Terms and conditions

 

L-ACOUSTICS eSTORE

Last updated on July 13, 2020

 

Preamble

 

This website (http://estore.l-acoustics.com) is operated by Delta Live Limited, a Private Limited company having its office at 21 Island Farm Avenue, West Molesey, Surrey, England, KT8 2UZ, registered in England and Wales under the number 02284222, VAT number 493594204.

 

This website and all the goods depicted herein are intended for Consumers only, as defined below. Whether you are a professional, i.e. acting for trade, business, craft or profession, please visit www.l-acoustics.com. You’ll find coordinates to L-Acoustics’ Certified Providers which can provide you all products and technical support and other information you could require, next to your location.

 

Please carefully read the following articles. By placing an order on this website, you shall accept and be bound by these Terms and Conditions.

 

1.   Definitions

 

Seller” means Delta Live Limited, a UK based company, as stipulated above;

Buyer” means a consumer having placed or considering placing an order according to the ordering process set out in Article 3;

Consumer” means an individual acting for purposes which are wholly or mainly outside of that individual’s trade, business, craft or profession;

Products” means goods presented by the Seller on the Website and clearly identified as available to purchase by Buyer;

Pre-order Products” means goods presented by the Seller on the Website and clearly identified as available for reservation by Buyer;

Order” means a firm offer for Products transmitted by Buyer to Seller through the Website.

The Website” means http://estore.l-acoustics.com.

The Parties” means Seller and Buyer. At singular, it designates either Seller or Buyer.

 

2.   Products

 

2.1 Seller’s Products are precisely described on our Website through dedicated pages. Buyer shall be responsible for ensuring that such description meets Buyer’s actual needs.

 

Should Buyer have any other questions about any Product which are not answered to on the Website, Buyer can contact Seller’s Customer Service (see Article 13).

 

2.2 Otherwise specifically indicated on the Website, all Products are deemed available to purchase by Buyer. Should an error or a Force majeure event occurs, preventing Seller to deliver the Product in a timely manner, Seller shall contact Buyer by e-mail.

 

2.3 Since most of the Products are highly technical goods, Buyer commits to read carefully and follow the user’s manual provided by Seller.

 

3.   Ordering process

 

3.1 Presentation and advertisement of the Products on the Website shall not be deemed a contractual offer from the Seller but a mere invitation to treat. No contract shall be legally binding between the Parties unless the ordering process, as stated below, is fully complied with.

 

3.2 Buyer shall have the possibility to add any Product to its virtual shopping basket, change quantities or delete Products from such virtual shopping basket. Only by clicking “Proceed to check out” shall Buyer enter the ordering process. This process is non-binding until the Order is placed.

 

3.3. During the ordering process, Buyer shall have to:

 

(i)        create an account or connect to an existing account; and,

(ii)       check the references of the Products Buyer wants to order and their quantities; and,

(iii)      choose a delivery option, if applicable, and fill out the form with its name and the required delivery address; and

(iv)      choose its payment methods and fill out the preferred invoice address; and,

(v)       if applicable, indicate a voucher code; and

(vi)      accept these terms and conditions by ticking a dedicated box; and,

(vii)     clicking the “Place Order Now” button and proceed to payment or down payment.

 

3.4 Until Buyer has clicked the “Place Order Now” button, corrections of input errors can be made by Buyer to any of the information required under Article 3.3.

 

3.5 Proceeding to payment online shall cause Buyer to send a firm offer to purchase to Seller. Seller shall thus acknowledge Buyer by e-mail of the mere receipt of such offer (i.e. an Order receipt confirmation).

 

Whether payment is not made online through the website, for instance by bank transfer, Seller shall first acknowledge Buyer by e-mail of the mere receipt of such offer (i.e. an Order receipt confirmation) and then, once the payment is made, of such payment (i.e. a payment receipt confirmation). The Order shall not be considered as firm, until Seller actually receives such payment in full.



3.6 Pre-orders

 

3.6.1 Some goods presented on the Website may not be directly available to purchase by Buyer at the time of his/her offer to purchase. Those will be clearly indicated as Pre-order Products.

