|1.1.||All sales of Bowers & Wilkins products and services ("Products") to customers are subject to these Terms and Conditions of Sale ("Terms and Conditions"). B&W Group, Ltd. is sometimes referred to herein as "we" and "us". The customer is sometimes referred to herein as "you". These Terms and Conditions and any and all terms set forth in the order confirmation issued by us to you indicating acceptance of your Order ("Order Confirmation") set forth the entire understanding and agreement between you and us, and supersede any and all oral or written agreements or understandings between you and us as to the subject matter of these Terms and Conditions. These Terms and Conditions may not be changed or altered in any way without our prior written consent.|
|2.1.||Bowers & Wilkins: ("Bowers & Wilkins") shall mean the trademark of B&W Group, Ltd.|
|2.2.||Consumer: A ("Consumer") shall mean any purchaser of the Product(s) who is the ultimate end-user for whom the Product is designed and who does not intend to resell the Product to a third party.|
|2.3.||Hardware: ("Hardware") shall mean any Bowers & Wilkins branded Product which is not Software, services or a download.|
|2.4.||Invoice: An ("Invoice") shall mean the invoice issued by us to you for the price of the Product(s).|
|2.5.||Intimate Object: An ("Intimate Object") shall mean any Product that can be inserted into the ear (e.g., in-ear headphones).|
|2.6.||Order: An ("Order") shall mean an order placed by you in accordance with these Terms and Conditions.|
|2.7.||Order Form: An ("Order Form") shall mean the electronic order form on the Web Site.|
|2.8.||Software: ("Software") shall mean any Product which is software including, without limitation, operating systems, bundled software, stand-alone software and downloadable software.|
|2.9.||Web Order Number: The ("Web Order Number") shall mean the order number issued by us to you.|
|2.10.||Web Site: The ("Web Site") shall mean our website for customers in the United States, the web address of which is www.bowers-wilkins.com.|
|3.1.||All Orders for Products are subject to acceptance by us. Acceptance of Orders is conditioned upon your agreement to these Terms and Conditions. Your placement of an Order manifests your assent to these Terms and Conditions. Terms imposing any different or additional obligations are expressly rejected.
To place an Order, you must be eighteen (18) years of age or older, and you must be accessible via landline telephone. You may only place an Order using the Web Site. We will not accept Orders placed in any other way.
When you place your Order, we will issue you a Web Order Number. A Web Order Number is issued for reference purposes only and does not constitute our acceptance of your Order.
We may, at our sole discretion, accept or reject your Order. If we accept your Order, we will notify you of such acceptance by issuing an Order Confirmation via email. Acceptance is effective upon issuance of the Order Confirmation. If we cannot accept your Order, we may, at our sole discretion, attempt to contact you via email or telephone.
We will make reasonable efforts to supply you with the Product(s) listed on the Order Confirmation. If we cannot supply you with the Product(s) listed on the Order Confirmation, we will make reasonable efforts to contact you to suggest alternative Product(s). If you do not wish to purchase an alternative Product(s), we will cancel that portion of your Order relating to the unavailable Product(s) and refund you the actual price you have paid to us for the unavailable Product(s). We reserve the right at any time to discontinue the production, sale or distribution of any of our Products and to change the design of our Products and any parts thereof. You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Products, whether or not such Products are of a model, design or type previously sold.
Information contained in our advertisements, brochures, other written materials or websites, or information given to you by our agents or employees, constitutes an invitation to bargain only, and does not constitute an offer by us to supply any Product(s).
|4.1.||All sales prices displayed on the Web Site are in U.S. dollars. Your Web Site purchase includes sales tax as required by law. The tax rate is based on the delivery address of your purchase. The actual tax amount will appear after you complete the Order Form.
We reserve the right at any time to correct any mistakes in price. If a mistake in price is made, we will, at our sole discretion, either: 1) make reasonable efforts to notify you of the mistake and will offer you the option to purchase the Product(s) at the correct price or a full refund for the portion of your Order relating to the erroneously priced Product(s); or 2) reject your Order. You will receive a notification with or prior to the delivery of the Product(s). You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Products at the erroneous price, and that our liability is limited to the actual price paid by you to us for the Product(s).
|5.1.||Payment for the Product(s) must be made via one of the approved methods of payment as listed on the Web Site and modified from time to time.
If you pay by credit card, you must supply your credit card details when you place your Order. Your credit card will be charged upon the issuance of an Order Confirmation or upon shipment of the Product(s). Shipment of the Product(s) is conditioned upon the credit card issuer's authorization of use of the card for payment. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. To ensure the credit, debit or charge card is not used without its holder's consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a credit bureau, which may keep a record of such information. Disclosure of such information is made only to confirm the card holder's identity.
|6.1.||Orders will not be accepted and Products will not be delivered to any address outside of the United States. Subject to the foregoing, all Products will be shipped to the delivery address listed on the Order Confirmation. Standard deliveries usually leave the warehouse in 1-2 business days. If your Order contains several Products, such Product(s) may be delivered on different days. Upon delivery of the Products to our carrier, a confirmation of shipment email will be sent to the email address listed on the Order Form (if an email address is provided). Smaller items may be shipped by regular mail and may not be tracked.
All Product(s) are sold F.O.B. Destination, freight pre-paid. We pay the freight.
|7.1.||If you are not satisfied with your purchase for any reason, simply notify us within fourteen (14) calendar days of the delivery or purchase date and we will issue a full refund. Notwithstanding the foregoing, returns may not be made for: a) Intimate Object(s) where the packaging seal has been broken; b) personalized Products made in accordance with your specifications; and c) downloadable Products where the download has commenced.
Products must be returned in their original condition in their original and undamaged packaging to be eligible for return. Defective Products may be eligible for replacement or repair, subject to Section 12. To return your purchase, please call (800) 370-3740 between 8:30 a.m. and 5:00 p.m., Monday through Friday, to obtain a Return Material Authorization ("RMA") number. All Product(s) must be returned within twenty eight (28) days of RMA issuance. You are responsible for making shipping arrangements, pre-paying any shipping charges and insuring the shipment. We are not responsible for any Product(s) lost or damaged in transit. We recommended using a package-shipping service such as United Parcel Service, Federal Express or the United States Postal Service that is able to track shipments.
|8.1.||You may cancel your Order at any time prior to shipment of the Product(s) by calling us at (800) 370-3740 and quoting your Web Order Number.|
|9.1.||For advice and guidance on set-up, installation and use of the Product(s), please call the telephone support service at (800) 370-3740. The telephone support service is available from 8:30 a.m. to 5:00 p.m., Monday through Friday (except holidays). The telephone number for the telephone support service is supplied with your Product(s) and is also listed at www.bowers-wilkins.com/contact_us/contact. You are responsible for any and all telephone charges and fees associated with using the telephone support service.|
|10.1.||We warrant all new Hardware to be free from defects in material and workmanship for a period of two (2) years from the date of purchase. All purchases for the sale of Hardware Products are governed by our Warranty Terms and Conditions, which are hereby incorporated into these Terms and Conditions. Warranty Terms and Conditions are included with your Product(s) and are available for viewing at http://www.bowers-wilkins.co.uk/Support/Customer-Service/Customer-Service/warranty.html. The Warranty Terms and Conditions cover Hardware only, and do not cover Software, services or downloads.
Except as expressly provided in this section 10, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, non-interference, accuracy of informational content, or arising from a course of dealing, law, usage, or trade practice, are hereby excluded to the extent allowed by applicable law and are expressly disclaimed by us and our representatives. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the express warranty period.
Notwithstanding the foregoing, you may have other additional rights that vary from state to state. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of incidental or consequential damages. Nothing in these Terms and Conditions shall limit or exclude our liability: (i) for death or personal injury caused by our negligence; or (ii) for fraud; or (iii) any breach of the obligations implied by applicable compulsory national laws as to title; or (iv) any liability which cannot be excluded by law.
For warranty questions, please call the telephone number listed on the Warranty Terms and Conditions included with your Product(s) between 8:30 a.m. and 5:00 p.m., Monday through Friday (except holidays). Please have your Hardware Product's serial number ready. You are responsible for any and all telephone charges and fees associated with using the warranty telephone support service.
|These Terms and Conditions, together with the Order Confirmation, set forth the entire extent of our obligations and liabilities with respect to the supply of the Products. Terms imposing any different or additional obligations are expressly rejected. These Terms and Conditions and the Order Confirmation may not be altered or modified in any way without our prior written consent.|
|12.||Limitation of liability|
|Except as otherwise expressly provided in these terms and conditions, in no event shall we or any of our representatives be liable under these terms and conditions to you or any third party for any consequential, incidental, indirect, exemplary, special or punitive damages, including any damages for business interruption, loss of use, data, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not we were advised of the possibility of such damages.
Except as otherwise expressly provided in these terms and conditions, in no event shall our aggregate liability arising out of or related to these terms and conditions, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amount paid (or payable) to us pursuant to these terms and conditions.
The foregoing limitations shall apply even if the non-breaching party's remedies under this agreement fail of their essential purpose. Notwithstanding the foregoing, nothing in these Terms and Conditions shall limit or exclude any additional rights you may have under local, state or federal laws.
|If a shipment date is specified, that date will be extended to the extent that delivery is delayed by reason of fire, flood, war, terrorism, strike, natural disaster, or any other event beyond our reasonable control and if, as a result of such delay, the Product(s) are not available, we may substitute comparable goods. We are not responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control.|
|14.||Law and forum|
|These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard for the conflicts of laws rules thereof. You agree that all controversies, disputes and claims arising out of these Terms and Conditions shall be adjudicated exclusively by a court of competent jurisdiction within the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts, except that any judgment in any such action may be enforced in other jurisdictions by suit or in any other permitted manner. You irrevocably consent to the personal jurisdiction and venue of the state and federal courts of Massachusetts and waive any rights to seek a transfer of venue for any reason or to claim that the forum is inconvenient.|
|The invalidity of any one or more phrases, sentences, clauses, sections or subsections of these Terms and Conditions will not affect the remaining portions of these Terms and Conditions.|
|17.1||Recertified products consist of returned items which have been tested and updated as required to meet Bowers & Wilkins’ high quality standards before being offered for resale. Please note that on occasion recertified products may have slight cosmetic flaws.|
|17.2.||No waiver of any provision at any particular time shall be deemed a permanent waiver of such provision, or a waiver of any other provision of these Terms and Conditions. Failure to enforce a provision shall not be deemed a waiver.|
|Recertified Products consist of returned items which have been tested and updated to meet our high quality standards before being offered for resale. Recertified products may contain minor cosmetic flaws. Stock of Recertified Products is limited. Orders placed for unavailable Recertified Products will be rejected.
We will make reasonable efforts to ensure the description of the Recertified Product is accurate and any related images are fair representations of the Product you receive. We do not guarantee that the color and design as displayed on the Web Site will be an exact match with the Product you receive.
Recertified Products are subject to the same warranty provisions as new Products and are bound by these Terms and Conditions.
|You can contact us at (800) 370-3740 or by visiting our webpage. Please have your Web Order Number ready.|
|20.||Applications, firmware and software|
|20.1.||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.|
|20.2.||Where a firmware or software update or upgrade is necessary in order for you to use a particular App, Service, functionality or feature, you acknowledge that you may be unable to use such App, Service, functionality or feature if you do not accept such firmware or software update or upgrade.
If you choose to proceed with a firmware or software update or upgrade you acknowledge and agree that:
• by proceeding with the update or upgrade you agree to and accept the changes that the update or upgrade will make to your product or App, and that you have read and accepted the applicable release notes; and
• once you have accepted a firmware or software update or upgrade and that update or upgrade has completed, you will not be able to revert to a previous version of the firmware or software; and
• although we do our best to ensure that a firmware or software update or upgrade completes successfully, we cannot accept liability for any loss or damage caused to or suffered by your product, App and/or any other equipment where the update or upgrade is not successfully completed as a result of an event outside of our control or your failure to follow any applicable update or upgrade instructions.
|20.3.||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 license to use such firmware or software. Such licence is granted solely to enable you to use the App, Service, functionality or feature in question, and you must not copy, modify, share, distribute, sell, or lease any part of our firmware or software, or reverse engineer or attempt to extract the source code of that firmware or software, except to the extent that (i) you are permitted by law to do so; or (ii) we have given you our express prior written permission to do so.|
|20.4.||In order for you to download a firmware or software update [or upgrade], we will require certain information regarding you and your product or device.
We collect this information in the following ways:
• Information that you provide to us - this includes product or device registration information and information you provide when you subscribe for any of our Services and/or use any App or download any firmware or software.
• Information we obtain from you when you use our Services or download our firmware or software - we collect information about your use of the Services and/or App, or about the firmware or software you download. This information includes (but is not limited to):
• Registration/Subscription Information – we may collect information such as your name, address, email address, contact numbers, password, product or device identifiers, preferences and payment details. We use a third party provider to store registration information and we will share your information with them solely for that purpose. Details are available from us on written request.
• Product or Device Setup information - we may collect information about the product or device that you are using, such as your product/device model, firmware version, Mac address (if applicable), BSSID, SSID and encryption mode, network type, WiFi connection, unique product or device identifiers, device name and mobile network information. We will associate your product or device identifiers with your registration account. We use a third party provider to store registration information and we will share your information with them solely for that purpose. Details are available from us on written request.
• User Experience Tracking information – we may automatically track your use of our Apps in order to provide you with a better experience. We use a third party provider to carry out such tracking on our behalf and we will share your information with them solely for that purpose. Details are available from us on written request.
• Online Logging /Crash Log Information – when you use our services, Apps and/or download our firmware or software, we may automatically collect and store certain information, including (but not limited to):
– your global unique identifier
– details of how you used our services, Apps and/or downloaded our firmware or software;
– product or device address (Mac address, if applicable);
– operating system and firmware/software version used;
– product or device information such as settings, browser type and language, system activity, URL, number of devices connected, number of updates, number of resets, and crashes
– recovery time and whether recovery was successful.
We use this information to provide support services and for developer testing.
We use a third party provider to store registration information and we will share your information with them solely for that purpose. Details are available from us on written request.
• Auto Update Anonymous Profiling – We may collect anonymous profiling information, including (but not limited to) the App name and version used, your IP address, CPU speed, operating system, system model, installed RAM, language, network interface card type and description, use of WLAN, use of TouchInput, installation of .Net Runtime.
• Location Information – we may collect information about your country location.
• Local Storage – we may collect and store information (including personal information) locally on your product or device.