Terms and Conditions

The following terms and conditions apply to all transactions with K & M Acoustics Ltd. The placing of an order indicates your acceptance of these terms and conditions. These terms and conditions do not affect your statutory rights and are in accordance with English Law. We will treat each transaction as an offer by you to purchase the goods subject to these terms and conditions. We have the right to refuse at our discretion to supply any goods ordered by you.

Description of Goods/Warranty and Liability

Although we warrant that the Goods will at the time of delivery correspond to the description given by us all products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods. Full details are available from the original manufacturer's brochures & websites. Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the Suitability of the Goods for the Customer's purpose. Goods are not sold on a trial basis. If you buy goods which have no published technical specifications, it is your responsibility to establish the suitability of the goods for your intended purpose. All goods have there own warranties please check with us about these.

Packaging

All original packaging must be retained. If an item is returned to us with insufficient packaging, and the item is found to be damaged as a direct result of this, the warranty may be invalidated.

Typographical Errors

In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.

Payment Method

This is a UK site only. Orders will only be accepted from UK residents for UK delivery, paid for with UK credit cards only. Any other payments must be made at our store in person. On the order you must provide us with your exact address and telephone number that your credit card issuer has on file for you. Your order will only be processed once authorization of your credit card has been properly received.

Availability of Goods

All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be cancelled.

We offer an extended range of products which are obtained directly from our suppliers. These products are subject to suppliers' stock availability and delivery dates made by the suppliers' own delivery services. It is our policy to contact you to explain the stock and delivery situation with these products. Again if you do not wish to proceed with the order, we will arrange for it to be cancelled.

Delivery

If the delivery address given is in a remote area of the Mainland UK, such as the Highlands of Scotland, this may be classed as a "B" Service. This is a 5-7 working-day service. Please check with a member of the sales team for more information.

Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Unless otherwise agreed we may deliver by installments and any delay, default or non-delivery in respect of any installment shall not entitle the Customer to cancel the remainder of the Contract. Failure by the Customer to pay for any installment or delivery when due shall entitle us to withhold further deliveries and the Customer shall be liable for any costs incurred by the Supplier relating to such Goods which the Supplier is then entitled to withhold. Delivery of the Goods shall be made to the Customer's address and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

Time Limitations for Notification of claims for goods damaged in Transit.

Should there be any damage to the delivered goods, details must be noted on the delivery documentation and it will be your responsibility to inform us immediately, but not later than within 2 days of delivery. It is imperative that you do not dispose of any of the packaging, as this will be required to affect your claim against the carrier. We will make a claim against the carrier and arrange for the damaged goods to be collected and replacements to be sent to you. Shortages It is your responsibility to sign for the correct number of packages as shown on the delivery or carriers consignment note. If you suspect that there are items missing from the delivery, first check that the order has not been part shipped. Any shortages must be noted on the delivery notes and it is your responsibility to notify us within 2 days of delivery.

Incorrect Goods

It is your responsibility to notify us of any incorrect goods supplied within 2 days of delivery. If the items are not what you ordered, you must not open the manufacturers packaging or use the item.

Goods Lost in Transit

We will not accept liability for goods lost in transit unless we are notified within 7 days from the expected delivery date. We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery outside the reported timescale's. Except when extenuating circumstances have prevented notification within the reported timescale.

Product Guarantees

All products supplied are covered by the terms and conditions of the Original Manufacturers Guarantee for a period of 12 months or longer if relevant.

Cancellation of Orders

Orders cancelled after despatch of the goods will be subject to a minimum handling fee of 15% of the invoice price to cover re-stocking and administration costs.

Satisfaction

If you are not totally satisfied with your purchase, please ring us and we will do our best to help you resolve the issue. We do not accept refunds on unwanted goods.

Faulty Goods

If you think that the product you have purchased is faulty or doesn't fit in your car, please phone us and we will advise you on the best course of action to take. We extensive knowledge of our products and can resolve any issue easily. If the product is faulty, in most cases we will be able to authorise a replacement/repair of the product direct to you. A restocking fee of up to 15% is charged on returns, which prove to be non-defective. If the product is faulty due to mis-use or damage because of incorrect fitting, they will be returned to you and no replacement/repair will be issued, this will be at our discretion.

Dead on Arrival (DOA)

If the product fails within the manufacturer's DOA period, a replacement product will be offered to you.

Refunds

We do not accept refunds on unwanted goods.

Liability

Except as may be implied by law and except in the case of death or personal injury where the Customer is dealing as a consumer, in the event of any breach of these Terms and Conditions by us the remedies to you shall be limited to damages which shall in no circumstances exceed the price of the Goods and we shall under no circumstances be liable for any indirect, incidental or consequential damages.

Force Majeure

We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control.

No Waiver

Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.

Severability

In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

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