Audio Express Terms and Conditions
You
know the bit on radio advertising, where they start to speak quickly and say
"terms and conditions apply"?
Well this is that bit.
Of course in an ideal world there would be no need for terms and conditions at
all, but in an ideal world some retailers wouldn't wear spurs and some
customers wouldn't have 666 tattooed on their scalp. So until the world becomes
ideal, and supermarkets no longer have to print "WARNING, CONTAINS NUTS" on
their bags of mixed nuts and raisins, I'm afraid we're stuck with terms and
conditions.
The aim of the following section is to lay out the way in which Creative Audio
trades for (as my solicitor likes to say) 'the avoidance of doubt'. We pride
ourselves on our customer service and always try to go the 'extra mile' to help
- if you ever have a problem with any aspect of our retail operation, please
feel free to contact us with your comments. We have tens of thousands of happy customers
from all over the world and enough testimonials of thanks to fill several
filing cabinets. Most of our transactions run 'as smooth as silk', with many
customers returning to us time after time - they tell us they wouldn't dream of
going anywhere else.
However, there's always one O'Reilly who needs a garden gnome inserted into
him, so......
......put on your best Basil Fawlty voice and off we go!
What follows, is a list of our terms and conditions, split into two parts - there is the hard-core legal bit, which you are agreeing to abide by when using our site(s), followed (occasionally) by a 'Basil Fawlty' bit. The Basil Fawlty bits are meant to be a bit of fun to make the legal bits less heavy going, but they also serve a serious purpose, because they highlight some of the predicaments we've faced over the years. Just for the record, whenever we use specific examples below, they are actual situations that have arisen and not things that we have made up - I kid you not!
By using our site, you are agreeing to abide
by our terms and conditions, which are covered in detail as you scroll down
this page.
Points 1-19 below represent a summary of our Terms and Conditions, shown as
hyperlinks. Clicking on any of the hyperlinks will take you straight to the part of this page that covers the subject in full detail.
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1. Introduction:
These terms & conditions (together with the documents referred to in the
terms) apply to any orders for products placed on this website, and to your use
of the website. Please read them before placing an order, or using this website.
It may be helpful to print a copy of these terms for future reference.
If you do not agree with these terms, please do not use this website and do not
order products from the website.
We may change our terms at any time, so please do not assume that the same
terms will apply to future orders. You should always read our terms &
conditions before placing an order.
Your status: By placing an order through our site, you agree that you can enter
into binding contracts;
2. About us:
Creative Audio and Audio Express are both part of the Creative Audio group - one of the UK's largest
Hi-fi and Home Cinema retailers. Our registered name is Creative Audio
(Shrewsbury) Ltd, company number 4754004, registered in England 9
Dogpole, Shrewsbury, SY1 1EN.
In this contract, we call Creative Audio (Shrewsbury) Ltd "us", "we",
"our", "Creative Audio" or "Audio Express".
3. Contact us:
We can be contacted by email (
sales@creative-audio.co.uk),
by telephone on 01743 236055 or 01743 241924 and by post at Creative Audio, 9
Dogpole, Shrewsbury, SY1 1EN.
4. How a contract for the sale of products is formed:
You can shop with us online, by phone, or by visiting our premises. However you choose to shop, your order constitutes an offer to buy and is not legally binding until it is accepted by us. We reserve the right to withhold acceptance for any reason we deem to be relevant. If you shop with us online and place an order, you will be sent an email from us acknowledging that we
have received your order. Please note that this email does not mean that your order
has been accepted. We will confirm acceptance of all online orders by sending you a second email, notifying you that your products have
been dispatched (the Dispatch Confirmation). The contract between us (Contract)
will only be formed when we send you this Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have
confirmed in the Dispatch Confirmation. We will not be obliged to supply any
other products which may have been part of your order until we confirm the
dispatch of such products in a separate Dispatch Confirmation.
If you shop with us via phone, or by visiting our premisis the Contract between us will not be formed until we have processed your payment and it has been cleared by our internal security.
However you choose to shop from us, we reserve the right to ask for ID confirmation, or any other documentation that we may deem necessary to clear our security.
5. Orders for Goods:
When you order products on this website, you confirm that you are purchasing
the products you have requested and that you will pay for these products in
full.
6. Product descriptions:
Product descriptions on this site can change at any time, for example when a
product is updated by the manufacturer. Changes will not affect products for
which you have already received a Dispatch Confirmation. Before placing an order, please check that the description meets your needs.
particularly when ordering a rack which is a very difficult unit to return.
7. Pricing:
We reserve the right to change prices of products without notice, but such
changes will not affect orders for which we have issued a Dispatch
Confirmation. In the unlikely event that we have made a pricing mistake, we
will advise you of this. You will not receive an email confirming acceptance of
your order, and there will be no contract between us. The prices shown on the
website are in GBP, including VAT and, where appropriate, the cost of delivery.
We accept most major credit cards except American Express and Visa Electron,
but we reserve the right to request a secondary proof of ID in addition to card
details.
8. Condition of products:
All products are brand new and delivered as supplied by the manufacturer,
unless otherwise stated. However there may be certain instances when boxes have
been opened to address courier quality control issues, or to carry out
modifications requested by customers. All products are sourced directly from
the manufacturers - we do
not sell 'grey imports'.
9. Guarantees:
The guarantee we offer on any given product is clearly displayed, both on our website and on the sales receipt issued at the time of purchase. The guarantee is between Creative Audio and the purchaser shown on that receipt - the guarantee is not transferrable to subsequent purchasers of the equipment. The guarantee is strictly 'return to shop', subject to the conditions detailed in 12-ii and 12-iii below.
10. Delivery of products:
Many of our Hot Deals include free overnight delivery. This offer is subject to the following terms and conditions:
- Although most of our consignments do arrive on the next working day, this is not a guaranteed service. We cannot be held responsible or liable for non-delivery, or for any consequential loss from non-delivery. If goods have to be delivered by a specific date (e.g. for a birthday) they must be ordered several days in advance.
- To qualify for next working day delivery, orders must be received before 2pm on the day preceding the target delivery day.
- Delivery is on a 'best endeavour' next working day basis. Saturdays, Sundays and Bank Holidays are not classed as working days
- Free overnight delivery is to most parts of mainland UK - surcharges + longer delivery times apply to other areas (Northern Ireland, I-O-M, Scottish Highlands)
- We do not ship at all to the Scottish Islands, the Isles of Scilly or the Channel Islands. We don't export outside the UK, however, we may allow, at our discretion, customers living abroad, to employ a third party courier to uplift from our shop, at the customer's cost and risk.
- Delivery can take place any time between 8am and 6pm.
- We can aim to hit any working day for delivery, but somebody will have to be 'in' all day (i.e. 8am - 6pm) at the chosen address, to receive the goods.
- With tens of thousands of parcels to handle every day, I'm afraid our couriers cannot phone customers in advance to give them an exact time of delivery.
- We can computer track your consignment from the time it leaves our shop, to give you a more accurate idea of delivery schedule.
- We can ship to the card holder's address, or a verifiable work address, subject to security clearance.
- A signature will be required - goods will not be left without a signature.
- Whoever signs for the goods must check that they have received the number of parcels shown on the delivery paperwork and that they are in good condition. If this is not the case, then the driver's paperwork must be amended accordingly.
- All damage / loss must be reported to us within 48 hours of the receipt of goods.
- Customers must report non-delivery, if the goods in question have not been delivered by 4 working days after the shipping date given at the time of ordering.
- Under the terms of the Distance Selling Act 2000, customers have the right to cancel any order, within 7 working days of receiving their goods and receive a full refund, subject to our terms and conditions.
We sell valuable, desirable audio equipment and use a highly professional courier service, to get it from us to you quickly and securely. Every week we put out hundreds of consignments with over 98% of them arriving on the next working day and without any incident. The reason for this amazing success rate is that we offer flexible delivery options, plus computer tracking and we abide by strict courier rules, all of which minimise the chances of problems arising. So (unlike many other retailers) we are happy to deliver to a verifiable work address (subject to security clearance) and we can use computer tracking to give you a better idea of when your parcel will arrive. However, that does not change one fundamental aspect of all mail order sales, which is that somebody will still have to be physically present at the given delivery address, on the given delivery date, to receive and sign for the goods. Our couriers are legally contracted to deliver to the target address and to take a confirmation signature - they will not just 'leave it in the shed' or 'take it next door' - we are not talking about a bunch of flowers here, most of our consignments are worth hundreds of pounds and must be treated accordingly.
