our negligence or (b) fraudulent misrepresentation.
8. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder which is caused by any event or circumstance beyond our reasonable control (including, without limitation, acts of God, acts of civil or military authority, national or local emergencies, war, strikes, lockouts and other industrial disputes, fire, flood, lightning, tempest, technical failure, breakdown of systems or network access).
9. WARRANTY
9.1 We warrant that any product purchased from us to be free of manufacturing defects in material and workmanship, subject to the conditions below, for the lifetime of the product from the date of purchase by the original purchaser.
9.2 If a product fails due to defect in material or workmanship, we will replace or repair the product (at our option), without additional charge, to the original purchaser.
9.3.1 The warranty is void and inapplicable if the product has been misused, neglected, improperly installed, or damaged by accident.
9.3.2 The warranty is void and inapplicable if the product has been altered, modified or tampered with in any way. This includes attempts to repair
defective products in any way and after sale treatments such as deep freeze cryogenic treatment.
9.3.3 The warranty is void and inapplicable if the product has been used for any other purpose other than that for which it is intended.
9.4 We shall not be liable for direct, indirect, incidental, consequential, or other types of damages resulting from the use of any of our products other than the liability stated above.
9.5 The warranty does not cover connectors for the lifetime of the product. All connectors are covered by warranty for two years from the date of purchase by the original purchaser.
9.6 The product(s) must be packed and returned to us by the customer at his or her sole expense with adequate insurance to cover any damage or loss which may be sustained in transit.
9.7 Returned product(s) must be accompanied with a written description of the defect and the original sales receipt.
9.8 We shall bear the cost of return postage.
9.9 The warranty is for the sole benefit of the original purchaser of the covered product and shall not be transferred to a subsequent purchaser of the product.
9.10 We reserve the right to modify the design of any product without obligation to purchasers of previously manufactured products and to change the prices or specifications of any product without notice or obligation to any person.
9.11 We make no warranty, express or implied, other than that stated above.
10. INVALIDITY
If any provision of these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or part (including any provision in which we exclude our liability to you) the validity and enforceability of any of the other provisions of these conditions will not be affected.
11. PRIVACY
You acknowledge and agree to be bound by the terms of our privacy policy. To review our privacy policy please click here.
12. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. ASSIGNMENT
You are not allowed to transfer or attempt to transfer this agreement in whole or in part to any other person.
14. GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.
15. ENTIRE AGREEMENT
15.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us.
15.2 These terms and conditions shall supersede any and all other conditions, understandings, commitments, agreements, arrangements, warranties or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and constitutes the entire and only agreement between us.
15.3 Nothing said or any representation made by any employee should be understood as a variation of these terms and conditions of the sale or as an authorised representation about the goods provided. We shall have no liability for any misleading and untrue representations save for fraudulent misrepresentations.
16. MISCELLANEOUS
16.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated on this site, without prior notice, as part of our continuous process of product and service improvement, or to improve product availability.
16.2 These terms and conditions are subject to change at any time without prior notice to you. Any such change shall not affect any contract subsisting between us at the time of such change. Any purchase from the date that the amended terms and conditions are placed on our site onwards will be governed by those new terms and conditions.
Last modified: 24 May 2018
