1) Definitions: You, the Customer a person or company buying Products from us. Consumer a private person buying Products for private use. If you are a Consumer, please find your specific rights and exceptions in Section 19. Jordan Acoustics (us, our) the Product vendor as identified on your invoice and, where relevant, Service Provider. Invoice formal acknowledgement of Product ordered by you, sent by Jordan Acoustics. Price stated in Invoice. Product as described in Invoice.
2) Application: This Agreement applies to this sale, Service and all statements made by Jordan Acoustics in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Jordan Acoustics in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
3) Quotations/Orders/Contract: Quotations are only valid in writing and during the period that they state. If unstated, the period is 10 days. Orders may be received by writing, internet, telephone or fax but are only binding when accepted by Jordan Acoustics in a written Invoice or when taken face to face in our shop. Please check the Invoice and notify Jordan Acoustics of any mistake in writing immediately or the details stated in the Invoice will apply to this Agreement.
4) Price & Payment Terms: Products and Service Offering prices, tax, shipment, insurance and installation are as shown on your invoice. Changes to duties, insurance, freight and purchase costs (incl. for components and Services) may cause Jordan Acoustics to adjust prices accordingly. Payment will be made before supply or Service or, if agreed, within 30 days of the invoice date without further notice from Jordan Acoustics.
5) Delivery/Title/Risk: Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Jordan Acoustics may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Jordan Acoustics agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Jordan Acoustics may sue for the Price before title passes. If you refuse delivery without Jordan Acoustics agreement, you must pay our expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.
6) Acceptance: When you receive Product you must inspect it for any defects or damage before signing for the product. Jordan Acoustics will not be liable for any delivery damage reported after the goods have been signed for. Non-conformity must be reported within 7 days. After this period, you will have accepted the Product. If Jordan Acoustics agrees to the return of Product out with this period at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs will be payable by the customer unless the goods are proven faulty and will also be subject to a £45 or 10% of purchase price restocking fee, whichever is the greater. The same restocking fee applies to goods ordered and then subsequently cancelled by the customer prior to delivery if Jordan Acoustics has committed to the goods from the supplier.
7) Warranty : Unless otherwise stated, Jordan Acoustics guarantees to you that Product will be free from defects for 12 months from delivery and spare parts for 90 days from installation or delivery date, whichever is the earlier. This applies to new goods only. Should Product be defective within this period, Jordan Acoustics will repair or replace Product within a reasonable time. All reasonable care and endeavor shall be used to resolve problems within a realistic period in the circumstances. Jordan Acoustics does not give a warranty guarantee protection for: Damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself; Damage caused by any party or other external force; Fitness for any particular purpose; You must provide Jordan Acoustics with all reasonable courtesy, information, cooperation, facilities and access to enable Jordan Acoustics to perform duties, failing which Jordan Acoustics shall not be obliged to perform any Service or assistance. Please note that your calls to Jordan Acoustics may be monitored for training purposes.
8) Services: will be provided by Jordan Acoustics or Service Provider. Response times are estimates and may vary according to the remoteness or accessibility of Product location. Service may be provided via telephone or internet where appropriate. You must allow Jordan Acoustics to examine Product at your or our premises (at our choosing). Jordan Acoustics owns any replaced Product or parts resulting from repair and will charge Customer if these are not returned upon request. Unless stated in Service Offering, the following are excluded from Service: work outside local working hours, weekends or on public holidays, items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables, unnecessary work in Jordan Acoustics assessment, electrical environment, transfer of data or Software, viruses. 3rd Party Products will be repaired according to manufacturer or licensor warranty. Parts not critical to Product function (e.g.: hinges, doors, cosmetic features, frames) may not be serviced within Service Offering time period.
9) Liability: Jordan Acoustics accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of Jordan Acoustics, Service Provider or our employees, agents, subcontractors. Except for death/personal injury, this liability is limited to the lesser of £250,000 or Price. We does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by us within reasonable time, 4) loss avoidable by you through reasonable conduct, including backing up all data and following our reasonable advice generally, 5) all items excluded from the Warranty or by Force Majeure.
10) Force Majeure: Jordan Acoustics is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be enleadind to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
11) Confidentiality: Each party must treat all information received from the other marked “confidential” or reasonably obvious to be confidential as it would treat its own confidential information.
12) Termination: Jordan Acoustics may terminate this Agreement with immediate written notice if you: 1) fail to pay on time. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
13) Your obligations as a Customer: You are responsible for: Your own choice of Product and its suitability for purpose; Your telephone & postal charges in contacting us, if any; You must provide us with all reasonable courtesy, information, cooperation, facilities and access to enable us to perform duties, failing which we shall not be obliged to perform any Service or assistance. Please note that your calls to us may be monitored for training purposes.
14) Data Protection: Your data will be held and/or transferred in strict accordance with the applicable data protection laws. You may instruct us not to use your data for direct marketing purposes.
15) Consumer Rights: If you are a Consumer you may cancel your purchase at any time within 7 working days of receipt (mail order only) without cause and receive a refund of the Price paid. To do this you must inform us in writing and return the products immediately, in the same condition you received them and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement. This does not apply to any business customer or user. If exchanging goods under the 14-day exchange, goods may only be exchanged for another stock item of similar value or greater value.(no more than 10% lower value) To do this you must inform us in writing and return the products immediately, in the same condition you received them and at your own cost and risk.
16) Jurisdiction: Scottish law and the exclusive court jurisdiction of the Scottish courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded
17) Miscellaneous: If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. We may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
30-day money back scheme
Conditions: Goods returned under our 30-day money back guarantee (mail order) come under the following conditions.
1) Where any goods have been delivered free of charge, the original delivery charges incurred by us and any subsequent return charges will be charged at cost. (This applies even where goods have been delivered foc). Jordan Acoustics will levy a £45 or 10% of purchase price administration fee to cover the re-stocking, whichever is greater.
2) If you wish to return the goods, you must first obtain a return number from us, you must do this in writing.
3) Goods must be returned in as new condition within the 30-day period, i.e. if goods are ordered on the 1st of the month, we must have the goods back by the 30th of the same month, with no damage to the internal packing, all accessories, manuals, remote etc must also be in as new condition and unmarked and uncreased. (Remote must be unused as must any re-chargeable batteries where supplied) All original packing must be returned.
4) Where all goods are not returned to us – no refund will be given until we receive everything back. If some items are returned outwith the 30-day period, Jordan Acoustics reserve the right to either 1) Return all goods with no refund or 2) At our discretion issue a credit note to the value of the original order.
5) Any goods supplied free, e.g. mains cable or interconnects, must also be returned and in as new condition with all original packing undamaged.
6) Jordan Acoustics reserve the right to refuse return of goods that do not comply with all conditions as above. E.g. where supplied goods are returned damaged or scratched.
7) This offer does not affect your statutory rights in any way.
8) Offer excludes ex-dem , used and display items.
9) For e-bay buy it now auctions, any e-bay fee’s including credit card fees incurred by us will be deducted from any refund given.
10) Please note that the 30-day policy applies only to selected goods as detailed on our website or advertising.