All of this means that customers who say to us "I'm not going to be in any time during the week, but just send the goods anyway - I'll sort something out" will be politely declined. The same goes for customers who tell us that they will be at one address in the morning and another address in the afternoon, or that they will only be in for one hour a day. As for customers who just think 'I'll say I'm going to be in, then they'll stick a card through my letter box and I'll go and get it from the depot', well I'm afraid an increasing number of couriers have stopped doing that because of potential fraud. Also, it is quite possible for a hub depot to be 40 miles away, which is not exactly convenient. Generally speaking, couriers will attempt to deliver a few times, then return the parcel to us. Bearing all this in mind, it's obviously more sensible to avoid the potential hassle that comes from non-delivery, by simply setting a delivery date when someone will definitely be in all day at the target address.
But which day will the goods arrive?
We have an incredibly high success rate (98%+) for hitting the target delivery date, but many UK freight depots are now dealing with tens of thousands of packages every day and it is inevitable that there will be the occasional slip-up. For this reason, and because we live in an age where a restaurant can be sued for making coffee 'too hot', it is not surprising that virtually no courier legally guarantees next day delivery. Consequently, we can't absolutely guarantee it either. So if you're a brain surgeon, who can (and I quote) "earn £10,000 a day in private surgery" and you take a day off to wait for one of our parcels to arrive, and it doesn't - I'm afraid we're not liable for your £10,000 loss! The same goes if you take it for granted that our equipment is going to arrive on a certain day (but it doesn't) and you've already booked an electrician to come on that very day to install it, or if you're throwing a surprise birthday party and are relying on the Hi-Fi you ordered too late as a present, to somehow magically get to you in under 24 hours!
11. Your right to cancel:
Creative Audio adheres to the Distance Selling Regulations 2000, which cover all mail order sales and state that from the time the order is placed up until seven working days from the "day after" the day the goods are received, the consumer has the right to cancel the order. A refund of all monies including any postage and packaging charged on the original order will be made by us (to the same credit card / bank account, originally used by the customer) within 30 days of cancellation, providing the following conditions are met:
- The customer must inform us in writing, within seven working days that they wish to cancel.
- The customer must be able to produce the original receipt as proof of purchase (It is the customer's responsibly to keep all receipts in a safe place - we do not issue copy receipts).
- The goods must be returned to us in 'as new' condition, complete with 'as new' original packaging and all accessories
- Any 'free gifts' supplied with the goods must be returned.
- The goods must reach us undamaged - return is at the customer's risk, so we would suggest using an insured courier.
- Return freight charges must be paid by the customer
Please note that the Distance Selling Regulations 2000 do not apply to custom built or personalised products that have been ordered specifically as special orders (e.g. cables) or to any equipment purchased by a company (as opposed to a private individual). This does not affect your statutory rights as a consumer.
First and foremost we are a long established specialist shop. We therefore believe that the best way to buy audio equipment is to sit down and listen to it in our demonstration room, where you can experience / evaluate / look at the equipment for yourself. People do come to us from all over the world, but we have to be realistic and recognise that a visit isn't always practical, leaving a mail order purchase as the only option. In such cases, we would say that it is only fair that a customer does some research and takes reasonable steps to ensure that the equipment choosen is right for them. We go to considerable lengths to help with this, by showing finishes / dimensions / photos etc. on our site.
So, if after all of this, you buy a pair of floorstanding speakers and then return them because (and I quote) "they don't match the colour of the cat", or you buy some bookshelf speakers and return them because "they are far too big to fit on the shelf" (that's the shelf you could have easily measured before you ordered), we will of course honour the distance selling regs, but don't be too surprised if Basil Fawlty makes a brief appearance on the phone, when you ring in to request a return!
12. Returns policy (including warranty returns):
There are four reasons a piece of equipment might need to be returned to us...
i.
ii.
(i.e. goods that have failed within 28 days of their purchase date)
iii.
