Terms and Conditions
BACKGROUND:
This agreement applies as between you, the User of this Website or Purchaser and Knight Audio, the owner of this Website (knightaudio.co.uk). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. International Customers
If Goods are being ordered from outside Knight Audio country of residence, import duties and taxes may be incurred once the Goods reach their destination. Knight Audio is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Knight Audio gives no guarantee that the packaging of the Goods will be free of signs of tampering.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Knight Audio our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Knight Audio.
3. Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Knight Audio. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site, www.knightaudio.co.uk, without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Knight Audio. To find out more please contact us by email or telephone.
7. Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
7.1.1 obscene or vulgar language must not be used;
7.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 Content that is intended to promote or incite violence must not be submitted;
7.1.4 it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.1.5 the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
7.1.6 Users must not impersonate other people;
7.1.7 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Knight Audio reserves the right to monitor any and all communications made to us or using our System.
7.3 You acknowledge that Knight Audio may retain copies of any and all communications made to us or using our System.
7.4 You acknowledge that any information you send to us through our System or post on the forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
8. Accounts
8.1 By continuing to use this Website you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required
9. Termination and Cancellation
9.1 Knight Audio reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
9.2 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
10. Payment
10.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Knight Audio.
11. Goods, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Knight Audio correspond to the actual Goods, Knight Audio is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14 for incorrect Goods.
11.2 Where appropriate, you may be required to select the required size, model, colour, number and other features of the Goods that you are purchasing.
11.3 Knight Audio does not represent or warrant that such Goods will be available.
11.4 All pricing information on the Website is correct at the time of going online. Knight Audio reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
11.5 In the event that prices are changed during the period between an order being placed for Goods and Knight Audio processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
12. Property, Risk and Account of Profits
12.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Knight Audio. Title remains with Knight Audio until payment is complete.
12.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Knight Audio or forming a component part of a larger Good, and any amount of the purchase price payable to Knight Audio remains outstanding, the Purchaser must account to Knight Audio for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Knight Audio until payment has been received in full by Knight Audio.
12.3 Knight Audio reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Knight Audio has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 12.1, remain the property of Knight Audio.
13. Delivery
13.1 Knight Audio will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
13.2 If Knight Audio receives no communication from you, within seven days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
14. Returns Policy
Knight Audio aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by the Terms and Conditions detailed on our Warranty & Returns page.
15. Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click here.
16. Disclaimers
16.1 Knight Audio makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
16.4 Whilst Knight Audio uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
17. Changes to the Service and these Terms and Conditions
Knight Audio reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Knight Audio is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
18. Availability of the Website
18.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
18.2 Knight Audio accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, Knight Audio accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
19.2 Nothing in these Terms and Conditions excludes or restricts Knight Audio’s liability for death or personal injury resulting from any negligence or fraud on the part of Knight Audio.
19.3 Nothing in these Terms and Conditions excludes or restricts Knight Audio’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
19.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
22. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Knight Audio.
23. Notices
23.1 All notices / communications shall be given to us by email to info@knightaudio.co.uk. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23.2 Knight Audio may from time to time send you information about our products and/or services. If you do not wish to receive such information, please email us with your request to ‘Unsubscribe’.
24. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Knight Audio shall be governed by and construed in accordance with the Law of England and Wales and Knight Audio and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.