Terms & Conditions
Please read these Terms & Conditions carefully before placing an order with Audio Sanctuary. We advise all customers to print and retain a copy for their records.
1. Definitions
1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
1.2 “Supplier” (“We”, “Our”, “Us”) means Glaive Limited T/A Audio Sanctuary, a company registered in England & Wales, company number 2001958, with a registered office at 35 High Street, New Malden, Surrey, KT3 4BY, United Kingdom. Our VAT Number is 448791208.
1.3 “Goods'” means goods, products and services supplied by Glaive Limited T/A Audio Sanctuary.
1.4 “Customer” (“You”, “Your”) means the individual or company who purchases, requests or agrees to purchase goods, products or services from Glaive Limited T/A Audio Sanctuary.
1.5 “ Website” (“our Website”, “the Website”) means the website, data, and all related functionality which is owned and operated by the Supplier, the URL of which is: https://www.audiosanctuary.co.uk
2. General
2.1 These Terms & Conditions apply to all Goods supplied by the Supplier.
2.2 No contract exists between the Customer and the Supplier for the sale of any Goods until the Supplier has received and accepted Your order, the Supplier has received full payment in cleared funds, and the Supplier has shipped the Goods.
2.3 Your order is an offer to purchase goods or services from the Supplier. An acknowledgement of Your order will be emailed to You upon receipt by Us. Acceptance of Your offer to buy Goods will not take place until after Your payment has been taken, and the Goods are shipped by the Supplier. Once shipped, a legal contract (“the Contract”) is created, and is subject to these Terms & Conditions.
2.4 The Supplier reserves the right to amend these Terms & Conditions without notice, with relation to future sales.
2.5 The Contract is subject to Your Right Of Cancellation. See Clause 9.
2.6 The Supplier reserves the right to cancel or decline any order for any reason. See Clause 14.
3. Description Of Goods
3.1 The description and price of the Goods will be as shown on the Website at the time You place Your order. Errors & omissions excluded.
3.2 Goods are subject to availability. On receipt of Your order, if the Goods are not available in Our stock, We will attempt to source them on Your behalf.
3.3 All images, descriptions, specifications and advertising on the Website are for the sole purpose of providing approximate descriptions of the Goods. This content may be compiled from information provided to Us by Our suppliers, and so We are not responsible for errors or omissions contained therein.
4. Price Of Goods
4.1 Every effort is made to ensure that prices shown on the Website are accurate. In the case of error, We will inform You as soon as possible and offer You the option of reconfirming Your order at the correct price, or of canceling Your order.
4.2 If We do not receive confirmation of your decision within seven (7) days, Your order will be cancelled and You will be notified by email. If You cancel Your order prior to dispatch, We will refund or credit You the sum that has been paid via the same method used when placing Your order.
4.3 When placing any order with Us, in addition to the price of the Goods, You may be required to pay Charges (“the Charges”, “Charges”) including;
4.3.1 Fees for postage, shipping and/or delivery, as per the prevailing rates as levied by Our carriers.
4.3.2 Taxes, including, but not limited to VAT, as per the prevailing rates as levied by the appropriate authorities and jurisdictions.
4.3.3 Duties, including, but not limited to Import Duty and Customs Duty, as per the prevailing rates as levied by the appropriate authorities and jurisdictions.
4.4 Goods marked as “Free” or “Included” within promotional offers or products will be treated as a component of the primary goods sold.
5. Payment
5.1 Payment for Your order (to include the total price of all Goods plus all Charges) must be made via Our Website using any of the payment methods displayed at the time of placing Your order.
5.2 Full payment is required from You before delivery.
5.3 Delivery will not be arranged by Us until We are in receipt of cleared funds.
6. Fulfilment & Delivery
6.1 Orders placed by You and received by Us before 12:00 GMT on Our published business days will usually be processed and fulfilled that same day, provided the Goods are in stock, and no additional action is required by Us to fulfil Your order.
6.2 Orders placed by You and received by Us on non-business days, including Sundays and Public Holidays, will be processed on the next available business day, in the same sequence We receive them.
6.3 We will use the shipping method or carrier specified by You at the time of Your order to deliver the Goods. We reserve the right to upgrade or change carriers at Our discretion, at no further cost to You, if We encounter appropriate circumstances.
6.4 In the event that the actual weight of the Goods significantly exceeds the shipping fee charged, We may contact You to request payment of additional shipping fees. If You refuse to pay these additional charges, We reserve the right to cancel Your order.
6.5 Once fulfilled, the Goods will be passed to the appropriate carrier on their next available pickup date, for subsequent shipping and delivery to You.
6.6 Goods will only be shipped by the carrier to the delivery / shipping address specified by You when You placed Your order.
6.7 If delivery cannot be made to the specified delivery / shipping address for reasons outside the control of the carrier, We will inform You as soon as possible and offer alternative delivery options.
6.8 If You deliberately fail to receive or take delivery of the Goods when delivery is attempted, then We may:
6.8.1 Attempt to store the Goods until successful delivery, and charge You reasonable costs for transport and storage; or
6.8.2 Attempt to sell the Goods for the best readily obtainable price, then either; (1) credit to You any excess beyond the price You agreed to pay for the Goods, less all reasonable storage and selling expenses, or; (2) charge You for any shortfall below the price You agreed to pay for the Goods.
6.9 If You fail to take delivery because You have cancelled Your contract, We shall refund or credit within thirty (30) days any sum received by Us for the Goods, less any reasonable expenses incurred for failed delivery and return.
6.10 The Supplier will not be liable for any loss or damage suffered by You through reasonable or unavoidable delays or changes to any quoted delivery date.
6.11 The Goods may be delivered by the carrier in advance of the quoted delivery date.
6.12 Upon delivery of the Goods, You may be asked to provide a signature confirming receipt in good condition. If You are unable to check the Goods at time of delivery, please sign for the consignment as "UNCHECKED". Failure to do so may affect any warranty claims that You make thereafter.
6.13 Upon receipt of the Goods, You have three (3) business days to notify Us of any missing items or discrepancies in Your order. This does not affect Your Statutory Rights.
7. Risk & Title
7.1 Risk of the Goods passes to You at the time of delivery.
7.2 Ownership of the Goods shall not pass from the Supplier to You until the Supplier has received in full, in cleared funds, all sums due in respect of:
7.2.1 the Goods, plus;
7.2.2 the Charges, plus;
7.2.3 any and all other sums which are, or which will become due to the Supplier from You, on any account in Your name, or which is under Your control.
7.3 The Supplier shall be entitled to recover payment for the Goods, notwithstanding that ownership of any of the Goods has not passed from the Supplier.
8. Business Customers Title
8.1 If You are a business customer, until title / ownership of the Goods has passed to You, You must:
8.1.1 Store the Goods (at no cost to Us), separately from all other goods in such a way that they remain readily identifiable as Our property;
8.1.2 Not destroy, damage, deface or obscure any identifying mark or packaging on or relating to the Goods; maintain the Goods in satisfactory condition, and; insure the Goods on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier.
8.1.3 Hold the proceeds of the insurance referred to in condition 8.1.2.
8.1.4 On trust for the Supplier and pay the proceeds of the insurance to the Supplier within five (5) working days of receipt of the proceeds.
8.2 Your right to possession of the Goods shall terminate immediately if:
8.2.1 You have a bankruptcy order made against You or make an arrangement or composition with Your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for Your winding up or for the granting of an administration order in respect of You, or any proceedings are commenced relating to Your insolvency or possible insolvency; or
8.2.2 You suffer or allow any execution, whether legal or equitable, to be levied on Your property or obtained against You, or You are unable to pay Your debts within the meaning of the Insolvency Act 1986, or You cease to trade; or;
8.2.3 You encumber or in any way charge any of the Goods.
9. Right To Cancel
9.1 You have the right to cancel the Contract at any time within fourteen (14) business days, starting from the date of Your receipt of the Goods.
9.2 To exercise Your right of cancellation, You must give written notice to the Supplier by letter or via email, giving details of the Goods ordered plus any order references that may be relevant. Verbal notification by any means is not sufficient.
9.3 If You exercise Your right of cancellation after the Goods have been delivered, You will be responsible for returning the Goods to the Supplier at Your cost.
9.3.1 Goods must be returned to Audio Sanctuary, 35 High Street, New Malden, Surrey, KT3 4BY, United Kingdom, and clearly marked as “RETURNED ITEMS”, along with any order references or returns numbers that may be appropriate.
9.3.2 Goods must be returned in person, or via a reputable carrier service. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
9.4 Once You have notified Us that You wish to cancel the Contract, the Supplier will refund or credit You within thirty (30) days of receipt of the returned Goods, for any sum that has been paid for the Goods, less any costs incurred by the Supplier.
9.5 If You do not return the Goods as required, the Supplier may charge You a sum not exceeding all costs incurred in the recovery of the Goods.
9.6 The Supplier reserves the right to charge a restocking fee for Goods returned.
9.7 The Supplier is unable to accept the return of custom, or made-to-order items (including, but not limited to; custom cables and terminations) as such items are tailored to individual requirements and thus cannot be returned to stock.
