01These terms and conditions apply to the purchase of any goods / products /services from Fluid Acoustics and their associate websites. By either calling or accessing our website and placing an order you agree to be bound by all of the terms, conditions and policies set out below or within the website. Nothing in these conditions affects your statutory rights as a consumer.
Please read these terms and conditions carefully before placing your order with Fluid Acoustics.
Fluid Acoustics, at its discretion, may change, modify, add or remove these terms and conditions at any time and therefore it is important to read these terms and conditions each time you place an order.
- Application of Conditions
- Basis of Sale
- Price and Payment
- Description of Products
- Warranties and Liabilities
- Acceptance of the Product(s) and Services
- Risk and Title Insolvency of Buyer
- The Buyer’s Right of Cancellation
- Proper Law of Contract
- Limitation of Liability
- Force Majeure
- Data Protection
- Complaints and Disputes
- ‘Buyer’ means the person who buys or agrees to buy the Products.
- ‘Conditions’ means the Terms and Conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
- ‘Seller’ means Fluid Acoustics and their associate websites.
- ‘Delivery Date’ means the date specified by the Seller when the Products are expected to be delivered.
- ‘Products’ means those goods or services specified.
- ‘Price’ means the price for the Products including delivery, packing and VAT.
- ‘Regulations’ means to The Consumer Protection Regulations 2000 and subsequent amendments (Distance Selling Rights).
- ‘Tailored’ means a Product that is non-standard.
- ‘Address’ means the physical address for Fluid Acoustics.
- ‘Consumer’ shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
- ‘Contract’ refers to any contract between the Buyer and Fluid Acoustics (the seller) for the sale and purchase of Products or Services incorporating these conditions, whether completed electronically through this website or via other means.
- ‘Delivery Place’ refers to the delivery address as specified by you, the Buyer, on any Order.
- ‘Order’ refers to your offer, as the Buyer, to purchase Products from Fluid Acoustics, whether electronically or via other means.
2. Application of Conditions
Unless otherwise agreed in writing, these Conditions shall apply to the exclusion of any other terms and conditions.Each order that the Buyer places shall be deemed to be an offer by the Buyer to purchase Products from Fluid Acoustics, the Seller, subject to these conditions.
Each order that the Buyer places shall be deemed to be accepted by the Seller and will become binding once the Seller issues a confirmation to the Buyer or, if earlier, the Seller delivers the Products to the Buyer in accordance with the delivery terms and conditions.
If for any reason the Seller does not accept the Buyer’s Order, the Seller will advise the Buyer as soon as practicable. This will mean that there will be no binding Contract between the two parties.The Buyer must ensure that the details that he / she provides the Seller are complete and accurate and that he / she provides all the necessary information relating to the Supply of the Products within sufficient time to enable the Seller to perform the Contract in accordance with these conditions.
Any typographical or clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.If any provision of these conditions is adjudged invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
If the Seller is not able to supply the Product and payment has already been made by the Buyer, then following agreement between the Seller and the Buyer, the Buyer’s account will be refunded or re-credited with the sum paid by the Buyer minus a 2% handling fee to cover debit / credit card and PayPal admin costs. The refund will be carried out as soon as possible, in any event, within 30 days of the order. The Seller will not be obliged to offer any compensation for any disappointment suffered.
3. Basis of Sale
Subject to the Buyer’s right to cancel the Contract, included within clause 13, the Seller shall sell and the Buyer shall buy the Products in accordance with the Confirmation. No Contract exists between the Buyer and Seller for the sale of any Products until the Seller has received, processed and confirmed the order and the Seller has received payment in full, (in cleared funds). Once the Seller does so, there is a legal binding Contract between the Buyer and Seller. The description of Goods shall be set out in writing in the Confirmation.
Any items that are not the specified Product in the product description on the web page that appears in any photograph or illustration on the website or in product brochures will not form part of this Contract. Example of such items are general house hold items on display in the background of the image, (unless mentioned in the product description). Such information is for illustration purposes only and may not comprise part of the Products.
Any specifications or advertising issued by the Seller and any descriptions or illustrations contained within our website or brochures will not form part of this Contract. Such information is by way of guidance or illustration only, and may not bear any relationship with Products.
The Buyer shall not be entitled to assign the Contract or any part of it without prior written consent.The Seller may assign the Contract or any part of it to any person, firm or company.Fluid Acoustics does not guarantee the continued availability of any range (or any part thereof) of available products. A full refund will be given on any part of an order that cannot be fulfilled in accordance with the refund policy minus a 2% handling fee to cover debit / credit card and PayPal admin costs.
4. Price and Payment
The Contract price for the supply of Products shall be as set out in the Confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the Contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid.
Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct that error within 60 days of being notified of any error.Payment of the Price shall be due on the date of the purchase order. Payment shall be due before the delivery date and time for payment shall be of the essence.In the instance that payment has not been received and an order has been confirmed, interest on overdue invoices shall accrued from the date when payment becomes due on a daily basis until the date of payment at the rate of 2% above HSBC’s base rate in force at that time.
No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received.Payment for the Products and any delivery charges can be made by any method shown on the Seller’s website at the time the Buyer places an order.Payments shall be made by the Buyer without any deduction whether by way of set-off, counter-claim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.Special Offers: To avoid abuse of special offer mechanisms, if multiple special offers apply to the contents of your cart only one special offer will be applied to the total. The offer that is applied to your total will be the offer that grants the biggest discount to the contents of the shopping cart.
5. Description of Products
The quantity and description of the Products shall be set out in the Seller’s confirmation.
The Seller may make changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
Photographs provided on the website are for illustrative purposes only and may not exactly match the Product itself. Any major differences have been noted within the
6. Warranties and liabilities
The Seller warrants that the Products will correspond with their specification at the time of delivery and will be free from defect in quality, material workmanship and condition for a period of 12 months from delivery, unless otherwise specified and subject to conditions set out below.
- The Buyer provides written (or email) notice of the defect within 7 days of the time the Buyer discovers or ought to have discovered the defect; and
- The Seller is given reasonable opportunity after receiving the Buyer’s notice of defect to examine the Products in question and the Buyer (if asked by the Seller to do so) shall return the Products to the Address at the Seller’s cost for the examination to take place there.
The Seller shall not be liable for a breach of the warranty if:
- The Buyer makes further use of such Products after giving notice of the defect to the Seller.
- The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or failure to follow our oral or written instructions as to the storage of use of the Products.
- The Buyer alters or repairs such Products without our written consent.
- The Buyer has not paid the Contract price for the Products by the Payment date.
If any Products do not conform with any of the warranty, then within 30 days of us examining the defective Products, the Seller (at the Seller’s option) will either:
- Repair or replace such Products (or the defective part) free of charge; or
- Refund the price of such Products (or a proportionate part of the price) provided that the Buyer offers up the Products for collection (or, if the Seller so requests and at the Seller’s expense the Buyer return the Products or the part of such Products which is defective to the Seller at the Seller’s Address).
If the Seller complies with the above the Seller shall have no further liability for breach of any warranty in respect of such Products.
Every order you place with us will be delivered direct to your front door, normally free of extra charges. We work in partnership with a national delivery company to ensure that your goods are delivered in pristine condition. Deliveries are arranged with you after the order has been placed via various communication methods including telephone and email and are made on weekdays from 9.00 am to 5.00 pm. We will do our best to deliver your items to you within 4 to 6 weeks unless it is stated differently in the product description or graphical notices for the item you are purchasing. Please read the product description and notices carefully for the correct delivery time for each item. If no specific time has been specified, we will deliver the item to you within 4 to 6 weeks (excluding bank holidays) from the date you receive confirmation that the order has been processed and payment has been taken.
We deliver all items at the same time, if you order more than one item, we will only delivery your items when all items have reached our dispatch warehouse. For Example: – If you order a item that states 4 to 6 weeks for delivery with an item that state a delivery time of 8 weeks, your whole order will be sent out within 8
weeks (excluding bank holidays).
We are also able to dispatch part of your order ahead of items that take longer to deliver, however it is up to you to contact us to arrange this.We are unable to deliver to the following areas: –
Channel Islands, Northern Ireland, Eire, Isle of Man, Isles of Scilly, Isle of Wight, BFPO (British Forces Post Office) addresses, Orkney, Shetland and the Scottish Isles.
We are also unable to deliver to the following postcodes starting with AB | BT | DD | GY | HS | IM | IV | JE | KW | PA | PH | PO30-42 | TR21 and ZE.
Please take heed of this as Fluid Acoustics will not be responsible for any delays or costs if the delivery address or postcode is ‘adapted’ to get the order through the system.
If you still require delivery to one of these areas, please call us and we may be able to help, however you may incur a small additional surcharge dependant on the actual
Please contact a Customer Service via email if you wish to organise any special requirments regarding your delivery, or to confirm any delivery. If you are not in on the arranged day of the delivery, the courier will leave a card with a contact number for you to call to arrange a new delivery date. Where a delivery date has been agreed but you are not present to receive the delivery, we reserve the right to charge a minimum of £25 to cover part of the cost of the failed delivery and re-delivery. Please make sure you are able to take delivery on the day you have arranged to avoid any unnecessary delays or charges. If you need to cancel/re-arrange a delivery date, please do this by contacting us at least 48 business hours in advance of the scheduled delivery date to avoid any charges. We are unable to re-arrange deliveries within 48 hours of the scheduled delivery time.
Generally, where an order contains more than one item, all items will be delivered at the same time once all items are available.Goods will be deemed to have been delivered once delivered to the specified address and Fluid Acoustics will not be liable to the customer for non-delivery of the Products. Fluid Acoustics does not need to satisfy itself that the person accepting delivery at the specified address is the customer (or authorized by the customer to accept delivery of the Goods). The Buyer is recommended to take receipt of the delivery personally.
Dates and times quoted for delivery are approximate only. Fluid Acoustics shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.If the Products ordered by the customer are not available or discontinued and Fluid Acoustics is unable to deliver them to the Buyer within 60 days (or any other time limit agreed by the both Fluid Acoustics and the customer), Fluid Acoustics shall inform the customer of this; cancel the Contract; and reimburse any sums paid by the customer (or which has been paid on the customer’s behalf) under the Contract to the person by whom payment was made no later than 30 days after the due date for delivery of the Goods under the Contract minus a 2% handling fee to cover debit / credit card and PayPal admin costs.
All goods must be signed for by the person who paid for the items, or their appointed representative. We are unable to deliver to unattended premises or outside of customer addresses.We do not accept any blame or liability for customers removing or disposing of old goods prior to delivery. We do advise that customers only dispose of old goods after acceptance of the new goods been delivered.Deliveries made to business addresses will have the customers authority for anybody in the building to accept goods on the customers behalf. Fluid Acoustics will accept no responsibility once the goods have been signed for at the requested address.
IT IS VERY IMPORTANT THAT YOU, OR ANYONE ELSE YOU HAVE ARRANGED TO TAKE DELIVERY OF YOUR ORDER HAS READ THIS PAGE AND IS CLEAR ON THE PROCEDURE FOR ACCEPTING DELIVERIES WITH RESPECT TO SIGNING FOR THE GOODS.
Deliveries made by national carriers will be delivered by one man and delivered to your front door. The services used will only deliver the ordered items to the front door of the designated delivery address. This means that if you reside in an apartment or a block of flats, the delivery driver will deliver to the lobby of the building only. Please understand that the logistics companies that offer a ‘next day’ service are not insured to enter private premises.
Before you sign for the item(s)
- For insurance purposes, it is very important that before you sign for your items, you check all external packaging for signs of damage. Signing for the items without any extra notes will mean you have accepted the goods “in good order”. Transport damages cannot be claimed at a later date if the delivery was signed for “in good order”.
- If there are signs of damage to the packaging, you MUST sign for the items as damaged. You MUST accept all items and call us straight away, we will then arrange for ANY DAMAGED items to be replaced.
- You are required to email photo’s of the damage before we can send out replacements. All photos must be capable of clearly showing the damage.
- You must count the number of items that you are signing for. If any items are missing, sign for them as MISSING, accept all offered items and please email immediately we will then sort out replacing any missing items.
- Please do not sign for your items as ‘UNCHECKED’ as this no longer covers you as the customer for the insurance of the items.
We will not send you status update emails once your order has been processed, instead you will receive a ‘Dispatched’ email to confirm that the goods have left our warehouse. If you would like your order to be delivered before a specific time, please contact us 48 hours before delivery is set to take place. More information about delivery before a specific time can be found on our Delivery page.
8. Acceptance of the Product(s) and Services
Other than where the customer acts as a Consumer, the customer shall be deemed to have accepted the Products 5 working days after delivery to the customer.
After acceptance the customer shall not be entitled to reject Products which are not in accordance with the Contract.On the rare occasion where an item is damaged in transit Fluid Acoustics will, of course, offer to replace the damaged item, or part thereof upon receipt of the photographs of the damage. Please ensure that you inspect the packaging carefully for damage before signing. If there are signs of external damage, please sign the delivery document as ‘DAMAGED’ and accept all items. Please inform Fluid Acoustics of the damage straight away and we will send out replacement parts as soon as is practicable. Signing for the items without any extra notes will mean you have accepted the goods ‘in good order’. Transport damages cannot be claimed at a later date if the delivery was signed for “in good order”.
WE ARE UNABLE TO REPLACE DAMAGED GOODS THAT HAVE BEEN SIGNED FOR ‘IN GOOD ORDER’. The customer shall be bound to accept the products when they are tendered for delivery by Fluid Acoustics or its business associates and delivery shall be deemed to take place when the products are tendered for delivery to the customer at the nominated address for delivery whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the customer.
Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier’s delivery consignment note and accept the goods. It will be your responsibility to inform us within 48 hours from delivery.You must email (or post) us a picture of the damaged items, this is very important as we need proof of damage to enable us to make a claim on the delivery companies insurance.
Non-Deliveries: It is the customers responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify Fluid Acoustics within 48 hours of delivery.
In-Correct Goods: The customer must notify Fluid Acoustics of any goods supplied incorrectly within 72 hours of delivery. The goods must not be used and repackaged in the original packaging to protect them from damage. Fluid Acoustics will arrange for collection of the goods and a replacement will be sent. Alternatively we may request that
you return small items back to us by post and we will refund your postage costs. Replacement goods will be dispatched upon return of the original goods.
9. Risk and title
As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods or any package number shortages must be noted on the delivery consignment note at the time of delivery.
Risk of damage to or loss of the Products shall pass to the customer upon delivery. If the customer wrongfully fails to take delivery of the Products, then risk of the Products shall pass to the customer at the time when Fluid Acoustics tendered delivery of the Products.
Notwithstanding any other provision herein title to the Products shall not pass to the customer until the Fluid Acoustics has received in cash or cleared funds payment in full for the Products and all other sums which are or which become due to Fluid Acoustics from the customer on any account.
Fluid Acoustics shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from Fluid Acoustics.
The customer may not use or resell the Products before ownership has passed.
The customer grants Fluid Acoustics the licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or where right to possession has terminated, to recover them, and to use reasonable force in doing so.
If the customer receives goods but then requires an immediate exchange of the product for whatever reason, the customer is responsible for the goods until such time the goods are replaced. Unless specifically specified by Fluid Acoustics, the customer shall not use the product.
10. Insolvency of BuyerThis clause applies if:
- The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or…
- An encumbrancer takes possession, or a receiver is appointed, of any of the property of assets of the Buyer, or…
- The Buyer, not being a Consumer, ceases or threatens to cease, to carry on business, or…
- The Seller reasonably apprehends that any of the events mentioned above is a about to occur in relation to the Buyer and/or notified the Buyer accordingly.
If the clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer. If the Products have been delivered but not paid for the Price shall become immediately due and payable, despite any previous arrangement or agreement to the contrary.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of their reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction or unavailability of power at the Seller’s premises.
Provided that if any event referred to in clause 11 continues for a period in excess of 30 days, the Buyer will be entitled to give notice in writing to terminate the Contract.
Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its Address or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
Representations: no statement, description, warranty condition or recommendation contained in any price list, advertisement or communication or made verbally by any of
the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
Additional costs: The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
13. The Buyer’s Right of Cancellation
In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a Product is tailored to customer requirements and without fault.
To exercise the Buyer’s right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered