This page together with the documents expressly referred to on it, which including our Privacy and Cookies Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.bowers-wilkins.fr (our site) to you.
In these Terms “we” and “us” means B&W Group Limited (Company Number 880499) whose registered office is at Dale Road, Worthing, West Sussex BN11 2BH and “you” means you the customer.
These Terms will apply to any contract between us and you for the sale of Products to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
These Terms together with your Order constitute the entire Contract between us and you for the supply of Products and/or services (Services) and/or your use of any Applications /downloads of Firmware or Software. All other terms and conditions are excluded to the fullest extent permitted by law.
If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products and/or Services and/or your use of any Applications /downloads of Firmware or Software, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on 14 October 2016.
These Terms, and any Contract between us, are only in the English language.
|1.||Information about us|
|1.1.||We operate the website www.bowers-wilkins.fr.|
|1.2.||We are B&W Group Limited, a company registered in England and Wales under company number 880499 with our registered office and main trading address at Dale Road, Worthing, West Sussex BN11 2BH. Our VAT number is FR 20822731337.|
|1.3.||To contact us, please see our Contact Us page.|
|2.1.||The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images, especially where our Products contain natural product components such as wood.|
|2.2.||The packaging of the Products may vary from that shown on images on our site.|
|2.3.||All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.|
|3.||Use of our site|
|Your use of our site is governed by our Terms. Please take the time to read these, as they include important terms which apply to you.|
|We only use your personal information in accordance with our Privacy and Cookies Policy. For details, please see our Privacy and Cookies Policy. Please take the time to read these, as they include important terms which apply to you.|
|5.||If you are a consumer|
|This clause 5 only applies if you are a consumer.|
|5.1.||If you are a consumer, you may only purchase Products from our site if you are at least 18 years old and are accessible by landline or mobile telephone. We may require proof of age.|
|5.2.||As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.|
|6.||If you are a business customer|
|This clause 6 only applies if you are a business customer.|
|6.1.||If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.|
|6.2.||All orders placed online will be treated for tax purposes as Business to Consumer transactions.|
|6.3.||These Terms and any document expressly referred to in them, including our Privacy and Cookies Policy, constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them, including our Privacy and Cookies Policy.|
|7.||How the contract is formed between you and us|
|7.1.||For the steps you need to take to place an order on our site, please see our support page. You may only place an order using our site - we are unable to accept orders placed in any other way.|
|7.2.||Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.|
|7.3.||After you place an order, you will receive an e-mail from us acknowledging that we have received your order and provide you with an order number. However, please note that this is for reference only and does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.|
|7.4.||We will confirm our acceptance to you by sending you an e-mail that confirms that your order has been accepted by us (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.|
|7.5.||Whilst we will make every effort to supply you with the Product you order from us, there may be occasions when we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, in which event we will inform you of this by e-mail or telephone and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.|
|8.||Our right to vary these terms|
|8.1.||We may revise these Terms from time to time in the following circumstances:
8.1.1 changes in how we accept payment from you;
8.1.2 changes in relevant laws and regulatory requirements;
8.1.3 when we update our Terms.
|8.2.||Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. We reserve the right to change and update these Terms from time to time and recommend that you revisit this page regularly and each time you place an Order to keep up to date with the current Terms that apply to your Order and your use of our website. By placing an Order for the purchase of any Products and/or Services from us and by continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our Terms.|
|9.||Your consumer right of cancellation, return and refund|
|This clause 9 only applies if you are a consumer.|
|9.1.||If you are a consumer, you have a legal right to cancel a Contract [under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 ] during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these Regulations is available from your local Citizens' Advice Bureau or Trading Standards office.|
|9.2.||However, this cancellation right does not apply in the case of:
9.2.1 any made-to-measure or custom-made products or products made to your specification or clearly personalised; or
9.2.2 any digital or downloadable product or software if you have commenced the download: or
9.2.3 (For reasons of hygiene) any accessories if opened
|9.3.||Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is entered into. If the Product has already been delivered to you, you have a period of 14 (fourteen) days within which you may cancel, starting from the day after the day you receive the Products.
If the Contract relates to multiple Products ordered by you in a single order but some Products are delivered on different days, the cancellation period ends at the end of 14 days after the day you receive the last of the Products.
|9.4.||To cancel a Contract, please contact us in writing using the prescribed form by clicking here or by sending an e-mail to email@example.com or by sending a letter to Cancellation Request, Online Shop B&W Group Limited Dale Road, Worthing BN11 2BH. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.|
|9.5.||The procedure to claim a refund under your right to cancel is as follows:
9.5.1 To make arrangements for return please telephone: France - +33 (4) 37 46 15 00 Belgium or Luxembourg - +32 (0) 32 06 75 50 Switzerland - +41 (43) 433 61 50 Between 09.00 and 17.00 Monday to Friday (excluding public holidays).
9.5.2 It is your responsibility to arrange shipment, prepay any return delivery charges and insure the shipment or accept the risk if the Product(s) is/are lost or damaged in transit. We recommend that you use a courier such as UPS or DPD who can provide tracked delivery. In the event of a lost/damaged shipment it is your responsibility to resolve directly with the courier. Your Product(s) must be returned to us without undue delay and, in any event, within 14 days after the day on which you inform us of cancellation.
|9.6.||You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for except where you have elected for any form of delivery other than standard delivery, in which event we will only reimburse you the standard delivery charges, but we will not refund you any return delivery charges incurred by you. We will process the refund due to you as soon as possible and, in any case, unless we have agreed in writing to collect the Product(s) from you, we will reimburse you:
9.6.1 within 14 days of the day on which we receive the Product(s) back; or
9.6.2 if earlier, the day on which you supply us with evidence of having sent the Product(s) back.
Otherwise, we will reimburse you 14 days after the day on which we are notified by you of your decision to cancel the Contract. If you returned the Products to us because they were faulty or misdescribed, please see clause 9.7.
|9.7.||If a Product was supplied in error, is incomplete or faulty and you believe you are entitled to a replacement or repair, please telephone France on +33 (4) 37 46 15 00, Belgium or Luxembourg on +32 (0) 32 06 75 50 or Switzerland on +41 (43) 433 61 50 between 09.00 and 17.00 Monday to Friday (excluding public holidays); If you have returned the Products to us under this clause 9 because they are faulty or misdescribed, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.|
|9.8.||We refund the original payment method used by you to pay.|
|9.9.||If the Products were delivered to you then, unless we have agreed in writing to collect the Product(s) from you:
9.9.1 you must return the Products to us without undue delay and in any event not later than 14 days after the day on which we are notified by you of your decision to cancel the Contract;
9.9.2 unless the Products are faulty or not as described (in this case, see clause 9.7) or we have failed to provide you with the information we are legally obliged to provide to you about you bearing such costs, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. The carriage costs we charge for collection of will vary dependant on the product.
9.9.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
|9.10.||Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.|
|9.11.||As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.|
|10.1.||Your order will be fulfilled by the estimated delivery date set out in our delivery terms, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.|
|10.2.||Delivery will be completed when we deliver the Products to the delivery address you gave us as shown in the Order Confirmation. Orders will not be accepted and Products will not be delivered to any address outside of Austria, Belgium, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Spain and Switzerland. Orders and deliveries will not be possible for residents in the Andorra, Azores, Campione d'Italia, Canary Islands, Ceuta, Channel Islands, Gibraltar, Lichtenstein, Madeira, Melilla, Monaco, Netherlands Antilles or BFPO addresses. Subject to the preceding provisions of this clause 10.2, we will deliver your Products to the delivery address as shown on your Order Confirmation.|
|10.3.||If no one is available at your address to take delivery, our nominated courier will leave you a card advising that the Products have been left with a neighbour or returned to their local depot. If your Product has been returned to depot, please contact the courier to rearrange delivery using the details on the card.|
|10.4.||Title to and risk of loss in your Products will pass to you on delivery of the Products to the address for delivery stated in your Order Confirmation.|
|10.5.||You own the Products only once we have received payment in full, including all applicable delivery charges.|
|10.6.||Upon delivery of the Products to our courier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.|
|10.7.||Certain small items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use courier delivery for maximum security and tracking.|
|10.8.||You may cancel your Order at any time prior to delivery of the Product ordered by clicking here or by sending an email to firstname.lastname@example.org or by calling France on +33 (4) 37 46 15 00, Belgium or Luxembourg on +32 (0) 32 06 75 50 or Switzerland on +41 (43) 433 61 50 between 09.00 and 17.00 Monday to Friday (excluding public holidays); and in all cases quoting your Order Number.|
|11.||No international delivery|
|11.1.||Unfortunately, we do not deliver to addresses outside of Austria, Belgium, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Spain and Switzerland. We do not deliver to Andorra, Azores, Campione d'Italia, Canary Islands, Ceuta, Channel Islands, Gibraltar, Lichtenstein, Madeira, Melilla, Monaco, Netherlands Antilles or BFPO addresses.|
|11.2.||You may place an order for Products from outside the countries listed in clause 11.1, but this order must be for delivery to an address in the countries listed in clause 10.2.|
|12.||Price of products and delivery charges|
|12.1.||The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.|
|12.2.||Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.|
|12.3.||The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in France for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.|
|12.4.||The price of a Product does not include delivery charges. We offer free delivery except where expedited may be offered as an extra paid-for service. We offer same day courier dispatch on all headphones and speakers if ordered before 3pm CET Monday – Friday. Once dispatched, product orders can take up to 3 business days to arrive. Accessories are dispatched by 1st Class UK Air Mail and can take up to 6 business days to arrive. All orders are shipped directly from our Bowers & Wilkins factory headquarters in the UK. Orders placed at the weekend or on a UK public holiday will be processed the next business day. For full details please view our Delivery Policy.|
|12.5.||Delivery of Digital Products will be available once payment is confirmed.|
|12.6.||Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will, at our discretion either:
12.6.1 contact you in writing to inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order; or
12.6.2 cancel your order.