 

3.6.2 Buyer shall be entitled to reserve such Pre-order Products which shall be sent by Seller at a later date. Seller shall only provide a non-binding estimate of the date or period at which the Pre-order Products shall be actually available to purchase.

 

 

3.6.3 Buyer’s Product reservation shall require a down payment by Buyer which shall amount to no greater than ten percent (10%) of the Pre-order Product’s price, in accordance with the ordering process set out in Article 3.3 and 3.5. This down payment shall either be refunded or remain acquired for Seller depending on the situations set forth in Article 3.6.4 below.

 

3.6.4 When the reserved Pre-order Products are actually available, Seller shall send out a notification email in which Buyer shall be a) informed of an estimated Product delivery date, and b) invited to confirm the Pre-order and proceed to payment of the remainder of the Pre-order price within five (5) business days from the receipt of such notification. 

Buyer may cancel the Pre-order within such time period by email and Seller shall thus reimburse Buyer not later than ten (10) business days following receipt of said email. 

In the event, within the above five (5) business days period:

 

             Seller receives no Pre-order cancellation from Buyer in writing, or

             Buyer remains silent, or

             The remainder of the Product Price is not paid in full,

 

the Pre-order shall therefore be deemed to be cancelled and Buyer’s down payment shall be forfeited to cover the handling and administration costs incurred by Seller to prepare Buyer’s Pre-order.

 

3.7 Offer to purchase shall be formally accepted by Seller and the sale contract formally entered into between the Parties as the ordered Products are shipped from Seller’s premises. Seller shall thus notify Buyer thereof by e-mail (i.e. a Product shipment confirmation).

 

3.8 Notwithstanding the stipulations of Article 8, no Order which has been accepted by Seller according to Article 3.7 may be cancelled by Buyer except with a specific written agreement of Seller.

 

3.9 Orders shall only be placed under the languages clearly identified on the main page of the Website.

 

3.10 Seller reserves the right to refuse any Order transmitted through the Website by a professional or non-Consumer.

 

3.11 Whether an accepted Order is cancelled by Seller or Seller does not accept Buyer’s offer to Purchase, Seller shall notify and reimburse Buyer not later than ten (10) business days following such cancellation or refusal.

 

4.   Price and payment

 

4.1 Price of each Product is indicated on the Website.

 

4.2 Prices include VAT (20%, this rate may vary from time to time without notice according to applicable regulation) and, where applicable, Waste Electrical and Electronic Equipment costs of collection, disposal and treatment (see Article 11.3).

 

4.3 Prices do not include customs duties or any other direct or indirect charge relating to or in connection with the importation or exportation of the Products outside the United Kingdom. As those costs vary for each country, they shall be borne by Buyer. For any further information about duties and administrative declaration, Buyer should contact his/her national customs office.

 

4.4 Price of each Product do include packaging costs, but do not include delivery costs. During the ordering process (see Article 3), Buyer may have the choice of different type of deliveries. Each one will indicate the additional cost to be added to the Product price.  

 

4.5 Product set-up price

 

4.5.1 For the countries indicated in Products’ descriptions, price may also include a half day professional setting-up service of the Product at Buyer’s location, including system connection, calibration and basic operation training by qualified technicians. Service excludes any installation or integration work.

 

4.5.2. Whether Buyer is located in another country than those provided for in Article 4.5.1 and a professional setting-up service of the Product is indicated in the Product’s description, such service could be proposed to Buyer as an additional service. Its cost is not included in the Product price and shall be fully charged to Buyer, based on the foreseen costs of travel to Buyer’s location and labour costs. Buyer is invited to contact Seller’s Customer Service (art. 13) for any further information.  

 

4.5.3 Where applicable, Seller’s Customer service shall contact Buyer promptly after sending the Product so as to set a date and confirm the Product’s installation place in Buyer’s indicated country. Buyer’s refusal to benefit from a setting-up service included in the Product price shall not lead to any price reduction.

 

4.6 Prices are indicated in Euros (EUR) and payment should be settled in the same currency. Prices shall not include any bank charges or fees in relation with conversion rates. 

