Terms and Conditions of Sale
Effective: October 26, 2018
In these Terms “Bowers & Wilkins,” “we,” “us,” and “our” refer to B&W Group Ltd., whose headquarters is located at 900 Middlefield Avenue, Redwood City, CA 94063 and “you” means you, the customer.
These Terms will apply to any contract between us and you for the sale of Products to you (Contract). Retailers, distributors, and resellers have separate agreements with us that apply to you instead of these Terms.
Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any Contract between us, are only in the English language.
1 Information about us
1.1 We operate the website www.bowerswilkins.com
1.2 We are B&W Group Ltd., whose headquarters is located at 900 Middlefield Avenue, Redwood City, CA 94063.
1.3 To contact us, please see our Contact us page.
2 Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color or other features of the Products. Your Products may vary slightly from those images, especially where our Products contain natural product components such as wood.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability. If the Product you have ordered is not available, we will inform you by e-mail as soon as possible and we will not process your order.
3 Use of our site
Your use of our site is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.
4 Data Protection
5 If you are a consumer
This section 5 only applies if you are a consumer (meaning that you are an individual purchasing Products for use primarily for personal, family, or household purposes).
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and otherwise legally competent to enter into a legally-binding contract and accessible by landline or mobile telephone. We may require proof of age.
6 If you are a business customer
This section 6 only applies if you are a business customer (meaning that you are acting on behalf of a business) and are not one of our retailers, distributors, or resellers.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7 How the contract is formed between you and us
7.1 For the steps you need to take to place an order on our site, please see our support page. You may only place an order using our site - we are unable to accept orders placed in any other way. (This section does not affect purchases at retail locations.)
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and providing you with an order number. However, please note that this is for reference only and does not mean that your order has been accepted. Our acceptance of your order will take place as described in section 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that your order has been accepted by us (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.5 While we will make every effort to supply you with the Product you order from us, there may be occasions when we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in section 12.6, in which event we will inform you of this by e-mail or telephone and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible. Issuing you a refund is our sole obligation to with respect to an order that we cannot process.
8 Our right to vary these Terms
8.1 The Effective Date of these Terms is set forth at the top of this webpage. We may revise these Terms from time to time such as for:
8.1.1 changes in how we accept payment from you;
8.1.2 changes in relevant laws and regulatory requirements;
8.1.3 when we update our Terms.
We will provide you with advance notice of material amendments to these Terms. We will not make amendments that have a retroactive effect unless we are legally required to do so or to protect other users of our site.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the order and form the Contract between you and us. Placing an Order for the purchase of any Products and/or Services from us after the Effective Date of an amendment to these Terms constitutes your acceptance of the amended Terms.
9 Your consumer right of cancellation, return and refund
This section 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a right to cancel a Contract under these Terms during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason, you can notify us of your decision to cancel the Contract and request a refund.
9.2 However, this right does not apply in the case of:
9.2.1 any made-to-measure or custom-made products or products made to your specification or clearly personalized; or
9.2.2 any digital content or downloadable product or software if you have commenced the download; or
9.2.3 (for reasons of hygiene) any accessories if opened.
We will provide you with advance notice of material amendments to these Terms. We will not make amendments that have a retroactive effect unless we are legally required to do so or to protect other users of our site.
9.3 You have a brief period in which to cancel prior to your order being picked and dispatched from our warehouse. To cancel a Contract, please complete the cancellation request form or telephone call us on (800) 370-3740 between 8:30 and 5:00 Eastern Time Monday to Friday (excluding U.S. public holidays). If we are unable to accommodate your cancellation request you will need to follow our standard returns process.
9.4 The procedure to return and claim a refund is as follows:
9.4.1 We accept returns made within 60 days of your order date, provided that your Product(s) are returned without undue delay and, in any event, within 14 days after the day on which you initiate the return request. Please complete this form or telephone us on (800) 370-3740 between 8:30 and 5:00 Eastern Time Monday to Friday (excluding U.S. public holidays) to make arrangements for return;
9.4.2 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.4.3 Subject to section 9.5.1 we will provide you with a RMA (Return Material Authorization) number.
