Consumer Sales Terms (2026)
Flare Audio Consumer Sales Terms
Effective for orders placed on or after Oct 20, 2026.
These terms govern consumer purchases from Flare Audio at flareaudio.com. Please read them before ordering. They set out your responsibilities, the conditions of our 100 day money back guarantee and 12 month limited warranty, and the rules for delivery, returns and claims. Mandatory consumer law applies as explained in section 15; our voluntary benefits do not extend those legal rights beyond the promises expressly made in these terms.
1. About us and these terms
1.1 Your seller is Flare Audio Limited, trading as Flare Audio, registered in England and Wales under company number 06315305. Our registered office and contact address is Unit 11 Chartwell Business Centre, 42 Chartwell Road, Lancing, West Sussex, BN15 8FB, United Kingdom. Our UK VAT number is GB 933023752.
1.2 Contact us at info@flareaudio.com or +44 (0)1903 761000. Customer service telephone hours are 9am to 5pm, Monday to Friday, UK time, excluding UK bank holidays. References to writing include email.
1.3 These terms apply to direct consumer purchases of all products offered through our website from time to time, wherever we accept orders, subject to any product-specific conditions disclosed before purchase. Section 12 applies to gift cards. Purchases for wholesale or resale require our prior written agreement and separate business terms. We may impose reasonable quantity limits before accepting an order. A purchaser's statutory status is determined by applicable law, rather than a label used in these terms.
1.4 A consumer is an individual buying wholly or mainly outside their trade, business, craft or profession, subject to any broader definition under applicable law. You must have legal capacity to buy. If you do not, a parent or guardian with legal capacity must place the order as the purchaser.
1.5 The version presented when you order applies to that order. Later changes apply to future orders, except where law requires otherwise. Product descriptions and specific offer conditions disclosed before purchase also form part of the contract. These sales terms govern the sale; an expressly identified product or promotion condition governs its particular subject. Help centre guidance explains our procedures and does not create an additional warranty. This order of precedence does not exclude a representation or more favourable guarantee term that applicable law makes binding.
2. Orders and acceptance
2.1 You must check and correct the products, quantities, delivery details and payment information before placing your order and supply accurate contact details. Placing an order is an offer to buy and carries an obligation to pay if we accept it. Our acknowledgement records receipt of the order and is not, by itself, acceptance.
2.2 Subject to any earlier formation required by mandatory local law, we accept an order for goods when we email confirmation of dispatch. For a gift card, acceptance occurs when we email the card or its access details. If goods are dispatched separately, each dispatch email accepts the goods identified in it. This does not reduce rights relating to the order as a whole.
2.3 Before acceptance, we may decline an order because of unavailable stock, an inability lawfully to supply the destination, a material price or description error, payment or identity verification concerns, suspected fraud, unauthorised resale, or a stated quantity restriction. We may request proportionate information necessary to verify an order and suspend dispatch while making checks. We will notify you of rejection where lawful and refund any payment for rejected items within the applicable deadline. We will seek your agreement before accepting an order at a higher corrected price. We will not rely on this clause to withdraw from a contract already binding under mandatory local law.
2.4 Keep your order confirmation and quote the order number when contacting us. If it is unavailable, you must provide other information reasonably sufficient to identify the transaction and verify your entitlement to the request.
3. Product descriptions and safe use
3.1 Product images are illustrative. Screen settings, minor production variations and packaging changes may affect appearance, without materially changing the product's agreed description, quality, quantity or functionality. Check the model, size, compatibility and stated intended use before ordering. A compatibility error in your selection does not establish that correctly described goods are defective.
3.2 Read the instructions, fitting guidance, warnings and stated intended use for your product. Only rely on hearing protection claims and attenuation ratings expressly provided for that model. Fit, condition and the noise environment affect the protection achieved. Earphones, in ear monitors and other hearing products should not be assumed to provide hearing protection merely because they are worn in the ear.
3.3 You must follow the instructions on fitting, safe listening levels, cleaning, storage, tip replacement and use by children. Stop using a product if it causes pain or irritation and obtain appropriate advice. Unless a particular clinical purpose is expressly stated for that model, products are not supplied as a substitute for clinical diagnosis or treatment. We do not guarantee a particular subjective sensory experience, therapeutic result or level of comfort beyond the specific claims we make for that product. This does not disclaim a binding performance claim or a mandatory safety or fitness obligation.
3.4 We may make minor changes required by law or to implement technical improvements, provided they do not materially reduce the agreed functionality or performance. For a material change to an accepted order we will seek your agreement or explain any lawful cancellation and refund arrangements. Obligations concerning instructions, conformity information and digital updates apply to the relevant product only to the extent required by the contract or applicable law.
3.5 Products are supplied by reference to the specifications, intended uses, qualifications and instructions stated in the applicable product information and manufacturer's documentation. Our acceptance of an order for delivery outside the United Kingdom does not, by itself, constitute an additional contractual guarantee that the product meets every law, regulation, standard, certification or approval requirement in the destination country, or requirements specific to your intended use. This clause does not exclude or restrict any obligation imposed on us by applicable law or any binding product description, representation or express assurance.
4. Prices, payment, and promotions
4.1 The price and transaction currency are shown before you place your order. We collect applicable VAT or sales tax where required by law. Tax treatment depends on the destination and the transaction. Where the law requires tax inclusive pricing, the displayed price includes the relevant tax.
4.2 We will disclose delivery costs and other mandatory charges clearly and include them in the total price wherever reasonably calculable and required by law. If a charge cannot reasonably be calculated in advance, we will give the information required by law about its calculation or possible application. Section 5 deals with import charges that may be collected separately. A mandatory charge will not be treated as optional.
4.3 We accept the payment methods displayed at checkout. You must be authorised to use your payment method. Payment may be authorised or collected when you order; collecting payment does not, by itself, change the acceptance rule in section 2, subject to mandatory local law. Goods must be paid for before dispatch unless an agreed payment provider arrangement applies.
4.4 You are responsible for conversion and transaction fees charged by your bank or payment provider under your agreement with it; we do not set those fees. Third party credit or instalment facilities are subject to the provider's separate terms and approval. You remain responsible for dealing with that provider about its financing arrangement. We will perform any refund and provider notification obligations imposed on us by law.
4.5 Promotions are subject to the eligibility criteria, dates, exclusions, quantity limits and combination rules stated before purchase. Unless the offer says otherwise, discount codes cannot be combined with another promotion and the lowest priced qualifying item is free in a buy one get one free offer. We may amend or withdraw an offer before acceptance, without removing a discount already contractually agreed or breaching mandatory pricing law. Legal rights apply to sale and outlet goods.
4.6 If you return only part of a qualifying bundle or promotional purchase under the voluntary guarantee, the disclosed offer conditions determine the net amount paid for the returned items. We may require return of a linked free gift or deduct its reasonably allocated value only where that condition was clearly disclosed before purchase and the deduction is fair and lawful. We will not retrospectively reprice retained items or impose a penalty. Statutory partial cancellation and refund rules take priority.
4.7 You must not seek or retain duplicate reimbursement for the same loss through a refund, replacement, chargeback, payment provider claim or carrier payment. Tell us if goods or a reimbursement arrive after we have resolved the claim so we can reconcile the position, including arranging return at our expense where appropriate. We may challenge an unsupported or duplicate payment dispute and recover an actual overpayment through lawful means. This does not restrict a legitimate chargeback or other statutory remedy.
5. International orders and import charges
5.1 We accept orders only for destinations and products enabled at checkout. You must not circumvent geographical restrictions or arrange onward export contrary to applicable law. Unless checkout expressly states otherwise, you are responsible for obligations lawfully imposed on you as the importer, including obtaining any personal import permission required for your purchase. This does not transfer a regulatory obligation imposed on us as seller or manufacturer.
5.2 International taxes and import charges. Checkout identifies taxes and charges collected by us. Unless expressly stated otherwise, our prices do not include import duties, import taxes or customs clearance charges assessed separately by the destination authorities or carrier. You are responsible for such charges where lawfully payable by you. These charges may be requested before delivery, on delivery or subsequently. We cannot guarantee whether a particular shipment will attract additional charges, their amount or when they will be collected. This does not exclude any charge we are legally responsible for paying or any information we must provide before purchase.