 

4.7 Payment of an Order shall only be made by bank transfer, PayPal, credit or payment card. Prices shall not include any bank charges or fees in relation with the use of a dedicated means of payment. 

 

4.8 In case of a discrepancy between the price indicated on the Website for a Product and its actual price, Seller will contact Buyer by e-mail. Should the real price be higher than previously indicated, Seller will ask whether Buyer accepts to pay extra costs or prefers to cancel its Order. Should the real price be lower than the price actually paid by Buyer, Seller shall propose to reimburse Buyer for the difference.

 

5.   Delivery

 

5.1 Delivery of the ordered Products shall be made according to the method of transportation chosen by Buyer following Seller’s proposals.

 

5.2 Delivery is completed when the ordered Products are handed to Buyer or any third person chosen by Buyer at the delivery address provided by Buyer during the ordering process.

 

5.3 Buyer makes its best efforts so as to respect delivery lead times. However, any delivery date specified by Seller is calculated from the shipping of the Product from Seller’s warehouses and is an estimate provided for reference and information purposes only, considering the address of Buyer and the information given by the carrier selected by Buyer following Seller’s proposals. It has thus no binding effect and Seller shall not be liable for any delay, as for any loss or damage caused by such delay.

 

5.4 Seller’s shipping policy is detailed below:

 

Small Products shall be shipped by Seller using tracked mail. The estimated delivery times are: eight (8) days for standard delivery or five (5) days if Buyer opts for an express delivery using tracked and signed for service.

Larger Products or combined Products up to thirty kilos (30 kg). The estimated delivery time is six (6) days tracked and signed for.

Shipment of Products over thirty kilos (30 kg): Products that exceed our regular courier's maximum weight/ dimensions limit will be shipped with a freight forwarding service. Shipments to islands or countries not included in our rate card will be charged the actual shipping costs for this service. Further information will be included in your order confirmation.

 

5.5 Shipping details will be listed in checkout and tracking information will be sent by Seller to Buyer upon dispatch.

 

5.6 As stipulated in Article 4.4, the price of the Product does not include delivery costs.

6.   Risk and title

 

6.1 The ordered Products shall remain Seller’s property until such time as complete and full payment for them has been received from Buyer.

 

6.2 Risk of loss in the ordered Products shall pass to Buyer upon delivery.

 

7.   Warranty

 

7.1 As any professional, Seller is under a legal duty to supply goods that are in conformity with the contract. Thus, and notwithstanding any other warranty applicable under UK legislation, Products are covered by a warranty against defects in material and workmanship, subject to the limitations described in the following clauses. The applicable warranty period is two (2) years starting from the date of Buyer’s invoice for the relevant Product, or any longer or shorter duration expressly provided in writing by Seller for a given Product.

 

7.2 The warranty shall not apply to:

 

·           damage due to improper, incautious, incorrect or negligent use or installation of the ordered Products by Buyer, including but not limited to, damage caused by over amplification, connection to an incorrect voltage supply, accidental dropping, water ingress, incorrect set-up, exposure to excessive temperatures or humidity;

·           claims involving connected devices where the connected devices have not been agreed by Seller or have not been used in compliance with Seller’s specifications or where and damage is due to another cause;

·           damage due to wear and tear sustained during normal use;

·           damage or defect(s) arising because Seller’s instructions and safety procedures or user's manual as to the storage, installation, set-up, connection, commissioning, use, maintenance or repair of the Products have not been followed;

·           Products that have been subject to maintenance or repair with spare parts and/or by any persons not specifically authorized in writing by Seller;

·           Products that have at any time had parts or accessories which were not supplied, manufactured or authorized by Seller incorporated into or connected them.

 

7.3 Any repair costs for matters which are not warranted under these Terms and Conditions will be invoiced in full to Buyer.

 

7.4 All warranty claims must be sent by registered mail or through the Website’s online form to Seller’s Customer service (see Article 13) without delay following discovery of the damage or defect. The claim must fully state the nature of the damage or defect and serial numbers of the ordered Products concerned together with any other information that may be required or useful to process the warranty claim.