10. Returns
10.1 All returns are subject to Our published Returns Policy, located at: https://www.audiosanctuary.co.uk/returns-policy-en.html
10.2 All requests for returns must be made in writing, via email or post, or via the Returns Management area of Your account on Our Website, if available.
10.3 You have the right to cancel purchase of the Goods within fourteen (14) days. See “Right To Cancel”.
10.3.1 Your right to cancel starts the moment You place Your order, and ends fourteen (14) days from the day You receive the Goods. If Your order consists of multiple consignments, the 14-day period begins when You receive the last consignment.
10.3.2 Upon safe receipt of the returned Goods, the Supplier will refund You the full amount, including postage, within fourteen (14) days of their arrival at Our premises.
10.3.3 Goods must be returned exactly as supplied. The Supplier is entitled to make appropriate deductions if the value of the Goods has been reduced as a result of You handling them, for instance if a seal has been broken. Unsealed items can no longer be resold as new.
10.4 You have the right to return the Goods if they are incorrect, faulty, or not as described on the Website.
10.5 For hygiene reasons, the Supplier is unable to accept returns for Goods which are intended for contact with the body, including (but not limited to) headphones, earphones, ear pads, ear buds, ear tips, headbands etc, unless the Goods are faulty.
10.6 The Supplier is unable to accept the return of custom, or made-to-order items (including, but not limited to; custom cables and terminations) as such items are tailored to individual requirements and thus cannot be returned to stock.
10.7 You are responsible for all carriage costs incurred in returning the Goods.
10.8 Returned Goods remain Your responsibility during transit, until signed-for upon receipt by Us.
10.9 All returned Goods will be thoroughly tested. See “Warranty”.
10.10 Goods must be returned to Audio Sanctuary, 35 High Street, New Malden, Surrey, KT3 4BY, United Kingdom, and clearly marked as “RETURNED ITEMS”, along with any order references or returns numbers that may be relevant.
11. Warranty
11.1 Goods supplied by the Supplier are warranted free from defects for a period of twelve (12) calendar months from the date of supply, unless otherwise stated. This warranty does not affect Your statutory rights as a consumer.
11.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
11.3 If the Goods supplied to You are damaged on delivery, You should notify the Supplier in writing within three (3) working days.
11.4 If the Goods develop a defect while under this warranty, You should notify the Supplier in writing as soon as possible, but in any event within seven (7) days of the date You discovered or ought to have discovered the damage, defect or complaint.
11.5 If the Goods are found to be defective, a working replacement will be shipped to You. In cases where We may be unable to replace the Goods, a refund will be offered.
11.6 All Goods returned as defective or faulty will be thoroughly tested.
12. Liability
12.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Goods.
12.2 The Supplier shall not be liable to You for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
13. Data Protection
13.1 The Supplier will take all reasonable precautions to keep the details of Your order and payment secure. However unless the Supplier is proved to be negligent, the Supplier will not be held liable for unauthorised access to, and subsequent use of data supplied by You.
13.2 The Supplier is a Data Controller with regard to UK GDPR. In placing an order on the Website, You will have been asked for, and given Your consent to, the collection, storage and processing of Your data, for the purposes of this agreement.
13.3 It is not possible to place an order via the Website without agreeing to these Terms & Conditions, which includes granting consent to the use of Your data.
13.4 Any supplied payment information, including (but not limited to) credit / debit cards and other means of electronic payment may be shared with and checked by reputable third-party companies in order to prevent fraud and misconduct.
13.5 Your personal data will only be used in connection with the processing, fulfilment and delivery of Your order, and to facilitate future orders. This may include the creation of mailing lists and customer databases for Our future use.
13.6 Your data will be retained on Our systems indefinitely, in connection with statistical analysis of purchasing trends, and other activities which are intended to improve our service to You.
13.7 You have the right to review any data held by Us about You. In the event You wish to review or amend Your data, please contact us in writing, via post or email, and allow a period of up to fourteen (14) days for Us to complete your request.
13.8 You have the right of removal of your data, and the right to be forgotten by Us. In the event You wish to have Your data purged from Our systems, please contact us in writing, via post or email, and allow a period of up to fourteen (14) days for Us to complete your request.
14. Our Right of Cancellation
14.1 If for reasons beyond Our reasonable control we are unable to supply the Goods to You (such reasons including, but not limited to, an inability or failure on the part of manufacturers, suppliers, or carriers to supply the Goods to Us), We reserve the right to cancel this agreement at any time before the Goods are delivered by giving notice to You.
14.2 In the event of Us cancelling this agreement, We shall promptly repay to You any sums paid by You, or on Your behalf under or in relation to this agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
15. Governing Law
15.1 These Terms & Conditions will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
