Terms & Conditions

Online Sales Terms and Conditions

1 These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2 Information about us and how to contact us

2.1 Who we are. We are Sonoma Acoustics Limited a company registered in England and Wales. Our company registration number is 10308461 and our registered office is at Forward House, 17 High Street, Henley in Arden, UK, B95 5AA. Our registered VAT number is GB251456612.

2.2 How to contact us. You can contact our customer service team at support@sonomaacoustics.com.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3 Our contract with you

3.1 How we will accept your order. You will receive notification from that your order has been received and that your payment has gone though. However, our acceptance of your order will not take place until we have emailed you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4 Delivery

4.1 To see our delivery times and costs are set out in our Delivery Policy

4.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

4.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

4.4 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.1 will apply.

4.5 Your legal rights if we deliver goods late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

4.5.1 we have refused to deliver the goods;
4.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
4.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

4.6 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

4.7 When you own goods. You own a product which is goods once we have received payment in full.

5 Your rights to end the contract

5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

5.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;
5.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
5.1.3 If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions
5.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.5.

5.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 6.2.1 to 6.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

5.2.1 We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
5.2.2 We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
5.2.3 There is a risk that supply of the products may be significantly delayed because of events outside our control;
5.2.4 You have a legal right to end the contract because of something we have done wrong [(including because we have delivered late (see clause 4.7)].

5.3 Exercising your right to change your mind.  For most products bought online you have a legal right to change your mind within 14 days and receive a refund, however, give our customers 15 days to change their mind.

5.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

5.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided.

6 How to end the contract with us (including if you have changed your mind)

6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

6.1.1 Email at support@sonomaacoustics.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
6.1.2 Online. Complete the https://sonomaacoustics.com/support on our website.

6.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods via our returns process https://sonomaacoustics.com/support. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

6.3 When we will pay the costs of return. We will pay the costs of return:

6.3.1 If the products are faulty or mis-described;
6.3.2 If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
6.3.3 If you are exercising your right to change your mind.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

6.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

6.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

6.5.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
6.5.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

7 Our rights to end the contract

7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract.

8 If there is a problem with the product

8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at support@sonomaacoustics.com.

8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

During the expected lifespan of your product your legal rights entitle you to the following (subject to any exemptions under relevant laws):

See also clause 6.3.

8.3 Additional warranty. We provided a limited warranty for our products, which can be found at https://sonomaacoustics.com/support/warranty.

8.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please visit https://sonomaacoustics.com/support/return-inquiry/ for a returns label.

9 Price and payment

9.1 Where to find the price for the product. The price of the product (which includes VAT or other applicable sales tax) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.

9.2 We will pass on changes in the rate of VAT. If the rate of VAT (or other applicable sales tax) changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT (or other applicable sales tax) takes effect.

9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

9.4 When you must pay and how you must pay. We accept payment with most major cards https://stripe.com/us/payments. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

10 Our responsibility for loss or damage suffered by you

10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and for defective products under the Consumer Protection Act 1987.

10.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11 How we may use your personal information

11.1 How we will use your personal information. We will use the personal information you provide to us:
11.1.1 To supply the products to you;
11.1.2 To process your payment for the products; and
11.1.3 If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

11.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

12 Other important terms

12.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

12.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in the EU, you can bring legal proceedings in respect of the products in your country of residence or the English Courts.

If you live outwith the EU, you can bring legal proceedings in the English Courts or where the laws governing your place of residence allow, in in your country of residence.

12.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Online Dispute Resolution Programme via their website at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Online Dispute Resolution Programme will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

12.6 Further advice.  If you live in the UK, for detailed information on your legal rights under these terms, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.