1. PARTIES

1.1 In these terms and conditions the words 'you' or 'your' refer to the person ordering a product or products detailed on our website.

1.2 The words 'we', 'us' or 'our' refer to Flare Audio Limited (Co. No. 06315305) of Unit 8, Chartwell Business Centre, 42 Chartwell Road, Lancing, West Sussex BN15 8FB.

  1. PRODUCTS AND ORDERS

2.1 Any order you place with us is an offer from you to buy products. We accept that offer when we receive your payment, not before.

2.2 If we cannot provide the products you order, we will give you the option to cancel your order or place an alternative order. If necessary we may cancel your order, or you may cancel it before we have sent the products to you (see clause 6).

2.3 We may substitute or change the exact details of products at any time. Once again, we will try and tell you about changes that affect your order before we send the products to you. However, if we send the products to you, you can return them to us for a full refund within 30 days of receipt.

  1. PRICE AND PAYMENT

3.1 Prices shown against the products do not include the cost of postage and packing, but this is shown in the checkout process.

3.2 We may change prices at any time, but we will tell you about any change in the prices of any products you have ordered or the cost of the postage and packing before we send the products to you. We will give you the option to cancel your order. This does not affect your statutory rights.

3.3 You can pay for your products using any one of the methods detailed on our website. When paying by Paypal, credit card or debit card, 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.

3.4 Your account will be debited at the time of placing your order.

  1. DESPATCH & DELIVERY

4.1 For orders placed before midnight GMT we will make every effort to dispatch your products on the next UK business day.

4.2 We endeavour to ship the product from the UK one business day after the order has been placed and payment accepted. FLARES® PRO are always dispatched by tracked courier service and should therefore arrive within 7 days of dispatch, usually sooner.

Please note that delivery of other products is dependent on local postal services and may take much longer to reach certain countries.

4.3 We will always dispatch products to you or contact you at the address you provided at the time you placed the order.

  1. SHORTAGES OR DAMAGE CLAIMS

5.1 If the products you receive are damaged in transit you must contact us within 14 days of receiving the products. We will send you a replacement order after you have returned the damaged products, together with all the packaging for us to inspect. We will refund the postage and packing costs in this instance.

5.2 As long as you meet the conditions set out in this clause, and the products you return prove to be damaged or faulty, we will replace these products.

5.3 If a delivery does not match the description or quantity of the products you ordered you must contact us within seven days of receiving the order.

5.4 Please remember that we will not be able to make good any shortage, damage or fault if you fail to notify us as specified.

  1. CANCELLATIONS AND RETURNS

6.1 If you want to cancel an order you may do so for any reason within 30 days of receiving the products by sending us a clear and unequivocal notice of your intention to cancel.

6.2 You will be given a full refund (less any postage & packing charges and duties paid) as long as:

  1. The products are received along with their original packaging;
  2. The products are in the same condition as they were in when supplied to you; and
  3. The products have not been subjected to handling or use in excess of that which would be appropriate if you were inspecting them in a shop.

6.3 We reserve our right to make deductions from your refund amount for damage to products or packaging which results in loss of value.

6.4 We will not reimburse return postage costs.

6.5 All returns must be sent with customer identifiable information such as the dispatch note originally enclosed with your order. If you do not supply this information, we may not be able to process your return quickly or at all.

6.6 We cannot be held responsible for any products you return until we receive them. We strongly recommend you use a tracked service when returning items to us. Please retain proof of posting with the tracking number when returning products.

6.7 Refunds will be given in the currency with which your original payment was made.

6.8 Please note the refund amount you receive may be more or less than you originally paid due to fluctuations in currency exchange rates.

  1. WARRANTY

7.1 We warrant that when all the products are delivered they will match their description, be free from manufacturing faults for at least 12 months, excluding consumable products, such as EarFoams.

7.2 If within 12 months (unless otherwise specified when delivered) from the date of delivery you find that the products are faulty, you have the right for the goods to be repaired or replaced or, if this is not practical, to receive a full or partial refund, unless we can show that the products were not faulty or the fault was caused by your misuse of the products.

7.3 Please Note: EarFoams are a consumable product, which will require replacement depending on frequency and / or manner of use. Due to the personal nature of the intended use of the EarFoams product we are unable to accept returns of EarFoams once the packaging has been opened for any reason. This does not affect your statutory rights.

7.4 This 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.

7.5 You must make sure that any products you return to us are adequately packaged.

7.6 If you return products without customer identifiable information or any other form of proof of ownership, we may not be able to identify you as the owner and so may not be able to accept the returns or send the products back to you. If so, we will store the products for 28 days, after which (if they are not claimed) we will safely dispose of them on your behalf.

  1. LIABILITY

8.1 To the fullest extent permitted by applicable law, Flare Audio Limited disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website and will accept no liability for any loss or damage arising as a result of problems with access.

8.2 Flare Audio Ltd shall not be liable to any person for any loss or damage, which may arise:-

  • From the use of any of the information contained in any of the materials on this website.
  • Because of any commercial use of our products. We only supply products for domestic and private use. If you use our 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.
  • For any damage which was not foreseeable to us at the time of contracting, for any indirect, special or consequential loss or damage (whether for loss of profits or otherwise), costs, expenses or other claims for compensation arising out of unforeseen circumstances.
  • Any liability we do have will be limited to the price paid for the products by you.
  1. GENERAL

9.1 Any contract between us, whether for use of the site or in relation to the purchase of products or services through the site will be governed by the laws of England and Wales and all parties submit to the non-exclusive jurisdiction of the English Courts.

9.2 If any part of these terms and conditions is not valid or cannot be enforced in whole or in part this will not affect the validity and enforceability of any other part of the terms and conditions.

9.3 We may transfer, assign or subcontract all or some of our rights and responsibilities under these terms and conditions to any other organisation.

9.4 Any person other than you and us has no rights under the Contracts (Rights of Third Parties) Act 1999.

 

9.5 We reserve the right to alter these terms and conditions from time to time by posting new terms and conditions on this website.