Terms & Conditions
Please read the following terms and conditions carefully before using the Litheaudio.com website. By using the LitheAudio.com website, you are agreeing to be bound by the following terms and conditions.
1.2 These Terms will apply to any contract for the sale of Products or supply of Services by us to you (“Contract”). Please read these Terms carefully and make sure that you understand them before ordering Products or Services.
1.3 These Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
1.4 Please note that before placing an order you will be asked to agree to these Terms. If you do not accept these Terms in full, you will not be able to order Products or Services from us.
1.5 If you have purchased Products through one of our distributors or resellers then you must liaise with them in relation to any orders, refunds or other issues relating to the Products.
2. UNDERSTANDING THESE TERMS & CONDITIONS
2.1 When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the paragraph of these Terms where it was defined. You can find these meanings by looking at the sentence where the defined term is in bold text, and is included in brackets and speech marks.
2.2 When we refer to “we”, “us” or “our” we mean Lithe Audio Ltd. When we refer to “you” or “your” we mean you, the person (which includes an individual, corporate or unincorporated body (whether or not having separate legal personality) buying Products or Services.
2.3 We have used headings to help you under stand these Terms and to easily locate information. These Terms, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print, save or otherwise retain a copy of these Terms for your records (but please note that we may amend these Terms from time to time, as explained in clause 21.
3. ABOUT US
3.1 We are Lithe Audio Ltd, a company registered in England and Wales with company registration number 10075251. Our registered office and principal place of business is at Unit 4 - Io Centre Salbrook Road Industrial Estate, Salbrook Road, Salfords, Redhill, England, RH1 5GJ and our VAT number is GB 281506606.
3.2 If you would like to contact us, please use the details on the Contact page of our Website, or write to us at the address given in clause 3.1, and we will be happy to assist you.
3.3 If we have to contact you we will call you, or write to you at the email address or postal address you provided in the order.
3.4 The words “writing” or “written” in these Terms includes emails.
4. OUR PRODUCTS
4.1 We are committed to supplying high quality products. For more information on our Products and Services please visit our Website or refer to our brochure.
4.2 We have made every effort to display the Products as accurately as possible, however the images of the Products on our Website or in our other marketing materials are for illustrative purposes only. We cannot guarantee an exact match of the on-screen appearance to the actual Products, which may vary slightly from those on your device or in our brochure.
4.3 Each Product is sold subject to its description. We will take all reasonable care to ensure that all details and descriptions of Products are correct at the time when the relevant information was entered on to the Website or in our brochure. Although we aim to keep the Website and our brochure as up to date as possible, the information, including Product descriptions, appearing on the Website or in our brochure at a particular time may not always reflect the position at the exact moment you place an order. The dimensions given are written for your guidance. Before ordering, please ensure that there is adequate room to move any large Products through any doorways, windows and restricted passageways.
4.4 All Products shown on our Website and in our brochure are subject to availability. If a Product you have ordered is temporarily unavailable or discontinued by us or the manufacturer, we will inform you by email as soon as possible and offer you a substitute item. You can then decide whether you would like the substitute item or whether you would prefer to cancel your order (in which case we will provide you with a full refund).
4.5 If we are making the Product or providing Services to measurements or specifications you have given us you are responsible for ensuring that these measurements or specifications are correct. For information and tips on how to measure, please contact us. Please note that if measurements are different to those you have provided, this means we may not be able to provide our Products or Services to you and we will not be responsible for any losses or liabilities incurred where we have to cancel an order on this basis.
4.6 We have no obligation to you to maintain or provide new parts to any Product that is beyond it’s ‘end of life’, as determined by us in our sole discretion, but provide no guarantee that Products will work in this instance.
4.7 Our Products are provided as standard. We have no responsibility for the content of any order made, including any measurements you take, assessment of the space where Products may be placed and/or your requirements in relation to the Products. You are responsible for ensuring the quantity, the measurements or other specification of any Products ordered are correct and that they meet your requirements.
5. ORDERING PRODUCTS AND/OR SERVICES FROM US
5.1 Our order process on our Website allows you to check and amend any errors before submitting your order to us.
5.2 By clicking the “Pay now” button you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products or Services in your order. The Contract is subject to these Terms and you will be asked to confirm that you accept these Terms when placing your order.
5.3 After you place an order, you will receive an email from us acknowledging that we have received your order and confirming the Products and/or Services ordered, delivery option chosen, delivery address and any special instructions (“Order Confirmation”). Our acceptance of your order will take place when we email you the Order Confirmation to accept it, at which point a Contract will come into existence between you and us. Only the Products and/or Services listed in the Order Confirmation are included in the Contract between you and us. If there are any errors in the Order Confirmation, please contact us as soon as possible using the details on the dedicated Contact page of our Website.
5.4 If we are unable to accept your order, we will inform you of this and will not charge you for the Product and/or Service. 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 a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or for any other reason.
5.5 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.
6. CHANGES TO AN ORDER
6.1 We reserve the right to amend the specification of the Products and/or the Services if required by any applicable statutory or regulatory requirements, or as determined by us.
6.2 If you wish to make a change to your order you must contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products and/or Services, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm if you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 15).
7. YOUR TRADE ACCOUNT
7.1 If you buy Products or Services from our Website, you may register and create an account with us through the ‘Trade Login’ section or simply complete your purchase using our “guest checkout” option. If you choose to register and create an account you can fully enjoy our Website.
7.2 By creating an account, you can store and edit your delivery addresses and billing information and review your previous purchases and order history.
7.3 When you register or buy Products through our Website, you will be required to provide certain information including your name, phone number, email address and an address for delivery of the Products. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete.
7.4 Use of your account is and will remain your responsibility, as does any security details relating to it. We cannot be held responsible for any loss arising from you failing to ensure the safe keeping of these items. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities of each of the Products in your order.
7.5 Use of the trade account does not automatically entitle you to a credit account with us.
8. PRODUCT PRICES AND DELIVERY CHARGES
8.1 The prices of the Products and Services will be as quoted on our Website, in our brochure, or provided by us from time to time. We take reasonable care to ensure that the prices of Products and Services are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products and Services on our Website, in our brochure, or provided by us, may be incorrectly priced. If we discover a mistake or error in the price of the Products or Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products or Services at the correct price or cancelling your order. We do not have to provide the Products or Services to you at a lower price where we have made an obvious pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
8.2 The prices of the Products and Services may change from time to time, but changes will not affect any order which we have confirmed by sending an Order Confirmation, subject to clause 8.1. The prices of the Products and Services are in pounds sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK.
8.3 If the rate of VAT changes between your order date and the date we supply the Product or Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Product or Service in full before the change in the rate of VAT takes effect.
8.4 The prices of the Products do not include delivery charges. We will advise you of the delivery costs during the order process. Please see clause 12for more information.
9. PROMOTIONAL CODES
9.1 We may offer certain promotions in relation to particular Products or Services for eligible customers from time to time. If you have a promotional code, please ensure that you quote the relevant promotional code at the time of order. If your promotional code qualifies, your deduction will be displayed in the payment summary.
9.2 You may only use one promotional code for each order. You cannot apply promotional codes to orders that you have already placed or against Products that we have already delivered to you. We reserve the right to cancel orders if an unauthorised promotional code is used. Additional terms and conditions may apply to certain promotions, please check the Website or the brochure for further details.
10. HOW TO PAY
10.1 You can pay for Products or Services using a debit card or credit card. We accept the following cards: Visa and MasterCard.
10.2 By ordering Products or Services from us, you authorise us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
10.3 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order may be cancelled (we will notify you of this using the contact details you provided during the order process).
10.4 Your debit card or credit card will not be charged until we issue an Order Confirmation (at which point we take payment for the Products and all applicable delivery charges in full).