 

7.5. Subject to Seller’s prior written approval, any ordered Product relating to the warranty claim should be returned to the place indicated by Seller at Seller’s cost in its original or other appropriate packaging to prevent any damage during shipment, together with a copy of the purchase invoice.

 

7.6. The return of any Product for repair purposes only will not affect the warranty period pursuant to clause 7.1.

 

7.7 Seller shall decide, at its own discretion, whether to replace, repair or reimburse Products subject of the warranty claim.

 

7.8 Buyer must carefully inspect the ordered Products on delivery for any damage, defect or shortage and must immediately give notice to the carrier (including on the transportation receipt or any other relevant shipping document) of any damage, defect or shortage found and confirm the same in writing to the carrier within three (3) days of the delivery date. Seller shall not be liable for any damage, defect or shortage affecting the ordered Products which Buyer may or should have discovered at the time of delivery.

 

8.   Right of withdrawal

 

8.1 Buyer has the right to withdraw from this contract within fourteen (14) days without giving any reason.

 

Such withdrawal period will expire after fourteen (14) days from the day on which Buyer acquires, or a third party other than the carrier and indicated by Buyer acquires, physical possession of the ordered Products.

 

8.2 To exercise the right of withdrawal, Buyer must inform Seller of his/her decision to withdraw from this contract by an unequivocal statement (e.g. electronically filing in and submitting the model withdrawal form located in the client’s eSTORE account profile. If Buyer uses this option, Seller shall communicate to Buyer an acknowledgement of receipt of such a withdrawal on a durable medium – e.g. by email – without delay). Buyer may use the attached model withdrawal form, but it is not obligatory.

 

To meet the withdrawal deadline, it is sufficient for Buyer to send his/her communication concerning his/her exercise of the right of withdrawal before the withdrawal period has expired.

 

8.3 If Buyer withdraws from this contract, Seller shall reimburse to Buyer all payments received from him/her, including the costs of delivery (with the exception of the supplementary costs resulting from Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Seller), without undue delay and, for Archipel Sound Systems Products, not later than fourteen (14) days from the day on which Seller is informed about Buyer’s decision to withdraw from the contract. Seller will carry out such reimbursement using the same means of payment as Buyer used for the initial transaction, unless Buyer have expressly agreed otherwise; in any event, Buyer will not incur any fees as a result of such reimbursement.

 

For non Archipel Sound Systems Products, Seller may withhold reimbursement over those fourteen (14) days, until it has received the ordered Products back or Seller has supplied evidence of having sent back such ordered products, whichever is the earliest.

 

8.4 Seller shall collect Archipel Sound Systems Products. For other Products, Buyer shall send back the ordered Products or hand them over to Seller, without undue delay and in any event not later than fourteen (14) days from the day on which Buyer communicate his/her withdrawal from the contract. Such deadline is met if Buyer sends back the ordered Products before the period of fourteen (14) days has expired.

 

8.5: Buyer will have to bear the direct cost of returning the ordered Products, even where Seller collects such Products. Buyer is aware that some of the products are heavy and may not travel by regular post; therefore, taking into their actual weight and size as well as Buyer’s location, the cost of returning the goods may excess 8 000 € for largest Products.

 

8.6 Buyer shall be liable for any diminished value of the ordered Products resulting from the handling other than what is necessary to establish their nature, characteristics and functioning. Accordingly, said Products must be sent back to Seller in their original packaging, including all accessories and documents.

 

8.7 Model withdrawal form

 

“To Delta Live Limited, 21 Island Farm Avenue, West Molesey, Surrey, England, KT8 2UZ, fax: +44 (0)20 8339 3800, enquiries@deltalive.com:

 

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

— Ordered on (*)/received on (*),

— Name of Buyer(s),

— Address of Buyer(s),

— Signature of Buyer(s) (only if this form is notified on paper),

  Reason for withdrawal (optional):

— Date”

 

9.   Force majeure

 

9.1 “Force majeure” means an event beyond one Party’s control which fully hinders performance of the contract.

 

For the purpose of this Article  the expression “force majeure” means, but shall not be limited to, acts of God, war, riots, invasion, insurrections or civil commotion, fire, flood, earthquake, weather, acts of the element, energy shortage, equipment breakdown, government priorities, allocations, regulations or restrictions, interference or restraint of public authority, (whether legal or not), explosion or accident, epidemic or quarantine restrictions, breakdown, sabotage, strikes or lock-outs.

 

9.2 After an Order has been issued an accepted by Seller, neither Party shall be held responsible for late performance or failure to perform obligations arising for them from the agreed contract in the event of Force majeure. However, the relevant Party must give prompt notice of such circumstance to the other Party, by registered email with acknowledgment of receipt.

 

Furthermore, so as to exclude any liability of the Party claiming a Force majeure circumstance, such notice has to respect the following cumulative conditions:

 

·           It must be received by the other Party within seven (7) working days from the occurrence of the event; and,

·           It identifies and proves the Force majeure and its occurrence; and,

·           It stipulates the obligations(s) which performance is prevented from by the Force majeure and proves such obstacle.

 

9.3 A Force majeure circumstance releases the notifying Party from performing its obligations under the Agreement, as well as the other Party from performing its corresponding obligations, until the cessation of such circumstance. Furthermore, either Party shall not be held responsible for non-performance or late performance of such obligations.

 

9.4 Once a Force majeure event has been notified, the Parties shall meet as soon as possible and discuss measures to be taken immediately or modifications to be made to the contract so as to assure its resumption without any imbalance between the Parties. The Parties may also jointly decide to terminate the contract.

 

10.       Privacy

 

10.1 Seller is committed to protecting Buyer’s privacy and Personal Data according to applicable laws, especially EU General Data Protection Regulation. By using or accessing the Website, contacting or engaging with Seller, Buyer agrees that Seller may process Buyer’s Personal Data in the manner described in L-Acoustics Group Privacy Policy (available at the following address: https://eStore.l-acoustics.com/content/3-data-privacy-cookie-policy). Buyer’s use of the Website and any information Buyer provides through it is subject at all times to this Group Privacy Policy and the applicable terms and conditions that apply to the Website.

 

10.2 By creating an account and/or placing an Order through the Website, Buyer hereby acknowledge that Seller may use Buyer’s Personal Data to deliver services to Buyer or carry out transactions Buyer has requested, including, but not limited to, providing information on Seller’s products or services Buyer has purchased or otherwise use, registering purchased products, processing product Orders, handling warranty claims, replacing product manuals, answering customer service requests and facilitating the use of the Website. The legal basis will thus be the performance of a contract.

 

10.3 If Buyer has any question regarding Seller’s Privacy Policy, Seller’s handling of Buyer’s Personal Data or would like to lodge a complaint, Buyer should contact Seller using the following email address: info@l-acoustics.com or through the Website’s contact form. Seller shall promptly address the concern and strive to reach a satisfactory resolution.

 

11.       Compliance with laws

 

11.1 Seller does not provide any guarantee other than compliance of the Products with English and Wales law as well as European Union legislation and any other compliance guarantee expressly granted in writing by Seller.

 

11.2 Buyer is responsible for (a) identifying any legislation which is applicable to the Products in the country and area in which Buyer intends to use the Products or where Products will ultimately be received (“Applicable Laws”); and (b) determining whether Products are compliant with such Applicable Laws.

 

11.3 Some of the Products constitute Electrical and Electronic Equipment, as defined under EU Directive 2012/19 and UK Waste Electrical and Electronic Equipment Regulations 2013. They are marked with the following logo:

 

These Products cannot be disposed as unsorted municipal waste because of environmental and health issues relating to their internal components. Buyer commits, according to applicable legislation, to only dispose the Products in a Designated Collection Facilities (DCF) in order to be properly treated and recycled.

 

Seller being part of a Distributor Take-Back scheme in United Kingdom, Valpak, Buyer can find detailed information and addresses of the closest available DCF on the following webpage: https://www.recycle-more.co.uk/where-to-recycle.

 

12.       Liability

 

12.1 In no event shall Seller be liable for indirect, consequential or incidental damages, whether arising under contract, warranty, tort, negligence, strict liability or otherwise. Such damages include, but are not limited to, loss of production, loss of profit, loss of use, loss of contracts, loss of image as well as any shortfall, loss of earnings or legal expenses.

