Terms and Conditions of sale · Touchstone 2c
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Terms and Conditions of sale

These Touchstone 2c (trading name of Air Audio Services Ltd. Co. No. 9442529, VAT No. 208 4951 02, of Rosebank House, Shepherds Green, Oxon. RG9 4QL). Terms and Conditions are effective from 01.04.2018 until further notice.

1. Definitions

2. Application

This Agreement applies to this sale, Service and all statements made by Touchstone 2c in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Touchstone 2c in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement, written or verbal.

3. Quotations/Orders/Contract

Quotations are only valid in writing and during the period that they state. If unstated, the period is 14 days. Orders may be received by writing, internet, telephone or fax but are only binding when accepted by Touchstone 2c in a written Order Confirmation or when taken face to face. Please check the Order Confirmation and notify Touchstone 2c of any mistake in writing immediately or the details stated in the Order Confirmation 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 Touchstone 2c 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 Touchstone 2c.

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. Touchstone 2c may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Touchstone 2c agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Touchstone 2c may sue for the Price before title passes. If you refuse delivery without Touchstone 2c's 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. Touchstone 2c 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 Touchstone 2c agrees to the return of Product out of this period, at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you. Please note cosmetic damage must be notified within 24 hours of delivery.

7. Warranty

Unless otherwise stated, Touchstone 2c guarantees to you that Product will be free from defects (excluding valves which have a 60-day warranty, remote controls which carry a 90 day warranty, and CD Lasers/Mechs which carry a 6 month warranty, unless otherwise stated) for 1 year from delivery (first owner only) and for repairs including spare parts once fitted for 90 days from installation or delivery date, whichever is the earlier. Should Product be defective within this period, Touchstone 2c will repair or replace Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. Product Manufacturers that offer longer warranty periods, are fully accepted by Touchstone 2c. Touchstone 2c does not give a warranty guarantee protection for:

Collection and Delivery charges are the responsibility of the customer.

Fitness for any particular purpose:
You must provide Touchstone 2c with all reasonable courtesy, information, cooperation, facilities and access to enable us to perform replacement or repairs. Failing which, we shall not be obliged to perform any service or assistance.

Please note that your calls to Touchstone 2c may be monitored for training purposes.

In the event that spares are no longer available for whatever reason Touchstone 2c will not be liable for the repair of that product under the terms of the warranty. All equipment is only covered by the standard manufacturers warranty.

8. Services

Will be provided by Touchstone 2c 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 Touchstone 2c to examine Product at your or our premises (at our choosing). Touchstone 2c 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 Touchstone 2c 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

Touchstone 2c accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of Touchstone 2c, Service Provider or our employees, agents, subcontractors. Except for death/personal injury, this liability is limited to the lesser of £50,000 or Price.

Touchstone 2c 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

Touchstone 2c is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control which lead 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

Touchstone 2c 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.
  2. Becomes insolvent or is unable to pay debts as they fall due.

13. Your obligations as a Customer

You are responsible for:

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.

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 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; goods that were a special order or that have been personalised in any way do not qualify.

Goods returned in a used condition or goods that have been marked or damaged in any way will not be accepted under the terms of this legislation. In addition, where we have taken a part exchange item a cash value will not be given under the terms of this clause and a credit note issued. However any cash paid in addition to the part exchange value will be refunded.

16. Jurisdiction

English law 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.

18. 14 day exchange

Conditions regarding 7-day distance selling regulations as detailed in section 15 above apply. In addition, goods may only be exchanged for stock items of a similar or greater value. No cash refund will apply. This does not affect your statutory rights in any way. Only one exchange allowed. In other words, if you exchange an item under the terms of the 14-day plan, you may not then subsequently exchange the exchange item for another item. Please note that additional delivery/collection charges may apply.

19. Part Exchange Equipment

Where you are part exchanging equipment with us, it is your responsibility to ensure that they are correctly packaged using the original manufacturers packaging, prior to us collecting the goods. Items not packed correctly may incur damage in transit and as such, may then be ineligible as a part exchange item.

In the event of goods arriving damaged due to miss-packing, we will either return these or you may be able to pay the additional cost to have them repaired. Where goods cannot be repaired cost effectively, then we may agree a reduced value with any shortfall made as a separate payment - please ask for full details.

20. 21-day home trial

Purchasers participating in our 21-day home trial (on certain products and by prior agreement) can benefit from being able to fully establish the suitability of that product for their needs. In the event that product does not suit your needs, you can return the product to us for a full value refund.

The goods must be returned in as new condition and you will be responsible for the full return cost to us. Anything provided free as part of that offer, must also be returned and equally, be in as new condition. Goods returned that are marked or damaged in any way, or where there are items missing, or items that were a special order (e.g. personalised in any way, including a special colour order e.g. any white finish on loudspeakers) will not be eligible under the terms of this programme.

To return goods, you must first notify us in writing of your intention to return the goods. You will at that point be provided with a 'goods to return' number that you must quote in any correspondence.

The trial period commences from actual shipping date of the goods to you. The goods must be returned to us by the 21st Calendar day thereafter. Goods arriving outside that period will not be eligible for return. Please note that where a part exchange has been received and that part exchange item(s)has been sold during your trial period and you decide to exercise your return option, then a credit note to the value of the part exchange will be issued. Any additional money received in payment of the goods will be refunded in full.

The 21-day period ceases to operate where you have agreed to keep the goods during the above period. This avoids any issues with part exchanges being sold. Occasionally we may agree to an extension period where you may still be unsure. Please note this will then supersede the existing agreement and will commence from the date which it is agreed. e.g where you are say 17 days into an evaluation period and we grant another 14-days, this would start from the date the extension is agreed and is not in addition to the 21-day period. Again please note that with an extension period, goods must be returned and in our possession by the last day of that period. Goods arriving outside that date will not be eligible for return.

Where goods arrive back in 'used' condition with marks/scratches or any damage including damage to internal packing or items missing - these do not qualify for return. In that circumstance we may exercise one of the following at our discretion:

  1. The goods will be returned to the customer.
  2. We will issue a credit note and take the goods back into stock
  3. We may levy a re-stocking charge (as a guide this is 30% of the price paid) - however these are a guide only and each case will be viewed on its own merits. This does no effect your statutory rights in any way.

Please be aware that there are certain colour finishes on loudspeakers that do not qualify under the terms of this agreement: Any white finish, gloss or otherwise, any special order finish outwith standard range colours. This applies to all electronics too.

21. Custom made, specially built, refurbished or repaired products

Where an item is custom made or manufactured to a non standard specification, no refund will apply under distance selling regulations or under any normal money back offer for standard components. Where goods are repaired or refurbished, the work undertaken is guaranteed for 90 days and will be shown/operated to you before you leave with your goods. All repairs and refurbishments hardware must be delivered and collected by the customer or his agreed third party.

All refurbishment and repair work will be undertaken only after you have agreed our estimated price and this will be offered in writing or email. This is an estimation, not a quotation and the final cost may vary - we will contact and agree any additional cost with you, if it is going to be over 30% the estimated cost - once a detailed investigation/examination of the product has been made, or through the work period, if unseen wear or damage is subsequently found and requires additional materials or time spent effecting the repair or refurbishment. This does not affect your statutory rights.

22. Privacy Policy on Cookies

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We do not use either "session" cookies and "persistent" cookies on this website.

We do use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. View Google's privacy policy.

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites.