Clearer Audio :: Terms and Conditions

Please read the following terms and conditions of sale carefully before ordering products from us. By purchasing goods from us, you agree to these

terms and conditions of sale. These terms and conditions do not replace or affect your statutory rights. In these terms and conditions, "you" and "your"

refer to the customer and "we", "us" and "our" refer to Clearer Audio Ltd.

1.1 These terms and conditions govern the supply of goods by Clearer Audio Ltd (Registered in England No. 5056859) of 17 Central Avenue, Rochford,

Essex, SS4 3BQ to the customer named on the order payment form provided on our website or on the printable order form. No contract for the sale of

any goods will subsist between us unless we accept your order by way of an e-mail confirming that we have received payment in full for all the goods

you have ordered. Our acceptance of your order by confirmation e-mail constitutes a legally binding contract between us on these terms and

2.1 The prices payable for goods that you order are as set out on our website at the time you place your order (plus any additional charges, for

delivery outside the UK mainland for example). Prices on our website may be subject to change without notification.

2.2 Prices of the goods on your order need to be validated by us prior to processing your order. If there is an error in the price, we will inform you of

the correct price and will give you the opportunity to purchase goods at the correct prices.

2.3 All prices quoted on our website are in UK Pounds Sterling and inclusive of Value Added Tax (VAT) at 15% subject to changes in taxation.

2.4 Delivery is free in UK mainland. If you live outside UK mainland then you will be required to pay extra for delivery and it might not be possible for us

to deliver to some locations. For further information on delivery see Sections 4 and 6.

2.5 Deliveries outside of the European Economic Community are not subject to VAT. To work out the non-EEC price divide the UK price by 1.15. Our

online store will automatically calculate the VAT charges if you are located outside of the European Economic Community.

3.1 Orders placed online are processed through our SSL server to ensure that all of your details are kept confidential and secure. If payment is to be

made with a credit or debit card then once we receive your details payment will be processed through HSBC Bank plc. Payment can be made with any

accepted credit card (including VISA, MasterCard and American Express) or debit card (including Switch/Maestro, Solo, VISA Delta and VISA Electron).

3.2 We accept cash payments but these must be sent via insured post (such as Royal Mail Special Delivery) as we cannot be held responsible for

any money lost in the post. Large cash payments may be subject to bank clearance before goods are dispatched. Postal order, money order, bankers

draft are also accepted. We accept personal cheque payments but cheques must clear before goods are dispatched.

3.3 All international orders are payable in UK Pounds Sterling. Payment can be made through our website with an accepted credit or debit card as

detailed in Section 3.1. We also accept international money order or wire transfer. The acceptance of international credit cards, money orders and

3.4 In addition to security measures taken by HSBC Bank 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.

3.5 It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be

prosecuted to the fullest extent of the law. We track the electronic 'fingerprints' of every order placed on our site to enable us and all legitimate crime

prevention and prosecution authorities to trace individual users engaging in criminal activities on our site.

4.1 We want you to be happy with the products you buy from us so we offer a 60 Day Money Back Guarantee so that you have the flexibility of being

able to try our products in your own system, in the comfort of your own home. Should you not be happy with any product(s) for any reason, then

simply return the product(s) within 60 days of the date of delivery, in original condition, with the original sales receipt, for a full refund. Non standard

cable lengths (any length not listed on our website) and custom made products are excluded from our 60 Day Money Back Guarantee.

4.2 You may cancel your order by giving us written notice (by letter, fax or e-mail) of cancellation at any time up from the date of order placement to

the end of sixtieth 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 ensure that there is sufficient insurance to cover any damage or loss which may be sustained in transit.

5.1 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, fax 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

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

6.2 There are no delivery charges payable by you on orders delivered to UK mainland addresses. If you live outside UK mainland then you will be

required to pay extra for delivery. In addition, it might not be possible for us to deliver goods to some locations.

6.3 Goods will be dispatched as soon as possible after your order has been accepted and normally within 20 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. Orders for Silver-line Optimus Reference

6.4 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

6.5 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.

6.6 Delivery of goods will be insured. Should they get lost or damaged in the post, we shall inform the Royal Mail Group plc whom will then investigate

the loss or damage. In case of loss, should the goods not be located, recovered or delivered by the Royal Mail Group plc we will recover the loss from

the Royal Mail Group plc. When we have been reimbursed by Royal Mail Group plc we will re-dispatch your goods. Re-dispatch will be treated as a new

6.7 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.

6.8.1 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; Clearer Audio Ltd advises each customer to contact their local customs office for further information.

6.8.2 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.

6.8.3 Cross-border shipments may be subject to opening and inspection by customs authorities.

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 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

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 problem in accordance with conditions 7.1 and 7.2, our only obligation will be, at your option:

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 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)

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

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

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 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

9.5 The warranty does not cover connectors for the lifetime of the product. All connectors are covered by warranty for two years from the date of

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

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

9.9 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

9.10 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.

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.

You acknowledge and agree to be bound by the terms of our privacy policy. To review our privacy policy please click here.

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

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

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

15.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of

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

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

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. Any purchase from the date that the amended terms and conditions are placed on our site onwards