Introduction
We aim to give you the best possible service at all times. The following terms and conditions will explain how we will deal with your Order and you should read them carefully.
The terms and conditions set out below (together with our, Privacy Policy, Terms of Website Use and Refund Policy) are the terms and conditions (“Terms”) for website sales.
By purchasing through this website you are entering into a legally binding contract with us. This means that you and we have rights and obligations. If you are unsure of your rights and obligations now or at any time during the contract please seek independent advice.
The information on this website is given in good faith and we cannot accept responsibility for any loss or damage arising from the information or its use or misuse.
We have a physical office and warehouse where you can speak with a salesperson to ensure you are buying the correct Goods for your needs. Please see the ‘contact us’ link at the bottom of each page.
If you are looking for assistance with a purchase you made please use the ‘contact us’ link at the bottom of each page.
We amend these Terms from time to time. Every time you wish to place an Order for Goods, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were created in August 2016.
These Terms are only in the English language.
Your Order
By placing an Order with us, you’re accepting these Terms and confirming that you have the authority to bind any business on whose behalf you use our website to purchase Goods.
For the steps you need to take to place an Order on our website, please see our FAQ page. Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the Order process.
Once you’ve placed your Order, we will acknowledge your Order immediately by email and confirm our acceptance within 48 hours. This is to inform you that we’ve received your Order and one of our agents will be processing it. It doesn’t mean that we have legally accepted your Order. Acceptance of your Order, and the completion of the Contract, will take place when we dispatch the Goods to You (or some of them if we’re delivering in installments).
You are responsible for all activities which occur under your customer username and password, save where such activities occur as a result of our negligence or fault.
The Goods displayed on the website and information about the Goods and the prices on the website are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Goods subject to these conditions. When you place your Order you are inviting us to enter into a contract with you to supply the Goods you have selected at the price indicated on the website and in your Order form. When we receive your Order we will send you an acknowledgement by email to the address you have supplied to confirm receipt and we will pass your Order to our sales team for processing. This acknowledgment is neither an Order confirmation nor an Order acceptance by us.
We may list availability information for Goods sold by us on the website, including throughout the Order process, but cannot guarantee the availability of Goods listed on the website. You will be contacted by a sales representative should Goods you have ordered not be in stock.
Acknowledgement of your Order is not a guarantee by us of the availability of the Goods.
If you receive an acknowledgment email or confirmation email for an Order which you did not place, or if the details in the acknowledgment email or confirmation email do not match the Order which you placed, you must contact our sales team to cancel the Order or correct the details. Details can be found by clicking the ‘contact us’ link at the bottom of each page.
Payment
Online payments may be made by debit card, credit card or Pay-Pal. Payment card is taken at the time you place your Order and is processed using an independent company’s secure payment processing system. We do not see, or have access to, any of your payment card information. Prices are displayed excluding VAT in the shop with UK VAT being added at checkout if you are a UK customer, all other regions of the world will pay the net (without taxes) value.
Delivery
Estimates as to delivery and/or installation dates are given in good faith but are only estimates and should not be relied upon as such. Time is not of the essence for delivery and we will not accept liability for any losses unless we fail to deliver within a reasonable time. .
Delivery will be completed when we deliver the Goods to the address you gave us. The Goods will be your responsibility from the completion of delivery. You own the Goods once we have received payment in full, including all delivery charges.
If no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery.
Please check that the Goods you receive are the ones you ordered, the correct colour and size, and that they are examined for apparent faults or damage at the time of delivery and before installation/assembly. If you have any doubts following inspection of the Goods please contact us immediately. In all cases genuine complaints will be dealt with in good faith, but your rights may be adversely affected if you do not contact us as soon as possible.
We reserve the right to refuse to deliver to any address that we cannot easily arrange transport to.
KJF audio will only take responsibility for a parcel until it leaves the UK, goods delivered outside of the UK are subject to your local customs and excise rules, we have no control over them and nor does any courier we may choose to deliver the goods to you. All fees and taxes requested by our courier for clearing your local customs must be paid promptly.
Any information they request to identify you or to aid in delivery of the parcel must be given in a timely manner.
Failure to pay monies or give the information requested, may result in your parcel being returned to us or disposed of, resulting in both the loss of your items and the loss of your original payment to us.
Our Pricing
The prices of the Goods will be as quoted on our standard website list price from time to time. All Goods have been priced for the website, although these may not be the prices you will be quoted if you speak directly with our sales staff. Offline sales often have ‘account’ price lists specifically for different customers depending on volume etc. These individual price lists are not mirrored in the website; we only have pricing available based on the standard website price list.
The price of Goods are displayed inc VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect. The price of Goods does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our shipping cost calculator.
We may occasionally show a discount from the standard website price list. If an additional discount is applied then a “Was” price may also be shown. The “Was” price will be the last selling price before the additional discount was applied.
We do our utmost to ensure that all our prices and descriptions are accurate and up to date but on rare occasions it is possible that errors may occur. Our sales team will check the details of your Order and if we find that there is a pricing or other error we will notify you as soon as possible and give you the choice to proceed with your Order at the correct price/specification or to cancel your Order and obtain a full refund. If we do not receive a response to this notification within seven days we will cancel the Order and issue a refund of your payment.
Goods
We reserve the right to alter the availability and/or specification of Goods without prior notice. No responsibility or liability will be accepted for errors or for information which is found to be misleading. Every effort has been made to make sure that the colors in this website are as accurate as possible. Due to variances of monitors and graphics cards, and variances of the manufacturing process, actual colors may vary and may not be an exact match with the Goods you receive.
We quote the nominal sizes for the Goods we sell. These sizes are approximate and small variations may occur.
You are responsible for ensuring that the quantity of any product ordered is sufficient for your application.
Any samples provided to you are intended to give a general impression of the manufactured item but a match cannot be guaranteed.
Our Liability
Nothing in these Terms limit or exclude liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), or defective products under the Consumer Protection Act 1987.
Subject to what is stated below, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your Order for any loss of profits, sales, business or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.
Subject to what is stated above, our total liability to you in respect of all other losses arising under or in connection with your Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
Variation
We may revise these Terms from time to time when we change how we accept payment from you and when there are changes in relevant laws and regulatory requirements.
Every time you order Goods from us, the Terms in force at that time will apply to the contract between you and us. Whenever we revise these Terms we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
Other Important Terms
Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for one month, the party not affected may cancel the Order by giving 14 days’ written notice to the other party, and a full refund will be issued if payment has been made.
When we refer in these Terms to “in writing” this will include e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Order.
Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee. These provisions shall not apply to the service of any proceedings or other documents in any legal action.
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
Contracts are formed between you and us. No other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms are governed by English law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
We will keep a record of the contractual arrangements agreed between us and you for as long as we consider is necessary.