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Audio Express Terms and Conditions (T&Cs)

You know the bit on radio advertising, where they start to speak quickly and say "terms and conditions apply"?

Well this is our equivalent of 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 Audio Express 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, as we all remember from Fawlty Towers, 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!

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.

1. Introduction
2. About us
3. Contacting us
4. How a contract for the sale of products is formed
5. Orders for Goods
6. Product descriptions
7. Pricing
8. Condition of products
9. Guarantees
10. Delivery of products
11. Your right to cancel
12. Returns Policy (including warranty returns)
13. Use of the website
14. Privacy and Cookies policy
15. Our liability to you
16. Effects of legislation
17. Force Majeure
18. Recycling and WEEE
19. General


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 premises 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. All images shown on our website are for illustrative purposes only and may not represent a perfect likeness in reality.


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 are delivered to our customers as supplied to us 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, or their UK distribution agents - we do not sell 'grey imports'.


9. Guarantees:

The guarantee (i.e. service warranty) 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 transferable to subsequent purchasers of the equipment. The guarantee is strictly 'return to shop', subject to the conditions detailed in 12-i, 12-ii and 12-iii below. Please note that in order to activate their extended warranties, some manufacturers require customers to register their products online.


10. Delivery of products:

Nearly all our Hot Deals include free 'next working day' UK mainland delivery, but it is important to remember that a few of the specialist manufacturers we deal with do not allow retailers to distance sell their products at all. We therefore cannot offer any delivery service for those products - they have to be paid for in-store and collected from the shop, by the customer. If we are not allowed to distance sell a product, there will be no free delivery option shown on our website and any attempt to buy the product online, will not be allowed to proceed.

This stipulation is dictated to us by the manufacturers in question and is therefore out of our control, but it is important to remember that it only affects a very small percentage of the Hot Deals we offer. The vast majority of our deals do include free 'next working day' UK mainland delivery, 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, beyond the cost of the goods themselves. 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 3pm on the day preceding the target delivery day.
  • This is a 'best endeavour' next working day service - Saturdays, Sundays and Bank Holidays are not classed as working days, so there are no deliveries on those days.
  • Free overnight delivery is to most parts of mainland UK - surcharges + longer delivery times apply to other areas (e.g. Northern Ireland, I-O-M, Scottish Highlands)
  • We do not ship at all to the northern Scottish Islands, the Isles of Scilly, the Channel Islands, to freight forwarders, or to PO Box numbers and we don't export outside the UK.
  • 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. However, on the day your goods are dispatched, you will be sent a tracking email which will go live on the morning of delivery, with an estimated delivery time.
  • We can ship to the cardholder's address, or to the cardholder's verifiable work address, subject to security clearance.
  • If you pay using your Amazon or Paypal account, we can only ship to the address on that account and you will be asked to provide ID for that address.
  • Our couriers are under contract to only deliver to the target delivery address and to take a signature at that address. Goods will not be left without a signature or at any address other than the target address and for security reasons, there is no facility for customers to collect from the depot.
  • 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 Consumer Contracts Regulations 2013 and EC Directive 2011/83/EU, customers have the right to cancel any order, within 14 days of receiving their goods and receive a full refund, subject to our terms and conditions - see section 11 below.



11. Your right to cancel:

Creative Audio (Shrewsbury) Ltd adheres to the Consumer Contracts Regulations 2013 and EC Directive 2011/83/EU. From the time an order is placed with us, up until fourteen days from the day after 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 / payment system, originally used by the customer) within 14 days of us receiving the goods back, subject to the following conditions:

  • The customer must inform us in writing, within 14 days from the day after they first receive their goods that they wish to cancel and then return the goods to us within 14 days of the date on which they inform us they wish to cancel.
  • All our goods are dispatched with a receipt inside their box.  In the event of a cancellation / return, the customer must be able to produce a proof of purchase, a copy of which should be included with the goods, at the time of return. It is the customer's responsibly to keep all receipts  - we do not issue copy receipts.
  • Goods must be returned to us in perfect condition, complete with original packaging and all accessories. The Consumer Contracts Regulations 2013 states that the extent to which a customer can handle the goods bought at distance is the same as would be permitted if they were examining the goods in a shop and that a reduction in the amount the retailer refunds to a customer can be made if the value of the goods in question has been reduced as a result of the customer's handling of those goods.  We are therefore happy for customers to examine their goods, by carefully opening each box, but those boxes and the goods within them must otherwise be kept in 'as new condition' to qualify for a full refund. The original boxes must be used if the goods are returned to us, because the safe transportation of electrical goods relies on the use of boxes that are custom-designed to fit each individual item. If the goods are not received back in perfect condition, complete with original packaging and all accessories, we reserve the right to charge a re-stocking fee, based on the loss of resale value.
  • Return freight must be organised and paid for by the customer. Return is at the customer's risk, so we would suggest using a reputable, insured courier. If the goods are received damaged in any way, we reserve the right to charge a re-stocking fee, based on the loss of resale value
  • Any 'free gifts' supplied with the goods must be returned.

Please note that the Consumer Contracts Regulations 2013 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. Please also note that we extend the same cancellation rights detailed above, to customers who purchase in-store, rather than online or over the phone.



12. Returns policy (including warranty returns):

There are four reasons a piece of equipment might need to be returned to us...

i.  Unwanted goods
ii. Straight from the box failures  (i.e. goods that have failed within 28 days of their purchase date)
iii. Warranty failures  (i.e. goods that have failed more than 28 days from their purchase date, but still within their warranty period)
iv. Out of warranty failures

i. Unwanted Goods

As we have already stated, we adhere to the Consumer Contracts Regulations 2013 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 Consumer Contracts 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.


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 most probably not down to procedural error, we will, at our discretion and on a day that is convenient to both parties, either arrange for uplift of the faulty unit so that we can quickly examine it at the shop then replace it if it is found to be faulty, or we will arrange for a 'swap-out', whereby we will simultaneously uplift the faulty item and replace it with a new unit that has been tested prior to leaving the shop. 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.

The safe transportation of electrical goods is dependant on the use of customised packaging that has been specifically designed for the products in question, so our uplift service is conditional on the customer having kept the original box and all internal packing material - we will not normally 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 potentially forfeits the right to our free courier uplift. The only other exception to our offer of free uplift applies to customers who live in (or have moved to) any of the areas detailed in point 5 of the section labelled 'Delivery of products' 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, resulting from the failure of a product we have sold. 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 agreed date of the uplift and the agreed date for replacement. We appreciate that this can sometimes be inconvenient, so to help, we can arrange uplifts and deliveries to take place at either the customer's home or work address.


iii. Warranty failures  (i.e. goods that have failed more than 28 days from their purchase date, but still within their warranty period).

As previously stated, if a piece of equipment we supplied fails within 28 days from the purchase date shown on its receipt, we will uplift it and replace it as detailed in 'Straight from the box failures' above. If a unit fails after 28 days from the purchase date shown on its receipt, but within 6 months from the purchase date shown on its receipt, we will uplift it and repair / replace it as quickly as possible, then return it to the customer at our expense. If a unit fails after 6 months from the purchase date shown on its receipt, 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, subject to the following conditions:

  • The customer must be able to produce a 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 courier service, with the necessary insurance. We and most manufacturers strongly advise customers to retain all original boxes in case units have to be shipped for service.
  • We endeavour to carry out repairs as soon as possible (usually within 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.
  • We will ship the repaired unit back to the customer on a day that is convenient for them to receive it, at their home or place of work (we contact customers prior to shipping, to ascertain this). Please note that any freight damage / loss must be reported to us within 48 hours of the receipt of the repaired goods.
  • I am afraid we cannot offer loan equipment to customers, to cover them whilst their unit is being repaired.

iv. Out of Warranty failures

We always try 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. As a general rule, we don't service units that we didn't sell in the first place.



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 and Cookies policy:

i. Privacy

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

 

ii. Cookies

What are cookies?

Cookies are small text files used by websites to log information and enable certain functionality. Cookies are completely harmless and anonymous, so will never hold personal or confidential information about you. We use cookies for a variety of reasons, mainly to improve your shopping experience and make the website more efficient to use, but also to provide us with information that helps improve the quality of our website. Some of the cookies we use are essential to make the website work properly and enable you to shop online. Without these your experience of our website would be very restricted.

 

Cookies used on www.creative-audio.co.uk and www.audio-express.co.uk

The following table lists the cookies we use and why we use them:

Cookie Type Cookie Name Purpose
Site Essential Basket Cookie

PHPSESSID

This cookie is essential to the running of the site, as it’s required to log 'basket' contents etc.

Google Analytics

_utma
_utmb
_utmc
_utmz

These cookies are used to record information about how our site is used. We use the information to improve our website and identify areas which need to be made more user-friendly. Whilst these cookies capture visit levels, they are wholly anonymous.
Click here for an overview of privacy at Google

DoubleClick (Google Adwords) id

This cookie is used to help us understand what visitors do when they come through to our site from a Google advert.
Click here for an overview of privacy with Google ads

Amazon Checkout

session-id
session-id-time

These cookies give customers the option to checkout using 'Amazon Payments'.
Click here for an overview of privacy with Amazon Payments

 

Your options

We hope the above explains openly which cookies we use and why. If you want to prevent us placing any of these cookies you can, by changing the settings in your browser. You will however find that your experience of our website will be affected and you won’t be able to use some areas. For more information on cookies and how to manage their settings, we recommend that you visit www.allaboutcookies.org. Please be assured that cookies do not hold personally identifiable information. Any sensitive information we do hold about you is completely confidential and we will never sell your details on to any third party.



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 / transferral / 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 optimises 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.