(i.e. goods that have failed more than 28 days from their purchase date, but still within their warranty period)
iv.
i. Unwanted Goods
As we have already stated, we adhere to the Distance Selling Regulations 2000 and will refund fully, provided the conditions shown under section 11, 'Your right to cancel' (above) are met. Because these regulations offer the customer such a good level of protection, and because it is our aim to offer all customers the same high level of service, we use the distance selling regulations as the basis of our returns policy on all sales, regardless of whether the goods were bought mail order, or in the shop. When a consumer exercises the unconditional right to cancel under these regulations, the legal ownership of the goods in question reverts back to Creative Audio, once the refund has been paid. The Regulations impose a responsibility on the consumer to take "reasonable care" of any goods that have been supplied. This obligation applies before as well as after the consumer has given a notice of cancellation and continues throughout the time the goods are in the customer's possession, plus the time the goods are in transit back to the shop and only ends when we have received the goods back at the shop, in 'as new' condition.
The Basil Fawlty bit...
We seldom get 'unwanted goods' returns, because most of our customers realise that buying a piece of Hi-fi is different from buying a plant pot from their local DIY store. It's a serious purchase that calls for research to be done before any money changes hands. Cancellation is a pain for retailers, but it is also very inconvenient for customers, because they have to do a complete 'as new' re-pack and then arrange (as well as pay for) freighting equipment back to our shop. A typical system can weigh over 50kg and will easily cost £50 to freight back to us via insured courier, so the moral of the story is 'measure it twice - cut it once' - do your research before you order.
ii. Straight from the box failures (i.e. goods that have failed within 28 days of their purchase date).
When a unit fails 'straight from the box', we would ask customers to contact us immediately, so that we can discuss the exact nature of the fault and quickly resolve the problem. If we ascertain that the fault is not down to procedural error, we will arrange for uplift of the faulty unit, so that we can quickly examine it at the shop. When this has been done and the fault has been confirmed, we will arrange for a brand new replacement unit to be shipped to the customer, on a day that is convenient to both parties. This service is completely at our expense and is offered on any piece of equipment that has failed within 28 days of the purchase date on the sales receipt. This service is conditional on the customer having kept the original box and all internal packing material - we will not instruct our couriers to uplift any equipment which does not have an original box. If a customer chooses to throw away the original box (against the instructions we print in red on every sales receipt) he/she forfeits the right to our free courier uplift, and must instruct (pay for) courier return of the goods to our shop, at his/her risk. We uplift faulty goods to replace them - we do not uplift to refund. The only exception to our offer of free uplift concerns customers who live in (or have moved to) any of the areas detailed in point 5 of the section labelled 'Delivery' at the top of this page. (including those in Southern Ireland), who will be expected to meet all freight charges themselves. Creative Audio is not liable for any consequential losses (e.g. loss of earnings, due to taking time off work) however caused, that result from a unit's failure. We will try to carry out the replacement procedure in a way that is most convenient to the customer, but it is nonetheless the customer's responsibility to be available on both the date of the uplift and the date of the replacement. We appreciate that this can sometimes be inconvenient, so to help, we can arrange uplifts and deliveries to take place at a customer's work address.
The Basil Fawlty bit...
There is nothing more frustrating than what we in the trade call 'dead on arrival' failures. Thankfully, they are very rare these days. However, sending goods to mail order customers can sometimes shake circuit boards up, leading to simple faults that unfortunately put a unit totally out of action. We pride ourselves on our after-sales service, and genuinely believe that no other company resolves issues more quickly. However, do bear in mind that if you have chosen to shop via mail order, then even our super-efficient replacement procedure will still involve a degree of inconvenience, because you will have to be 'in' when our courier calls with your replacement unit. There is no escaping this - it is a fact of life that comes from dealing at distance.
iii. Warranty failures (i.e. goods that have failed more than 28 days from their purchase date, but still within their warranty period).
If a piece of equipment we supplied fails within 28 days from the purchase date shown on its receipt, we will replace it as detailed in 'Straight from the box failures' above. If a unit fails after 28 days from the purchase date, but is still within its warranty period, we will repair it free of charge as quickly as possible and return it to the customer at our expense, providing the following conditions are met:
- Units that fail more than 28 days from purchase date, but still within the warranty period, are repaired, not replaced.
- The customer must be able to produce the original receipt as proof of purchase (It is the customer's responsibly to keep all receipts in a safe place - we do not issue copy receipts).
- Our guarantees are strictly 'return to shop' - it is the customer's responsibility to get the unit back to us in undamaged condition.
- The cost of getting the faulty goods back to us is borne by the customer.
- Our offer of free freight back to the customer following repair, only extends to the parts of mainland UK covered in the section labelled 'Delivery' at the top of this page. If the customer lives (or has moved) to one of the areas detailed in point 5 of that section, they will have to contribute towards the return freight charges. If the customer lives abroad (including Southern Ireland) they will have to pay all the freight charges, both ways.
- If we ascertain that the warranty failure is due to customer abuse, or we cannot (after extensive testing) find any fault with the unit, we reserve the right to make a charge for the repair and / or a charge for the return of the goods to the customer.
- It is the customer's responsibility to get the unit back to us undamaged, by packing it in its original box (then preferably an additional outer box) and using a recognised courier service, with the necessary insurance. We and most manufacturers strongly advise customers to hold on to all of their boxes in case units have to be shipped for service.
- We endeavour to carry out repairs (usually 2 to 3 weeks) but many modern audio units require specialist service equipment, that is only available at the manufacturer's designated service agents. If a unit has to be returned to one of these designated agents, it can lengthen the repair time to around a month, sometimes more.
- I am afraid we cannot offer loan equipment to customers.
One of the good things about dealing with Creative Audio is that we offer longer warranties than many of our competitors. However, all of our guarantees are strictly 'return to shop' - please don't attempt to take a unit you have bought from us to the local dealer who wouldn't match our Hot Deal price in the first place - the rival dealer will probably tell you where to go! The cost of getting the faulty goods back to us must be borne by the customer. If you had bought from your local dealer, the same would apply, because you would have the expense of taking it back to him. If you live in a far flung corner of the British Isles, then freighting back units for service will be expensive - you need to think about this before you decide to buy your Hi-Fi at distance.
The systems we sell will give years of enjoyment, if used responsibly. However, anything (no matter how good) can be broken if it is taken beyond the limits of 'normal' usage. If our systems are run at maximum volume, used at very high volume for long periods of time, or used in the garden at high volume, there is a high risk of causing damage. Remember, domestic hi-fi is not designed for commercial-type use - it is not a PA system, it is not designed for running in rooms that are as big as halls, it is not designed for running at disco levels, or for running outdoors. We can easily tell if equipment has been abused - damage caused this way is not covered by warranty.
We are obviously as disappointed as you if one of our units fails. It is frustrating and annoying for everyone, but there is no point in 'taking it out' on the unit by packing it inadequately when returning it for warranty repair. Sending us a faulty DVD player in the post, with one layer of bubble wrap round it and no box (which is what one customer did recently), is (not surprisingly) a recipe for disaster - the unit in question arrived in 'kit form'! It is always best to retain your original packaging, in case of future service requirements - which is why we print that fact in bold red text on every single customer receipt we issue.
iv. Out of Warranty failures
We will always attempt to service anything we have sold, if possible. All we ask is that you give us a quick ring in advance to let us know you intend to bring the unit in. We will then advise you of the prevailing turnaround times (normally about ten working days). The charge for repairs is very straight forward. We don't offer estimates - instead, we simply go ahead on anything below £100. If we think the repair is going to cost more than £100, we will ring you first before proceeding. All our repairs carry a three month warranty which covers the work that we have undertaken in the repair. We prefer to see units brought to us for service - if you decide to freight goods to us, please pack them well enough to withstand a small nuclear explosion and bear in mind that we will have to make a £15 charge to freight back to you. We don't generally service units that we didn't sell in the first place.
The Basil Fawlty bit...
Another great thing about dealing with Creative Audio is that we have one of the best service departments in the UK. Not only is this good for our customers, it is also good for the environment. Taking all your bottles back to a bottle bank is pretty meaningless if you then turn around and simply throw away a resource-rich unit like a complex piece of electronics. However, there is a limit to the miracles we can perform - with the best will in the world, some elderly equipment just cannot be reliably repaired. If in doubt, feel free to call for advice.
13. Use of the website:
We grant you a limited right to use the website. This right is non-exclusive,
revocable, and subject to the restrictions in these terms.
We own all rights to the website and you shall acquire no rights. Except as
part of ordinary use of the website, you may not copy, reproduce, modify,
download or use in any form the contents of the website, without first
obtaining our permission.
14. Privacy policy:
We are committed to protecting your privacy. We will only use the
information collected from you lawfully (in accordance with the Data Protection
Act 1998). We collect information about you for two reasons: firstly, to
process your order and secondly, to provide you with the best possible service.
For example, it would be difficult to deliver to you efficiently, if we didn't
have absolutely accurate address details. The type of information we collect
about you includes: your name, address, phone number, credit card details and
e-mail address. We will not pass on your details to any third parties. The personal information we hold will be held securely in
accordance with our internal security policy.
If you have any queries or concerns about your privacy please contact us by
e-mailing
sales@creative-audio.co.uk
15.Our liability to you:
Creative Audio (Shrewsbury) Limited's liability for
any damage, injury or loss, in particular consequential loss, arising from the
use of any goods purchased from our organisation, or from the actual
transaction itself, is hereby excluded. Any damage, injury or loss arising
directly from the negligence of Creative Audio (Shrewsbury) Limited or any of
its agents will be limited to a refund of the total price of the goods
purchased, plus delivery charges paid.
The systems used at Creative Audio are fully compliant with current legislation relating to security of data handling / transferal / storage. We cannot be held liable for failures in the systems of Third Party data handlers, howsoever caused.
16. Effects of legislation:
None of the above affects your statutory rights. Where the above conflicts with
any overriding legislation, the overriding legislation shall be applied. If one
aspect of this contract is found to be non-enforceable that shall not affect
any other aspect of this contract.
17. Force Majeure:
Creative Audio (Shrewsbury) Limited will not be held responsible if we are
prevented or delayed from supplying or making delivery of any goods by any
reason or cause that is beyond our direct control.
18. Recycling and WEEE:
We are very keen on recycling. Whether you think that global warming is a scientific fact or a clever ruse to raise indirect taxation, it still makes sense for consumers to recycle as much as they possibly can. If we don't, then we are (literally) digging a pretty big hole for ourselves! It is also arguably morally correct that the people who generate and distribute new consumer products should share some responsibility for the disposal of the old products that are being replaced. If you want to know the scale of the problem, click here.
From July 2007, the UK's Waste Electrical and Electronic Equipment (WEEE) Regulations oblige all producers of electrical equipment to pay for take-back treatment and recycling of end of life equipment. In addition, all new EEE must be marked with the 'crossed out wheeled bin' symbol (shown below). This symbol aims to encourage consumers to separate out WEEE, so that it is not included with general household waste.
As a distributor of EEE Creative Audio is obliged to facilitate the take-back of household WEEE from UK consumers. We have decided to fulfil our obligation in this area by joining the Government approved "Distributor Take-Back scheme" (DTS) set up by Valpak (view our certificate). By joining the Valpak scheme, Creative Audio is contributing to the establishment of a network of Designated Collection Facilities (DCF) where consumers can dispose of their WEEE free of charge, for recycling and treatment in an ecologically sound manner. In this way Creative Audio can ensure that WEEE is disposed of by customers in a way that optimizes its re-use and recycling. Because of our membership of the Valpak scheme, Creative Audio will not accept returns of household WEEE itself and cannot accept WEEE returns for recycling: neither do we make arrangements for its collection. Instead, we ask that you take your old piece of equipment to a designated collection facility (DCF) run by Valpak in your area, where it will be processed for free. Please see www.recycle-more.co.uk where you will find details of your nearest recycling depot and more information on the WEEE scheme in general.
The importance of efficient recycling cannot be overstated. Not only does it save on resources, it also ensures that the hazardous substances contained in many electrical goods are dealt with properly and not allowed to harm the environment or human health.
19. General:
Persons who are not a party to these terms shall not have any rights under
them.
We will comply with all applicable legislation and regulations, including the
Data Protection Act 1998.
These terms are governed by English law and the English courts have exclusive
jurisdiction.
We have a policy of continual review and reserve the right to change our Terms
and Conditions at any time, without prior notice.
| E-mail: sales@creative-audio.co.uk
