1. These terms of sale (“Terms”) govern your relationship with FLARE AUDIO when you use our online services (“Services”) via this online store (the “the Online store”). Wherever you see “FLARE AUDIO”, “we”, “our” “us” on the website or in any of the terms and conditions, this means FLARE AUDIO Limited (Co. No. 06315305) of Unit 11, Chartwell Business Centre, 42 Chartwell Road, Lancing, West Sussex BN15 8FB and any of its subsidiaries. The words 'you' or 'your' refer to the person ordering a product or products detailed on our website. From time to time we may use the services of third parties to assist us in the provision of this online store. By purchasing products via this online store, you acknowledge that the online store is controlled by FLARE AUDIO Ltd. and you accept and agree to these Terms (which include our Privacy Policy) and you agree that your use of this online store, including any transaction you make, is subject to these Terms. If you do not agree to all of these Terms, you may not use this online store.

2. You should print a copy of these Terms for future reference.

3. If you have any questions about these Terms please contact our customer services department at this email address info@flareaudio.com.

Changes to these terms

4. 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.

5. You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).

Online store content

6. The Services, this online store (including without limitation) all trade marks, music recordings, lyrics, audio and audio visual clips, digital downloads (“Content”) are owned and controlled by or licensed to FLARE AUDIO Ltd., its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of FLARE AUDIO Ltd. or such affiliates, licensors and/or licensees.

7. You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the online store, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.

System requirements

8. Purchases via the online store require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.

Your use of our online store

9. You may not:
   1. restrict or inhibit any other user from using and enjoying this online store or the Services;
   2. act in any way that would damage, disable, overburden, or impair this online store or the Services or effect or encourage conduct that would constitute a criminal offence or give rise to civil liability;
   3. upload, post or transmit to, or distribute or otherwise publish through this online store any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party’s rights;
   4. impersonate any person or entity or misrepresent your affiliation with any other person or entity;
   5. exploit any information or other material obtained on or through this online store for commercial purposes;
   6. engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using FLARE AUDIO cookies for purposes which are unrelated to the services);
   7. attempt to gain unauthorised access to other computer systems through this online store or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this online store; or
   8. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this online store or the contents or the services.

Registration and Passwords

10. If a particular service requires you to register with the online store or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.

11. You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this online store by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.

12. You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

13. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms and Conditions. You may not use another person’s account at any time without the express permission of the account holder.

14. You are responsible for ensuring that the information we hold is up-to-date. Please amend your details as appropriate from time to time or email info@flareaudio.com to notify us of any changes.

15. Please see our Privacy Policy for further explanation as to how we use the information we collect from you and how we use cookies and traffic analysis tools.

Our Products

16. Our online store may allow you to:
    1. purchase physical products e.g. earplugs, earphones, apparel and other merchandise;
    2. download digital products e.g. gift cards

17. If we decide to offer any additional products in the online store, such future products will also be covered by these Terms. 

18. You should ensure that your computer meets the minimum technical requirements for the Services, namely a Cookies enabled browser. You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant service. Terms and conditions provided by the software supplier may apply to your use of the software.

19. You may need to register with the online store before using the Services. 

20. 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.

21. 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.

Making an Order

22. Follow the onscreen instructions on the online store to make an order.

23. 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 and conditions. 

24. 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).

25. 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. Your order represents an offer to us to purchase a particular item which is accepted by us only when we send you an email (“Shipping Confirmation”) confirming:
    1. in the case of physical products: that that particular product has been despatched;
    2. in the case of gift cards: instructions for accessing the gift card.

26. We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a refund in accordance with our Refund Policy. Where your order was for products of a “hybrid” nature (e.g. a physical and digital product) we will refund the relevant element of the order in accordance with our Cancellation Policy for that particular product.

27. If we cannot provide the products you order, we will give you the option to cancel your order or place an alternative order.

28. 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.

Payment

29. Our prices are in UK Pounds (GBP), because we are a British company based in the United Kingdom. Your credit card company / PayPal / Apple Pay (depending on the payment method you choose) will convert the final amount of the order to local currency at the prevailing exchange rate.

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

31. We can accept major credit cards in addition to PayPal and Apple Pay. Prices appear on the online store and are inclusive of VAT (where applicable). We may change the prices for products at any time by posting new prices in the online store.

32. You can pay for your products using any one of the methods detailed above. 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.

33. Prices shown exclude shipping charges if applicable. Shipping charges, if applicable, are added to the total amount and will be calculated and displayed on screen prior to your payment details being taken. There are no shipping charges for digital content. The purchase will appear on your credit card or bank statement as SP Flare Audio.

34. It is always possible that, despite our best efforts, some of the items listed on our online store may be incorrectly priced. We will usually verify prices as part of our despatch procedure so that, where a product’s correct price is less than our stated price, we will charge the lower amount when despatching the product to you. If a product’s correct price is higher than the price stated on our online store, we will usually, at our discretion, either contact you for instructions before despatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.

35. Billing to your credit/debit card, PayPal or Apple Pay account will take place prior to or at the time of purchase or soon afterwards.

36. FLARE AUDIOmay use a third-party service provider to process payments, but will ensure that any payment processor engaged by FLARE AUDIO will use security to encrypt credit or debit card data.

Cancellation, Delivery and Usage Rules

37. In the event that we have to cancel your order after payment has been taken, we will notify you of our need to cancel your order and supply you with a refund as soon as possible.

Gift cards

Cancellation

38. If you order Gift Cards, you will have a cancellation period of 30 days in which to cancel your order for any reason. However, if you decide to purchase a product using the gift card before the end of these 30 days then you will lose this cancellation right.

Delivery

39. We will send you an email confirmation of your Gift Card together with instructions.

40. Please note that we may withdraw the Gift Card facility from the online store at any time.

Physical Products

Cancellation

41. You may cancel your purchase of physical products at any time within 30 days for any reason, beginning on the day after you receive the product(s). In this case, you will receive a refund of the price paid for the product(s) in accordance with ourRefund Policy. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering your physical product order, we will refund the relevant digital element of the order in accordance with our Cancellation Policy. Where you order multiple items that are delivered in separate batches, your 30 day cancellation period does not begin until the day after the last item has been received by you.

42. To cancel, you must inform us clearly by emailing us on info@flareaudio.com. Please return the product, with their original packaging, to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.

43. All returns must be sent with customer identifiable information such as the despatch note originally enclosed with your order and the Returns Form, which can be obtained by emailing us at info@flareaudio.com. If you do not supply this information, we may not be able to process your return quickly or at all.

44. 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. You are responsible for the cost of returning the item to us, unless point 57 applies.

45. If you are sending a package back from outside the UK or European Union please refer to our "International Returns" document which will be provided with your return authorisation.

46. Details of ourRefunds Policy can be found at points 61-72.

47. Please note that we may withdraw any product from the online store at any time.

48. Your statutory rights are unaffected. 

Shipping and Delivery

   49. We aim to fulfil your order on the next UK business day after the day you have placed the order.  We will confirm the date of despatch in the Shipping Confirmation.

   50. FLARES® PRO are always dispatched by tracked courier service and should therefore arrive within 7 days of despatch, usually sooner.

51. Delivery of other products 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 and also available at the time of placing the order.

52. We will always despatch products to you at the address you provided at the time you placed the order. If we need to contact you we will do so via the email address you provided at the time you placed your order.  It is your responsibility to ensure you have provided the correct address and email address.

53. We cannot be held liable for non-delivery due to an incorrect address being entered by you when placing your order.

54. Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your sole remedy will be either a replacement product or a refund, as determined by FLARE AUDIO or the relevant third-party supplier as appropriate. Your statutory rights are not affected.

55. We will not be liable to you for failures, defects or delays in delivery caused by:
    1. your provision of incorrect information;
    2. your computer failing to meet the minimum technical requirements for the Services;
    3. your failure to comply with instructions for use of the services; or
    4. an event which is outside of our reasonable control.

Risk and Title

56. Products purchased will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges and when we have sent you an email confirming:
    1. in the case of physical products: that that particular product has been despatched;
    2. in the case of gift cards: instructions for accessing the gift card.

Shortages or Damage Claims

57. 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 reimburse you for the postage costs in this instance, if the product proves to be faulty.

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 and reimburse your return postage costs.

58. If a delivery does not match the description or quantity of the products you ordered you must contact us at info@flareaudio.com within 14 days of receiving the order. Please retain all packaging, invoices and packing slips until you have heard from us.

59. Please remember that we will not be able to make good any shortage, damage or fault if you fail to notify us within 14 days of receiving your order.

60. If you are sending a package back from outside the UK or European Union please refer to our "International Returns" document which will be provided with your return authorisation.

Refunds Policy

61. If you cancel your purchase of products within the 30-day cooling-off period detailed in points 38 and/or 41 above, we will process the refund* due to you as soon as possible and, in any event, within 14 days of the day we receive the returned product. In this case, we will refund the price of the product in full, provided that you have taken reasonable care of it and the product is returned in its original condition. We accept that you will need to use products such as the earplugs and earphones to determine whether they are suitable for you.

* Refusal of courier delivery will include an admin fee for the return of goods (See below for fee rates).

• £3 UK
• £15 EU
• £25 Rest of the World

63. You will be responsible for the cost of returning the item to us.
    
    
64. If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on our part, we will examine the returned product and will notify you of your refund or otherwise via email within a reasonable period of time.
    
    
65. Products returned by you because of a manufacturing defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. However, if you determine that any earplugs purchased by you are not working for you, this does not mean the product is defective. The cost of returning earplugs will therefore will be at your own expense.
    
    
66. Garments must be returned unwashed, unworn with all labels and tags left attached. Garments must not be tainted or subjected in any way to fragrance, deodorant or make-up. Goods will not be accepted if they are not returned in their original condition.
    
    
67. We will always make any refund using the same method originally used by you to pay for your purchase. If you paid using a gift card, we will refund the amount onto a gift card.
    
    
68. All returns must be sent with customer identifiable information such as the dispatch note originally enclosed with your order and the Returns Form, which you can obtain by contact our customer services team at info@flareaudio.com . If you do not supply this information, we may not be able to process your return quickly or at all.
    
    
69. 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.
    
    
70. Refunds are made using the same Payment Method originally used by you to pay for your purchase, unless agreed otherwise and will convert the final amount of the order to local currency at the prevailing exchange rate. Please note the refund amount you receive may be more or less than you originally paid due to fluctuations in currency exchange rates.
    
    
71. If you are sending a package back from outside the UK or European Union please refer to our "International Returns" document which will be provided with your return authorisation.

Import duty

72. Products ordered from our online store for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

73. You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Termination

74. We may, in our sole discretion, terminate your password, account (or any part thereof, if any) or use of this online store without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Services or the Content or the Software is unsuitable.

75. Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.

76. Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Webstore).

Liability and Warranty

77. We warrant to you that any goods purchased from us through our online store are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

78. 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®.

79. 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.

80. 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.

81. In relation to our supply of products via this online store (including both gift cards and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

82. FLARE AUDIO shall not be liable for any damages of any kind arising from the use of the products, including but not limited to direct, indirect, incidental, and consequential loss, including lost profits, goodwill, or any other intangible loss, even if FLARE AUDIO has been advised of the possibility of such loss.

83. You agree to indemnify FLARE AUDIO, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, or arising out of or related to your breach of these Terms, misuse of the products, or your violation of any applicable law, rule, regulation or third party right.

84. 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.

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

86. 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.

87. This Section does not in any way limit or exclude our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Transfer of Rights and Obligations

88. The contract between you and us created by these Terms (the “Contract”) is binding on you and us and on our respective successors and assigns.

89. You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

90. We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for our obligations under the Contract where applicable.

Events Outside Our Control

91. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.

Resolving Disputes Between Us

92. We hope we are able to help you with any queries or complaints you have with the services and goods we provide. Please email us on info@flareaudio.comwith any issues.

 General

93. These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms between you and us.

94. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.

95. No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.

96. No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

97. These Terms shall be binding on and endure for the benefit of each party’s successors in title.

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

 Governing Law and Jurisdiction

99. These Terms shall be governed by and construed in accordance with the laws of England and Wales and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these Terms.

100. 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.

101. If you order products from our online store for delivery outside the UK they may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

102. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 Communication

103. Applicable laws require that some of the information or communications we send to you should be in writing. When using our online store, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our online store. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English. This does not affect your statutory rights.

104. All notices given by you to us must be given to us at the address set out below or email address info@flareaudio.com. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the online store, or by posting the notice on the online store. Notice will be deemed received immediately when posted on our online store, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.

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

106. If you have any queries about these Terms, this online store or any of our Services please contact: info@flareaudio.com

Our registered address is:

Flare Audio

Unit 11 Chartwell Business Centre

42 Chartwell Road

Lancing

BN15 8FB

United Kingdom

Our registered company number is 06315305