General Terms and Conditions of Sale
D’Von Audio Limited
General Terms
These General Terms and Conditions of Sale apply to all sales, deliveries and special events and may be applied and enforced at any time in part or in full unless superseded in writing by an officer of D’Von Audio Limited. The Company (D’Von Audio Limited) hereinafter in these terms and conditions may be referred to as D’Von, D’Von Audio, Us, We, Our, Seller or Company.
Any terms proffered by any purchaser will not be binding unless agreed in writing by an officer of the Company. Our terms and conditions are binding and exclude any other terms and conditions that any purchaser seeks to incorporate into a sales agreement except those implied by UK law.
All sales are governed by the law of England and Wales and the Customer accepts this condition and Our Terms and Conditions once order payment has been made.
Payment
Unless by prior agreement with Us the full purchase price is due at time of purchaser placing order on-line.
The customer accepts that payment is made on submitting their order with Us and that shipment and delivery will be at a later time through third party couriers. Shipment will not be made until payment reaches Us through whatever means was used by the purchaser.
If for any reason payment is not received by Us shipment will not be made: examples include but not limited to system outages, bank errors and credit/debit card issues.
Delivery, Risk and Title
Risk and title of the product passes when the delivery of the product is received by the purchaser at the declared address. Delivery must be accepted by a responsible person. No claims will be entertained unless delivery is received in this way.
For British deliveries shipping will be paid by D’Von Audio.
For non-British deliveries shipping and import duties/taxes will be paid by D’Von Audio but the customer is reminded that they are still the importer to their country and would need to pay any bills regarding this unless previously paid by D’Von directly to shippers. D’Von Audio will reimburse import cost upon receipt of a copy of the official import bill. Fraudulent claims and altered paperwork will not be entertained. Import charge refunds will not paid without receipt of official import documentation.
Import bill refunds will be returned through whatever method of payment was originally used; credit card, bank transfer etc.
Cancellations and Returns
Cancellations made before product is shipped will be fully refunded using the same method of payment that was used; credit card, bank transfer etc.
Products that have been shipped or delivered may be returned in the original, undamaged condition and in the original packaging. If an order is cancelled whilst product is in shipping but not yet received the Customer must not open the packaging and arrange for return. Upon receipt at Our works the product will be inspected prior to any refund being made: D’Von’s decision is final on the returned condition and speaker returns are subject to £75 GBP handling/restocking charge. This also applies to our 30 day home trial
Accessories have a 60 day money back guarantee and are subject to a 3% restocking fee.
Returns from outside the UK: Any import costs incurred on returning product after delivery will be paid by the Customer. If paid by D’Von then the full cost of duty will be deducted from any refund due.
Upon satisfactory receipt and inspection then We will refund the purchase cost of the product minus the £75 GBP charge (speakers only) and any other unpaid duties. Any refund will be made within 14 days of receipt of returned product using the same method of payment that was used; credit card, bank transfer etc.
Notification of Defects upon Customer receipt
The purchaser is responsible to inspect the packaging for damage prior to receiving the delivery from the delivery agent. If there is obvious damage to the packaging and it is suspected that the product is damaged them the Customer must not accept the delivery. Photographic evidence of the damage must be sent to D’Von Audio together with any other information which describes the damage to aid their claim. This information MUST include a photo of the serial number of the product. No claim will be considered without the serial number being quoted.
The Customer must inspect the product immediately after unpacking for damage or defects and shall inform Us by email of the defect and with supportive photographic evidence giving as much detail as possible to assist the claim. Failure to notify Us with 24 hours of receipt will result in the claim being rejected.
D’Von Audio products are hand-made and not mass produced. As a result a few small imperfections may be visible. Variations are a natural result of the handmade process and will not affect the sound quality or enjoyment of Our product. Each shipment is visibly examined before despatch and any unacceptable flaws are rejected.
Product guarantee
D’Von Audio Limited guarantees its speaker products for 5 years covering manufacturing defects only from receipt of delivery. The guarantee does not cover wear and tear or mis-use of product including incorrect connection or blown speaker cones/units. Any guarantee is void if any part of the product is dismantled or tampered with. Our decision is not negotiable if We determine that the product has been tampered with or misused in any way no liability will be accepted.
The guarantee does not cover scratches, inadequate maintenance, including the use of chemicals or unsuitable polish for cleaning, or general damage however caused for example by knocks/bumps or dropping of the product. The Customer must prove in writing that any defect is covered by Our guarantee. Should the product be returned to Us, D’Von Audio will determine if the claim is valid, if so We will determine if the product warrants a refund or replacement. D’Von Audio’s decision is final and liability is limited to the replacement cost of the product; no liability is accepted for indirect losses howsoever caused.
Accessories have a 60 day money back guarantee and are subject to a 3% restocking fee.
Limit of Liability
In the event of any defect being accepted by Us We will repair or replace the product at Our discretion. If the defective product is out of stock or no longer in production we will replace the product with a similar product.
If the product is modified or tampered with in any way We will not be liable for any defects arising or any third-party claim.
Any disputes that are not resolved amicably between D’Von Audio Limited and the Customer shall be heard by the English Courts and settled using English Law.
Force Majeure
D’Von Audio Limited will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, and Internet disturbance) that was beyond Our reasonable control.
If the shipment or delivery of the product cannot be continued due to force majeure, We will be exempted from liabilities in whole or in part according to the impact of the force majeure. If D’Von cannot perform this any contract due to force majeure, We shall immediately notify the Customer, and try Our best to minimise any possible losses as sustained by the Customer, and shall attempt to provide proof to the Customer of said event.
Data Protection
Data collected by Us will be:
- used fairly, lawfully and transparently
- used for specified, explicit purposes
- used in a way that is adequate, relevant and limited to only what is necessary
- accurate and, where necessary, kept up to date
- kept for no longer than is necessary
- handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage
The information required by Us in order to fulfil our contract with you is as follows:
- Name
- Address
- Email address
- Telephone number if applicable
- Order details
- Any specific delivery instructions
Please see our Privacy Policy for further information.