Terms and Conditions of Sale

 

EFFECTIVE DATE: 15TH JANUARY 2019

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions (together with the documents expressly referred to in them, which includes our Privacy policy) on which we supply products to you, whether these are goods, services or digital content.
    2. Why you should read them. Please read these terms carefully before you submit your order to us through our site, www.bowerswilkins.com/eu-en, being the European-specific site under www.bowerswilkins.com, (our site). These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are B&W Group Limited trading as Bowers & Wilkins, a limited company registered in England and Wales. Our company registration number is 00880499 and our registered office is at Dale Road, Worthing, West Sussex, BN11 2BH, United Kingdom. Our registered VAT number is GB 945 7829 70. We operate the website, www.bowerswilkins.com/eu-en
    2. How to contact us. You can contact us by email at support@bowers-wilkins.com, by visiting our ‘Contact Us’ page, by writing to us at Customer Support, Dale Road, Worthing, West Sussex, BN11 2BH, United Kingdom or by telephone.  To find your local Customer Support telephone number, please select your country of residence here.
    3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails
  3. OUR CONTRACT WITH YOU
    1. How we will accept your order. 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. Our acceptance of your order will take place when we email you with an order confirmation to confirm we accept it, at which point a contract will come into existence between you and us.  For information on how to place an order on our site, please see our ‘Support’ page. We are unable to accept orders any other way. 
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by phone and will not charge you for the product.  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 we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.  If you have already paid for the product, we will refund you the full amount as soon as possible.
    3. Your order number. We will assign an order number to your order and tell you what it is after you place your order. Please note, that this is for reference only and does not mean your order has been accepted.  Acceptance of your order will take place in a separate order confirmation email, as described in paragraph 3.1. It will help us if you can tell us the order number whenever you contact us about your order.  
    4.  We only sell to these countries in Europe. Our site is solely for the promotion of our products in Austria, Belgium, Estonia, Finland, France, Germany, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Spain and Switzerland. We cannot deliver orders to residents in Andorra, Azores, Campione d'Italia, Canary Islands, Ceuta, Channel Islands, Gibraltar, Lichtenstein, Madeira, Melilla, Monaco, Netherlands Antilles or BFPO addresses.
    5.  We cannot accept orders if you are under 18. We will only accept orders if you are at least 18 years old and we can contact you by landline or mobile telephone.  We may ask you for proof of age following your order. 
    6. Business Customers. If you are a business customer (meaning that you are acting in the course of your business, trade, craft or profession) when submitting an order to us, the following shall apply: (a) you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products; (b) all orders placed through our site will be treated for tax purposes as a “business to consumer” transactions; and (c) these terms (and any document expressly referred to in them, including our Privacy policy) constitute the entire agreement between you and us, and you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these terms (or any document expressly referred to in them, including our Privacy policy).
  4. OUR PRODUCTS
    1. Products may vary slightly from their pictures. The images of the products, on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images, especially where our products contain natural product components such as wood. 
    2. Product packaging may vary. The packaging of the product may vary from that shown in images on our site.
  5. YOUR RIGHTS TO MAKE CHANGES
    1. If you wish to make a change to the product you have ordered please ‘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 product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether 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 paragraph 8 - Your rights to end the contract).
  6. OUR RIGHTS TO MAKE CHANGES
    1. Minor changes to the products. We may change the product:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements. These changes will not affect your use or the quality of the product.
    2. Changes to these terms. Every time you order products from us, the terms in force at that time will apply to the contract between you and us. We reserve the right to change and update these terms from time to time and recommend that you revisit this page regularly and each time you place an order to keep up to date with the current terms that apply to your order and your use of our site. By placing an order for the purchase of any products from us and by continuing to access, browse and use this site, you will be deemed to have agreed to any changes or updates to our terms.
    3. Updates to firmware / embedded software. We may update or request you to update firmware /embedded software on your products. Such updates are generally directed at removing bugs and/or improving performance. 
  7. PROVIDING THE PRODUCTS
    1. Delivery costs. We offer free delivery except where we offer expedited delivery as an extra paid-for service.  The costs of expedited delivery will be as displayed to you on our site. 
    2. When we will provide the products. During the order process we will let you know when we will provide the products to you and provide you with an estimated delivery date.  Delivery will be completed when we deliver the products to the delivery address as shown in the order confirmation.  We do not deliver to P.O box or BFPO addresses.  Upon delivery of the products to our courier, we will send you a confirmation of shipment by email provided you have given us an email address in your order.  It is your responsibility to ensure that your delivery and billing addresses and other contact details are correct. We cannot be held responsible for failure to deliver where you have provided incorrect addresses or contact details. In such circumstances, we will make all reasonable efforts to contact you so that we might be able to effect delivery, though we may charge you for any additional costs we incur as a result of you providing incorrect information.  
      1. If the products are goods. We offer same day courier dispatch on all headphones and speakers if ordered before 3pm CET Monday – Friday. Accessories are dispatched by 1st Class UK Air Mail. For estimated delivery times to your region, please view our European delivery policy. Orders placed at the weekend or on a UK public holiday will be processed the next business day. Please allow an additional 1-2 business days for delivery to Islands. 
      2. If the product is a one-off purchase of digital content. We will make the digital content available for download on the date agreed with you during the order process.
    3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we 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 caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.  To be clear, an “event outside our control” means any act or event beyond our reasonable control, and this may include events such as 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, 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.
    4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our nominated courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    5. If you do not re-arrange delivery. 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 you 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 paragraph 10.2 will apply.
    6. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery within 14 days, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (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 goods and their delivery.  If the goods have been delivered to you, they must be returned to us in line with instructions given by Customer Support. Please contact us by completing this form or by selecting your country of residence here to find your local Customer Support telephone number.
    7. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or you collect products from a local depot.
    8. When you own goods. You own a product which is goods once we have received payment in full and you have received an Order Confirmation.
    9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements;
    10. We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see paragraph 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
  8. YOUR RIGHTS TO END THE CONTRACT
    1. You can always end your contract with us.  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:
      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 a service re-performed or to get some or all of your money back), see paragraph 11;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 8.2;
      3. If you have just changed your mind about the product, see paragraph 8.3. You may be able to get a refund for the headphones or speakers purchased if you are within the 60-day cooling-off period, but this may be subject to deductions.
      4. In all other cases (if we are not at fault and there is no right to change your mind), see paragraph 8.4.
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at paragraph 8.2.1 to paragraph 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are: 
      1. we have told you about an upcoming change to these terms which you do not agree to (see paragraph 6.2);
      2. we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days or
      5. you have a legal right to end the contract because of something we have done wrong (including because we have delivered something late).
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    4. When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:
      1. any made to measure or custom-made products;
      2. any products that have been personalised;
      3. digital products after you have started to download or stream these;
      4. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
      5. any products which become mixed inseparably with other items after their delivery. 
    5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
      1. Have you bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
      2. Have you bought goods? if so, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days ordered in a single order. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
  9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      1. Online. Complete and submit the form on our site.
      2. By email. If you are unable to use the form above, you may email us at support@bowers-wilkins.com. Please provide your name, order number and email address.
      3. By post. Simply write to us at Customer Support, B&W Spain, C/ Rosselló 362-364, Barcelona, 08025 including details of what you bought, when you ordered or received it and your name and address.  
      4. By telephone. Please select your country of residence here to find your local Customer Support telephone number.
      5. By using the Model Withdrawal Form. This non-obligatory form is detailed at the bottom of this document.
    2. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. 
    3. 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. We only accept returns made within 60 days of your order date, provided that your headphones & speaker product(s) are returned without undue delay and, in any event, within 14 days after the day on which you inform us of cancellation. On receipt of your cancellation notice, we will contact you to make arrangements for return. Subject to this paragraph 9.3, we will authorise you with a Return Material Authorisation number.  It is your responsibility to return the product to us. We recommend that you use a courier such as UPS or DPD who can provide tracked delivery. In the event of a lost/damaged shipment it is your responsibility to resolve directly with the courier.
    4. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed;
      2. if you are ending the contract because we have told you of an upcoming change to these terms or an error in pricing or description or because you have a legal right to do so as a result of something, we have done wrong;
      3. In all other circumstances including unopened accessories purchased, you must pay the costs of return.
    5. How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
      1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, 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 goods and later discover you have handled them in an unacceptable way.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer, except where free of charge delivery options were available. For example, if we offer delivery of a product within 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.
    7. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind, then:
      1. If the products are goods, 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. For information about how to return a product to us, see paragraph 9.1
      2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  10. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      1. your payment method fails when we attempt to apply the charge for products ordered;
      2. you do not, within a reasonable time, allow us to deliver the products to you or;
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 10.1 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.
  11. IF THERE IS A PROBLEM WITH THE PRODUCT
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can select your country of residence here to find your local Customer Support telephone number or complete this form, or write to us at support@bowers-wilkins.com.
    2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

      Summary of your key legal rights

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      If your product is goods, for example headphones or speakers, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

      a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

      b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

      c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

      See also paragraph 8.3.

      a) If your product is digital content, for example a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

      b) If your digital content is faulty, you're entitled to a repair or a replacement.

      c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

      d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

      See also paragraph 8.3.

      If your product is services, for example installation of speakers, the Consumer Rights Act 2015 says:

      a)You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.

      b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

      c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

      See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

  • PRICE AND PAYMENT
    1. Where to find the price for the product. The price of the product (which includes local sales tax & any applicable eco tax) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 12.3 for what happens if we discover an error in the price of the product you order.
    2. We will pass on changes in the rate of local sales tax. If the rate of local sales tax changes between your order date and the date we supply the product, we will adjust the rate of local sales tax that you pay, unless you have already paid for the product in full before the change in the rate of local sales tax takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. 
    4. When you must pay and how you must pay. We accept payment with PayPal, VISA Credit, VISA Debit, MasterCard Credit, MasterCard Debit, VISA Electron and American Express. When you must pay depends on what product you are buying:
      1. For goods, you must pay for the products before we dispatch them. We will charge your payment method when we issue your Order Confirmation. 
    5. All transactions on our site are in Euros. We do not accept any other currency. If you use a payment method operated in another currency, your payment issuer will determine the exchange rate to be applied to the Euro amount and may charge an administration fee.
    6. Payment security. To ensure that 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 against appropriate third-party databases. By accepting these terms, you consent to such checks being made.  In performing these checks personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated in accordance with our Privacy policy.  All payment details are transmitted over a secure connection (Secure Socket Layer-SSL) and comply with Payment Card Industry Data Security Standards (PCI DSS).
    7. Voucher Codes. From time to time, we may issue voucher discount codes (Voucher Codes) by email or other marketing channels. These Voucher Codes enable a discount to be applied to your order as specified on the marketing communication. To apply the Voucher Code online, you must create or login to your Bowers & Wilkins account first, then enter it as requested during the check out process. The discount will then be applied to your order, subject to the terms set out in the remainder of this paragraph 12.7:
      1. Voucher Codes are generally only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated.
      2. Voucher Codes cannot be used in conjunction with any other offer.
      3. Voucher Codes are valid for a limited period of time as specified in the marketing communication; they cannot be used outside of that period.
      4. Voucher Codes are for use by the intended recipient only and proof of entitlement may be requested.
      5. All orders are subject to acceptance and any improper use of Voucher Codes may result in the rejection of your order.
      6. All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice.
      7. 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.
      8. Regardless of paragraph 12.7, we may issue some Voucher Codes that are valid on sale-discounted; and this will be clearly stated within the promotion. This shall not affect the validity of paragraphs 12.7.2 to 12.7.7 inclusive.  
  • OUR WARRANTY FOR PRODUCTS
    1. If the products you have ordered are goods (other than spare parts and accessories), we warrant that the products shall, on delivery and for a period of 2 years from delivery, be free from defects in materials and workmanship. We warrant that all spare parts and accessories shall, on delivery and for 90 days from delivery, be free from defects in materials and workmanship. Our warranty set out in this paragraph 13.1 is subject to our warranty terms and conditions, which form part of and are incorporated into our contract with you by reference, and are available for you to see by clicking here. Our warranty terms and conditions are also contained in your product box.
    2. To contact us in relation to your warranty entitlement you can email us by clicking here and completing the form or by selecting your country of residence here to find your local Customer Support telephone number and quote your product serial number.  
  • RECERTIFIED PRODUCTS
    1. Recertified products consist of returned product items which have been tested and updated as required to meet Bowers & Wilkins’ high quality standards, before being offered for resale.
    2. Our 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.
    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.  Note that on occasion recertified products may have slight cosmetic flaws. See full warranty details here.
    4. We make every effort to ensure the descriptions of our Recertified Products are accurate and images are fair representations of the product you will receive. The colours you see on screen will be our best depiction of the product, however we cannot guarantee that the colour and exact design will be an exact match with the product you receive. We will correct any errors in product descriptions as soon as we can.
  • DIGITAL DOWNLOADS
    1. Where we offer digital downloads (other than firmware updates), you acknowledge that separate terms and conditions will apply.
      1. Our Society of Sound is a subscription only service and is subject to separate terms and conditions, which you can find here
  • APPLICATIONS, FIRMWARE AND SOFTWARE
    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.
    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:
      1. 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 
      2. 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
      3. 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 of our control or your failure to follow any applicable update or upgrade instructions. 
    3. Nothing in paragraph 16.2 shall affect your legal rights, a summary of which can be found in the table at paragraph 11.2. 
    4. To enable you to use any such firmware or software, we grant you for your own personal use only a worldwide, royalty-free, non-assignable and non-exclusive licence to use such firmware or software. This 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 law to do so; or (ii) we have given you our express prior written permission to do so. 
  • TELEPHONE SUPPORT 
    1. Our telephone support service consists of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.
    2. Our telephone support service is available by selecting your country of residence here to find your local Customer Support telephone number.
    3. In providing telephone support, we will attempt to resolve your query when you first call us, however, we cannot guarantee a resolution will be found in that initial call. On occasion, we may need to call you back in order to suggest a resolution.
  • OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised in paragraph 11.2; and for defective products under the Consumer Protection Act 1987.
    3. If defective digital content which we have sold and supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 
    4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we may use your personal information.  We will only use your personal information as set out in our Privacy policy.  Please take time to read these, as they include important information which apply to you.
  • CUSTOMER FEEDBACK
    1. Following your purchase, you may receive an email from inviting you to complete a feedback request. Please see our Privacy policy for more information about how we may contact you.  You don’t have to submit feedback, but it would be great if you did as any feedback (whether positive or negative) helps us improve our products and customer services.
    2. If you do complete and submit a feedback request, please be aware that 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 us (for example, for marketing, promotion or improvement of our service) on our site 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.
    3. Please be aware that by submitting content to 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 us, and our 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 devised in the future; and (b) use the name that you submit in connection with that submission.
    4. 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.
    5. You acknowledge and agree that submissions are non-confidential and non-proprietary. Neither we nor any service provider supporting it may take any responsibility nor assume any liability for any submissions posted or submitted by you. Neither we nor any service provider have any obligation to post your comments and we each reserve the right to determine which comments are published.
    6. You are fully responsible for the content of your submissions, (specifically including, but not limited to, reviews posted to the feedback website). You must not post or transmit to or from the feedback website any of the following: (i) any unlawful, threatening, libellous, 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 commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trade mark, 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 we may exercise our rights (for example use, publish, delete) to any content you submit without notice to you.
  • OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided. 
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing. However, if you have purchased a product as a gift, you may transfer the benefit of the warranty in paragraph 13 to the recipient of the gift without needing to ask our consent.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.  
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. 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 your breaking this 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.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, who will have non-exclusive jurisdiction. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

B & W GROUP LIMITED
 
 

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

Email the completed form to support@bowerswilkins.com or post it to Customer Support, B & W Group Ltd, Dale Road, Worthing, West Sussex, BN11 2BH

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*] (delete as appropriate)


Description of goods: 

Ordered on:

Received on:

Signature:

Date:

Name:

Address: