Consumer Sales Terms (2022)
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods (such as earplugs, earphones, apparel and other merchandise) or digital products that you download (such as gift cards).
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Flare Audio Limited a company registered in England and Wales. Our company registration number is 06315305 and our registered office is at Unit 11 Chartwell Business Centre, 42 Chartwell Road, Lancing, West Sussex, United Kingdom, BN15 8FB. Our registered VAT number is: GB 933023752.
2.2. How to contact us. You can contact us by telephoning our customer service team at +44 (0)1903 761000 or by writing to us at firstname.lastname@example.org. Please note our customer service line is only available between 9am and 5pm Monday – Friday (excluding bank holidays) UK time..
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How to submit an order. Items which you select for purchase/download (as applicable) will automatically be placed in your “shopping basket”. To remove an item from your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in your basket. By continuing with the purchase you accept these terms. Once you have pressed the “checkout” or similar button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).
3.2. Order Summary. You will receive an order summary confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order — this doesn’t mean that your order has been accepted.
3.3. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. The acceptance email will also confirm:
3.3.1. In the case of goods ordered, that the goods have been dispatched;
3.3.2. In the case of gift cards: instructions for accessing the gift card.
3.4. If we cannot accept your order.
3.4.1. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4.2. If we reject your order after payment has already been taken, we will provide you with a refund in accordance with our Refund Policy and as set out below in clause 9.5.
3.5. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6. Sale outside England and Wales. Even though we may deliver outside of England and Wales, we cannot guarantee that the products comply with any laws, regulations or other standards applicable outside of England and Wales. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the manufacturer’s documentation associated with those goods.
3.7. Age restrictions. By placing an order through our online store, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old. If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this online store, a parent or guardian should accept these terms on your behalf.
4. OUR PRODUCTS
4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the products. We may change the product:
6.1.1. to reflect changes in relevant laws and regulatory requirements; and
6.1.2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2. More significant changes to the products. In addition, as we informed you in the description of the product on our website, we may make changes to these the products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3. Changes to these terms.
6.3.1. We may make changes to these terms from time to time, which will be effective when posted on this online store. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the online store regularly for any updates. Your continued use of this online store following the posting of changes will mean you accept those changes.
6.3.2. You will be subject to the terms in force at the time that you order products from us, unless any change to those terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
7. PROVIDING THE PRODUCTS
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2. Customs and import fees. If you are ordering goods to be delivered to a country outside of the UK or the EU, your order may be subject to:
7.2.1. An additional import fee on delivery; and
7.2.2. Customs fees which are charged on the shipment reaching the destination country.
For more details, please visit our “customs and import fees” page.
7.3. When we will provide the products. During the order process we will let you know when we will provide the products to you.
7.3.1. If the products are goods.
188.8.131.52. If the products are goods, we will deliver them to you as soon as reasonably possible (we aim to fulfil your order by the next UK business day after the day you have placed the order). Our estimated delivery times based on the location they will be delivered to is set out in our FAQ section. We will confirm the date of despatch via email in the shipping confirmation.
184.108.40.206. If you have purchased goods with a value of more than £200, these goods are always dispatched by tracked courier service and should therefore arrive within 7 days of dispatch if delivered to a UK address.
220.127.116.11. Delivery of goods via standard shipping is dependent on local postal services and may take much longer to reach certain countries. Estimated maximum delivery times are shown in the FAQ section of our website.
7.3.2. If the product is a gift card. We will email the gift card to you as soon as we accept your order.
7.4. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox:
7.5.1. If you are based in the UK, the postal service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot;
7.5.2. If your products are being delivered outside of the UK, please contact your local post office to find out what the process for rearranging a delivery is (if there is one).
7.6. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.8. When you own goods. You own a product which is goods once we have received payment in full.
7.9. What will happen if you do not give required information to us.
7.9.1. We may need certain information from you so that we can supply the products to you, for example, your address so that we can deliver the goods and your telephone number and email address so that we can contact you if there is an issue. If so, this will have been stated in the order process on our website. You will be asked for this information during the order process. If you do not give us this information during the order process or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9.2. It may be possible to correct your delivery address before a product is dispatched to you. Please see the “Make changes to my delivery” section of the website.
7.10. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.10.1. deal with technical problems or make minor technical changes;
7.10.2. update the product to reflect changes in relevant laws and regulatory requirements;
7.10.3. make changes to the product as requested by you or notified by us to you (see clause 6).
7.11. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If only one product is suspended, we will ship the remaining products (if any) in your order to you separately. If we have to suspend the product for longer than 4 weeks we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. YOUR RIGHTS TO END THE CONTRACT
8.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 8.2.1 to 8.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
8.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
8.2.5. you have a legal right to end the contract because of something we have done wrong.
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Flare Audio Limited of 42 Chartwell Road, Lancing, West Sussex, United Kingdom, BN15 8FB to its customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):
|Right under the Consumer Contracts Regulations 2013
|How our goodwill guarantee is more generous
|14 day period to change your mind.
|100 day period to change your mind.
8.5. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
8.5.1. products that should be replaced more than once every 100 days (as set out on the website)
8.5.2. gift cards;
8.5.3. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
8.5.4. any products which become mixed inseparably with other items after their delivery.
8.6. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
8.6.1. Have you bought a gift card? You will not have a right to change your mind as the gift card is delivered immediately via email (as set out during the order process).
8.6.2. Have you bought goods (for example, earplugs, earphones, apparel and other merchandise)? if so you have 100 days after the day you (or someone you nominate) receives the goods, unless clause 8.5 applies or your goods are split into several deliveries over different days. In this case you have until 100 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.7. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is we dispatch the product to you, but you may have to pay us compensation. If you want to end a contract before the product is dispatched, where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by following the process set out in our returns policy available here.
9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us in accordance with our returns policy available here. We recommend that goods are returned via recorded delivery and that you retain proof of postage.
9.3. Returning products from outside the UK. If you are returning a product from outside of the UK, you will need to complete the CN22 or International Returns Document. For more information on how to complete this, please visit the “How do I return a product for a refund or repair?” page.
9.4. When we will pay the costs of return. We will pay the costs of return:
9.4.1. if the products are faulty or misdescribed; or
9.4.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.5. How we will refund you. We will refund you the price you paid for the products by the method you used for payment. We will only refund the costs of delivery if the product was delivered to an address in the UK.
9.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns & Refund Policy for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2. We may reduce your refund of the price (excluding delivery costs) by an admin fee (as set out on our “Custom and import fees”) if the goods are returned as a result of you refusing to pay the customs fees or imports duties.
9.6.3. Where the product was delivered to an address in the UK, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clauses 9.2 and 9.3.
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address;
10.1.2. you do not, within a reasonable time, allow us to deliver the products to you.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01903 761000 or email us at email@example.com.
11.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. If you believe there is something wrong with the product, you must contact us. Nothing in these terms will affect your legal rights.
11.3. Flare Audio Warranty. In addition to your legal rights, we offer a 12-month warranty on some of our products. For more information about whether your product is covered by the warranty and how to make a claim, please see our “Warranty” help page. The warranty does not cover faults due to fair wear and tear, deliberate damage, negligence, abnormal working conditions, you not following the manufacturer's instructions (whether spoken or in writing), misuse or the products being altered or repaired without our permission.
12. PRICE AND PAYMENT
12.1. Where to find the price for the product. The price of the product (which includes VAT or other relevant sales tax for buyers located in the UK or the EU) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you order.
12.2. Currency. Our prices are shown in GBP as a default as we are a British company based in the UK. You can change the currency that the prices are shown in by scrolling down to the end of the page and selecting your preferred currency. Please note that if you pay by debit card that your bank will convert the final amount from GBP to your local currency at the prevailing exchange rate which may vary slightly from the conversion shown on the website. If you are located outside of the UK and pay using a credit card, you will be charged exactly what is set out on the website.
12.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.4. Promotional offers. Where applicable:
12.4.1. In the case of Buy One Get One Free offers – it will always be the cheapest item that is free.
12.4.2. Discount codes (including discount codes redeemed through the Loyalty Program) & promotions cannot be used in conjunction with any other offer/sale active on our website. Flare Audio reserves the right to end promotions/discounts at any time.
12.4.3. Black Friday and Cyber Monday sales exclude Gift Cards.
12.5. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is:
12.5.1. higher than the price stated to you, we will contact you for your instructions before we accept your order;
12.5.2. lower than the price stated, we will charge you the lower amount.
12.6. How you must pay. We accept payment with all major cards and (if you are a UK resident) via Klarna (see clause 12.7 below). When paying by any of the methods detailed above, the person placing the order must be the account holder or have the account holder's authorisation. If the account holder later denies authorisation, you may be charged with a criminal offence. The purchase will appear on your credit card or bank statement as SP* Flare Audio.
12.7. Klarna. In cooperation with Klarna Financial Services UK Limited, Aviation House 125 Kingsway, Holborn, London, United Kingdom, WC2B 6NH, we offer you the following payment options:
12.7.1. pay later (30 days);
12.7.2. pay in 3 instalments; and
12.7.3. pay now
Payments are made to Klarna and are subject to Klarna’s user terms that you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.
12.8. When you must pay. When you must pay depends on what product you are buying:
12.8.1. For goods, you must pay for the products before we dispatch them.
12.8.2. For digital content, you must pay for the products before you download them.
12.9. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill [but we are not responsible for any loss or damage that is not foreseeable]. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
13.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 8.4 or our warranty at clause 11.3 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by receipt or official email from an authorised reseller, or providing the order number.
15.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.