 

12.2 Except in case of corporal damage, voluntary breach, gross negligence or breach of the essential obligation of the contract, Seller shall not be liable for any damage, whether arising under contract, warranty, tort, negligence, strict liability or otherwise, resulting from :

 

(i)        the use of any connected network (Internet, intranet, extranet) such as viruses, computer intrusion, loss of data, loss of connection;

(ii)      the use of electric supply;

(iii)     Buyer’s non-compliance with Seller’s technical instructions or safety procedures relating to the storage, installation, set-up, connection, commissioning, use, maintenance or repair of the Product, as explained in the relevant User’s Manual; or

(iv)     the use of the connected devices with the Product where the connected devices have not been agreed by Seller or have not been used in compliance with Seller’s specifications or where and damage is due to another cause.

 

12.3 Except in case of corporal damage, voluntary breach, gross negligence or breach of the essential obligation of the contract, Seller’s total liability for any direct damage whether arising under contract, warranty, tort, negligence, strict liability or otherwise caused by the Products shall be limited to an amount no greater than the price of the relevant Products.

 

12.4 With respect to Article 12.3, any liability claim against Seller shall be brought before the relevant courts (cf. Article 17) by Buyer no later than twelve (12) months following the date from which the damage occurred or the date from which Buyer should have known such damage occurred.

 

13.       Customer service

 

Customer satisfaction is an essential part of Seller’s commercial commitments. Whether requiring further information of encountering any inconveniences, Buyer may contact Seller through the dedicated online form available on the Website’s main page. Should Buyer does not obtain a satisfactory reply, Buyer can also contact EU’s Online Dispute Resolution platform at the following address: https://ec.europa.eu/consumers/odr.

 

14.       Changes

 

These terms and conditions may be amended at any time by Seller and shall apply to any Order placed by Buyer after that date. Buyer is thus invited to check the applicable version of this document before placing any Order.

 

For the sake of clarity, it is reminded that each Order placed by Buyer shall be subject to the version of Seller’s terms and conditions in force at the day of said Order.

 

15.       Intellectual property

 

15.1 All Intellectual Property Rights (copyright, patents, database rights and rights in trademarks, designs, know-how, processes, trade secrets and confidential information whether registered or unregistered, and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world owned or licensed by Seller) and Technology (resulting from Seller’s research and development, tests and investment, whether or not classed as Intellectual Property Rights), relating to Seller’s products or the Website, shall remain Seller’s property.

 

15.2 Seller grants Buyer a non-exclusive license to use the Intellectual Property Rights and Technology relating to the Goods in so far as needed for its personal use of said Goods.

 

15.3 Buyer shall not use the Intellectual Property Rights in a way which would or may damage the Intellectual Property Rights or Seller’s brand image.

 

15.4 Buyer shall not divulge, reproduce, use and/or infringe Seller’s rights in the Technology, nor shall it permit any third party to do so.

 

15.5 The Parties agree that the present clause shall also apply to the names of Products or ranges of Products, whether or not registered as a trademark or otherwise classed as Intellectual Property Rights.

 

16.       Miscellaneous

 

16.1 The failure of either Party to enforce the provisions of these Terms and Conditions at any time or the failure of one Party to require at any time the performance by the other Party of any of the provisions of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provisions nor in any way affect the entitlement of either Party to enforce each and every such provision.

 

16.2 Should any of the clauses of these Terms and Conditions be wholly or partially invalid or void, the validity of the remaining clauses or parts thereof shall not be affected.

 

16.3 These Terms and Conditions contains the entire agreement and understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

 

17.       Governing law and jurisdiction

 

17.1 These terms and conditions shall be governed by English law, excluding its conflict laws and the application of 1980 “United Nations Convention on Contracts for the International Sales of Goods”.

 

17.2 Each party agrees that any dispute, controversy or claim arising out of or in connection with the existence, validity, interpretation, execution or termination for any reason of these Terms and Conditions or the sales of Goods shall be brought to an amicable settlement between the Parties before any legal proceedings. Failing this, any eventual lawsuit shall be judged under the law and courts of England and Wales.