We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
|13.||How to pay|
|13.1.||You can only pay for Products using a debit card, credit card or PayPal. We accept the following cards: VISA Credit, VISA Debit, MasterCard Credit, MasterCard Debit, VISA Electron and American Express.
All transactions on our site are in Euros. We do not accept any other currency. If you use a payment method operated in another currency, your payment issuer will determine the exchange rate to be applied to the Euros amount and may charge an administration fee.
You must supply your payment details when you place your order. Your payment method will be charged when we issue your Order Confirmation. We will not ship your Products nor perform any Services until your payment issuer has authorised the payment for the Products and/or Services you have ordered. If we do not receive such authorisation, we will inform you. We reserve the right to verify the identity of the payment holder by requesting appropriate information and/or documentation.
|13.2.||To ensure that your payment method is not being used without your permission, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms, you consent to such checks being made.
In performing these checks personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
|13.3.||Payment for the Products and all applicable delivery charges is in advance. We will not charge your payment method until we issue your Order Confirmation.|
On occasions Bowers & Wilkins will release Shopping Codes via email or other marketing channels. The Shopping Codes enable a discount to be applied to your order as specified on the marketing communication. To apply the Shopping Code online enter it as requested during the Check Out process. The discount will then be applied to your order, subject to the terms and conditions below:
• Shopping Codes are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated
Some Shopping Codes are valid on sale-discounted items and this will be clearly stated within the promotion. All other terms and conditions are as per "Shopping Codes" terms and conditions above.
|14.||Our warranty for the products|
|14.1.||All new Products excluding any software, Services and downloads, are provided with a warranty that on delivery and for a period of 2 years from delivery, the Products shall be free from defects in materials and workmanship. All new accessories are provided with a 90 day warranty from delivery and shall be free from defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference, are available for you to see by clicking here. Such warranty terms and conditions are also contained in your Product box. You may review a copy of the limited warranty on Products, including any limitations and exclusions, before your purchase, by clicking here. Such a limited warranty covers our Products (as defined below) excluding software, Services or any downloads. However, this warranty does not apply in the circumstances described in clause 14.3.|
|14.2.||To contact us in relation to your warranty entitlement you can email us by completing the form here or by calling France on +33 (4) 37 46 15 00, Belgium or Luxembourg on +32 (0) 32 06 75 50 or Switzerland on +41 (43) 433 61 50 between 09.00 and 17.00 Monday to Friday (excluding public holidays); and quote your Product serial number.|
|14.3.||The warranty in clause 14.1 does not apply to any defect in the Products arising from:
14.3.1 fair wear and tear;
14.3.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
14.3.3 if you fail to operate or use the Products in accordance with the user instructions;
14.3.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
14.3.5 any specification provided by you.
|14.4.||If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described.|
|15.||Our liability if you are a business|
|This clause 15 only applies if you are a business customer.|
|15.1.||We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
|15.2.||Nothing in these Terms limit or exclude our liability for:
15.2.1 death or personal injury caused by our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4 defective products under the Consumer Protection Act 1987.
|15.3.||Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.3.1 any loss of profits, sales, business, or revenue;
15.3.2 loss or corruption of data, information or software;
15.3.3 loss of business opportunity;
15.3.4 loss of anticipated savings;
15.3.5 loss of goodwill; or
15.3.6 any indirect or consequential loss.
|15.4.||Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed in total the amount payable by you in respect of the Products and/or Services in question.|
|15.5.||Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.|
|16.||Our liability if you are a consumer|
|This clause 16 only applies if you are a consumer.|
|16.1.||If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.|
|16.2.||We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.|
|16.3.||We do not in any way exclude or limit our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
16.3.5 defective products under the Consumer Protection Act 1987.
|16.4.||Subject to clauses 16.1 to 16.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed in total 125 per cent of the amount payable by you in respect of the Products and/or Services in question.|
|17||Events outside our control|
|17.1.||We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.|
|17.2.||An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.|
|17.3.||If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
|18.||Communications between us|
|18.1||When we refer, in these Terms, to "in writing", this will include e-mail.|
|18.2.||If you are a consumer:
18.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us as stated in clause 9. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
18.2.2 If you wish to contact us in writing for any other reason, you can:
- e-mail us at email@example.com:
- by visiting our contact us page – http://www.bowers-wilkins.fr/Nous_contacter
For any other additional support
- please visit – https://www.bowers-wilkins.fr/magasin/Assistance-achats.html; or
- write to us, by pre-paid post, to Contact Centre, B&W Group Limited at Dale Road, Worthing, West Sussex BN11 2BH; or
- telephone Customer Support in France on +33 (4) 37 46 15 00, Belgium or Luxembourg on +32 (0) 32 06 75 50 or Switzerland on +41 (43) 433 61 50 between 09.00 and 17.00 Monday to Friday (excluding public holidays)
When contacting us please quote your Order Number.
|18.3.||If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.|
|18.4.||If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.|
|19.||Other important terms|
|19.1.||We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will notify you in writing or by posting on this webpage if this happens.|
|19.2.||You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 14 to the recipient of the gift without needing to ask our consent.|
|19.3.||This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.|
|19.4.||Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.|
|19.5.||If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.|
|19.6.||If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.|
|19.7.||If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.|
|20.1.||By placing your order with us, you agree and understand that we may store, process and use data collected from your order form for the purpose of processing your order.
Please note that we may share such data globally within the B&W Group of companies. All B&W Group companies will protect your data in accordance with our Privacy and Cookies Policy at http://www.bowers-wilkins.fr/Assistance/Service-clients/Service-clients/Politique-de-confidentialité.html.
We work with other companies that help us to provide Products and Services to you, for example we may provide your data to companies for the shipment of Products to you or for the provision of support services or to ensure that you benefit from special purchase discounts and/or terms. For more detailed information on how we protect your information please refer to our Privacy and Cookies Policy at http://www.bowers-wilkins.fr/Assistance/Assistance/Politique-de-confidentialité.html. If you wish to have access to the information that we hold about you, if you want to make any changes to that information or if you do not wish to receive information from us or any of our selected third parties at any time, you may contact Bowers & Wilkins’ European data controller at firstname.lastname@example.org.
|21.1.||On entering into a Contract with us, you agree to comply with all applicable export laws. You agree (i) not to export any Product to any country in contravention of any applicable export law; and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or approvals.|
|21.2.||You warrant that you are not located in, under the control of, or a national or resident of, any country to which export of the Products is prohibited by any applicable export law.|
|22.1.||Recertified products consist of returned product 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.|
|22.2.||Please note that the stock of Recertified Products available is limited and it is possible that the Recertified Product you order is not available anymore and that we will therefore not be able to accept your offer.|
|22.3.||Recertified Products are sold with the same 2-year warranty as new Products and are bound by these Terms in the same way as new Products are.|
|22.4.||We make every effort to ensure the descriptions of our products are accurate and images are fair representations of the product you will receive. The colours you see on screen will be our best depiction of the product, however we cannot guarantee that the colour and exact design will be an exact match with the product you receive. We will correct any errors in product descriptions as soon as is practical.|
|23.1.||The telephone support service consists of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.|
|23.2.||The telephone support service is available in France on +33 (4) 37 46 15 00, Belgium or Luxembourg on +32 (0) 32 06 75 50 or Switzerland on +41 (43) 433 61 50 between 09.00 and 17.00 Monday to Friday (excluding public holidays).|
|23.3||In providing telephone support, we will attempt to resolve your query when you first call us, however, we cannot guarantee a resolution will be found in that initial call. On occasion, we may need to call you back in order to suggest a resolution.|
|24.1.||Our Society of Sound is a subscription only service and is subject to separate terms and conditions. For details, click here.|
|25.||Applications, firmware and software|
|25.1.||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.|
|25.2.||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.
|25.3.||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.|
|25.4.||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.