10.5 If we’re unable to collect any payment you owe us we reserve the right to charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest together with any overdue amount.
10.6 You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11. CREDIT ACCOUNTS
11.1 At our discretion, and subject to acceptable credit references and the satisfactory completion of the application form which we provide, we may open a credit account for your use on the terms set out in this clause 11.
11.2 You agree to us carrying out credit reference checks against you. We may do this when: (a) you apply to open a credit account; (b) we consider changing the credit limit for your credit account, whether an increase or decrease; (c) your credit account becomes overdue; (d) we need to verify a new address for you; or (e) we reasonably believe that you will not be able to settle your credit account in accordance with these Terms.
11.3 Your credit account can be used on your behalf by any person you have given your authority to use it. Our recommendation is that you identify any such authorised persons in the application form, and you inform us in writing of any further authorised persons. It is your responsibility to prevent any unauthorised use of your credit account. We shall be entitled to assume that anyone who appears to have your authority to use the credit account is duly authorised to use it. If someone you have previously authorised to use your account is no longer authorised to do so, you must give us 2 days’ advance notice in writing of the termination of their authorisation.
11.4 You must only use your account for transactions made for the purpose of your business.
11.5 You authorise an order being applied to your account when you or any person authorised by you asks for it to be applied to the account using any procedure which we may require to be used for security reasons and of which we will notify you. The purchase price for the order will be applied to the account on the day we send you the Order Confirmation.
11.6 We will tell you what your credit limit is when we open your account and will notify you in writing of any changes to that credit limit. We will determine the credit limit at our absolute discretion. The credit limit will cover purchases applied to the account and to any default interest, which will also be applied to the account. You must not exceed that credit limit and we will refuse to allow an order to be applied to your account if it means you exceed your credit limit. If we allow such an Order to be applied to your account, it will take effect merely as a temporary extension of your credit limit and your credit limit will return to the previous limit at the date of your next statement.
11.7 We will send you a statement at the end of each calendar month covering that calendar month (the Statement Period). The statement will show any opening unpaid balance and the purchases, any default interest and any payments applied to the account in that Statement Period, together with the total account balance outstanding.
11.8 You must make a single payment in full of the account balance outstanding shown on your statement each month. This payment must reach us so that we receive it as cleared funds and can credit it to your account by the Payment Due Date (which is also shown on your statement). The Payment Due Date is the last day of the month following the month to which the statement relates: for example, if we send you a statement for January, you must make payment in full by no later than 28 February.
11.9 We will credit a payment to your account as of the day we receive it as cleared funds as long as we receive the payment during our business hours for that day. If we receive payment after that time, we will credit it on our next business day after we receive it.
11.10 Credits and refunds to your account made by us will be treated as payments made by you.
11.11 We have the right to reverse any payment credited to the account if it is subsequently returned or dishonoured for any reason.
11.12 Unless you have told us otherwise, we will send you statements and any other communication to you by email to the email address you have most recently given us. You must notify us in writing immediately if you change your name or postal or email address.
11.13 We may suspend your account and/or refuse to allow a transaction to proceed and/or an order to be applied to it at any time. We may do this if any of the following applies:
11.13.1 we consider this is reasonably necessary to protect the security of your account;
11.13.2 the transaction or order seems unusual compared with the way you normally use your account;
11.13.3 you default in payment or are in breach of any of any other of these Terms;
11.13.4 we reasonably suspect unauthorised, improper or fraudulent use;
11.13.5 we reasonably consider there is a significant risk that you will not repay on time);
11.13.6 we reasonably believe you have abused your account in any way or you have supplied false or misleading information; or
11.13.7 there’s a risk you will go over your credit limit.
11.14 If we make a decision to suspend your credit account we will inform you straight away and give you our reasons. Once suspended, you may not use the credit account but you must still pay us the account balance when due. You may request reinstatement of the credit account but whether we do so is a matter for our absolute discretion
11.15 The agreement to provide you with a credit account is open ended and has no fixed duration. It will continue until you or we close the account.
11.16 You may close the account at any time by giving us written notice and at the same time paying us the outstanding balance on the account (whether it has been billed or not).
11.17 We may close the account immediately if you fail to make payment when due and then fail to make payment in full within 5 business days of our requiring you to pay the overdue sum. We may also close the account by giving you at least two months written notice with no explanation.
11.18 When either of us closes the account you must pay off all sums due immediately, including those not yet billed, and stop using the account.
11.19 We may require as a condition of your having a credit account that we have the benefit of a personal guarantee in respect of your payment obligations to us – this will be a personal guarantee from, for example, the owner of your business, a director of your company, or a third party. Any such personal guarantor must sign a guarantee form which we will provide.
11.20 You are not entitled to hold more than one credit account at the same time. You cannot hold both a credit account and a “Cash Card” account at the same time. We reserve the right to refuse, merge or close additional accounts.
11.21 Use of your account is and will remain your responsibility, as does any security details relating to it. We cannot be held responsible for any loss arising from you failing to ensure the safe-keeping of these items.
12. DELIVERY OF PRODUCTS
12.1 Your order for Products will be delivered to you by us or our delivery partner, and, unless there is an event outside of our control, we will take reasonable steps to meet the delivery date set out on your Order Confirmation or as otherwise agreed.
12.2 If we are unable to meet the estimated delivery date or time, we (or our delivery partner) 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, but if there is a risk of substantial delay (as reasonably determined by us) you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
12.3 Delivery will be completed when the Products are delivered to the address stated in the Order Confirmation (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).
12.4 You are responsible for making suitable arrangements to receive your delivery. Please make sure you or someone instructed by you is able to take delivery of the Products. If you are not able to take delivery of the Products, use the special instructions field in the order process to instruct us where to tell our delivery partner to leave your Products.
12.5 Please note that, if no special instructions are given and no one is able to take delivery of the Products, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local delivery depot.
12.6 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 and may charge for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 19.2 will apply.
12.7 If we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if any of the following apply: (a) we have refused to deliver the Products; (b) you informed us before we accepted your order that delivery within the delivery deadline was essential.
12.8 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 12.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
12.9 If you choose to treat the Contract as at an end for late delivery under clause 12.6 or clause 12.8, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you will have to return them to us, which will be at our cost if returning under this clause 12.9.
12.10 A Product will be your responsibility from the time we deliver the Product to the address you gave us or you (or a carrier organised by you) collect it from us or a nominated delivery partner or depot.
12.11 The ownership of Products supplied by us will only be transferred to you once all sums due to us have been paid in full and, until paid, we retain the right to repossess the Products.
12.12 A failure by you to follow any instructions relating to the proper installation or use of the Products may invalidate your warranty for the Product.
13.1 From time to time you may require that we provide Services to you in connection with the Products. We may at our discretion charge a reasonable fee for the performance of these Services.
13.2 We may charge a fee as notified to you in accordance with clause 13.1, including (but not limited to) the following instances:
13.2.1 Where we are required to conduct a site visit due to you having failed to install or otherwise set up a Product in accordance with the instructions provided and have asked for our help.
13.2.2 We need to provide Services (either in person or remotely) due to you having failed to install or otherwise set up a Product in accordance with the instructions provided.
13.2.3 We agree with you to provide our ‘Speaker Placement Service’.
13.3 In respect of our ‘Speaker Placement Service’, we are not responsible for the accuracy of any report or recommendation made. These should only be used as a guideline and you are responsible for ensuring that you take all proper professional advice including, but not limited to, structural engineering, cabling and electrical supply.
13.4 Payments for Services are subject to the provisions of clause 10 of these Terms.
14. SUSPENSION OR DELAY OF SERVICES
14.1 We may suspend supply of Services from time to time. We may do this to:
• Deal with technical problems or make minor technical changes;
• Update our Services to reflect changes in relevant laws and regulatory requirements;
• Make changes to our Services; or
• Where we cannot provide Services for circumstances beyond our reasonable control.
