Terms

(updated 16 October 2017)

For guidance on:
a) The Right to Cancel and Refund refer to Section 3.
b) The Right to Reject, Repair or Replacement of Non-Conforming Goods refer to Section 4.

1. General

1.1 All orders will be subject to acceptance in accordance with these terms and conditions. We reserve the right to change these terms and conditions at any time.

2. Orders

2.1 All orders should be emailed directly to sales@customaudiodesigns.co.uk.

2.2 Telephoned orders will be construed and carried out in accordance with verbal instructions but no liability can be accepted for any inconsistency between these and any written confirmation we may subsequently receive from the customer.

2.3 If incorrect information is provided at the time of ordering which later requires additional administration to rectify, we reserve the right to apply a £6.00 handling fee and a 3% card processing fee (if valid) to the customer’s credit/debit card.

2.4 Order Acknowledgements: once your order has been processed an order acknowledgement will be sent to you (via e-mail) detailing the products and/or services you have ordered. If you do not have an e-mail account, this information will be faxed or posted to you.

2.4.1 Please note that this acknowledgement is not an order confirmation or order acceptance from Custom Audio Designs Limited.

2.4.2 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place on the despatch to you by us of the goods and order invoice, which takes place as your product is shipped from our warehouse. It does not take place until that stage, notwithstanding that we may have debited your card (see 2.7 below) or that we have sent acknowledging e-mails (see 2.4 above).

2.5 Order Amendments must be agreed and confirmed in writing prior to despatch for orders of standard stock items. Customised or special orders cannot be amended once the particular specifications have been passed to the Production Department. Please note:

2.5.1 – if you have provided us with dimensions to calculate your order quantities we ask that you check the dimensions and resulting calculations given on the Order Acknowledgement carefully, and notify us immediately of any discrepancies; we do our very best to be accurate but, regretfully, we cannot be held responsible for under- or over-ordering once an order has been despatched.

2.5.2 – it is your responsibility to ensure that you are completely satisfied that the product that you have ordered is suitable for your application and that you are aware of any relevant technical information and/or method of installation. Our Technical Team are at your disposal to clarify any queries that you may have relating to your project.

2.6 By purchasing these goods you are confirming that you are eligible to do so. Under English law you must:

– if an individual be 18 years of age or over (if you are under 18, you may only purchase goods under the supervision of a parent or guardian; and

– stipulate a delivery address within the UK and register your real name, address, phone number, e-mail address and any other details requested.

and should you not be eligible to do so you indemnify us from any liability as a result thereof.

In addition, by offering to purchase Goods and Services you agree to your debit or credit card details being passed to Natwest TYL, or any third party we may desire to use from time to time, to verify your payment details and authorise purchase transactions.

All card payments are processed in line with PCI DSS industry security standards.

2.7 We take payment from your card after we receive your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

2.8 Orders from outside the UK may only be accepted if a UK delivery address is provided. Overseas orders should be sent to sales@customaudiodesigns.co.uk for a quote.

2.9 A Purchase Order facility is available to approved and confirmed Account Holders only.

2.10 Non-acceptance of an order may be a result of one of the following:

2.10.1 The product you ordered being unavailable from stock

2.10.2 Our inability to obtain authorisation for your payment

2.10.3 The identification of a pricing or product description error

2.10.4 You not meeting the eligibility to purchase criteria set out in section 2.6.

3. Right to Cancel and Refund

3.1 Should you decide not to keep the product/(s), you may cancel the order up to 14 working days counting from the day following delivery with the exception of custom-made/custom-cut goods (e.g. painted/fabric-covered panels, screens and all acoustic fabric).

3.2 The cancellation period will expire after 14 days from the day:

3.2.1 In the case of a sales contract: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods”.

3.2.2 In the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good”.

3.2.3 In the case of a contract relating to delivery of a good consisting of multiple lots or pieces: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece”.

3.2.4 In the case of a contract for regular delivery of goods during a defined period of time: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good”.

3.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract by:

3.3.1 E-mail to sales@customaudiodesigns.co.uk; or

3.3.2 Fax on 01730 265846 addressed to the sales team; or

3.3.3 Letter (contact details given in Section 2.1), quoting your surname and order number; or

3.3.4 The Company Cancellation Form (for a copy please either contact the sales team on 01730 269572 or email sales@customaudiodesigns.co.uk).

We do not accept cancellations by telephone.

3.4 To meet the cancellation deadline, you must send your notification of cancellation before the cancellation period has expired. Once received, we will send you a cancellation acknowledgement via email without delay. It is your responsibility to prove that the contract was cancelled within the cancellation period in the case of any dispute.

3.5 If you decide to cancel, you should return the goods to us at your cost without undue delay and in any event no later than 14 days from the day on which you communicate your cancellation to us. (This also includes the cancellation of over-ordered goods).

3.5.1 If the goods have been delivered to you on a pallet, the cost for you to return them is estimated at a maximum of approximately £250.00 (excl. VAT)*, UK Mainland only.

*Price correct at time of publication and may be subject to change without prior notice.

3.6 Returned goods must arrive in good condition suitable for re-sale. Any loss or damage to any goods during transit will be deducted from the refund value.

3.7 If part of a bulk order is returned where the goods were subject to a multi-buy discount, then the full original discount, including that on any goods that the customer has retained, will be reclaimed.

3.8 Where the Right to Cancel has been exercised, we will reimburse all payments received from you including the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us). Refunds will be made without undue delay, and not later than:

14 days after the day we receive back from you any goods supplied;
If earlier, 14 days after the day you provide evidence of having sent the goods back (i.e. a signed proof of delivery).
3.9 Refunds are provided using the same method of payment as your purchase. For example if the purchase was made using a credit/debit card, the refund will be credited to your card. You will not incur any fees as a result of the reimbursement. Please note, we do not retain customers’ card payment details for security reasons so details will need to be re-communicated to the sales team. Whilst reasonable attempts will be made to contact the customer to acquire these details, it is the customer’s responsibility to ensure Custom Audio Designs Ltd is provided with the details in order to process the refund.

4. Right to Reject, Repair or Replacement of Non-Conforming Goods

4.1 In accordance with The Consumer Rights Act 2015, goods supplied must (be):

4.1.1 Of satisfactory quality (undamaged, free from minor defects etc.)
4.1.2 Fit for purpose (for which goods of that kind are usually supplied)
4.1.3 As described
4.1.4 Match a sample (if provided) or model (seen or examined).

4.2 In the unlikely event that you receive non-conforming goods, the following options for redress are available:

4.2.1 Short Term Right to Reject
4.2.2 Right to Replacement or Repair
4.2.3 Right to a Price Reduction or the Final Right to Reject

4.3 Short Term Right to Reject (non-conforming goods only)

4.3.1 If you decide to reject non-conforming goods, you must inform us (using one of the methods set out in sections 3.3.1 – 3.3.3) within 30 days beginning the day after the goods were delivered.

4.3.2 To meet the deadline for rejecting goods, you must send us notification before the official time period has expired. It is your responsibility to prove that we were notified within the official time period and the goods did not conform to the contract:

4.3.2.1 Please supply photographic evidence by e-mail to sales@customaudiodesigns.co.uk, quoting your surname, company name (if applicable) and invoice number.

4.3.3 Once your notification has been received and the evidence supplied has been approved, we will contact you to arrange collection of the goods.

4.3.4 Where the Right to Reject has been exercised, we will reimburse all payments received from you including the cost of delivery no later than 14 days from the day on which we received your notification.

4.3.5 Refunds are provided using the same method of payment as your purchase. For example if the purchase was made using a credit/debit card, the refund will be credited to your card.
Please note, we do not retain customers’ card payment details for security reasons so details will need to be re-communicated to the sales team. Whilst reasonable attempts will be made to contact the customer to acquire these details, it is the customer’s responsibility to ensure Custom Audio Designs Ltd is provided with the details in order to process the refund.

4.4 Right to Replacement or Repair (non-conforming goods only)

4.4.1 If you decide to accept a replacement or repair of non-conforming goods, you must inform us (using the methods set out in section 3.3.1 – 3.3.3) within 30 days beginning the day after the goods were delivered.

4.4.2 To meet the deadline for accepting a replacement or repair of goods, you must send us notification before the official time period has expired. It is your responsibility to prove that we were notified within the official time period and the goods did not conform to the contract:

4.4.2.1 Please supply photographic evidence by e-mail to sales@customaudiodesigns.co.uk, quoting your surname, company name (if applicable) and invoice number.

4.4.3 Once notification has been received and the evidence supplied has been approved, we will contact you to arrange return of the goods and to discuss the details of the delivery date for the replacement or repaired items. Replacement or repaired goods will be sent by the same delivery method as originally requested.

4.4.4 NB whilst waiting for replacement or repaired goods to arrive, the 30 day period stops running.

4.5 Final Right to Reject or Right to a Price Reduction (non-conforming goods only)

If the replacement or repaired goods fail to conform to the contract, or have not been carried out within a reasonable time or without significant inconvenience to the customer, the customer can choose to accept ONE of the following:

4.5.1 Reject the goods for a full refund, providing we have been informed (using one of the methods set out in sections 3.3.1 – 3.3.3) within the time period set out below:

(a) The remainder of the 30 day period* (as detailed in section 4.3.3), or

(b) Seven days (whichever period is longer).

4.5.1.2. To meet the deadline for rejecting the replacement or repaired goods, you must send us notification before the official time period has expired. It is your responsibility to prove that we were notified within the official time period and the goods did not conform to the contract:

4.5.1.3 Please supply photographic evidence by e-mail to sales@customaudiodesigns.co.uk, quoting your surname, company name (if applicable) and invoice number.

4.5.1.4 Once your notification has been received and the evidence supplied has been approved, we will contact you to arrange collection of the goods.

4.5.1.5 Where the Final Right to Reject has been exercised, we will reimburse all payments received from you including the cost of delivery no later than 14 days from the day on which we received your notification.

4.5.1.6 Refunds are provided using the same method of payment as your purchase. For example if the purchase was made using a credit/debit card, the refund will be credited to your card. Please note, we do not retain customers’ card payment details for security reasons so details will need to be re-communicated to the sales team. Whilst reasonable attempts will be made to contact the customer to acquire these details, it is the customer’s responsibility to ensure Custom Audio Designs Ltd is provided with the details in order to process the refund.

4.5.2 Accept the goods as they are and receive a reduction in price to take account of the non-conformance.

5. Prices

5.1 We reserve the right to revise prices and discounts without prior notice when necessary.

5.2 All prices are shown in pounds sterling but exclude VAT and delivery charges unless expressly stated otherwise.

5.3 Carriage and packaging are charged at our discretion by reference to courier and freight rates in force at the time.

5.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the goods at the correct price. If we are unable to contact you we will treat the order as cancelled. We will not accept an order if there is a pricing error.

6. General Goods Delivery Information

6.1 All dates and times quoted for despatch are estimates only and cannot be guaranteed. Although every effort will always be made to deliver goods on the preferred date, occasionally unexpected or unusual circumstances beyond the control of our couriers may delay your delivery to the next available date. If you are planning to book contractors please note that Custom Audio Designs Ltd shall have no liability for any delay or failure to deliver the products or any damage or loss occasioned thereby.

6.1.1 If goods are not delivered at the agreed time or within 30 days after the day that the contract was made (whichever is longer), the customer may treat the contract as at an end and receive a refund.

6.2 All deliveries require the customer to arrange for someone to be present to accept and sign for the delivery. This ensures the goods are delivered and received correctly. If you cannot be present to sign for the delivery, you may specify a different delivery address such as your workplace or a neighbour’s house, for example.

6.2.1 On arrival please check your consignment carefully and ensure that any discrepancies (I.e. non-conforming goods or shortfalls) are clearly noted on the acceptance paperwork issued to you by the courier at the time of delivery.

6.3 Your order may arrive via more than one courier delivery.

6.4 Couriers are contracted to offload goods as near as possible to the customer’s home or premises. Please note that couriers are not contracted to transfer items inside the customer’s property. You may find it useful to arrange for assistance to help you move your goods once the delivery has taken place.

6.5 Each order includes the cost of one delivery; only one delivery attempt can be made for each order. If delivery cannot be made due to the customer or the customer’s representative not being at the given address, the customer will be charged the cost for re-delivery before a second delivery attempt will be made.

6.6 If the delivery address is changed once an order has been placed the customer may incur a surcharge to cover any additional costs involved in making delivery to the new address. Please note that these costs must be paid in full before the order will be delivered and that changing the delivery address may adversely affect the delivery date.

6.7 If, for any reason, the customer is unlikely to hear the arrival of the courier (e.g. work in progress, shared accommodation etc.) or circumstances beyond the customer’s control make the customer unavailable, it is the customer’s responsibility to ensure clear instructions are left about whom to contact at the delivery address or to leave a written authority to offload the goods at the delivery point. (Please note that, where a written authority has been left, if the courier cannot safely leave the goods the customer will be charged the cost for re-delivery before a second delivery attempt will be made.)

6.8 Proof of Delivery Documentation can be provided if specifically requested. Please note, however, that this information is only stored electronically for three months and therefore is unavailable after this period.

7. Pallet Delivery Information

7.1 Bulkier orders may be sent on pallets in order to reduce delivery costs. Each order includes the cost of one delivery. Only one delivery attempt can be made for each pallet delivery. Couriers are contracted to offload pallets to the kerbside only.

Please note that it is your responsibility to arrange to move your goods from the kerbside and dispose of the pallet responsibly once the goods have been delivered. If delivery cannot be made due to the customer not being at the given address, the customer will be charged the cost for re-delivery before a second delivery attempt will be made.

7.2 Pallets are usually delivered using 7.5 ton lorries. Please note that it is the customer’s responsibility, at the time of placing an order, to inform the Sales Team if access to the delivery address is unfeasible or restricted in any way. If the courier is unable to deliver the pallet, due to unfeasible or restricted access, the customer will be charged the cost for re-delivery before a second delivery attempt will be made.

7.3 If, for any reason, the customer is unlikely to hear the arrival of the courier (e.g. work in progress, shared accommodation etc.) or circumstances beyond the customer’s control make the customer unavailable, it is the customer’s responsibility to ensure clear instructions are left about whom to contact at the delivery address or to leave a written authority to offload the goods at the delivery point. (Please note: where a written authority has been left, if in the courier’s view the instructions cannot safely or practically be carried out and the delivery is returned, the customer will be charged the cost for re-delivery before a second delivery attempt will be made.)

7.4 Proof of Delivery Documentation can be provided if specifically requested. Please note, however, that this information is only stored electronically for three months and therefore is unavailable after this period.

8. Goods for Collection Information

8.1 Customers wishing to collect goods will be advised of the collection point and opening times via their order acknowledgement.

8.2 Customers are requested to either call the Head Office on 01730 269572 or email sales@customaudiodesigns.co.uk to notify the Sales Team when goods are to be collected.

8.3 Customers wishing to collect custom-made goods may do so providing that the goods are collected within 2 days of the collection date previously specified (in section 8.2) otherwise a daily storage fee will be applied at the rate of £2 plus VAT per day per single pallet.

8.4 On arrival, customers will be requested to sign and date a Goods Collection Note as proof that the goods have been collected

9. Terms of Payment

9.1 We accept payment via BACS, CHAPS, cheque and all major credit/debit cards including VISA, MasterCard, Debit, JCB, Electron, Maestro, Solo and Delta, excluding American Express. There is no on-line payment facility currently available. For alternative electronic payments, our bank details are:

Bank Name: NatWest Bank

Account Name: Custom Audio Designs Ltd

Account Number: 80011950

Sort Code: 60 – 16 – 26

IBAN: GB19 NWBK 601626 80011950

SWIFT: NWBK GB 2L

Registered in England no. 04734051. VAT NO: GB 717 888 580

9.2 For payments by cheque please allow five working days following our receipt of your cheque for clearance. Cheques must have cleared before goods are despatched. Please make cheques payable to Custom Audio Designs Ltd.

9.3 For overseas orders from EU Member States we will require a valid VAT number to accompany the order or VAT will be charged at the appropriate rate.

10. Product Specifications and Substitutions

10.1 We are constantly seeking to improve our products and reserve the right to alter the design or specification of any of our products at any time without notice or liability. We will do our best to offer you a substitute of the same or better quality at the same price. If you are unhappy with the replacement you can cancel the order in accordance with our Right to Cancel and Refund Policy (see Section 3). In this circumstance unwanted replacement items would be returned at the expense of Custom Audio Designs Ltd.

10.2 Goods are supplied in good faith and in accordance with the published specification. Custom Audio Designs Ltd will never knowingly supply sub-standard goods or services.

10.3 All efforts are made to ensure published information is accurate but we recognise that occasionally proofing errors or omissions may occur. Corrections will usually be made to our website between one and eight working hours following notice of an error.

10.3.1 Mispricing. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. We will not accept an order if there is a pricing error.

11. Termination

11.1 Without prejudice to any other rights which we may have, we shall be entitled to terminate any contract forthwith and demand immediate payment of any amount due if the customer:

11.1.1 Commits any breach thereof; or

11.1.2 Commits any breach of any of these terms and conditions; or

11.1.3 Becomes insolvent or enters into composition with or for the benefit of the customer’s creditors or (being a body corporate) has a Receiver or Administrator appointed over its undertaking or assets or goes into liquidation.

12. Risk and Title

12.1 We retain ownership of the products and shall be entitled to dispose of them until whichever of the following two events first occurs:

12.1.1 We have received unconditional payment in full for all the products subject to this contract; or

12.1.2 Property of the products passes to a purchaser from the customer by way of bona fide sale at full market value.

12.2 If payment is overdue in full or in part we may, in addition to our other rights, recover or resell the products and for that purpose we, and persons authorised by us, are irrevocably licensed to enter the customers’ premises or any other premises where we believe the products to be.

12.3 Payment shall become due immediately upon the commencement of any act or proceeding which, in our opinion, places in jeopardy our title to the products.

12.4 Should Custom Audio Designs Ltd require the services of a debt collection agency to collect any monies outstanding or unpaid then we reserve the right to pass on those fees to the debtor.

12.5 Interest on outstanding amounts will be charged at the prevailing Bank of England base rate plus 8%.

12.6 Goods remain at the trader’s risk until they come into the physical possession of:

a. the consumer; or

b. a person identified by the consumer to take possession of the goods.

12.7 This does not apply if the goods are delivered to a carrier who:

a. is commissioned by the customer to deliver the goods; and

b. is not a carrier the trader named as an option for the customer.

In that case the goods are at the customer’s risk on and after delivery to the carrier. This does not affect any liability of the carrier to the customer in respect of the goods.

13. Indemnity

13.1 Where any products supplied by us pursuant to these conditions are produced to the customer’s designs, plans or specifications the customer shall indemnify us and keep us indemnified against all actions, claims, costs, damages or losses incurred by us for the infringement or alleged infringement of any patent, registered design, trademark, copyright or similar protection in respect of the products so produced and/or as a consequence of such designs, plans or specifications proving to be defective in any way or leading to the manufacture of a defective product.

14. Fixing and Application

14.1 Fixing and application of all our products is the responsibility of the customer.

15. Customer comments, complaints and feedback – help us get it right

15.1 The better we do it the more we can pass on in benefits to our customers. We take seriously all comments, complaints and feedback that we receive from customers. Whether by letter, email or a call, we will try to respond as soon as possible and, at most, within five working days. We welcome all the very positive comments that we receive as much as the constructive criticism. We will let you know if we need longer to reply and we will also keep you informed of progress where relevant. A Director or Senior Business Manager will respond to your feedback as appropriate.

16. Applicable Law

16.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

16.2 Relevant codes of conduct as defined in regulation 5(3)(b) of the Consumer Protection from Unfair Trading Regulations 2008. Printed copies of enacted legislation can be purchased from The Stationery Office Limited (TSO), The Stationery Office Limited, PO Box 29, Norwich, NR3 1GN. Phone: +44 (0)870 600 5522 Fax: +44 (0)870 600 5533 or, alternatively, visit www.legislation.gov.uk/ukdsi/2008/9780110811574/contents

Your statutory rights are not affected.

I Doc. no. 30083 I V.15 16.10.15 I S&CS I INFO I