5.3 If, after receiving notice and a reasonable opportunity to act, you refuse legitimate, adequately disclosed import charges lawfully payable by you or fail to complete a clearance requirement for which you are responsible, we may arrange return of the goods where practicable. We may recover actual, reasonable losses caused by that refusal or failure, including nonrecoverable outbound carriage, return carriage and clearance or handling costs, only to the extent recoverable by law. We will take reasonable steps to mitigate the loss and account for goods recovered, insurance or carrier compensation and costs saved. Subject to any statutory refund entitlement, a discretionary refund may depend on recovery of the goods and may be reduced by those recoverable losses. Abandonment or destruction by a carrier does not itself establish your responsibility. If your refusal or failure causes goods to be abandoned or destroyed, we will assess responsibility and our net recoverable loss; we do not promise a discretionary refund. A statutory cancellation or other remedy will be assessed separately. This clause does not permit deductions, withholding or transfer of transit risk prohibited by applicable law, or recovery of charges or losses attributable to our error.
6. Delivery ownership and problems in transit
6.1 Delivery services, charges and estimated periods are shown before purchase. Estimates are not guaranteed delivery dates unless we expressly agree a guaranteed deadline. We are not responsible for an additional deadline you have not told us about before the contract is made and which we have not accepted. Where applicable law imposes a default delivery period, including the UK and EU 30 day default unless another period is agreed, that rule applies. We do not offer a separate worldwide 30 day delivery guarantee.
6.2 If an event outside our reasonable control affects supply, including customs intervention, postal disruption, severe weather or transport interruption, we will notify you and take reasonable steps to reduce its effect. To the extent permitted by applicable law, we are not liable for compensation for delay caused by that event. We may offer a revised delivery arrangement. This does not exclude any mandatory obligation to deliver, give a delay notice, obtain consent to a delay or provide a refund where you are entitled to cancel or terminate, including for a missed essential delivery deadline. A carrier investigation does not suspend an applicable statutory remedy or refund deadline.
6.3 Risk passes when you or a person you nominate takes physical possession, or at another point only where applicable law permits. If you independently appoint a carrier we did not offer, risk passes on handover to that carrier where permitted. You must ensure nominated recipients can receive the parcel and take reasonable care of goods after risk passes. Where delivery is completed in accordance with your express authorisation to deliver to a nominated recipient or safe place, including instructions you give through the carrier, we are not responsible for subsequent loss, theft or damage to the extent permitted by applicable law. Ownership passes when we receive payment in full.
6.4 You must check your order as soon as reasonably practicable and notify us of delivery damage, an incorrect item or missing contents within seven calendar days after receipt. If tracking shows delivery but you cannot locate the parcel, notify us within seven calendar days after the delivery notification. For a parcel not shown as delivered, notify us within 30 calendar days after the latest estimated delivery date. Report a fault or discrepancy not reasonably discoverable on receipt promptly after discovering it. These reporting periods operate with the specific qualification in clause 6.9.
6.5 You are responsible for accurate delivery information, reasonable availability for delivery or collection, and completing any customs steps allocated to you. If your failure causes a failed delivery, we may require payment of reasonable redelivery, return or storage costs actually incurred and lawfully recoverable. We will take reasonable steps to contact you and give an appropriate opportunity to resolve the problem before terminating an accepted order. We may deduct only lawful losses from any refund, after accounting for avoided or recovered costs.
6.6 When reporting a delivery dispute, provide your order details, delivery address, relevant dates and an accurate account of the problem. Keep packaging, labels and contents where available and reasonably relevant. We may request proportionate photographs, a factual nonreceipt declaration or other information reasonably needed, and ask you to check with household members, nominated recipients or the carrier. We will coordinate our own carrier investigation. We do not make an impossible document or routine police report a condition of a statutory claim.
6.7 We may rely on tracking records, delivery photographs, signatures, GPS information, recipient confirmations, your delivery instructions and carrier findings as evidence of delivery, including reliable carrier confirmation for a service without in transit tracking. We will assess that evidence together with the information you provide. A report alone does not establish entitlement to a replacement or refund. We may decline an unsubstantiated claim after reasonable investigation, subject to applicable evidence rules and any mandatory remedy deadline.
6.8 Claims and declarations must be honest and accurate. If evidence establishes deliberate misrepresentation, substitution, duplicate claims or other fraud, we may refuse the fraudulent claim, restrict further discretionary benefits, decline future orders and take proportionate lawful recovery or reporting action. Suspicion or a genuine dispute alone is not proof of fraud. Unrelated statutory entitlements are not forfeited.
6.9 The reporting periods in clause 6.4 preserve access to time sensitive evidence and our discretionary delivery assistance process. You must report promptly and reasonably cooperate. Late reporting or failure to provide reasonably available information may prevent verification, and we may refuse an unverified discretionary replacement, refund or goodwill payment. These periods are not a shortened statutory limitation period: a statutory claim is assessed on the available evidence under applicable law and is not rejected solely because one of these reporting periods was missed. A later discovery that could not reasonably have been made sooner is assessed from discovery.
7. Changes and cancellation before dispatch
7.1 Changes and cancellations must be requested promptly. We cannot guarantee that an order can be changed or stopped once processing has begun. A requested change is effective only when we confirm it, including any revised price or timing. If goods have been dispatched, the applicable return process applies. This processing rule does not prevent exercise of a statutory cancellation right. Outside a statutory right or our express agreement, there is no unrestricted right to cancel an accepted order.
7.2 We may suspend performance or terminate an accepted contract on a lawful ground, including nonpayment, a material failure to provide essential delivery or verification information, unlawful supply, or established fraud. Where appropriate, we will give reasonable notice and an opportunity to remedy a failure. We will account for any refund due and may recover reasonable losses only where the law permits. A suspicion alone does not establish fraud or remove an accrued legal entitlement.
8. Change of mind returns and statutory cancellation
8.1 We offer our 100 day money back guarantee for eligible direct purchases in every destination to which we accept orders, on the terms in section 9. The 100 day period is longer than the standard UK and EU 14 day statutory cancellation period. The guarantee operates in addition to statutory cancellation rights and has its own eligibility, return and refund conditions.
8.1.1 Where the UK Consumer Contracts Regulations 2013 or EU statutory withdrawal rules apply, you have the right to cancel without giving a reason, subject to clause 8.8 and the separate gift card provisions in section 12. The cancellation period ends 14 days after the day you or a person you nominate, other than the carrier, receives the goods. For goods ordered together and delivered separately, the deadline is calculated from receipt of the last item. For goods supplied in lots or parts, it is calculated from receipt of the final lot or part. For a contract for regular deliveries over a defined period, it is calculated from the first delivery.
8.1.2 Clauses 8.2 to 8.8 set out the procedure for the UK and EU statutory cancellation rights described above. Where another statutory cancellation regime applies, or mandatory law requires a different or extended period or procedure, that law applies.
8.2 Tell us clearly that you wish to cancel by email, telephone or post using the details in section 1. You may use the form at the end of these terms, but do not have to. For EU orders, you may also use the online withdrawal function. You do not need our permission or a returns number to exercise a statutory cancellation right. Sending your notice within the applicable period is sufficient.
8.3 Unless we offer collection or applicable law provides otherwise, you must send cancelled goods back without undue delay and no later than 14 days after notifying us. Use Flare Audio Returns at the address in section 1, identify the order and follow reasonable packing instructions. Requesting return guidance or a reference number does not extend the statutory return period. An authorisation number is not a condition of a valid statutory cancellation notice.
8.4 You bear the direct postage cost of a statutory change of mind return where this was disclosed before purchase and the law permits it. We pay costs for which the law makes us responsible. You must package goods suitably and keep evidence of dispatch; we recommend a tracked service. You are responsible for return transit loss or damage only to the extent the law places that risk on you, including loss caused by inadequate packaging attributable to you. Use accurate customs descriptions and values and the correct returned goods procedure.
8.5 When you cancel the whole order under this section, we refund the product price and the cost of our least expensive standard delivery option for that order. You bear the additional cost of a premium service you chose. We will also refund any other amount required by law. For partial cancellations, we will refund delivery charges to the extent required by applicable law.
8.6 We may make a legally permitted deduction for diminished value caused by handling beyond what is necessary to establish the goods' nature, characteristics and functioning. This can include damage or missing components to the extent legally attributable to that handling. A statutory deduction will not be an automatic flat fee and will not be made where required cancellation information was missing or the law otherwise prohibits it. Keep packaging and components where reasonably practicable to protect the goods and assist assessment; statutory cancellation is not conditional on unused goods or retaining original packaging.
8.7 We refund without undue delay, using the original payment method unless you expressly agree otherwise without cost. For dispatched goods that we have not offered to collect, the refund deadline is 14 days after the earlier of the day we receive the goods back and the day you provide evidence of sending them back. If the goods have not been dispatched, or we have offered to collect them, the deadline is 14 days after the day you notify us of cancellation. Any shorter deadline required by applicable law takes priority.
8.8 Statutory change of mind cancellation is excluded for goods genuinely unsuitable for return for health protection or hygiene reasons that were supplied sealed and become unsealed after delivery, where that exception applies under local law. A product's consumable status or the opening of ordinary outer packaging is not sufficient by itself. This exception concerns change of mind cancellation, not a valid claim for faulty, misdescribed or incorrectly supplied goods. The separate, conditional trial benefit in section 9 applies only to its eligible products.
9. Our 100 day money back guarantee
9.1 Our voluntary 100 day money back guarantee applies to eligible goods bought directly from us in every destination to which we accept orders. You must notify us of your return within 100 days after the day of receipt. It is a single trial period for that purchase and does not restart on an exchange, repair or replacement unless we expressly agree. You may open and try eligible goods in accordance with their instructions. No reason for dissatisfaction need be proved, but the eligibility and return conditions in this section must be met.
9.2 Replacement tips are excluded from this voluntary guarantee. Gift card cancellation is dealt with in section 12. An exclusion from this guarantee does not remove any statutory cancellation or faulty goods remedy.
9.3 For this voluntary guarantee, request a return reference and send the goods back without undue delay and within 14 days after notifying us, unless we agree otherwise. Include the supplied components and any promotional gift attributable to the returned item. Goods must remain in their original, unaltered condition, allowing only the effects of the authorised trial, and must not have damage caused by misuse, neglect or use outside the instructions. Use protective packaging and, where retained, the original packaging. We may reasonably reduce or refuse a voluntary guarantee refund for missing goods, substitution, material alteration or damage outside the permitted trial. We will explain the specific ground and any deduction by reference to actual loss. We will not refuse a valid trial solely because eligible goods have been opened and tried as promised.
9.4 You bear postage for a voluntary guarantee change of mind return. After checking the returned goods against this section, we refund the amount actually paid for eligible returned products, subject to clause 9.3, using the original payment method. We process a due refund within 14 days after receipt. Original delivery charges are excluded from this voluntary benefit unless we expressly promised otherwise. Where statutory cancellation or faulty goods law requires delivery reimbursement or an earlier refund, that requirement applies instead. The guarantee does not extend the statutory refund rules to every voluntary return.
9.5 The guarantee is available for genuine personal trials, not repeated use of the same product as a loan or rental, substitution of products, deliberate damage, counterfeit goods or duplicate recovery. Where reasonable evidence establishes misuse of this voluntary benefit, we may refuse the affected guarantee claim or decline future discretionary trial benefits and future orders. We will identify the reason; repeated legitimate returns or exercise of statutory rights do not, by themselves, establish abuse. This clause does not remove a statutory cancellation or faulty goods remedy.
10. Faulty goods and your legal remedies
10.1 To make a faulty goods claim, contact us with a description of the issue, product details and reasonable evidence of purchase. We may request proportionate information or inspection reasonably needed to establish the defect and the applicable remedy. An order record or other reliable transaction evidence may be sufficient; original packaging is not a condition of a statutory remedy. You must make the goods available for a reasonable assessment or return where necessary and lawful.
10.2 We will determine the appropriate response after reasonable assessment, applying any statutory presumptions, burden of proof and choice of remedy. Available remedies depend on the applicable law and circumstances; they can include repair, replacement, price reduction, rejection, refund and compensation. We may decline a claim that is not substantiated after proportionate investigation or concerns damage for which we are not responsible, with reasons. Any assessment must comply with applicable remedy deadlines. We will meet costs imposed on us by law. Where a cash refund is legally due, store credit fulfils it only with your freely given agreement where lawful.
10.3 Statutory rights are separate from the voluntary periods in sections 9 and 11 and may apply for longer. Consumables can be defective, but expected depletion, ordinary wear, cosmetic damage caused after supply, misuse and failure to follow care instructions do not themselves establish an original defect. Claims will be assessed against the product's description, price, intended use, reasonable durability and applicable legal standards. Section 15 applies where relevant.
10.4 No inspection, fault assessment or disputed claim outcome under these terms makes us the final judge of a statutory entitlement. If a claim is declined, the applicable complaint and dispute procedures remain available. We may enforce reasonable claim cooperation requirements, but will not reverse a statutory burden of proof or impose an onerous condition prohibited by law.
11. Our 12-month limited product warranty
11.1 Flare Audio Limited, using the contact details in section 1, gives a 12-month limited warranty from the date of retail purchase for eligible new products. It covers defects in materials and workmanship arising during normal use in accordance with the instructions. Consumable replacement tips are excluded from this additional warranty. The period does not restart after a warranty repair, replacement or transfer unless required by law or expressly agreed. This additional warranty does not replace statutory conformity or durability rights.
11.2 Notify us within the warranty period, providing the product details, reported defect and reasonable proof of purchase. Contact us for an RMA reference before sending goods. We may inspect and test the product and assess eligibility reasonably and in good faith. For an eligible claim under this additional warranty, we choose repair, replacement of equivalent or greater functionality, or a store voucher equal to the product price actually paid, subject to mandatory local remedies. A store voucher does not discharge a statutory cash refund without your freely given agreement where lawful. This additional warranty does not confer an automatic right to a new replacement or cash refund in every case.
11.3 For a valid claim under this additional warranty, we cover reasonable UK return and replacement postage. For returns from outside the UK, you bear return shipping, handling and customs expenses except where mandatory consumer law requires us to bear them. Costs for a statutory faulty goods claim are governed by section 10. Seek approval before choosing a premium service or incurring other expense; we reimburse only necessary reasonable costs we have agreed or are legally required to pay. We may offer a paid assessment, return or repair of an uncovered product only after explaining the charge and obtaining your agreement. We do not impose a fee merely because a good faith statutory claim is not upheld.
11.4 This additional warranty excludes normal wear, consumable depletion, cosmetic damage arising after delivery, accidents, liquid exposure outside the product's stated resistance rating, misuse, neglect, abnormal operating conditions and damage caused by failure to follow the instructions. It also excludes damage caused by unauthorised modifications, incompatible accessories or improper third party repair. We do not void unrelated cover solely because a third party worked on the product. Normal battery capacity reduction is not itself a manufacturing defect; an actual defect or mandatory durability obligation is assessed separately. Where a serial identifier has been altered or removed, we may require other reasonable evidence to verify the product and warranty eligibility; inability to verify may prevent an additional warranty claim, subject to mandatory rights.
11.5 Repairs may use new or refurbished components, and replacements may be new or refurbished products of equivalent or greater functionality, where lawful and with any notice or agreement required by local law. The remaining original voluntary warranty period continues; there is no additional contractual extension unless we expressly agree. Any statutory extension, restart, required quality standard or repair notice applies independently.
11.6 A subsequent lawful owner may claim the balance of an existing transferable guarantee or warranty with reasonable proof of the original purchase and ownership transfer. No new period starts. Benefits expressly provided by this additional warranty are limited to the remedies in clause 11.2 and expenses under clause 11.3; it is not additional insurance for consequential loss. Liability and remedies imposed by law are governed separately by sections 13 and 15 and are not capped by this statement.
12. Gift cards
12.1 If gift cards are offered, their value, currency, redemption conditions and any expiry will be disclosed before purchase and supplied with the card. A longer statutory validity period, restriction on expiry or fees, or right to cash redemption takes priority. Receiving a gift card by email does not, by itself, remove a statutory cancellation right.
12.2 Gift cards are excluded from the voluntary 100 day guarantee and are not refundable for change of mind except where a statutory cancellation or redemption right applies. For UK and EU online purchases of an unused gift card, the applicable statutory cancellation period is normally 14 days after the contract is made. Where that right applies, notify us within the period; we will deactivate the card and refund as required by law. Partial redemption is dealt with under applicable law and the redemption conditions disclosed before purchase. Electronic delivery alone is not a statutory waiver.
12.3 You must safeguard gift card codes and notify us promptly of suspected loss or unauthorised use. To the extent lawful, we are not responsible for misuse caused by your disclosure of the code or failure to keep it secure. We may suspend a card reasonably suspected of fraud while investigating and cancel a fraudulently obtained card, without removing a legitimate holder's mandatory rights. Refunds for goods paid for with a gift card normally restore that payment to the same card or an equivalent replacement, subject to mandatory law. Promotional vouchers are subject to their separately disclosed offer conditions and must not be treated as purchased gift cards.
13. Our responsibility for loss and damage
13.1 Subject to clause 13.2 and mandatory local law, our responsibility for breach of contract or failure to exercise required care and skill is limited to loss and damage reasonably foreseeable when the contract was made and caused by that breach or failure. We are not responsible for loss that was not reasonably foreseeable, loss caused by your misuse or unrelated third parties, or loss you could reasonably have avoided after becoming aware of the problem. You must take reasonable steps to prevent avoidable additional loss. These rules do not reduce liability that the law imposes irrespective of fault or wider liability required by applicable law.
13.2 Nothing excludes or limits liability where unlawful, including death or personal injury caused by negligence, fraud or fraudulent misrepresentation, nonexcludable defective product liability, or mandatory consumer rights and remedies. A limitation elsewhere in these terms applies only within its lawful scope and cannot reduce these liabilities.
13.3 Products under these terms are supplied for personal consumer use. To the extent lawful, we exclude loss of profit, business revenue, business opportunity, goodwill, business interruption and other losses arising from commercial or resale use. Any purchase intended for business use must be raised with us before ordering so that appropriate terms can be agreed. A statutory protection that applies to such a purchaser or loss is not excluded by describing the sale as consumer only.
14. Personal information and complaints
14.1 We process personal information as described in our Privacy Policy, including information reasonably needed to verify transactions, investigate claims and prevent fraud in accordance with applicable data protection law. Our Privacy Policy explains our marketing communications, the applicable lawful bases and how to manage your preferences. Marketing is subject to applicable law and your recorded preferences; acceptance of these terms does not itself constitute marketing consent. Nonessential cookies remain subject to applicable consent requirements.
14.2 Send complaints to the contacts in section 1, identify the transaction and explain the issue and requested outcome. You must provide reasonable cooperation for an investigation. We will communicate our conclusion and any dispute resolution information required by applicable law, membership or contractual commitment. These terms do not impose arbitration or waive a mandatory right to use a court, regulator, payment dispute procedure or collective remedy. A complaint does not itself establish entitlement to a refund or replacement.
15. Mandatory local law
15.1 These terms apply to all consumer orders we accept, regardless of delivery destination. The conditions and limitations in these terms apply subject to any consumer rights or remedies that applicable law does not allow us to exclude or restrict. If any provision cannot lawfully be enforced, it will not apply to the extent prohibited, and the remaining provisions will continue so far as legally possible.
15.2 The voluntary benefits in sections 9 and 11 are confined to their stated scope. A legal requirement or territory-specific provision applicable to one purchase does not extend that requirement or provision to every destination. Any additional local notice or terms we are required to provide form part of the relevant contract to the extent required by law.
16. Governing law and other contract provisions
16.1 English law governs these terms, subject to mandatory protections applicable to your purchase. Courts in England and Wales have exclusive jurisdiction except where mandatory consumer jurisdiction rules entitle you to use another court or require us to bring proceedings elsewhere. Scottish and Northern Irish consumers may bring proceedings in their respective home courts. Where applicable mandatory law protects consumers in their country or province of residence, this clause does not remove that protection or any mandatory home court right.
16.2 We may transfer our contractual rights and obligations to another organisation, giving notice where required and ensuring the transfer does not materially reduce your contractual rights. Any cancellation right arising from the transfer is governed by applicable law; these terms do not create a separate right to cancel every transfer. You may transfer contractual rights or obligations only with our prior written consent, which we will not unreasonably withhold where appropriate, except for transferable benefits under clause 11.6 and rights transferable by law.
16.3 The contract consists of these terms and the binding order, product and specific offer information supplied before purchase. It does not exclude a representation or guarantee protected by law, fraud or fraudulent misrepresentation. An invalid or unfair term is ineffective to the extent required by law; the remainder continues so far as lawful. A delay in enforcement does not waive a right. A discretionary concession in one case does not vary these terms or oblige us to repeat it. Third parties have no contractual enforcement rights except holders of transferred guarantee or warranty benefits and persons with rights under applicable law.
Model cancellation form
Use this form only if you wish to cancel. You can instead send another clear statement. This form is optional.
To Flare Audio Limited, Unit 11 Chartwell Business Centre, 42 Chartwell Road, Lancing, West Sussex, BN15 8FB, United Kingdom; info@flareaudio.com.
I or we hereby give notice that I or we cancel my or our contract of sale of the following goods or gift card:
Goods or gift card: _______________________________________________
Order number if known: ___________________________________________
Ordered on: __________________ Received on: _______________________
Consumer name or names: _________________________________________
Consumer address: _______________________________________________
______________________________________________________________
Signature only if sent on paper: ___________________________________
Date: _________________________________________________________