14.2 We will contact you in advance, where possible, to tell you we are suspending supply of Services, unless the problem is urgent or an emergency. If we suspend the Services for longer than 6 weeks in any 12 month period, we will adjust the price so you don’t pay for the Services whilst they are suspended. If we suspend supply, or tell you we are going to suspend supply of Services for more than 6 weeks you can contact us at email@example.com or by telephone at 01293 922015 to end the Contract and we will refund any sums you’ve paid in advance for Services you won’t receive.
14.3 If our supply of Services is delayed by an event outside of our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is substantial you can contact us at firstname.lastname@example.org or by telephone at 01293 922015 to end the contract and receive a refund for any Services you have paid for in advance, but not received, less any costs for time we have spent on the Services before the cancelation.
14.4 Where we use cloud services to update firmware applicable to your Product, we will use our reasonable endeavours to make such updates, unless the cloud services which we use to make such updates are no longer available, in which case we will notify you as soon as possible.
14.5 We reserve the right to not provide any Services to you if you have any unpaid fees or have failed to pay when asked to pay any sums due under these Terms.
15. YOUR RIGHTS TO END THE CONTRACT
15.1 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:
15.1.1 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 to get some or all of your money back), see clause 19;
15.1.2 if you want to end the Contract because of something we have done or have told you we are going to do, see clause 15.2; or
15.1.3 if what you have ordered is incorrect, you may be able to get a refund if you notify us in writing upon receipt of the Product, but this may be subject to deductions.
15.2 If you are ending a Contract for a reason set out in this clause the Contract will end immediately and we will refund you in full for any Products or Services which have not been provided. The reasons are:
15.2.1 we have told you about an upcoming change to the Product, the Service or these Terms which you do not agree to (see clause 22.1);
15.2.2 we have told you about an error in the price or description of the Product or Service you have ordered and you do not wish to proceed;
15.2.3 there is a risk that supply of the Products or the Services may be significantly delayed;
15.2.4 we have suspended supply of the Products or the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 weeks days; or
15.2.5 you have a legal right to end the Contract because of something we have done wrong.
15.3 Products you do not have a right to cancel the Contract for are:
15.3.1 Products which are made to your specifications or which are clearly personalised;
15.3.2 Sealed audio or sealed video recordings or sealed computer software, once these products have been unsealed after you receive them;
15.3.3 Any Products which become mixed inseparably with other items after their delivery;
15.3.4 Services, once these have been completed.
16. HOW TO END THE CONTRACT WITH US
16.1 To end the Contract for either Products or Services with us, please let us know by doing one of the following:
16.1.1 Phone or email. Call customer services on 01293 922015 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
16.1.2 Online. Complete the Cancellation Form on our Website.
16.1.3 By post. Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
16.2 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.
If you cancelled the Contract by phone, email, online or by post, you must either post the Products back or return to the distributor/reseller from whom you purchased, or if you have purchased directly from us then return to Lithe Audio Ltd, Unit 4 - Io Centre Salbrook Road Industrial Estate, Salbrook Road, Salfords, Redhill, England, RH1 5GJ. Please call customer services on 01293 922015 or email us at firstname.lastname@example.org for a return label or to arrange collection.
16.3 We will pay the costs of return:
16.3.1 if the Products are faulty or misdescribed; or
16.3.2 if you are ending the Contract because we have told you of an upcoming change to the Product(s), the Service(s) or these Terms, an error in pricing or description, a substantial delay in delivery or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return including any duties, taxes or other charges.
16.4 If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
16.5 We will refund you the price you paid for the Products or Services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below or at clause 16.6.
16.6 If you are exercising your right to change your mind:
16.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
16.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
16.6.3 In respect of Services, we may reduce your refund of the price to reflect time we have spent on the Services before you changed your mind.
16.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
16.7.1 If we have not offered to collect the Product, 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.
16.7.2 In all other cases, your refund will be made within 14 days of your telling us you wish to cancel in accordance with these terms.
17. OUR RIGHTS TO END THE CONTRACT
17.1 We may end the Contract for a Product or a Service at any time by writing to you if:
17.1.1 you do not make any payment to us when it is due or we are unable to collect payment when due;
17.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products or Services; or
17.1.3 you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
17.2 If we end the Contract in the situations set out in clause 17.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract and you shall immediately pay us any outstanding sum due to us. In respect of Services we will refund any money you have paid in advance but we may deduct or charge you in respect of time we have spent on the Services.
17.3 We may write to you to let you know that we are going to stop providing the Product or the Service. We will let you know at least two weeks in advance of our stopping the supply of the Product or the Service and will refund any sums you have paid in advance for Products or Services which will not be provided.
18. IF THERE IS A PROBLEM WITH THE PRODUCTS AND SERVICES
18.1 We want you to be completely satisfied with the Products and/or Services you have ordered from us. If you have any problems with the Products or Services you have ordered, please contact us using the details on the Contact page of our Website.
18.2 If you have any questions or complaints about the Product or Service, please contact us. You can telephone our customer service team on 01293 922015 or write to us at email@example.com or at Lithe Audio Ltd, Unit 4 - Io Centre Salbrook Road Industrial Estate, Salbrook Road, Salfords, Redhill, England, RH1 5GJ.
19. YOUR RIGHTS AND REMEDIES IF YOU ARE A BUSINESS
19.1 If you are a business customer we warrant that on delivery of Products, and for a period of 24 months (or as otherwise detailed in the Product warranty issued to you with the Product ordered) from the date of delivery (warranty period), each Product shall:
19.1.1 conform in all material respects with their description and any relevant specification;
19.1.2 be free from material defects in design, material and workmanship;
19.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
19.1.4 be fit for any purpose held out by us.
19.2 Subject to clause 19.3, if:
19.2.1 you give us notice in writing during the warranty period within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 19.1.
19.2.2 we are given a reasonable opportunity of examining such Product; and
19.2.3 you return such Product to us at our cost (unless otherwise agreed with us),
we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
19.3 We will not be liable for a Product’s failure to comply with the warranty in paragraph 19.1 if:
19.3.1 you make any further use of such Product after giving a notice in accordance with clause 19.2;
19.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or if we have not instructed, in accordance with good trade practice;
19.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
19.3.4 you alter or repair the Product without our written consent; or
19.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
19.4 Except as provided in this clause 19, we shall have no liability to you in respect of a Product’s failure to comply with the warranty set out in clause 19.1, subject to clause 20.
19.5 These Terms shall apply to any repaired or replacement Products supplied by us under clause 19.2.
19.6 In respect of Services, we will provide our Services with reasonable care and skill.
19.7 Except as provided in this clause 19, we shall have no liability to you in respect of Services not performed or improperly performed by us, subject to clause 20.
19.8 We are not responsible for ensuring that any Products ordered from us by you from time to time shall work with, connect to or otherwise compliment any older Products purchased from us or provided by any other third party. We recommend that you ask us before purchasing a new Product whether the new Product will work with, connect to or otherwise compliment the older Product or other third party product.
19.9 The warranty and rights detailed in this clause 19 only apply where you have purchased the Products from us or our authorised representative.
20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
20.1 Nothing in these Terms shall limit or exclude our liability for:
20.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
20.1.2 fraud or fraudulent misrepresentation;
20.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
20.1.4 defective products under the Consumer Protection Act 1987; or
20.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
20.2 Except to the extent expressly stated in clause 19.1 and 19.6 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
20.3 Subject to clause 20.1:
20.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us; and
20.3.2 our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for Products or Services under such Contract.
20.4 We will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you. Accordingly, you agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.
20.5 We shall not be liable to you for any damage caused to any property in the installation of any Product or our provision of any Services unless such damage was caused by our negligence.
20.6 We shall not be liable to you where you reconfigure the Products not in accordance with our instructions or making any changes to the software or application features, whatsoever.
20.7 We shall not liable to you in respect of any Products you order that are not fit for any of your intended purposes that have not been brought to our attention and acknowledged by us. For the avoidance of doubt, you shall not be entitled to a refund in such circumstances,
21. YOUR PERSONAL INFORMATION
22. CHANGES TO THESE TERMS
22.1 We may make changes to these Terms from time to time if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products or Services paid for but not received.
22.2 Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us. The current version of these Terms will be available on our Website. Please check the Terms on our Website each time that you order Products or Services from us to ensure that you understand the Terms that apply at the time.
23.1 We hope that you do not have cause for a complaint but, if you do, we would like to hear from you so that we can try and resolve your complaint and ensure that it does not happen again. Please contact us using the details on the Contact page of our Website.
24. RESALE TERMS
24.1 Where you act as a reseller or wholesaler, you shall use your best endeavours to promote the distribution and sale of Products and to expand the sale of Products to all potential purchasers by all reasonable and proper means and not do anything which may hinder or interfere with such sales. Such distribution and sale can be through your own website, but you shall not otherwise distribute or resell the Products through an online marketplace, without our prior written consent.
24.2 You shall comply with any and all applicable guidelines communicated to them by us from time to time, including (but not limited to) any brand guidelines relating to representation of our brands in connection with the resale of any of its Products.
24.3 You shall make no representations about the Products beyond any warranty related to the Products.
24.4 You shall not appoint a further reseller or agent to sell the Products without our prior written consent.
24.5 You shall not do anything, or omit to do anything that will bring our brands or any Product or part of the Product into disrepute or which would otherwise devalue our brands, the Products or parts of the Products.
24.6 Any discounts applied by us to the sale price of any Product to you may be withdrawn or amended at any point and in our sole discretion.
24.7 We may, at our sole discretion, cease to provide you with any more Products at any time on written notice with immediate effect.
24.8 In the event that you breach any of these Terms or, in our reasonable opinion, are about to breach any of these Terms, we may terminate any Contract we have with you, with immediate effect.
25. OTHER IMPORTANT INFORMATION
25.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
25.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
25.3 Each provision of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
25.4 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 you breaking the 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.
25.5 We intend to rely upon these Terms in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
25.6 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to Products supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, but not limited to, accidents, extreme weather conditions, fire, explosions, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, inability to obtain supplies, inability to obtain raw materials, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts of restraints of Government, inability to obtain any necessary import or other licences or consents of any governmental authority, and imposition or restriction of imports or goods).
25.7 Which laws apply to the Contract and where you may bring legal proceedings if you are a business. Any dispute or claim arising out of or in connection with a Contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Lithe Audio Ltd, April 2023
You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being or is likely to be used in an unauthorised manner.
In addition, your access to the website may occasionally be suspended or restricted for us to make repairs, maintenance, or upgrade facilities and services.
All content of this website is used with permission of the copyright owner or is the copyright of Lithe Audio Ltd 2018. Lithe Audio® is the trading name of Lithe Audio Ltd.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:· you may print or download to a local hard disk extracts for your personal and non-commercial use only· you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Price and Availability is shown with each item listed and again in the cart. Dispatch times are always estimates and we try to send your order well within the estimated time whenever possible. However, these times are not guaranteed and where a delay is encountered we will contact you. We hope that all our pricing is accurate. In the event of an error where the correct price is higher than the advertised price we will ship at the advertised price. Where the advertised price is higher than the correct price we will contact you and amend the order to correct price.
The colour of grilles/plastic can change a little due to different batches. As no two batches are identical, however we make every effort to ensure the differences are minimal.
15. Our details
Lithe Audio Ltd
Telephone: +44 ( 0) 1293 922015
Company Registration No. 10075251