Terms of use


Please read the following terms and conditions before ordering any products from us. By purchasing products from us, you agree to our terms and conditions of sale. These terms and conditions do not affect or replace your statutory rights. In these terms and conditions, "you" and "your" refer to the customer and "we", "us" and "our" refers to Dynamique Audio Ltd.

1 CONTRACT

When you place an order to purchase a product from our website, we will send you one or more e-mails to the e-mail address you provided confirming receipt of your order and containing details of the order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that your order has been dispatched. Our acceptance of your order by confirmation e-mail constitutes a legally binding contract between us on these terms and conditions.

2. PRICE

2.1 The prices payable for goods that you order are as set out on our website, and may be subject to change without notification.

2.2 All prices quoted on our website are in UK Pounds Sterling and are inclusive of Value Added Tax (VAT) at 20% subject to changes in taxation.
  
2.3 Deliveries outside of the European Economic Community (EEC) are not subject to VAT. To calculate the non-EEC price divide the UK price by 1.2. Our website will automatically re-calculate VAT charges if you are located outside of the EEC.

2.4 Delivery charges are calculated for you on checkout. If you live outside the UK mainland, you will be required to pay extra for delivery/shipping. We may be unable to deliver to some locations.

2.5 Our delivery charges are as follows:

UK orders up to £150 in value, a flat rate charge of £5
UK orders over £150 in value, free delivery

We use Royal Mail Special Delivery for the majority of our products, but may use other couriers if we decide a product is better served by such a service, i.e. of unusually high content value, or unusual physical shipping dimensions. See section 6 for further details.

3. PAYMENT

3.1 Orders placed online are processed through Worldpay plc's secure SSL server to ensure that all of your details are kept confidential and secure. Payment can be made with any accepted credit card (including VISA, MasterCard, JCB and American Express) or debit card (including Switch/Maestro, Solo, VISA Delta and VISA Electron). Payment must clear into our account before any goods can be dispatched.

3.2 We use a digital certificate (also known as an SSL certificate) from GeoTrust, one of the world’s leading providers of digital certificates to validate our identity and encrypt all data transmissions. You can tell whether a page is secure as ‘https' will replace ‘http' at the front of the domain name in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window. (Example: https://dynamiqueaudio.cybacore.co.uk/).

3.3 We will happily accept cheques and bankers drafts as form of payment, but these are subject to full clearance to our bank account, and we may impose additional clearance time at our discretion.

3.4 All international orders are payable in UK Pounds Sterling. We also accept international money order or wire transfer. The acceptance of international credit cards, money orders and wire transfers is at our discretion.

3.5 In addition to security measures taken by Worldpay plc. when payment is processed, we may take additional security steps to authenticate the identity of any buyer in addition to other fraud-prevention techniques. This may delay the processing of your order but you will be informed of any delay. 

3.6 Once you have returned products to us under the 30 Day Home Trial (refer to section 4 for more details), any sum debited to us from your credit card will be re-credited to your account as soon as possible, and in any event within 30 days of your order provided that the goods are received by us in the condition they were in when delivered to you. If you do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
 
4. RETURNS & CANCELLATIONS

4.1 Our cables are bespoke, made to order items, but we still offer a full 30 Day returns policy, giving you the flexibility of being able to try our products in your own system and in the comfort of your own home. Should you not be happy with the product(s) for any reason, then simply contact us first and we will issue an RMA number, then return within 30 days from the date of delivery, in original condition and with all original packaging and accessories (where applicable) with the original sales receipt, for a full refund minus a 20% handling and restocking charge. Non standard cable lengths (any length not listed on our website) and custom made products are also excluded from our 30 Day returns policy. Please note that returning goods in damaged or marked condition, either to the cable or connectors will incur further re-stocking charges commensurate with the condition of the returned item, and determined at our discretion.

4.2 You may cancel your order by giving us written notice (by letter or e-mail) of cancellation at any time up from the date of order placement to the end of fourteenth day from the date of delivery. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Please be aware that you may not be able to cancel an order for non standard cable lengths (any length not listed on our website) or products that have been custom made for you, if we have made them, or are in the process of making them.

4.3 Should you wish to return products to us you will have to bear the cost of return postage (with the exception to Section 7 where we will bear the cost of return postage) and must ensure that there is sufficient insurance to cover any damage or loss which may be sustained in transit. We will advise of the most appropriate postal service based on your geographical region.
  
5. OUR RIGHT TO CANCEL YOUR ORDER

We reserve the right to cancel your order if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area;
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to typographical error; or
5.1.4 we identify a description error on one or more of the goods you have ordered.

5.2 If we do cancel your order we will notify you in writing (by letter or e-mail). If payment was made online via credit or debit card, your account will be re-credited in total as soon as possible but within 20 working days of your order. We will not be obliged to offer any additional compensation for any disappointment suffered.

6. DELIVERY, TITLE & OWNERSHIP

6.1 Goods are delivered to the address you provide at the time when you place your order with us. Please note that goods may be sent to you in installments if applicable. If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
  
6.2 Goods will be dispatched as soon as possible after your order has been accepted and normally within 10 working days of your order. Custom orders may take longer; you will be notified of an estimated delivery time when we have processed your order.

6.3 Delivery in the UK mainland is by Royal Mail Special Delivery. Royal Mail Group plc guarantee next working day delivery by 1pm but we cannot be held responsible for any delivery delays in conjunction with this service nor which are beyond our reasonable control as per Section 8. A valid signature will be required on delivery. Should you not be able to take delivery of your goods, you will be able to pick them up at your local Royal Mail depot or have them redelivered for a small charge.

6.4 In the unlikely event that you have not received all of your ordered goods within 10 working days of date of delivery you must notify us immediately.

6.5 Delivery of goods will be fully insured. Should they get lost or damaged in the post, we shall inform the relevant courier service who will then investigate the loss or damage. In case of loss, should the goods not be located, recovered or delivered by the courier, we will recover the loss from the courier. When we have been reimbursed by the courier we will re-dispatch your goods. Re-dispatch will be treated as a new order and may be subject to an additional delay.

6.6 Title and ownership of the goods you have ordered will pass to you when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction. Should you return the goods pursuant to Sections 4 and 7, then title and ownership shall revert to us when you return the goods to us.

6.7.1 International delivery may be subject to import duties and taxes, which are levied once a shipment reaches your country. Custom policies vary widely from country to country; Dynamique Audio Ltd advises each customer to contact their local customs office for further information.
6.7.2 For all international transactions, goods shall be sold on a delivered, insurance and international freight paid, duty unpaid basis. We assume no responsibility for charges attendant to customs clearance in the country of delivery, customs duty, VAT or any other charges or taxes within the country designated for delivery to you. Any such additional charges for customs clearance must be borne by you. Pursuant to Section 7.5, you are solely and exclusively responsible for compliance with all the statues and regulations governing purchase and importation of products acquired from us. Title and risk of loss, damage or destruction shall pass to you upon delivery to the port designated by you and prior to customs clearance. We shall not be liable for any shipment delays beyond our reasonable control as per Section 7.
6.7.3 Cross-border shipments may be subject to opening and inspection by customs authorities.
  
7. LIABILITY

7.1 In the unlikely event that you receive goods which were not what you ordered, or which are damaged or defective, or are of a different quality or quantity to that stated on your order form, we shall have no liability to you unless you notify us of the problem in writing at our contact address within 10 working days of delivery of the goods in question.

7.2 If you do not receive your ordered goods within 10 working days of date of delivery you must notify us immediately. 

7.3 Should you notify us of problems in accordance with conditions 7.1 and 7.2, our only obligation will be, at your option:
7.3.1 to make good any shortage or non-delivery;
7.3.2 to replace or repair any damaged or defective goods; or
7.3.3 to refund to you the amount you paid for the goods in question in whatever way we choose.

7.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damages or expenses (including, without limitation, loss of income or profits, loss of business, depletion of goodwill, administrative inconvenience or disappointment) arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.

7.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

7.6 Nothing in these terms and conditions is intended to limit any rights you might have as a customer under applicable local law or statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any (a) death or personal injury resulting from our negligence or (b) fraudulent misrepresentation.

8. EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder which is caused by any event or circumstance beyond our reasonable control (including, without limitation, acts of God, acts of civil or military authority, national or local emergencies, war, strikes, lockouts and other industrial disputes, fire, flood, lightning, tempest, technical failure, breakdown of systems or network access).

9. WARRANTY

9.1 We warrant that any product purchased from us to be free of manufacturing defects in material and workmanship, subject to the conditions below, for the lifetime of the product from the date of purchase by the original purchaser.

9.2 If a product fails due to defect in material or workmanship, we will replace or repair the product (at our option), without additional charge, to the original purchaser.

9.3.1 The warranty is void and inapplicable if the product has been misused, neglected, improperly installed, or damaged by accident.
9.3.2 The warranty is void and inapplicable if the product has been altered, modified or tampered with in any way. This includes attempts to repair defective products in any way and after sale treatments such as burn-in devices or deep freeze cryogenic treatment.
9.3.3 The warranty is void and inapplicable if the product has been used for any other purpose other than that for which it is intended.

9.4 We shall not be liable for direct, indirect, incidental, consequential, or other types of damages resulting from the use of any of our products other than the liability stated above.

9.5 The warranty does not cover connectors for the lifetime of the product. All connectors are covered by warranty for one year from the date of purchase by the original purchaser.

9.6 The product(s) must be packed and returned to us by the customer at his or her sole expense with adequate insurance to cover any damage or loss which may be sustained in transit.

9.7 Returned product(s) must be accompanied with a written description of the defect and the original sales receipt.

9.8 The warranty is for the sole benefit of the original purchaser of the covered product and shall not be transferred to a subsequent purchaser of the product.

9.9 We reserve the right to modify the design of any product without obligation to purchasers of previously manufactured products and to change the prices or specifications of any product without notice or obligation to any person.

9.10 We make no warranty, express or implied, other than that stated above.

10. INVALIDITY

If any provision of these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or part (including any provision in which we exclude our liability to you) the validity and enforceability of any of the other provisions of these conditions will not be affected.

11. PRIVACY

You acknowledge and agree to be bound by the terms of our privacy policy. Please review our Privacy policy for further details.

12. THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13. ASSIGNMENT

You are not allowed to transfer or attempt to transfer this agreement in whole or in part to any other person.

14. GOVERNING LAW

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.

15. ENTIRE AGREEMENT

15.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us.

15.2 These terms and conditions shall supersede any and all other conditions, understandings, commitments, agreements, arrangements, warranties or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and constitutes the entire and only agreement between us.

15.3 Nothing said or any representation made by any employee should be understood as a variation of these terms and conditions of the sale or as an authorised representation about the goods provided. We shall have no liability for any misleading and untrue representations save for fraudulent misrepresentations.

16. MISCELLANEOUS

16.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated on this site, without prior notice, as part of our continuous process of product and service improvement, or to improve product availability.

16.2 These terms and conditions are subject to change at any time without prior notice to you. Any such change shall not affect any contract subsisting between us at the time of such change.