9.4.4 It is your responsibility to return the Product to us using the prepaid returns method as outlined to you.
If you do not follow the procedure set out in this section 9.5, we may not be able to process a refund, or your refund may be delayed.
9.5 When we make a refund, subject to any reasonable deductions we make to address any excessive handling of the Products, you will receive the full amount of the price you paid for the Products and any applicable delivery charges you paid to receive the Product, except where you have elected for any form of delivery other than standard delivery, in which event we will only reimburse you the standard delivery charges, but we will not refund you any return delivery charges incurred by you. We will process the refund due to you as soon as possible and, in any case, unless we have agreed in writing to collect the Product(s) from you, we will reimburse you:
9.5.1 within 14 days of the day on which we receive the Product(s) back; or
9.5.2 by exception, the day on which you supply us with evidence of having sent the Product(s) back.
If you returned the Products to us because the wrong Product was shipped, the Product shipment was incomplete, or the Product was described by us incorrectly, please see section 9.6.
9.6 If the wrong Product was shipped, the Product shipment was incomplete, or the Product was described by us incorrectly, please contact us immediately using this form or by telephoning us on (800) 370-3740 between 8:30 and 5:00 Eastern Time Monday to Friday (excluding U.S. public holidays). These rights are in addition to our warranty for defects in materials or workmanship. If you have returned the Products to us under this section 9 within 30 days, we will refund the price of a defective Product in full or replace it at our discretion.
If we do not perform a Service with reasonable care and skill, or if it does not confirm to our description, you can ask us to repeat or fix the Service. If we cannot repeat or fix the Service within a reasonable period of time you are entitled to a reduction in price. This is your sole and exclusive remedy.
9.7 We refund you by the same payment method used by you to pay.
10.1 Your order will be fulfilled by the estimated delivery date set out in our delivery terms, unless there is an Event Outside Our Control (as defined in section 17.2 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the delivery address you gave us as shown in the Order Confirmation. We do not deliver to APO/FPO or PO Boxes. Subject to the preceding provisions of this section, we will deliver your Products to the delivery address as shown on your Order Confirmation.
10.3 If no one is available at your address to take delivery, our nominated courier will leave you a card advising that the Products have been left with a neighbor or returned to their local distribution center. If your Product has been returned to the distribution center, please contact the delivery service to rearrange delivery using the information on the card.
10.4 Risk of loss in your Products will pass to you upon delivery of the Products to the address for delivery stated in your Order Confirmation.
10.5 Title to the Products will pass to you only once we have received payment in full, including all applicable delivery charges.
10.6 Upon delivery of the Products to our delivery service we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
10.7 Certain small items may ship by postal mail and cannot be tracked once they have entered the postal system. All other shipments use a delivery service for maximum security and tracking.
11.1 Unfortunately, we do not deliver to addresses outside the Continental U.S., including International APO/FPO or PO Boxes addresses.
11.2 Only orders placed with a billing and shipping address within the Continental U.S will be accepted.
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, the terms of section 12.6 will apply.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
12.3 The price of a Product displayed in U.S. dollars does not include sales tax. The tax rate is based on the delivery address of your purchase. If applicable as required by law, the tax amount will appear after you complete the Order Form and before you enter your payment details.
12.4 The price of a Product does not include delivery charges. We offer free delivery except where expedited delivery may be offered as an extra paid-for service.
U.S. orders are estimated to arrive 2 business days after your order has been shipped (excluding U.S. public holidays). On rare occasions, we may need to deliver items outside the published timed windows due to an Event Outside Our Control.
12.5 Delivery of Digital Products will be available once payment is confirmed.
12.6 Our site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will, at our discretion either:
12.6.1 contact you in writing to inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order; or
12.6.2 cancel your order.
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 the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and a reasonable person would have recognized the pricing as incorrect, we do not have to provide the Products to you at the incorrect (lower) price.
13 How to pay
13.1 You can pay for Products using a debit card, credit card or PayPal. We accept the following cards: VISA Credit, VISA Debit, MasterCard Credit, MasterCard Debit, and American Express.
All transactions on our site are in U.S. dollars. We do not accept any other currency. If you use a payment method operated in another currency, your payment issuer will to be applied to the dollar amount and may charge an administration fee.
You must supply your payment details when you place your order. Your selected payment method will be charged when we issue your Order Confirmation. We will not ship your Products nor perform any Services until your payment issuer has authorized the payment for the Products and/or Services you have ordered. If we do not receive such authorization, we will inform you. We reserve the right to verify the identity of the payment holder by requesting appropriate information and/or documentation.
13.2 To ensure your payment method is not being used without your permission, we will validate the name, address and other personal information supplied by you during the order process using appropriate third party databases and fraud detection services. By accepting these Terms, you consent to such checks being made.
13.3 Payment for the Products and all applicable delivery charges is in advance. We will not charge your payment method until we issue your Order Confirmation.
13.4 Voucher Codes
On occasions Bowers & Wilkins provides “Voucher Codes” with special offers to customers via email or other marketing channels. A Voucher Codes enable a discount to be applied to your order as specified on the marketing communication. To apply the Voucher Code online enter it as requested during the Check Out process. The discount/promotion will then be applied to your order, subject to the terms and conditions below:
- Voucher Codes may not apply to all Products; Voucher Codes are only valid on certain full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
- Voucher Codes cannot be used in conjunction with any other offer;
- Voucher Codes are valid for a limited period of time as specified in the marketing communication, they cannot be used outside of that period;
- Voucher codes are for use by the intended recipient only and proof of entitlement may be requested;
- All orders are subject to acceptance (as described above) and any improper use of Voucher Codes may result in the cancellation of your order;
- All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice;
- Specific offer terms and conditions are provided with each Voucher Code - for specific information relevant to that offer, please refer to marketing material on which it is featured.
Sale Voucher Codes
Some Voucher Codes are valid on sale-discounted items and this will be clearly stated within the promotion. All other terms and conditions are as per "Voucher Codes" terms and conditions above.
14 Our warranty for the products
14.1 All new Products (excluding any software), Services and downloads, are provided with a warranty that the Products shall be free from defects in materials and workmanship from a period of five years for passive loudspeakers, two years for powered loudspeakers, electronics and headphones. All new accessories & spares are provided with a 90-day warranty from delivery and shall be free from defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference, are available to see by clicking here and are available as part of the product documentation supplied in the box supplied with the product. This warranty does not apply in the circumstances described in section 14.3.
14.2 To contact us to make a warranty claim, you can email us by clicking here and completing the form or by calling us on (800) 370-3740 between 8:30 and 5:00 Eastern Time Monday to Friday (excluding U.S. public holidays) and quote your Product serial number.
14.3 The warranty in section 14.1 does not apply to any defect in the Products arising from:
14.3.1 For deterioration of component parts, the nature of which is to become worn or depleted with use, such as batteries and headphone ear pads.
14.3.2 or any interoperability issues with third party products; unless we explicitly specify this intent.
14.3.3 For damages caused by incorrect installation, connection or packing.
14.3.4 For damages caused by any use other than correct use described in the user manual, negligence, modifications, or use of parts that are not made or authorised by B&W Group Ltd.
14.3.5 For damages caused by faulty or unsuitable ancillary equipment
14.3.6 For damages caused by accidents, lightning, water, fire heat, war, public disturbances or any other cause beyond the reasonable control of B&W Group Ltd. and its appointed distributors.
14.3.7 For products whose serial number has been altered, deleted, removed or made illegible.
14.3.8 If repairs or modifications have been executed by an unauthorised person.
14.4 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described.
15 Our liability if you are a business
This section 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to purchase the Product with the intent of acting as a distributor or reseller.
15.2 Nothing in these Terms limit or exclude our liability for:
15.2.1 death or personal injury caused by our negligence; or
15.2.2 fraud or fraudulent misrepresentation.
15.3 Subject to section 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.3.1 any loss of profits, sales, business, or revenue;
15.3.2 loss or corruption of data, information or software;
15.3.3 loss of business opportunity;
15.3.4 loss of anticipated savings;
15.3.5 loss of goodwill; or
15.3.6 any special, indirect, incidental, or consequential loss or damages.
15.4 SUBJECT TO SECTION 15.2 AND SECTION 15.3, OUR TOTAL LIABILITY TO YOU IN RESPECT OF ALL OTHER LOSSES OR DAMAGES ARISING UNDER OR IN CONNECTION WITH THE CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED IN TOTAL THE AMOUNT PAID OR PAYABLE BY YOU IN RESPECT OF THE PRODUCTS AND/OR SERVICES IN QUESTION.
15.5 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE PRODUCTS. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.
16 Our liability if you are a consumer
This section 16 only applies if you are a consumer.
16.1 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.2 We do not in any way exclude or limit our liability for:
16.2.1 death or personal injury caused by our negligence; or
16.2.2 fraud or fraudulent misrepresentation.
16.3 SUBJECT TO SECTION 16.2, WE ARE NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGES AND OUR TOTAL LIABILITY TO YOU IN RESPECT OF ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH THE CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED IN TOTAL 125 PER CENT OF THE AMOUNT PAID OR PAYABLE BY YOU IN RESPECT OF THE PRODUCTS AND/OR SERVICES IN QUESTION.
16.4 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE PRODUCTS. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES.
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
17.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, tsunami, hurricane, other storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18 Communications between us
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer:
18.2.1 To cancel a Contract in accordance with your legal right to do so as set out in section 9, you must contact us as stated in section 9. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by postal mail, then your cancellation is effective from the date you sent us the e-mail or mailed the letter to us.
18.2.2 If you wish to contact us in writing for any other reason, you can:
- e-mail us at email@example.com:
- by visiting our Contact us page
- For any other additional support, please visit Product support or
- write to us, by pre-paid post, to Customer Support, B&W Group Ltd., 54 Concord Street, North Reading, MA 01864; or
- telephone Customer Support on (800) 370-3740 between 8:30 and 5:00 Eastern Time Monday to Friday (excluding U.S. public holidays).
When contacting us please quote your Order Number.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid postal mail to the address you provide to us in your order.
18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of mailing any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the mail and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.
19 Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will notify you in writing or by posting on this webpage if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in section 14 to the recipient of the gift without needing to ask our consent.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the U.C.C. Article 9 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty under section 14, but we and you will not need the recipient’s consent to cancel or make any changes to these Terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.4 These Terms are governed by the laws of the State of California, U.S.A., without giving effect to its conflicts of laws principles. All disputes relating to or arising out of this Agreement shall be resolved in a state or federal court located in or encompassing San Mateo County, California, and the parties consent to the jurisdiction of such courts.
20 Export control
20.1 On entering into a Contract with us, you agree to comply with all applicable export laws. You agree (i) not to export any Product to any country in contravention of any applicable export law; and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or approvals.
20.2 You warrant that you are not located in, under the control of, or a national or resident of, any country to which export of the Products is prohibited by any applicable export law.
21 Recertified products
21.1 Recertified products consist of returned product items which have been tested and updated as required to meet Bowers & Wilkins’ quality standards before being offered for resale. Please note that on occasion recertified products may have slight cosmetic flaws.
21.2 Please note that the stock of Recertified Products available is limited and it is possible that the Recertified Product you order is not available anymore and that we will therefore not be able to accept your offer.
21.3 Recertified Products are sold with the same 2-year warranty as new Products and are bound by these Terms in the same way as new Products are.
21.4 We make every effort to ensure the descriptions of our products are accurate and images are fair representations of the product you will receive. The colors you see on screen will be our best depiction of the product, however we cannot guarantee that the color and exact design will be an exact match with the product you receive. We will correct any errors in product descriptions as soon as is practical.
22 Telephone Support
22.1 The telephone support service consists of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.
22.2 he telephone support service is available on (800) 370-3740 between 8:30 and 5:00 Eastern Time Monday to Friday (excluding U.S. public holidays). This is a free phone number when calling from the U.S.
22.3 In providing telephone support, we will attempt to resolve your support request when you first call us; however, we cannot guarantee a resolution will be completed in that initial call. On occasion, we may need to call you back in order to suggest a resolution.
22.4 Calls to our telephone support service will be charged at standard rates if calling from outside the U.S.
23 Society of Sound
23.1 Our Society of Sound is a subscription only service and is subject to seperate terms and conditions.
24 Applications, firmware and software
24.1 Where an application (‘App’) or service requires or includes downloadable firmware or software, such firmware or software may update automatically on your device when a new version, functionality or feature becomes available.
24.2 Where a firmware or software update or upgrade is necessary in order for you to use a particular App, Service, functionality or feature, you acknowledge that you may be unable to use such App, Service, functionality or feature if you do not accept such firmware or software update or upgrade. If you choose to proceed with a firmware or software update or upgrade you acknowledge and agree that:
- by proceeding with the update or upgrade you agree to and accept the changes that the update or upgrade will make to your product or App, and that you have read and accepted the applicable release notes; and
- once you have accepted a firmware or software update or upgrade and that update or upgrade has completed, you will not be able to revert to a previous version of the firmware or software; and
- although we do our best to ensure that a firmware or software update or upgrade completes successfully, we cannot accept liability for any loss or damage caused to or suffered by your product, App and/or any other equipment where the update or upgrade is not successfully completed as a result of an Event Outside Our Control or your failure to follow any applicable update or upgrade instructions.
24.3 To enable you to use any such firmware or software, we grant you for your own personal or internal use a worldwide, royalty-free, non-assignable and non-exclusive license to use such firmware or software. Such licence is granted solely to enable you to use the App, Service, functionality or feature in question, and you must not copy, modify, share, distribute, sell, or lease any part of our firmware or software, or reverse engineer or attempt to extract the source code of that firmware or software, except to the extent that (i) you are permitted by applicable law to do so and have notified us of your intent to do so; or (ii) we have given you our express prior written permission to do so.
25 Customer Feedback
All or part of the completed feedback may be (a) uploaded onto the relevant information page of a feedback website for the sole purpose of informing (future) customers of your opinion of the product and service (level) and (b) (wholly or partly) used and placed by Bowers & Wilkins (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by us. The review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Please be aware that by submitting content the feedback website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions, you grant B&W Group Ltd., and its subsidiaries and corporate affiliates and the affiliated, co-branded and/or linked website partners through whom we provide service a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.
You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. Personal information would be limited to the details you submit in your feedback and you can submit feedback anonymously.
You acknowledge and agree that Submissions are non-confidential and non-proprietary. Neither Bowers & Wilkins nor any service provider supporting it takes any responsibility nor assumes any liability for any Submissions posted or submitted by you, including but not limited to liability for paying you compensation for Submissions. Bowers & Wilkins and its service providers have no obligation to post your comments and reserve the right in their absolute discretion to determine which comments are published.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to the feedback website). You are prohibited from posting or transmitting to or from the feedback website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any malicious code or script intended to disrupt or attack the feedback website or any of our systems; (iii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iv) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the feedback website. You acknowledge that Bowers & Wilkins may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.