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TERMS AND CONDITIONS

Please read these terms and Conditions carefully before using the website.

Welcome to Audiofreaks.co.uk. This agreement applies as between you, the User of this Website and Audiofreaks, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Audiofreaks advertises and / or makes available for sale through this Website;
“Audiofreaks” means Audiofreaks 15 Link Way, Ham, Richmond, Surrey TW10 7QT;
“Service” means collectively any online facilities, tools, services or information that Audiofreaks makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises” our place(s) of business located at URL: www.audiofreaks.co.uk;
“System” means any online communications infrastructure that Audiofreaks makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Audiofreaks and acting in the course of their employment; and
“Website” the website that you are currently using (www.audiofreaks.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
"We/Us/Our means Audiofreaks of 15 Link Way, Ham, Richmond, Surrey TW10 7QT;

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. International Customers

3.1 Please note that we are only able to supply products which are offered for sale via the Audiofreaks online store to countries where they are not locally available, either through an appointed national distributor or their authorised resellers. A message will be dispalyed, if applicable, during the order process.

3.2 If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once the Goods reach their destination when ordering from a country where these charges may apply. Audiofreaks is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that Audiofreaks cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.

3.3 Payment for International orders will only be accepted in GBP and via PayPal.

4. Intellectual Property

4.1 The content of the pages of this Website is for your general information and use only. It is subject to change without notice.

4.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4.3 You use of any information or materials on this Website is entirely at you own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

4.4 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Audiofreaks, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.5 You will not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Audiofreaks.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 You will not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Audiofreaks or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.audiofreaks.co.uk without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Audiofreaks. To find out more please contact us by email at info1@audiofreaks.co.uk or by post to, 15 Link Way, Ham, Richmond, Surrey, TW10 7QT.

8. Use of Communications Facilities

8.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules.  Failure to comply with these rules may result in your Account being suspended or closed:

8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to promote or incite violence;
8.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
8.1.6 You must not impersonate other people, particularly employees and representatives of Audiofreaks or Our affiliates; and
8.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.

8.2 You acknowledge that Audiofreaks reserves the right to monitor any and all communications made to Us or using Our System.

8.3 You acknowledge that Audiofreaks may retain copies of any and all communications made to Us using Our System.

8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

9. Accounts

9.1 In order to purchase Goods on this Web Site and to use certain parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where permission may be required; and
9.1.3 you will keep this information accurate and up-to-date.
9.1.4 you have read and agreed to our Terms and Conditions.

Your creation of an Account is further affirmation of your representation and warranty.

9.2 It is recommended that you do not share your Account details, particularly your username and password. Audiofreaks accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, Audiofreaks accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

10. Termination and Cancellation

10.1 Either Audiofreaks or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

10.2 If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

10.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

10.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases. If you wish to cancel an order prior to despatch, please notify us through the Contact Us link quoting the order number.

10.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

11. Goods, Pricing and Availability

11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Audiofreaks correspond to the actual Goods, We are not responsible for any variations from these descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.

11.2 Where appropriate, you may be required to select the required [model] [length] [colour] [other features] of the Goods that you are purchasing.

11.3 We do not represent or warrant that such Goods will be available. Stock indications are provided on the Website and we will do our best to ensure swift despatch. However, if an item should be out of stock, We will notify you and give you the opportunity to cancel the order if you are not prepared to wait. Out of stock items may take up to 28 days to be delivered.

11.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every month.

11.5 In the event that prices are changed during the period between an order being placed for Goods and Audiofreaks processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

11.6 All new products are subject to UK Value Added Tax (VAT) at the current value (20%). Audiofreaks VAT number is GB468 8123 16.

11.7 Payment will be accepted in GBP only.

12. Orders and Delivery 

12.1 No part of this Website constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order conformation email. Only once We have sent you an order confirmation email will there be a binding contract between Audiofreaks and you.

12.2 Order confirmations under sub-Clause 12.1 shall contain the follwoing information:

          12.2.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

          12.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges.

12.3 Audiofreaks will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

12.4 We aim to deliver items, which are in stock, within 7 days. Please allow 28 days for items which are out of stock, however, we will do our very best to get them to you sooner.

12.5 Small items will be despatched via Royal Mail and larger items will be despatched using one of our courier services which will be fully insured.

12.6 If Audiofreaks receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

12.7 Please note that for the first order, we will only ship to the address which has been registered at the Audiofreaks Online Store.

13. Returns Policy

Audiofreaks aim to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

13.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 7 calendar days to arrange collection and return. Audiofreaks is responsible for paying the return shipment costs. You will be given the option to have the Goods replaced with those ordered or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

13.2 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Audiofreaks within 7 days and arrange collection and return. Audiofreaks is responsible for paying the return shipment costs. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods.  Replacements will be issued upon Our receipt of the returned Goods.  Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.

13.3 If any Goods you have purchased have faults when they are delivered to you, you should contact Audiofreaks within 7 calendar days to arrange collection and return. You will be given the option to have the goods replaced or to be refunded through the payment method used by you when purchasing the goods.  Audiofreaks is responsible for paying the return shipment costs. Goods must be returned in their original condition with all packaging and documentation. In the case where We are unable to replace an item, upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

13.4 If any Goods you have purchased from Us develop faults within their warranty period, you are entitled to a repair or maybe a replacement under the terms of that warranty but not a refund.

13.5 If any Goods you have purchased from Us develop faults outside of their warranty period, please contact us via the 'Contact Us' link for details of our repair service. Please supply as much information as possible to help us decide the best course of action.

13.6 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calemdar days after the Goods have been delivered. If you change your mind about the goods within this period, please contact Audiofreaks via email, store1@audiofreaks.co.uk within 14 calendar days of receipt to discuss and if necessary, a returns note will be issued. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Audiofreaks.  You, the customer, are responsible for paying shipment costs if Goods are returned for this reason. Please note that a 20% restocking and administration fee will apply.

 

Please also note:  We are unable to accept the return of Headphones and Phono Cartridges within the 14 day return "cooling off" period, under the Distant Selling Regulations. However, should the new product arrive damaged or malfunction within the warranty period, this will need to be demonstrated by the buyer and verified by us, before a suitable course of action can be taken.


13.7 If you wish to return Goods to Audiofreaks for any of the above reasons, please contact us using the details on Contact Page to make the appropriate arrangements.

13.8 Audiofreaks reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

13.8.1 Goods made to your specifications or that have been personalised;

13.8.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

13.8.3 Goods which have been sealed for health or hygiene reasons that have been unsealed after delivery;

13.8.4 Goods consisting of audio or video recordings or computer software in sealed pakaging where the seal has been broken after delivery;

13.8.5 Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them; Please note that opening packaging does not prevent you from returning Goods unless the Goods fall under sub-Clauses 13.8.1, 13.8.3 and 13.8.4;

13.8.6 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law.

14. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

15. Disclaimers

15.1 Audiofreaks makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.

15.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

15.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

16. Changes to the Service and these Terms and Conditions

Audiofreaks reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Audiofreaks is required to make any changes to Terms and Conditions pertaining to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Availability of the Website

17.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

17.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18. Limitation of Liability

18.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

18.2 Nothing in these Terms and Conditions excludes or restricts Audiofreaks liability for death or personal injury resulting from any negligence or fraud on the part of Audiofreaks.

18.3 Nothing in these Terms and Conditions excludes or restricts Audiofreaks liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to shop1@audiofreaks.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22. Law and Jurisdiction

These terms and conditions and the relationship between you and Audiofreaks shall be governed by and construed in accordance with the Law of England and Wales and Audiofreaks and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.