You must be aged 18 or over and resident in the United Kingdom (being the island of Great Britain and Northern Ireland) before you can place an order via the Website. We will send you an email to acknowledge receipt of your order, please note that neither this acknowledgment nor receipt of your credit card details amounts to an acceptance of your order. Occasionally, goods may go out of stock after payment has been debited from your account. If this happens we will notify you by email and credit your account as soon as possible. Our acceptance of your order takes place upon Bayan Audio notifying you by email that the goods are to be dispatched to you at which point you are committed and the purchase contract is made. You will have an opportunity to identify and correct any input errors you make until you press the confirm order button. We reserve the right to decline all or part of your order for any reason whatsoever. If we do this we will notify you by email.
Prices quoted on the Website are correct at the time of publishing. Goods are priced in Pounds Sterling. Goods are invoiced in Pounds Sterling. Prices are expressed inclusive of Value Added Tax ("VAT") which will be charged at the current rate as shown on the on-line order form and are exclusive of delivery charges. Where they apply, delivery charges will be added to the price of the goods purchased so that the on-line order form shows the total charges which we will debit. (Please see our Shipping and Returns Policy for a full list of delivery charges and how they are calculated.) The prices indicated apply only to on-line purchases and are not indicative of the price of identical goods purchased at any retailer or by any other means. Prices may change from time to time so please check the up to date pricing before you submit your order.
3. DELIVERY, OWNERSHIP AND RISK
We will endeavour to deliver the goods to you within 3 to 5 working days from the date of receipt of your order, depending on the method of shipping you choose. (Please see our Shipping and Returns Policy for details of the alternatives available). Any time or date stated for delivery is an estimate only. Orders placed during a weekend or Bank Holiday or for delivery to addresses outside mainland UK may be delivered outside of this timescale. Bayan Audio make every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time. If Bayan Audio is unable to deliver the goods within 30 days beginning with the day after the day you submit your order, you will be entitled to cancel the order and require any monies paid to Bayan Audio in respect of that order to be refunded. Bayan Audio does not accept any liability for shortages or damage to deliveries which are apparent on delivery unless you notify us in writing within 7 days of delivery. Delivery is deemed to take place when the goods are delivered to your nominated delivery address, whereupon the risk of loss, breakage and damage passes to you. The goods will not belong to you until payment is received in full by Bayan Audio. Nothing in this section affects your statutory rights or any other rights you have under these terms and conditions.
4. CREDIT AND DEBIT CARD PAYMENT
You shall make payment for the goods by supplying your credit/debit card details in the on-line order form. All purchases made are subject to authorisation by the issuing card authority. We take precautions to keep the details of your order and payment secure. Security of your credit card details is important to us and so we have made arrangements for your payment and credit card details to be handled by Protx. Protx have their own security arrangements which can be viewed at www.protx.com. The Internet is not a secure medium, and we are unable to accept any responsibility for any losses caused as a result of unauthorised access to credit card and payment related information you provide us when placing an order except where this is caused by our negligence.
5. PRODUCT SPECIFICATIONS
Bayan Audio does not sell products on a trial basis, unless it has stated so from time to time. Customers are strongly advised to check the suitability and specifications of products before ordering. Nothing in this section affects your statutory rights or any other rights set out in these terms and conditions . Bayan Audio make every effort to supply the goods as advertised on the Website but reserves the right to vary actual dimensions and specifications without prior notice, to reflect upgrades or improvements to Bayan Audio's products from time to time. Bayan Audio has made every effort to display on the Website as accurately as possible the colours of our products. As the colours you see will depend on the resolution of your monitor, we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the product delivered.
6. PRODUCT AVAILABILITY
If for any reason the goods are no longer available we will notify you promptly and either:
1.1 give you the option of receiving alternative goods of similar price and quality; or
1.2 cancel the item from your order and refund you in full.
If you do not wish to accept the alternative goods offered you may cancel the order and require any money paid to Bayan Audio in respect of that order to be refunded in full. The cost of returning the alternative goods will be met by Bayan Audio.
7. WARRANTIES AND RETURNS
We have two returns policies depending on whether the goods are faulty or not as set out below.
1.3 Return of Non-Faulty Goods You may return unwanted goods within 7 working days of delivery. If the goods are sealed (such as computer software) you may only return the goods if the seals have not been broken and they are re-saleable and in the same condition in which you received them. Please see the Shipping and Returns Policy for details of our returns procedure. If you are a consumer (i.e. acting in your personal rather than a business capacity) this right of return satisfies your statutory right to return goods as set out in more detail in clause 13 below.
1.4 Return of Faulty Goods All goods supplied by Bayan Audio are warranted to be generally free from defects in workmanship and materials and fit for the purposes for which such goods would normally be used. Products found to be faulty or defective may be returned as set out below. This warranty does not apply to the extent that any fault or defect is caused by the goods having been altered or damaged or having been used other than in accordance with the manufacturer's instructions or neglect or misuse.
If you discover a fault in the goods then you should return them within a reasonable time of discovering it. Please see our Shipping and Returns Policy for details of the returns procedure. Nothing in this section affects your statutory rights.
1.5 To the fullest extent permitted by law we will not be liable to you or any third party for any:
1.5.1 loss of business, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure and/ or loss of data; and/or
1.5.2 any other loss or damage which does not result directly from the actions of Bayan Audio, its sub-contractors or agents.
1.6 In any event our liability to you in connection with any order will not exceed the total price charged for the goods purchased
1.7 Nothing in these Product terms & conditions excludes our liability for personal injury or death caused by our negligence nor does it exclude our liability for fraud or fraudulent misrepresentation.
You are responsible for all use made of the goods purchased via the Website. We draw your attention to the copyright and trade mark notices which may be present on the goods which you purchase from us and remind you that it is, in most circumstances, an offence to copy any part or all of acopyright work (which includes pictures, graphics and/or music) belonging to another party. All rights, including copyright, in the content of any computer software programmes or other content made available for downloading from the Website are owned or licensed for these purposes by Bayan Audio. In downloading and installing any software, you agree that you may only use the software or content for your own personal non-commercial use. 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 software or content for any other purpose whatsoever without the prior written permission of Bayan Audio. While Bayan Audio has made every effort to ensure that the software or content contain no errors, viruses or bugs, it makes no warranty or representation (whether express or implied) that this is the case. Bayan Audio cannot be held responsible for the installation and download of the software or content onto your computer and accepts no liability whatsoever for any direct, indirect or consequential loss or damages arising from or connected to the use of the software or content. You are advised to ensure that you take precautions to protect your computer from virus infection.
Your personal information is important to us. Please see details in our Privacy Statement.
11. HEALTH AND SAFETY
In accordance with the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987, Bayan Audio confirms that the goods it supplies do not present a hazard to health and safety when properly used in accordance with the manufacturer's instructions for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use.
12. FORCE MAJEURE
Where, in spite of its reasonable efforts, Bayan Audio is unable to perform an obligation due to an act of force majeure including acts of God, civil commotion, riots, flood, drought, fire and legislation, we shall not be deemed to be in breach of our contract with you.
13. YOUR RIGHTS AS A CONSUMER
If you are a consumer (i.e. acting in a personal rather than a business capacity) we respect all your statutory rights including the following:
We provide you with information relating to the goods in writing (including our contact details, a description of the goods, prices and delivery charges, arrangements for payment and delivery and your right to cancel contracts). This information is set out in the on-line order form, these Product terms and conditions , and the e-mail acknowledgement of your order.
We will deliver the goods to you within 30 days beginning with the day after the day you submit your order via the Website.
We will let you know if we are unable to supply the goods within the 30 day period because the goods are not available. If we are able to supply alternative goods of similar quality and price we will give you this option. If you decide not to accept the alternative goods, we will pay the cost of returning these alternative goods. If you would rather treat the contract as cancelled we will reimburse all sums you have paid.
You can cancel your purchase within 7 working days after the date the goods are delivered to you provided that in the case of goods which are sealed, such as computer software the seals have not been broken. If you wish to cancel your order, you must notify us in writing or another durable medium. This includes by letter, fax or email. (Please use the contact for, on the Website).
If you exercise your right to cancel we will within 30 days of you cancelling the contract reimburse all sums you have paid free of charge, but you may be responsible for the direct cost of returning the goods. Please see the Shipping and Returns Policy for more details. Nothing in this section affects any other statutory rights you may have or any other rights you may have in these terms and conditions .
14. ERRORS AND OMISSIONS
Although we try to ensure that all prices on our Website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and you will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid for the goods.
Nothing in these product terms and conditions affects your statutory rights, either as a consumer or otherwise.
If any part of these product terms and conditions is held to be invalid or unenforceable, it shall be deemed severed but this shall not affect the validity or enforceability of the remaining provisions. The headings are for convenience only and shall not affect the interpretation of these product terms and conditions
These product terms and conditions shall be governed by and construed in accordance with the laws of England and you submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based. Bayan Audio reserves the right to change or amend these product terms and conditions
Bayan audio reserves the right to change or amend these product terms and conditions at any time. You should check each time before you place an order. By placing an order you will be treated as having accepted the terms and conditions currently available from this website at the time the order was placed.
16. FURTHER INFORMATION
If you have any queries regarding these Product terms and conditions or regarding submitting orders via the Web Site, please contact us by completing the contact form
The "bayanaduio.com" website is operated by and the products available for purchase on the website are supplied by Bayan audio limited, a company registered in England and Wales under registered number 6429752 and whose registered office address is at 1 conduit street London w1s 2xa
Our Head Office address is: