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AudioGO Terms & Conditions UK

Terms & Conditions of Website use

These terms (along with our privacy policy - www.audiogo.com/uk /privacy) explain the way we operate www.audiogo.com/uk, how we allow you to use the site, and how we will supply products listed on the site to you. Please read these terms to understand our practices. If you have any questions, please contact us here.

By using the site you wholly accept these terms. If you do not agree to these terms, you are not permitted to use the site or order products from it.

Please note that these terms are subject to change, and it is your responsibility to check them regularly in case there are any changes.

ABOUT US
1. We are AudioGO Limited. We operate the site www.audiogo.com/uk. We are a company registered in England and Wales under company number 1315795. Our registered office and main trading address is St James House, The Square, Lower Bristol Road, Bath, BA2 3BH. Our VAT number is 991257687.If you have any questions about us, our site or products that we offer, please contact us by writing to the above address or emailing us here ;
AVAILABILITY OUTSIDE OF THE UNITED KINGDOM
1. www.audiogo.com/uk is directed at residents of the United Kingdom. It is not directed at any person in any country where the publication or availability of the site is prohibited. We cannot confirm that either the site or our products are appropriate for use in, or are permitted by the laws of, all countries.
2. If you are resident outside the United Kingdom, you use this site at your own risk. We are often able to accept orders from residents outside of the United Kingdom but there are licence restrictions on our ability to accept orders from, or make deliveries to, specific countries. These restrictions may vary depending on the product that you wish to order, and will normally be displayed on the web pages for the relevant products. See Section (EXPORTS & IMPORT DUTY) for more information on orders made from outside the United Kingdom, or contact us here if you have any questions.
YOUR STATUS
1. By placing an order through our site, you confirm that:
  1. you are legally capable of entering into binding contracts;
  2. you are at least 18 years old; and
  3. the information that you have provided to us is correct and complete.
2. Our products are not generally age restricted. However, some may contain material that are not appropriate for some users. If you do order an age-restricted product you are confirming to us that you are over the age limit for that product. It is your responsibility to ensure that the intended recipient of any product is of a suitable age. We urge you to act responsibly when choosing products for use by others.
ACCESSING & USING THE SITE
1. The site is for personal and non-commercial use. You must not use the site except to the extent necessary for your own personal use.
2. We cannot guarantee that the site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the site. We may periodically withdraw, suspend or modify the site or certain features or parts of the site where we have reason to do so. There may also be times when the site or certain features or parts of the site become unavailable on an unscheduled basis. We will not be liable to you for any withdrawal, modification, unavailability, suspension or discontinuance of the site or any service available on or through the site on a temporary or permanent basis.
YOUR USER ACCOUNT
1. To buy products from the site you must be registered with us.
2. You may register and create an account on the site by clicking on the My Account link and following the on-screen prompts. The way that we use the information you provide to us is explained at www.audiogo.com/uk/privacy. Providing incorrect details may result in rejection of any orders you make.
3. When registering you will create a username and password for your account. You may not share these with anyone. You are responsible for all use of these details and all use of your account. You must tell us immediately of any unauthorised use that comes to your attention.
4. We may suspend or terminate your account if it appears to us that you are, or your account has been used, in breach of these terms (including by providing false registration details or other misuse of the site). If your account is suspended or terminated you must not re-register on the site without our approval.
HOW TO MAKE A PURCHASE
1. Once you find a product that you wish to purchase on the site, you can place an order by following the on-screen directions. Further information on this and how to correct any errors with an order are at www.audiogo.com/uk/help. All orders that you make are subject to acceptance by us and availability. Your order constitutes an offer to buy a product.
2. After placing an order, you will receive an e-mail acknowledging that we have received your order. The e-mail will state the product(s) you have ordered, the cost (including VAT and delivery charges), and delivery and invoice details. Although your order is acknowledged at this time, please be aware that there are occasions when some or all of your order will be refused by us at a later time – this most commonly occurs for the reasons set out below in this Section, and in Sections 2 (AVAILABILITY OUTSIDE OF THE UNITED KINGDOM) and 7 (AVAILABILITY & PRE-ORDERS).
3. You will be charged for your order as soon as it is placed.
4. If for any reason (such as stock limitations) we are unable to process your order after it has been acknowledged, you will be made aware of this and the reason why as soon as we reasonably can.
5. There may be situations where, after you have placed your order, there is a change to the expected delivery date or features of a product, or the price increases for reasons outside of our control. It may also be that, by mistake, we have not stated the correct information about a product or the correct price. Where this happens we will usually let you know the correct information so that you can decide whether you wish to continue with an order for the product on the basis of the corrected information. If you decide not to continue with an order, we will give you a full refund of any amount that has been paid in advance in accordance with Section (OUR REFUNDS POLICY).
AVAILABILITY & PRE-ORDERS
1. We try to make sure that availability and delivery information is displayed on our site. However, we may occasionally be unable to supply a particular product despite it being shown as in stock – we will let you know if this applies to you as soon as we reasonably can.
2. We will aim to retain items within your library for at least 3 months from the date that they are placed. Certain items, including promotional and purchased items, may expire automatically or need to be removed for rights related or other legal reasons. We will remove items without warning in these cases. Therefore we recommend that you download your items as soon as possible. You can then save them to your computer, burn to disc or import into your music library or device.
3. Where a product is shown on the site prior to general release, the information and price for that product will be subject to change, and availability cannot be confirmed until we have received the product. If the price for a pre-released product that you have ordered goes up, we will let you know the correct price so that you can decide whether to continue with your order at that price.
DELIVERY - PHYSICAL PRODUCTS
1. Where we accept an order from you for a physical product (as opposed to a download), if no despatch date or in-stock date is stated by us, we will dispatch it within 21 days of the date we acknowledge your order (unless there are exceptional circumstances). If you do not receive your order within [14] days of when it is expected, please contact us here – please note that pre-orders and out-of-stock items will often take longer to dispatch.
2. Delivery will be made to the address specified when you made the order – this must be the same as the address of your payment card.
3. We use a variety of delivery methods depending upon the delivery address and nature of the products that you have ordered. Sometimes a signature will be required at delivery. If no-one is able to sign for a delivery, the courier will normally give you a period within which to rearrange delivery. If you do not do so within this period, your order may be returned to us. If your order is returned to us, we will treat it in accordance with Section (OUR REFUNDS POLICY) and you may need to make a new order.
4. Ownership of a physical product that you have ordered will pass to you when we dispatch it or, if later, once we have received full cleared payment for the product and any related delivery charges.
DELIVERY - DOWNLOADS
1. Audio downloads, and other digital content that we offer for download, will only be made available for you to download once your payment has been authorised.
2. Our downloads are made available in ‘My Download Library’ which is accessible from the My Account section of www.audiogo.com/uk - for more information on the download file format and access to downloads, please visit www.audiogo.com/uk/help. You will need your own internet connection to access the download, and sufficient free space on your computer’s hard drive to store and use it.
3. Once your order for a download is accepted it will be available for you to download over a period of at least 3 months from the date of your purchase. You may be unable to access the download on www.audiogo.com/uk after this period (or for short periods during this time – see Section (ACCESSING & USING THE SITE)). We do not normally apply restrictions to the number of times that you can access a download on the site but we do monitor your access; if your history of accessing a download suggests to us that you are in breach of Section (PROTECTION OF INTELLECTUAL PROPERTY), we may suspend or terminate your account and access to all downloads.
4. If you have problems accessing a download that you have purchased please see the additional information at www.audiogo.com/uk/help and, if this does not answer your question, contact us here.
PROTECTION OF INTELLECTUAL PROPERTY
1. You may only use downloads, materials or software that we offer or provide to you for personal, non-commercial purposes. Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution is prohibited and will constitute copyright infringement. In particular, you must not upload anything that you have obtained from us to a network or file-sharing service. For further information, please contact us here .
2. If we or anyone that supplies downloads, materials or software to us suspects that you are in breach of these terms, we will cooperate with our supplier to stop any misuse. Amongst other things, this may involve us cancelling your account and ability to access downloads on www.audiogo.com/uk, and telling the supplier who you are. You may face legal action if you breach intellectual property rights, or usage restrictions that apply.
3. Some downloads, materials and software include security technology to protect them from misuse, and may also have particular usage restrictions. Any particular usage restrictions will be stated on our site where the product is advertised.
PRICE AND PAYMENT
1. We aim to ensure that the pricing of products and delivery charges on www.audiogo.com/uk are correct at all times. However, errors may occur. We reserve the right to change prices without prior notice at any time prior to dispatch.
2. Prices on the site include VAT at the current rate. If the VAT rate changes and this increases the price of an order that you have placed, we will let you know.
3. Prices on the site exclude delivery charges, which will be added to the total amount of your order. We do not add a delivery charge to downloads but internet access is needed (at your own cost). See www.audiogo.com/uk/help for more information on our delivery charges.
4. Product prices and delivery charges are liable to change at any time, but changes will not normally affect orders that we have already accepted.
5. Payment to us must be by credit or debit card or through the PayPal or Google Checkout sections of our site. For further information on our payment options see www.audiogo.com/uk/help.
6. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, your order will not be accepted and AudioGO will not be responsible for any delay or non-delivery.
EXPORTS & IMPORT DUTY
1. Products that are sent by us to addresses outside of the European Union are often not subject to VAT.
2. If your order is for delivery outside the UK, it may be subject to import duties and taxes. You will be responsible for all such import duties and taxes. We have no control over these charges and cannot predict their amount. If you have any questions, please contact your local customs office before placing an order.
3. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any laws.
CANCELLING YOUR ORDER – PHYSICAL PRODUCTS

This section does not affect your statutory rights and does not apply to downloads.

1. You may cancel an order at any time before we despatch it. If your order has not been dispatched, and we have sufficient time to prevent dispatch, we will not send it to you and we will refund your payment.
2. If you cancel an order too late for us to prevent dispatch you can refuse to take delivery so that the order is returned to us and, provided that you have not opened or damaged the order, we will refund payment to you. Alternatively, you can cancel an order after receiving it by following the process outlined below.
3. You may cancel an order after you have received it within 30 days of the date of your order. If you are within the European Union you also have the right to cancel an order within seven working days of the date that your order is delivered, if this is longer. The right to cancel does not apply to the products described below or to downloads.
4. You will not be able to cancel an order for non-faulty audio or video recordings (including cassettes, CDs and DVDs) and software products unless they are unopened and the seal (if any) on the product is intact.
5. To cancel you must:
  1. inform us within the relevant time period stated above by writing to our address (as shown in Section 1 (ABOUT US)) or using this form; and
  2. return the products to us immediately, in the same condition in which you received them, and at your own cost. You must take reasonable care of the products while they are in your possession. The products remain your responsibility until they are received by us – we recommend that you use recorded or registered post to return products to us as we are not responsible for non-delivery of products to us.
6. If you do not return an order to us within 30 days of telling us that you wish to cancel it then, after our reasonable attempts to recover the order, you will be treated as if you have accepted it. At this time, a new contract will be made and you will be charged for your order at the price set out on www.audiogo.com/uk.
7. If you do validly cancel an order you will receive a full refund of the price paid for that order in accordance with Section (OUR REFUNDS POLICY). Further information on how to cancel is at www.audiogo.com/uk/help.
CANCELLING YOUR ORDER – DOWNLOADS
1. After you order a download our systems will usually make it available to you on our site as soon as we have confirmed your order (there may be a delay whilst we authorise your payment). Once the download is available to you, you cannot cancel your order.
2. If you are unable to start the download process or wish us to provide a replacement for a file that is defective please contact us here and, where we have caused the problem, we will replace or refund the download.
3. We hope that you will enjoy your download but if you are unsatisfied with it for any reason, please contact us within 30 days of your order. If you do this we may help you by exchanging if for a different download or offering you a refund, but this is at our discretion.
FAULTY OR INCORRECT PRODUCTS
1. In the unlikely event that any product you purchase is damaged, or faulty when delivered to you, or is not what you ordered, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights.
2. If you believe a product is faulty or damaged prior to delivery to you please return the product to us. Our policy on damaged and faulty products does not affect your statutory rights.
OUR REFUNDS POLICY
1. If you return a Product to us:
  1. because you have cancelled an order within the periods outlined in Section (CANCELLING YOUR ORDER – PHYSICAL PRODUCTS), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. We will refund the price of the relevant products in full, and any applicable delivery charges. You will be responsible for the cost of returning the item to us.
  2. for any other reason (for instance, because a product is faulty or incorrect), we will examine the returned product and confirm your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a relevant product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
GIFT VOUCHERS
1. Gift vouchers may be purchased from us. These gift vouchers can only be used to add credit to an account on www.audiogo.com/uk. Gift vouchers may be subject to specific terms stated on them in addition to these terms.
2. Once purchased, a gift voucher will be available in a digital pdf file format in your account on www.audiogo.com/uk. The gift voucher will state a unique single use claim code. To give the gift voucher to another person, you will need to send them a copy of the pdf file or the claim code itself. A gift voucher must be redeemed in full as a credit to a new or existing account with www.audiogo.com/uk. It may then be used, in part or full, against purchases on www.audiogo.com/uk. Gift vouchers are not redeemable on purchases from other sites that we may operate.
3. A gift voucher can be cancelled within 30 days of the purchase date unless it has been redeemed. Once redeemed a gift voucher may not be cancelled.
4. To redeem a gift voucher, you must be registered with an account on www.audiogo.com/uk. The claim code stated in the gift voucher will need to be entered into the ‘Redeem Gifts’ section of your account. Once the code is entered for the first time, credit equal to the full value of the gift voucher will be added to your account on the site. This credit can be used on any purchase made in GBP sterling on the site. Any credit on an account will be lost when that account is closed.
5. If the value of an order exceeds the value of the credit redeemed from a gift voucher the balance must be paid in the normal way. Refunds on any purchase made with a gift voucher will be made by adding credit to your account.
6. Each gift voucher, and the credit that may be redeemed against it, expires one year from the date of purchase. Gift vouchers are transferable and have a cash redemption value of 0.001p. Gift Voucher balances and refunds are not transferable and also have a cash redemption value of 0.001p.
7. Please make sure that gift voucher recipients who are under 16 are supervised so that they do not order products that are restricted to adult customers.
COMPETITIONS AND OFFERS
1. All competitions and offers that we make available will be subject to these terms and the specific conditions that are stated to apply to it.
2. If we provide you with a free gift or promotional product in connection with a purchase and you decide to cancel or return your purchase, you must also return the free gift or promotional product.
OUR LIABILITY
1. Products purchased through www.audiogo.com/uk will correspond with their description on the site, and (unless the site says to the contrary) that they will be of satisfactory quality and fit for non-commercial, domestic use in United Kingdom as described in the manufacturer's specification. We also promise that we will carry out our responsibilities with reasonable skill and care. We do not make any other promises or warranties about the products, or our performance of our responsibilities in these terms.
2. Other than in the case of death or personal injury due to our negligence or where we have acted fraudulently, our maximum liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).
3. We do not accept responsibility for any loss or damage that is:
  1. not a foreseeable result to both you and us of a breach of the relevant duty (as at the time that you submit your order);
  2. related to a business; or
  3. related to loss or damage to premises or property unless caused by our negligence or deliberate misconduct.
4. The above limitations on our liability do not affect your non-excludable statutory rights as a consumer.
5. You are responsible for the use of products that you obtain from us. We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the products in countries outside the United Kingdom.
6. Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.
PRIVACY AND SECURITY

Information on privacy and security is set out in our Privacy Policy at www.audiogo.com/uk/privacy.

COPYRIGHT PROTECTION FOR OUR SITE
1. All rights, including copyright, in the content of www.audiogo.com/uk are owned, licensed to or controlled by AudioGO. In accessing the site you agree that you may only download the content for your own individual and non-commercial use where it is permitted by us. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the site’s web pages for any purpose without our prior written permission. You may not, create unauthorized framing of, or deep linking to, the site or the creation of derivative works of the site.
GENERAL
1. Any failure, or delay by us in exercising any right or remedy under these terms shall not prevent us from being able to enforce that, or any other, right or remedy at a later time.
2. If any provision of these terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect.
3. We may transfer any of our rights and/or transfer, sub-contract or delegate any of our responsibilities under these terms. Where we do so, we will take reasonable steps to ensure that it does not affect your ability to rely on your rights.
4. These terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party – you may only transfer or assign your rights under these terms with our prior consent (which we will not unreasonably refuse) or in accordance with Section (GIFT VOUCHERS).
5. We will rely upon these terms and any information expressly referred to in them in relation to the subject matter of any order or other contract between you and us. While we accept responsibility for statements made by our staff, please ask for any variations to these terms to be confirmed in writing.
6. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
7. We may change these terms to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. When we do so, we will provide access to the new terms at www.audiogo.com/uk/terms. The new terms will take effect immediately, and govern all use of the site and transactions with us through the site from that time onwards. If you do not agree with a new version of the terms, you must cease to use the site.
8. A copy of these terms is available on written request to: AudioGO Customer Services, St James House, The Square, Lower Bristol Road, Bath, BA2 3BH. Any formal legal notices should also be sent to us at this address.
LAW AND JURISDICTION

English law applies to these terms and all orders. Any dispute arising out of or in connection with these terms and/or any order will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there.

Last updated: 5 January 2012