Introduction
Please read these Terms and Conditions carefully before using this website operated by Guevera Limited (Company Number: 5230515 and VAT Number: GB 869 134 103). By accessing or using our website you agree to be legally bound by these Terms and Conditions as they may be modified and posted on our website from time to time.
Buying products on our website
Details of Procedures, Products, Prices, Payment and Delivery are displayed on our website.
You will be given clear instructions on how to navigate our simple on-line Order process and you shall be required to provide us with your accurate personal details. By clicking on the Proceed button on the Order form you are consenting to our Terms and Conditions.
If you have a comment concern or complaint about a Product you have purchased from us, please contact us via our contact form or by post to:
Customer Services Manager
Audio Relief
DIG - 3rd Floor
39 Hatton Garden
London
EC1N 8EH
Prices
Prices listed are in £GBP and are inclusive of Delivery costs. Prices with VAT added and VAT free prices are listed.
We may change the advertised price of a Product at any time. The price you pay will be the price in force at the time of your Order.
The price on your Order will be validated by us as part of the acceptance procedure. We try to ensure Prices displayed on our website are correct at all times.
Should a Pricing error arise, we will inform you if a Products correct price is higher than that stated on your Order and you may choose to either proceed with or Cancel the Order.
We will endeavour to match the Price of any like-for-like Product you find on-line.
General
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
We may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Terms and Conditions on the website regularly.
These Terms and Conditions together with the privacy policy, any Order form and payment method instructions, if any, are the whole agreement between you and Us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, privacy policy, Order form and payment method instructions.
If any provision or terms of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor Guevera Limited will be held liable for any failure to perform any obligation to the other due to causes beyond your or Guevera Limiteds respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waive of that obligation or right.
These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Notices
All notices shall be given to us via email: admin -at- audiorelief.co.uk or by post to:
Customer Services Manager
Audio Relief
DIG - 3rd Floor
39 Hatton Garden
London
EC1N 8EH
to either the email or postal address you provide during any Ordering process. Notice shall be deemed received when an email is received in full by 5pm (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Modifications to website
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.
Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies.
These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and/or sale of the Products.
Please note that our website is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our website. If you do not qualify you may not use our website.
Liability
We promise that for any Product you purchase from our website:
* We have the right to sell the Product to you;
* The Product will correspond with the description we have given to you; and
* The Product will be of satisfactory quality.
We also promise that any service we provide to you will be provided with reasonable skill and care. Subject to our Delivery statements, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permissible by applicable law.
Applicability of online materials
Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.
We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. Guevera Limited makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.
You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Guevera Limited accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Guevera Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an Order with Us or using our website as a shopping resource.
However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in Order to complete any test or questionnaire.
Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an as is basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms and Conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Us or our servants, agents or any other person or entity.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Last updated September 1st 2008 |