Terms & Conditions
These Terms and Conditions are effective from 01.01.11 until further notice.
1. Definitions
You, the Customer a person or company buying Products from us. Consumer a private person buying Products for private use. If you are a Consumer, please find your specific rights and exceptions in Section 19. Kronos AV Ltd (us, our) the Product vendor as identified on your invoice and, where relevant, Service Provider.
Order Confirmation formal acknowledgment of Product ordered by you, sent by Kronos AV Ltd.
Price stated in Order Confirmation.
Product as described in Order Confirmation.
2. Application
This Agreement applies to this sale, Service and all statements made by Kronos AV Ltd in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Kronos AV Ltd in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
3. Quotations/Orders/Contract
Quotations are only valid in writing and during the period that they state. If unstated, the period is 10 days. Orders may be received by writing, internet, telephone or fax but are only binding when accepted by Kronos AV Ltd in a written Order Confirmation or when taken face to face in our shop. Please check the Order Confirmation and notify Kronos AV Ltd 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 Kronos AV Ltd 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 Kronos AV Ltd. We reserve the right to refund items purchased online if they are accidentally priced incorrectly, Orders are only accepted on despatch of the goods, and not on the issuing of the automated email.
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. Kronos AV Ltd may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Kronos AV Ltd agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Kronos AV Ltd may sue for the Price before title passes. If you refuse delivery without Kronos AV Ltd 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. Kronos AV Ltd 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 Kronos AV Ltd agrees to the return of Product out with this period at its choosing, it must be in its original condition with packaging in its original condition (as new), 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.
With no exceptions, all items must be returned within 14 days of notifying Kronos AV of your Return or Exchange. If the goods are faulty, not as described or of an unsatisfactory condition, this must be reported and the items returned within 30 days of taking delivery and ownership of the items.
7. Warranty
Unless otherwise stated, Kronos AV Ltd 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, CD Lasers/Mech's which carry a 6 month warranty, and other products, which include but are not limited to cartridges, stylus, headphones/earphones) for 5 years from delivery (first owner only terms and conditions apply* - please ask for full details) 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, Kronos AV Ltd will repair or replace Product within a reasonable time. All reasonable care and endeavor shall be used to resolve problems within a realistic period in the circumstances. Kronos AV Ltd does not give a warranty guarantee protection for: Damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself; Damage caused by any party or other external force; for example components damaged by a mains spike or surge.
Collection and Delivery charges are the responsibility of the customer.
Fitness for any particular purpose;
Electrostatic panels supplied from 01.01.11 are not covered outwith manufacturers own warranty specification under the terms of this warranty.
You must provide Kronos AV Ltd with all reasonable courtesy, information, cooperation, facilities and access to enable Kronos AV Ltd to perform duties, failing which Kronos AV Ltd shall not be obliged to perform any Service or assistance.
Please note that your calls to Kronos AV Ltd may be monitored for training purposes.
*In the event that spares are no longer available for whatever reason Kronos AV Ltd will not be liable for the repair of that product under the terms of the warranty. Computer / IT equipment is only covered by the standard manufacturers warranty, normally 12 months from purchase.
8. Services
Will be provided by Kronos AV Ltd 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 Kronos AV Ltd to examine Product at your or our premises (at our choosing). Kronos AV Ltd 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 Kronos AV Ltd 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
Kronos AV Ltd accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of Kronos AV Ltd, Service Provider or our employees, agents, subcontractors. Except for death/personal injury, this liability is limited to the lesser of £250,000 or Price. We do 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
Kronos AV Ltd is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be enleadind 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
Kronos AV Ltd 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; or 2) becomes insolvent or is unable to pay debts as they fall due.
13. Your obligations as a Customer
You are responsible for:
Your own choice of Product and its suitability for purpose;
Your telephone & postal charges in contacting us, if any;
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.
Please note that your calls to us may be monitored for training purposes.
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 14 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 within a further 14 days in the same condition you received them, including all packaging & accessories which would also be returned in their original condition and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement. There are several exceptions to this, primarily intimate items, such as Headphone, earphones or cleaning products of any kind. This is due to health and safety reasons, and for the safety of our staff and future customers. This does not apply to any business customer or user. Goods that are Sale items are also excluded from this. Goods which are on sale will not be liable for a refund. Any goods sold which have also required any extra undertaking such as repacking, cleaning, demonstration etc.. will also not be liable for a refund. Any goods sold and returned may be liable for a 20% restocking charge, which can be charged at Kronos Audio Visual's own discretion. Goods that were a special order (i.e. not stock) or that have been personalised in any way do not qualify. Any additional services which have been offered such as demonstration (Home or In-Store) /cleaning/ repacking etc... within 30 days of purchase, whether purchased online / in store or over the phone, are also liable to be excluded from a refund. 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. Goods which have been returned in a damaged, used or have been returned in a manner which does not reflect the agreed upon condition will be excluded and a return declined. Goods will be expected to be collected from any Kronos AV Premises within 28 days of notification to the consumer and that as payment has been made for the items, they are available to collect in the same condition they were returned within a period of 28 days, failing which the company will assume the consumer does not require same any longer and destroy accordingly. Furthermore, any ex demonstration / Ex Display goods cannot be returned if they have been used as they will now qualify as a Second Hand / Used item, and therefore are not returned in their original condition. 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
UK law and the exclusive court jurisdiction of the UK courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded. Any disputes will be litigated in Northern Ireland.
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 14-day distance selling regulations as detailed in section 15 above apply. There are several exceptions to this, primarily intimate items, such as Headphone, earphones or cleaning products of any kind. This is due to health and safety reasons, and for the safety of our staff and future customers. 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 statuatory 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. JE Audio, Focal, Triangle, Raysonic, Atlas, Tellurium Q, dCS, VTL, Storm, Densen, Musical FIdelity, QAT, YBA Loyalty Programme
Conditions regarding 7-day distance selling regulations as detailed in section 15 above still apply.
In order to Qualify for 60% of your original purchase price as a part exchange, the Conditions of programme are as follows:
1. Exchange goods must be no more than 4 years old. We will accept goods older than this, however a different value will be applied.
2. Exchange goods must be in unmarked condition, complete with original box and packaging, remote, manual and also the original receipt.
3. Only one item may be exchanged against one item.
4. You can exchange your item for an item of the same new value or greater value only. The price determining your part exchange value will be the list price at time of purchase or current list price, whichever is lower.
5. We will accept products from other manufactures items as part exchange, however a different pricing structure may apply.
6. Goods supplied under this programe do not qualify for the 14-day exchange.
7. Goods must come with your original UK receipt.
8. Goods purchased outside of the UK do not qualify for this programme.
9. Programme applys to the sale of new products only - ex-dem/display or pre-owned sales do not qualify.
Any disputes will be litigated in Northern Ireland.
20. 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.
21. 30-day home trial
Purchasers participating in the 30-day home trial programme (available only on certain products or by prio 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, then you can return the product to us in 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 firstly notify us in writing of your intention to return the goods. You will at that point be provided with an RMA 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 30th Calender 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 30-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 superceed the existing agreement and will commence from the date which it is agreed. e.g where you are say 27 days into an evaluation period and we grant another 7-days, this would start from the date the extension is agreed and is not in addition to the 30-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.
22. Custom made/built products
Where an item is custom built or manufactured in a non standard specification, no refund will apply under distance selling regulations or under any normal money back offer for standard components. This does not affect your statutory rights.
Any disputes will be litigated in Northern Ireland.
23. Privacy Policy
The Information we gather may include your name, delivery address, email address, telephone number, payment details and any personal preferences. We will NOT sell, distribute or disclose information about you as an individual or your personal usage of the site ('Information') to any third party other than those listed below, without your consent or unless required or permitted to do so by law.
As well as the information provided to us, information and data may be automatically collected through the use of "cookies" through your internet browser.
We do not store credit card details nor do we share customer details with any 3rd parties
24. Delivery’s
FREE UK DELIVERY: On all products. Free delivery also applies to Ireland, the highlands and a service not many of our competitors offer!
UK COURIERS: Smaller items are delivered using Royal Mail recorded delivery or special delivery. Larger items are delivered using a door-to-door courier service such as DPD, UPS, or DHL. We confirm shipping by e-mail and then tracking details by separate e-mail (between 15:00 and 16:00 GMT if requested).
DELIVERY TIMES: Items shipped on a 24/48hr, insured and trackable service. Deliveries to the highlands, Isle of Man or Ireland may take upto 3 working days to arrive.
25. Returns
Only items which are faulty / damaged or unfit for purpose can be returned if purchased from outside the UK. Any international order is non returnable, unless for faulty purposes.
Distance Selling Regulations 2000 (7 day returns). You have the right to cancel your order (for any reason), up to seven working days after the day of receipt, under the following conditions, if within the UK:
1. Cancellation must be in writing (a telephone call is not enough to constitute cancellation).
2. The goods must not be damaged or soiled in any way (otherwise we can not refund in full).
3. Cost of return is at your expense.
4. Goods arrive back undamaged (please insure the shipment if possible).
5. Goods are returned with their original packaging and complete.
6. Special / customised orders are non returnable.
7. Any free add-ons from promotions, must also be returned together with the goods.
8. Any ex Demonstration / Ex Display items may only be returned for a credit note, and no refund will be given, if the item was used, as this will qualify as a second hand / Used item, and therefore is not returned in its original condition, so is not liable for a refund/return.
9. Any item that has received additional services such as demonstation / repacking / cleaning will also not qualify for return.
10. Any additional services which have been supplied such as demonstation (Home or instore) /cleaning/ repacking etc... within 30 days of purchase, whether purchased online / instore or over the phone, are also liable to be excluded from a refund.
11. There are several exceptions to this, primarily intimate items, such as Headphone, earphones or cleaning products of any kind. This is due to health and safety reasons, and for the safety of our staff and future customers.
Any disputes will be litigated in Northern Ireland.
Goods that do not meet the above criteria will be subjected to additional surcharges. All transactions processed comply with the Distance Selling Regulations 2000. For more details visit www.dti.gov.uk.
If you exercise your right to cancel, ownership reverts back to the supplier. The following goods are non returnable once opened: sealed media (unless faulty), cleaning fluids, general consumables (spray cans, cleaners), phono cartridges and earphones, unless damaged on delivery (please refer to Damaged / Incomplete Deliveries) Unwanted goods from international customers must be sent back at the customers expense without exception.
In cases of returned orders which included free items, the free items must also be returned otherwise a 20% restocking fee may apply. In cases of returned items that formed part of a package deal, the equivalent price refunded on the returned item is at our discretion but is generally 50% of the package price.
Any disputes will be litigated in Northern Ireland.