Terms and Conditions of Sale
These terms and conditions (Terms) apply to the sale of professional audio equipment advertised for sale on our website (Products) and will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure you understand them before you submit your order to us. These Terms apply to purchases of Products by consumers only. If you are a business or trade customer and wish to purchase any Products, please contact us via telephone on +44 (0)1282 457 011 before placing any order.
1 Information about us and use of our website
1.1 The website www.ams-neve.com is operated by AMS Neve Limited. We are a company registered in England and Wales under company number 05478352 and our VAT number is GB864335708. Our registered office is at Head Office, Billington Road, Burnley, Lancashire, BB11 5UB.
2 How we use your personal information
3 Communications between us
3.1 You can contact us by telephoning us on +44 (0)1282 457 011, by fax on +44 (0)1282 417 282 or by writing to us at firstname.lastname@example.org or at AMS Neve Ltd, AMS Technology Park, Billington Rd, Burnley, Lancashire, England, BB11 5UB.
3.2 If we have to contact you, we will do so by telephone or in writing, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means.
3.3 When we refer in these Terms to “in writing”, this will include e-mail. This clause shall not apply to the service of any proceedings or other documents in any legal action.
4 Our Products
4.1 The images of the Products on our website and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images.
5 Our Contract with you
5.1 You will only be able to place an order with us if you are resident in the UK and the EU, and are at least 18 years old.
5.2 All orders placed are subject to these Terms. Before submitting an order through our website, you will be required to tick a box to confirm your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our website.
5.3 All orders are subject to our acceptance. After you have placed an order, you should receive an email acknowledging your order. This does not mean your order has been accepted by us. Our acceptance of your order will take place when we e-mail you to confirm acceptance of it, at which point a Contract will come into existence between you and us.
5.4 If we are unable to accept your order, we will inform you of this and will not process your order. This might be because a Product is out of stock or because we have identified an error in the price or description of a Product, for example. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6 Changes to the Product
6.1 We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If we have to make any significant changes to any Product you have ordered, we will notify you and you may choose to continue with or cancel your Contract in respect of the affected Products.
7.1 The prices of the Products will be the prices indicated on the order pages of our website when you placed your order. We take all reasonable care to ensure that the prices of the Products on our website are correct. However, please see clause 7.4 for what happens if we discover an error in the price of any Product you order.
7.2 All prices are shown in pounds sterling. The price of a Product includes VAT (where applicable) at the relevant current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.3 Prices for our Products may change from time to time, but the changes will not affect any order you have already placed and that we have accepted (except in the circumstances set out in clause 7.2).
7.4 Despite our best efforts, some of the Products on our website may be incorrectly priced. We will normally check prices before accepting your order, so that if we discover that: (a) the Product’s correct price at your order date is less than the price we stated when you placed your order, we will charge you the lower amount when we take payment; and (b) the Product’s correct price at your order date is higher than the price stated on our website when you placed your order, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct higher price or cancelling your order. We will not process your order until we have your instructions. If we accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
8.1 We accept payment by [debit card, credit card via Stripe and PayPal]. We accept the following cards: [MasterCard, Visa, American Express].
8.2 You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order, before we dispatch the Products.
9.1 The costs of delivery will be as indicated on the order pages of our website when you placed your order. Please check and ensure that you select the correct method of delivery for your order.
9.2 Standard estimated times for delivery are stated from the date of dispatch.
9.3 Delivery of your order shall be complete when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.4 If after a failed delivery to you, you do not re-arrange delivery or collect your Products from our logistics partner, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 13 will apply.
9.5 You will own the Products once we have received payment in full.
10 International delivery
10.1 We deliver to destinations in the UK and Europe only. Unfortunately, we do not deliver to addresses outside the UK or Europe.
10.2 If you order Products from us for delivery to a destination in Europe:
(a) your order may be subject to import duties and taxes, which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
(b) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
(c) if you return any Products to us from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “to supplier” or wording having similar effect.
11 Your right to cancel the Contract
11.1 If you are a consumer and reside in Europe, you have a legal right to cancel your Contract if you change your mind within 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery. Advice about this legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
11.2 To cancel a Contract under clause 11.1, you just need to let us know that you have decided to cancel within the timescale set out in clause 11.1. The easiest way to inform us of your decision to cancel your Contract is by:
(a) e-mailing us at email@example.com;
(b) writing to us at AMS Neve Ltd, AMS Technology Park, Billington Rd, Burnley, Lancashire, England, BB11 5UB; or
(c) calling us at +44 (0)1282 457 011. If you are e-mailing or writing to us, please include details of your order to help us identify it.
11.3 If you cancel your Contract under clause 11.1 after the Products have been dispatched to you or you have received the Products, then you must return them to us at our Head Office at Billington Road, Burnley, Lancashire, BB11 5UB.
11.4 Unless the Products are faulty or not as described (in this case see clause 12), you will be responsible for the cost of returning the Products to us. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the Contract.
11.5 If you cancel your Contract under clause 11.1 we will:
(a) refund you the price you paid for the Products. However, please note that applicable law permits us to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by you handling them in a way that would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
(b) refund any charges you have paid for delivery of the Products to you, although, as permitted by law, the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination; and
(c) make any refunds due to you: (i) 14 days after you inform us of your decision to cancel the Contract, if you have not received any of the Products; or (ii) 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us, if you have received any of the Products.
11.6 Any refund will be paid by the method you used for payment.
12 Faulty or mis-described Products
12.1 We are under a legal duty to supply Products that are in conformity with the Contract and these Terms.
12.2 If you consider that any Product we have supplied is faulty or mis-described, please notify us using the contact details set out in clause 3.1. You must return such Products to us in accordance with our reasonable instructions, and we will have a reasonable opportunity to inspect the Products. If the Products are faulty or mis-described we will refund the price of the Products in full, together with any applicable delivery charges, and the reasonable costs you incur in returning the Products to us.
12.3 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office or the equivalent consumer protection organisation in your jurisdiction.
13 Our rights to end the Contract
13.1 We may end the Contract at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or (c) you do not, within a reasonable time, allow us to deliver the Products to you.
13.2 We may also end the Contract in the circumstances set out in clause 7.4(b).
13.3 If we end the Contract in any of the situations set out in clause 13.1, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
14 Our liability to you
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We only supply the Products under these Terms for domestic and private use. If you use the Products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which we may not exclude or limit our liability under the Consumer Rights Act 2015 or any other applicable law.
15 Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties (but not by our own staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (excluding our own private networks), failure of sub-contractors, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 15 please contact us using the details set out in clause 3.1.
16 Intellectual property rights
16.1 All intellectual property rights in our Products are owned by us or our licensors. Intellectual property laws and treaties around the world protect those works. All such rights are reserved.
17.1 If you have any complaints about our Products, you can contact us using the details provided at clause 3.1. 17.2 If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here.
18 Other important terms
18.1 These Terms, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order.
18.2 Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
18.3 We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
18.4 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.5 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.8 Please note that these Terms, and any Contract and any dispute or claim arising out of or in connection with it shall be governed by English law. The exception to this is if you are not resident in England and Wales the laws of England and Wales shall apply only to the extent that they do not override any mandatory laws of the country in which you have your usual place of residence.
18.9 In respect of any dispute or claim relating to a Contract, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and/or your Contract or their subject matter. Nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence.
These Terms were most recently updated on 25th September 2019.