Allgemeine Geschäftsbedingungen

T&Cs

1. THESE TERMS
   • ^1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
   • ^1.2 Why you should read them. Please read these terms carefully before you submit your order to us. 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.

2. INFORMATION ABOUT US AND HOW TO CONTACT US
   • ^2.1 Who we are. We are Monitor Audio Limited, trading as Roksan. We are a company registered in England and Wales. Our company number is 06018892 and our registered office is at 24 Brook Road, Rayleigh, Essex, SS6 7XJ, United Kingdom. Our registered address for the United States and Canada is 633 Granite Court, Pickering, Ontario, L1W 3K1, Canada. Our registered VAT number is GB 314 5844 07. Roksan is a registered trade mark of Monitor Audio Limited, under number UK00003973945.
   • ^2.2 Monitor Audio Limited operates the Roksan website at www.roksan.com.
   • ^2.3 How to contact us. You can contact us by telephoning our customer service team at +44 (0) 1268 740580 (United Kingdom), 1-800-263-4666 (Canada) 1-800-263-4641 (United States of America), or by writing to us 24 Brook Road, Rayleigh, Essex SS6 7XJ (United Kingdom), 633 Granite Court, Pickering, Ontario, Canada L1W 3K1 (United States of America and Canada), or by emailing us at roksan@monitoraudio.group.
   • ^2.4 How we may contact you. If we must contact you, we will do so by telephone or by writing to you via the email or postal address provided to us in your order.
   • ^2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU
   • ^3.1 These terms apply to orders for products placed via telephone or via our website at www.roksan.com.
   • ^3.2 Each order for products from you to us shall be an offer by you to purchase the products and these terms will apply. Please ensure that you read these terms carefully, and check that the details in the order are complete and accurate, before submitting the order.
   • ^3.3 How we will accept your order. Our acceptance of your order will take place when we issue a written confirmation of the order to you, at which point a contract will come into existence between you and us.
   • ^3.4 We will also send you a delivery email.
   • ^3.5 If you are a business customer, these terms apply to the exclusion of all other terms and conditions including any terms or conditions contained in or referred to in your purchase order, confirmation of order or other document or implied by law, custom, practice, or course of dealing or simply as a result of such document being referred to in the contract.
   • ^3.6 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, 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.
   • ^3.7 These terms apply to all our sales and any variation to these terms and any statements made by us or our employees about the products shall not be binding on us unless agreed in writing and signed by an authorised representative of Monitor Audio Limited.
   • ^3.8 If you are a business customer 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 the contract. Nothing in this clause shall exclude or limit our liability for fraudulent misrepresentation.
   • ^3.9 We only sell to the United Kingdom, the United States of America, and Canada. Our website is solely for the promotion of our products in the United Kingdom, the United States of America, and Canada. Unfortunately, we do not accept orders from addresses outside these locations.

4. OUR PRODUCTS
   • ^4.1 Products may vary slightly from their pictures. The images of the products on our website 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.
   • ^4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
   • ^4.3 Product dimensions may vary. Dimensions and measurements have been listed based on the design drawings for the products. While every effort is made to ensure the accuracy of these measurements during manufacturing, your product may vary slightly from those dimensions.
   • ^4.4 Our stock policy is to only list products as available to purchase if they are in stock and ready for dispatch. While we make every effort to ensure that product stock availability is reported accurately, we cannot guarantee that a product is in stock even if it appears to be in stock to purchase from our website. We will inform you as soon as possible if an ordered product is not in stock. We will offer you a full refund at that time, or advise you a best estimate of when stock will be available.
   • ^4.5 Guarantee: In addition to your rights to return products as set out in clause 6, we offer a quality guarantee. The length of which is detailed and depends on your country of residence. If you are unhappy with a product for any reason, send it back to us together with the original packaging and provided they are in a saleable condition we'll provide a full refund. However, you must notify us in writing (email or post) within 7 days from delivery using any of the contact us methods set out in clause 6.4. If using email, then receipt of your notification will only be confirmed by our systems issuing a notification of receipt email response. Please call our customer service department for more information on our delivery or to arrange a return, or alternatively use our Contact form.

5. YOUR RIGHTS TO MAKE CHANGES

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.

6. YOUR RIGHTS AS A CONSUMER
   • ^6.1 IF YOU ARE A CONSUMER IN THE UNITED KINGDOM: YOUR RIGHTS TO END THE CONTRACT, RETURN THE PRODUCTS AND REFUND
     • ^6.1.1 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:
       • ^6.1.1.1 If the products are faulty or misdescribed. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products repaired or replaced or to get some or all of your money back), see clause 10 for further information on your rights;
       • ^6.1.1.2 If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at clauses 6.1.1.2.1 to 6.1.1.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
         • ^6.1.1.2.1 we have told you about an upcoming change to the products or these terms which you do not agree to;
         • ^6.1.1.2.2 we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
         • ^6.1.1.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
         • ^6.1.1.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
         • ^6.1.1.2.5 you have a legal right to end the contract because of something we have done wrong.

Your rights are set out in more detail in this clause 6.1 below.

• • ^6.1.1.3 If you have just changed your mind about the products (exercising your right to change your mind under the Consumer Contracts Regulations 2013):
    • ^6.1.1.3.1 For single deliveries. You have 14 days, starting from the day after the day you (or someone you nominate) receives the products, to change your mind; or
    • ^6.1.1.3.2 For several split deliveries over different days. You have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind.

You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you may have to pay the costs of return of any products. Your rights are set out in more detail in this clause 6.1 below.

• • ^6.1.2 In all other cases (ending the contract where we are not at fault and there is no right to change your mind). If you do not have any other rights to end the contract you can still contact us before it is completed and tell us, you want to end it. A contract for the products is completed when the product is delivered and paid for. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Your rights are set out in more detail in this clause 6.1 below.
  • ^6.1.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
    • ^6.1.3.1 products that have been assembled;
    • ^6.1.3.2 personalised products.
  • ^6.1.4 How to cancel: To end the contract with us, please let us know by doing one of the following:
    • ^6.1.4.1 Phone or email. Call Roksan Support on +44 (0) 1268 740580, or email us at roksan@monitoraudio.group. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • ^6.1.4.2 Online. Complete the form on our website.
  • ^6.1.5 Returning products after ending the contract. If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us or allow us to collect them from you at our expense. In order to qualify for our free returns service you must:
    • ^6.1.5.1 contact Roksan Support on +44 (0) 1268 740580
    • ^6.1.5.2 request an authorisation number;

We will notify you when you contact us if you do not qualify for our free returns service. If you do not qualify, you must post the products back to us or allow us to collect them from you. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

• ^6.1.6 When we will pay the costs of return. We will pay the costs of return:
  • ^6.6.1 if the return qualifies for our free returns service – please see Clause 6.5;
  • ^6.1.6.2 if the products are faulty or misdescribed; or
  • ^6.1.6.3 if you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in delivery due to events outside our control 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.

• ^6.1.7 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:
  • ^6.1.7.1 If we are not collecting them, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us.
  • ^6.1.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
• ^6.1.8 How we will refund you. If you are entitled to a refund under these terms 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.
• ^6.1.9 Deductions from refunds. If you are exercising your right to change your mind:
  • ^6.1.9.1 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.
  • ^6.1.9.2 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 products within 3-5 days at one cost but you choose to have the products delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
     

6.2 RETURNS USA

Submit your request for a return/warranty to the following email: roksan@lenbrook.com

(You would require the order number and email address used for the order.)

Allow 48 hours for our sales team to review and evaluate your request.

Upon approval, an RMA number and return shipping information will be sent to your email.

Provide the sales team with tracking information on the returned item.

*For returns within 30 days, a flat-rate shipping cost of 15% of your original order total is deducted from the refund at the time of return and refund processing. We reserve the right to charge additional shipping costs. Roksan HiFi USA will pay for return shipping costs if the product is returned for warranty claims. You will be notified of additional charges before return labels are issued.

Your return item will be inspected upon arrival before your refund is processed.

6.3 RETURNS CANADA

Submit your request for a return/warranty to the following email: roksan@lenbrook.com

(You would require the order number and email address used for the order.)

Allow 48 hours for our sales team to review and evaluate your request.

Upon approval, an RMA number and return shipping information will be sent to your email.

Provide the sales team with tracking information on the returned item.

*For returns within 30 days, a flat-rate shipping cost of 15% of your original order total is deducted from the refund at the time of return and refund processing. We reserve the right to charge additional shipping costs. Roksan HiFi Canada will pay for return shipping costs if the product is returned for warranty claims. You will be notified of additional charges before return labels are issued.

Your return item will be inspected upon arrival before your refund is processed.

7. OUR RIGHTS TO MAKE CHANGES AND END THE CONTRACT

^7.1 Minor changes to the products. We may change the products:

^7.1.1 to reflect changes in relevant laws and regulatory requirements; and

^7.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the products.

^7.2 More significant changes to the products and these terms. In addition, we may make changes to the products or these terms, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect. This includes:

^7.2.1 changes in the specification, design or construction of the products which are required to comply with any applicable safety or statutory requirements. These changes will not affect your use of the products;

^7.2.2 changes to these terms which are required to comply with changes to relevant laws and regulatory requirements; and

^7.2.3 changes in how we accept payment from you.

^7.3 We may end the contract if you break it. We may end the contract for products at any time by writing to you if:

^7.3.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

^7.3.2 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

^7.3.3 you do not, within a reasonable time, allow us to deliver the products to you.

^7.4 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.3, 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.

^7.5 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

8. DELIVERY

^8.1 Delivery costs. We offer FREE delivery to the United Kingdom Mainland, in addition to all of the United States of America and Canada.

^8.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. Estimated delivery times are:

• ^8.3 Delivery terms for the United Kingdom:

^8.3.1 We offer FREE next delivery to UK Mainland if ordered before 1pm (Monday-Thursday BST/GMT).

^8.3.2 Any order placed after 1pm (Monday - Thursday BST/GMT) will be delivered via our standard 3-5 working day service.

^8.3.3 UK Mainland excludes Northern Ireland, Channel Islands, Isle of Man, Isle of Mull, Isle of Skye and Isle of Wight.

8.4 USA DELIVERY

1. Delivery terms for the United States of America:
   1. For USA Mainland: We offer standard 3-day shipping (excluding Alaska and Hawaii). Not including delays caused by extreme weather and courier service disruptions.
   2. We do not offer delivery to Puerto Rico, US Military Outposts, and P.O Boxes

8.5 CANADA DELIVERY

1. Delivery terms for Canada:

a. For Canada: We offer standard 3-day shipping (excluding territories). Not including delays caused by extreme weather.

b. We do not offer delivery to P.O Boxes

^8.6 Tracking: We will send your tracking information via text/email, when your order has been dispatched. Please ensure your mobile number/email address has been entered correctly when confirming your order.

^8.7 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.

^8.8 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 delivered, our nominated courier service will leave you a note informing you of how to rearrange delivery or collect the products from their local depot.

^8.9 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 clause 7.4 will apply.

^8.10 Please inspect the products carefully prior to accepting delivery. If the exterior packaging shows signs of damage, then please refuse delivery on this basis. We do not send out damaged packaging.

^8.11 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.

^8.12 When you own products. You own a product once we have received payment in full.

9. WARRANTY

^9.1 Warranty for the United Kingdom

^9.1.1 We warrant that on delivery, and for a period of two (2) years from the date of delivery (warranty period) in the United Kingdom, the products shall:

^9.1.1.1 be free from material defects in design, material and workmanship;

^9.1.1.2 conform in all material respects with their description and any relevant specification;

^9.1.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

^9.1.1.4 be fit for any purpose held out by us.

You can read more about this guarantee on our guarantee page.

^9.1.1.2 Subject to clause 13.3, if:

^9.1.1.2.1 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 9.1.1;

^9.1.1.2.2 we are given a reasonable opportunity of examining such product; and

^9.1.1.2.3 you return to us or allow us to collect such product at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

^9.1.3 We will not be liable for a product's failure to comply with the warranty in clause 9.1.1 if:

^9.1.3.1 you make any further use of such product after giving a notice in accordance with clause 9.1.2.1;

^9.1.3.2 the defect arises because you failed to follow our maintenance guidelines for the products or our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

^9.1.3.3 the defect arises as a result of us following any drawings, designs or specification supplied by you;

^9.1.3.4 you alter or repair the product without our written consent; or

^9.1.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

^9.1.4 Except as provided in this clause 9.1, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 9.1.1.

^9.1.5 These terms shall apply to any repaired or replacement products supplied by us under clause 9.1.2.

9.2 USA WARRANTY

^9.2 Warranty for the United States of America

^9.2.1 We warrant that on delivery, and for a period of two (2) years from the date of delivery (warranty period) in the USA, the products shall:

^9.2.2.1 be free from material defects in design, material and workmanship;

^9.2.2.2 conform in all material respects with their description and any relevant specification;

^9.2.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

^9.2.2.4 be fit for any purpose held out by us.

You can read more about this guarantee on our guarantee page.

^9.2.1.2 Subject to clause 13.3, if:

^9.2.1.2.1 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 9.2.1;

^9.2.1.2.2 we are given a reasonable opportunity of examining such product; and

^9.2.1.2.3 you return to us or allow us to collect such product at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

^9.2.3 We will not be liable for a product's failure to comply with the warranty in clause 9.2.1 if:

^9.2.3.1 you make any further use of such product after giving a notice in accordance with clause 9.2.2.1;

^9.2.3.2 the defect arises because you failed to follow our maintenance guidelines for the products or our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

^9.2.3.3 the defect arises as a result of us following any drawings, designs or specification supplied by you;

^9.2.3.4 you alter or repair the product without our written consent; or

^9.2.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

^9.2.4 Except as provided in this clause 9.2, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 9.2.1.

^9.2.5 These terms shall apply to any repaired or replacement products supplied by us under clause 9.2.2.

9.3 CANADA WARRANTY

^9.3 Warranty for Canada

^9.3.1 We warrant that on delivery, and for a period of two (2) years from the date of delivery (warranty period) in Canada, the products shall:

^9.3.2.1 be free from material defects in design, material and workmanship;

^9.3.2.2 conform in all material respects with their description and any relevant specification;

^9.3.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

^9.3.2.4 be fit for any purpose held out by us.

You can read more about this guarantee on our guarantee page.

^9.3.1.2 Subject to clause 13.3, if:

^9.3.1.2.1 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 9.3.1;

^9.3.1.2.2 we are given a reasonable opportunity of examining such product; and

^9.3.1.2.3 you return to us or allow us to collect such product at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

^9.3.3 We will not be liable for a product's failure to comply with the warranty in clause 9.3.1 if:

^9.3.3.1 you make any further use of such product after giving a notice in accordance with clause 9.3.2.1;

^9.3.3.2 the defect arises because you failed to follow our maintenance guidelines for the products or our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

^9.3.3.3 the defect arises as a result of us following any drawings, designs or specification supplied by you;

^9.3.3.4 you alter or repair the product without our written consent; or

^9.3.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

^9.3.4 Except as provided in this clause 9.3, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 9.3.1.

^9.3.5 These terms shall apply to any repaired or replacement products supplied by us under clause 9.3.2.

• 10. IF YOU ARE A CONSUMER AND THERE IS A PROBLEM WITH THE PRODUCT
      • ^10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
        • ^10.1.1 United Kingdom – call us at +44 (0) 3454 04 05 06, or write to us at 24 Brook Road, Rayleigh, Essex, SS6 7XJ or roksan@monitoraudio.group.
        • ^10.1.2 Canada – call us at 1-800-263-4666, or write to us at 633 Granite Court, Pickering, Ontario, Canada L1W 3K or roksan@lenbrook.com.
        • ^10.1.3 United States of America – call us at 1-800-263-4641, or write to us at 633 Granite Court, Pickering, Ontario, Canada L1W 3K or roksan@lenbrook.com.
      • ^10.2 Summary of your legal rights If you are a consumer 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 products. Nothing in these terms will affect your legal rights.
• ^10.2.1 Summary of your key legal rights in the United Kingdom. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information in the United Kingdom, please visit the Citizens Advice website www.adviceguide.org.uk or call +44 (0) 3454 04 05 06.

• ^10.2.1.1 The Consumer Rights Act 2015 says products 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:
  • Up to 30 days: if your products are faulty, then you can get an immediate refund.
  • Up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • Up to six years: if your products do not last a reasonable length of time, you may be entitled to some money back.
• ^10.2.1.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to us or allow us to collect them from you. We will pay the costs of postage or collection. Please call Roksan Support on +44 (0) 1268 740580, or email us at roksan@monitoraudio.group to arrange collection and obtain an authorisation number.

10.2.2 RIGHTS USA

Submit your request for a return/warranty to the following email: roksan@lenbrook.com

(You would require the order number and email address used for the order.)

Allow 48 hours for our sales team to review and evaluate your request.

Upon approval, an RMA number and return shipping information will be sent to your email.

Provide the sales team with tracking information on the returned item.

*For returns within 30 days, a flat-rate shipping cost of 15% of your original order total is deducted from the refund at the time of return and refund processing. We reserve the right to charge additional shipping costs. Roksan HiFi USA will pay for return shipping costs if the product is returned for warranty claims. You will be notified of additional charges before return labels are issued.

Your return item will be inspected upon arrival before your refund is processed.

10.2.3 RIGHTS CANADA

Submit your request for a return/warranty to the following email: roksan@lenbrook.com

(You would require the order number and email address used for the order.)

Allow 48 hours for our sales team to review and evaluate your request.

Upon approval, an RMA number and return shipping information will be sent to your email.

Provide the sales team with tracking information on the returned item.

*For returns within 30 days, a flat-rate shipping cost of 15% of your original order total is deducted from the refund at the time of return and refund processing. We reserve the right to charge additional shipping costs. Roksan HiFi Canada will pay for return shipping costs if the product is returned for warranty claims. You will be notified of additional charges before return labels are issued.

Your return item will be inspected upon arrival before your refund is processed.
 

1. 11. PRICE
       • ^11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on our website 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 clause 11.3 for what happens if we discover an error in the price of the product you order.
       • ^11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
       • ^11.3 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 products provided to you.

• 12. PAYMENT
      • ^12.1 When you must pay and how you must pay. In the UK, we accept payment online or by telephoning us on +44 (0) 1268 740580 (United Kingdom), 1-800-263-4666 (Canada), and 1-800-263-4641 (United States of America). Our office hours are 9.00am-5.00pm Monday-Friday (British time for the UK and Eastern Canadian Time for Canada and the United States of America). Online payments can be made using MasterCard, Visa, Visa Debit, and PayPal. Please see clause 12.6 for the terms applying to credit/debit card payments.
• 12.2 Flexible payment options are available through PayPal in the United Kingdom.
  • 12.2.1 Pay in 3 is an unregulated credit agreement, so you will have fewer protections under this agreement than you would under a regulated credit agreement. Carefully consider whether the purchase is affordable and how you will make the repayments. Be aware of the possible impact of using Pay in 3 and of missing payments, including making other borrowing more difficult or more expensive. Pay in 3 eligibility is subject to status and approval. 18+ UK residents only. Available for purchases of £30 to £2,000. Terms and conditions apply. PayPal Pay in 3 is a trading name of PayPal UK Ltd, 5 Fleet Place, London, United Kingdom, EC4M 7RD.
• ^12.3 You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you
• ^12.4 Our right of set-off if you are a business customer. If you are a business customer 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).
• ^12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
• ^12.6 When you complete an online purchase using a credit/debit card for payment, you agree to the following terms and conditions:
  • ^12.6.1 you are the credit/debit card holder, and you are authorised to use your credit/debit card for the online purchase.
  • ^12.6.2 should you have a problem with your purchase, you will contact us to allow us to resolve the problem before contacting either the financial institution that issued the credit/debit card or the credit/debit card company itself.
  • ^12.6.3 fraudulent use of credit/debit cards will be investigated and reported to the police forces, your local bank, our billing and/or merchant service provider and any other applicable authorities. We will prosecute to the full extent of the law.
  • ^12.6.4 we perform information verifications for every credit/debit card purchase. Orders that contain an unverified address and/or any other unverified information will require us to contact the actual owner of the credit/debit card by phone. These phone numbers may be obtained from sources other than the order itself.
  • ^12.6.5 an unauthorised credit/debit card charge back after an order has been placed is chargeback abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with all the information regarding the transaction we would have at our disposal and, as required, file a report with the applicable authorities and the credit/debit card company.
  • ^12.6.6 we accept only the credit/debit cards mentioned on the product ordering screens as the payment options for your purchase. All prices are in British Pounds (£) (GBP) and stated on your invoice in British Pounds unless otherwise noted.
  • ^12.6.7 all credit/debit card charges will be settled in British Pounds at the time of purchase, and in case your account is in different currency you will be charged according to the exchange rate of your financial institution at the time of the purchase.
  • ^12.6.8 you agree and acknowledge that you shall be solely responsible for and shall bear (and/or immediately reimburse) us for any chargeback fees issued to us by or from any credit/debit card company, merchant service or other source of payment that is initiated at your or the credit/debit card holder’s request.
  • ^12.6.9 by purchasing any products and/or services from us, you the credit/debit card holder expressly authorise us to direct a payment/charge to be made to the credit/debit card account (the same being the credit/debit card account used in the initial purchase of said products and/or services) or in the amount of the said refund and chargeback fee (or amount charged to us for such refund) plus our losses and expenses spoken of herein.

1. 13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
       • ^13.1 In the United Kingdom
         • ^13.1.1 The following provisions set out the entire financial liability of Monitor Audio Limited (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
           • ^13.1.1.1 any breach of the contract; and
           • ^13.1.1.2 any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the contract.
         • ^13.1.2 Nothing in these terms excludes or limits our liability:
           • ^13.1.2.1 for death or personal injury caused by our negligence; or
           • ^13.1.2.2 for fraud or fraudulent misrepresentation; or
           • ^13.1.2.3 defective products under the Consumer Protection Act 1987; or
           • ^13.1.2.4 breach of the terms implied by section 12 of the Sale of products Act 1979; or
           • ^13.1.2.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
         • ^13.1.3 If you are a business customer:
           • ^13.1.3.1 Subject to clause 13.2, except as expressly stated in these terms, we do not give any representations, 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 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.
           • ^13.1.3.2 We only supply the products for internal use by your business, and you agree not to use the products for any resale purposes.
           • ^13.1.3.3 Subject to clauses 13.2 we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
           • ^13.1.3.3.1 loss of profits; or
           • ^13.1.3.3.2 loss of business; or
           • ^13.1.3.3.3 depletion of goodwill or similar losses; or
           • ^13.1.3.3.4 loss of anticipated savings; or
           • ^13.1.3.3.5 loss of products; or
           • ^13.1.3.3.6 loss of contract; or
           • ^13.1.3.3.7 loss of use; or
           • ^13.1.3.3.8 loss or corruption of data or information; or
           • ^13.1.3.3.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
           • ^13.1.3.4 Subject to clause 13.1.2, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to 1.5 times the price paid for the products by you during the 12 months preceding the date acknowledged by us as being the date of the event giving rise to any liability.
         • ^13.1.4 If you are a consumer:
           • ^13.1.4.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach 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.
           • ^13.1.4.2 When we are liable for damage to your property. We will make good any damage to your property caused by us while delivering the products. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover.
           • ^13.1.4.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.2 UNITED STATES

            To the extent not prohibited by law, in no event will Lenbrook Industries Ltd. (distributor of Roksan HiFi in the United States of America) or its channel partners be liable for personal injury or damages whatsoever, including but not limited to, incidental, special, consequential, exemplary or indirect damages, and including but not limited to, cost of cover, loss of data, loss of profits, business interruption, loss of business information, or other pecuniary loss arising from the use of (or inability to use) the product, no matter how caused and on any theory of liability. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. In no event shall Lenbrook Industries Ltd.’s total liability to you for all damages in any one or more causes of action exceed the lesser of the amount paid by you for your Roksan HiFi product and $500USD. The limitations outlined here will apply even if Lenbrook Industries Ltd. or channel partners have been advised of the possibility of such damage or of any type of use intended by you. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge that these limitations reflect a reasonable allocation of risk.

13.3 CANADA

            To the extent not prohibited by law, in no event will Lenbrook Industries Ltd. (distributor of Roksan HiFi in Canada) or its channel partners be liable for personal injury or damages whatsoever, including but not limited to, incidental, special, consequential, exemplary or indirect damages, and including but not limited to, cost of cover, loss of data, loss of profits, business interruption, loss of business information, or other pecuniary loss arising from the use of (or inability to use) the product, no matter how caused and on any theory of liability. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. In no event shall Lenbrook Industries Ltd.’s total liability to you for all damages in any one or more causes of action exceed the lesser of the amount paid by you for your Roksan HiFi product and $500USD. The limitations outlined here will apply even if Lenbrook Industries Ltd. or channel partners have been advised of the possibility of such damage or of any type of use intended by you. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge that these limitations reflect a reasonable allocation of risk.

• • • ^13.4 This clause 13 shall survive termination of the contract.

1. 14. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our privacy policy, shown below, beneath our Terms and Conditions.

1. 15. COPYRIGHT, PATENTS, TRADE MARKS AND OTHER RIGHTS
       • ^15.1 All copyright, trade marks and other rights created, subsisting or used in our website and in connection with the products shall remain our sole property. For the avoidance of doubt, you shall not during or at any time after the completion, expiry or termination of the contract in any way question or dispute such ownership thereof by us.
       • ^15.2 Any use of our website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Monitor Audio Limited.
       • ^15.3 Where we expressly offer the functionality to share and or publish our content on social media platforms using the facilities and links provided on this website, you are permitted to do so.
       • ^15.4 You may not use, replicate or distribute any of our content on social media outside of this functionality. Nor can you share and/or publish content that we have not made available for this purpose.
       • ^15.5 You may not, except with our express written permission, distribute commercially or commercially exploit the content on our website.
       • ^15.6 Sanctioned trade customers will be allowed to replicate permitted content provided that the source and copyright of the content is acknowledged. For absolute clarification, please note that all content & images on this website are copyright of Roksan and can only be reproduced by our express permission.
       • ^15.7 All content & images on this website are copyright of Roksan and can only be reproduced by our express permission.
       • ^15.8 You may not modify any details on our website or reproduce or publicly display or distribute any such details for any commercial purpose whatsoever.
       • ^15.9 It is your responsibility to virus check all materials before downloading them from our website.
       • ^15.10 Where your website contains links to other sites and resources provided by third parties, these links are provided for information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
       • ^15.11 You and third parties must obtain our express written permission before linking to our website.

1. 16. OTHER IMPORTANT TERMS
       • ^16.1 We will only use your personal information in accordance with our Privacy Policy. Please take the time to read the Privacy Policy, as it includes important terms which apply to you.
       • ^16.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the contract.
       • ^16.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 9 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the product.
       • ^16.4 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 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
       • ^16.5 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.
       • ^16.6 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
       • ^16.7 If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. 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. If you live in the United States or Canada Roksan Hifi originates in Canada, therefore this agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
       • ^16.8 If you are a business, these terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by English law. We both irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).