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TERMS & CONDITIONS
General Terms and Conditions
1. General terms
This website is operated by Cornered Audio. Throughout the site, the terms “We”, “Us”, “The vendor” and “Our” refer to Cornered Audio. We offer this website, including all information, tools and Services available from this site, to you the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These General Terms and Conditions shall apply to all deliveries contracted with Cornered Audio ApS, hereinafter referred to as the "Vendor", "We" or "Us". Contrary terms and conditions of the Purchaser shall only apply, if they are specifically confirmed by Us.
2. Orders
If an offer is placed on a product that is out of stock, We will inform Purchaser when we expect to have the Product back on stock. We are however not in any way liable towards a Purchaser in such event.
All information on our website, in catalogues, brochures, advertisement etc., are approximate and only binding for US if there is an agreement in writing.
We are bound by written offers for 14 days. Prices for the products are subject to changes without notice and are exclusive of customs duty and other national taxes. We are only bound by the prices on our website etc. if an order has been placed and accepted.
All prices are exclusive of customs duty and other national taxes.
A final contract has been concluded once we have confirmed the Purchaser’s order by submission of an order confirmation.
Prices for the products are subject to changes without notice. We are only bound by the prices on our website etc. if an order has been placed and accepted.
3. Payment
Unless otherwise agreed the purchase price falls due at the time of the Purchaser's receipt of the invoice.
If the Purchaser fails to perform timely payment, we are entitled to invoice interest from the due date in accordance with the Danish Interest Act (the Danish central bank's discount rate + 5 %).
We are entitled to issue invoices in instalments, if an order entails partial deliveries to take place.
The Purchaser is not entitled to retain any part of the payment or offset any amount unless expressly agreed by Us in writing.
4. Delivery time
Delivery times stated in the purchase order and/or on our website are approximate and always subject to the prior payment by the Purchaser.
If delivery is delayed by circumstances which under clause 10 shall be considered a case of relief or by an act or omission on the part of the Purchaser, the time for delivery shall be extended by a period which is reasonable having regard to the given circumstances. The time for delivery shall be extended even if the reason for delay occurs after the originally agreed date for delivery.
4. Delivery and passing of the risk
Unless otherwise explicitly agreed in writing, delivery of products is made DAP (Delivery At Place).
6. Right of return and cancellation
Customers are responsible for seeking import cost returns themselves.
7. Inspection and notice of defects
The Purchaser shall immediately upon delivery – and before use – inspect and examine the products delivered.
The Purchaser shall inform Us of a defect by written notice immediately after the defect has appeared. The notice shall contain a description of how the defect manifests itself. If the Purchaser fails to give Us such notice, he shall forfeit his right to make any claim in respect of the defect.
8. Warranty of the products
We provide 3 year limited warranty of speakers.
We provide 1 year limited warranty on electronics.
The warranty period commences from the delivery of the products.
The warranty does solely cover manufacturing defects. Hence, the warranty does not cover anything else, e.g. flared speaker units, scratches, wear and tear, misuse, incorrect connection, defects arising from inadequate maintenance, theft, fire etc.
The Purchaser must – upon the sole discretion of Us – provide sound proof of a defect covered by the warranty.
Is a defect is covered by the warranty, then the Purchaser will be entitled to a refund, reparation or new product, subject to our choice. If the defect concerns a product that is no longer in production, We will be permitted to offer the Purchaser a new and comparable product.
9. Intellectual property
The Purchaser obtains no rights in form of license, patent, copyright, trademark or other proprietary right in relation to the products.
10. Force majeure
Any circumstance beyond the control of the parties, such as fire, war, mobilization or military call up of a comparable scope, requisition, seizure, currency restrictions, insurrection and civil commotion, the arise of an epidemic, shortage of transport, general shortage of materials, restrictions in the use of power and defects or delays in deliveries by sub-suppliers caused by any such circumstance as referred to in this clause shall be considered as grounds for relief if such circumstance impedes the performance of the contract or makes performance unreasonably onerous, provided that the effect of the circumstance on the performance of the contract could not have been foreseen at the formation of the contract.
The party intending to claim relief under clause 10.1 shall inform the other party by written notice without undue delay on the occurrence and on the cessation of such circumstance. If grounds of relief prevent the Purchaser from fulfilling his obligations, he shall reimburse Us for costs incurred in securing and protecting the products.
Notwithstanding other provisions of these General Terms and Conditions, each party shall be entitled to terminate the contract by written notice to the other party if performance of the contract is delayed more than six months by reason of any grounds for relief as described in clause 10.1.
11. Exclusion and limitation of liability
According to our choice in the event of defects, We shall repair or replace the products sold. If the defected product is out of stock or production of this product has ceased, then We are entitled to replace the product with a similar product.
We shall not be liable for loss of production, loss of profit or any other indirect losses.
We shall not be liable for defects arising from Purchaser's modifications or interference with the products.
Defective parts, which are replaced in accordance with clause 11.1, shall be placed at our disposal and shall become property of Us.
12. Product liability
We are only liable according to applicable laws product liability, in the Danish Product Liability Act, to the extent that such law contains definite legal provisions. Hence, We are not liable according to any product liability arising from strict case law.
We are only responsible for personal injury, if Purchaser can document that such injury is due to an error or negligence on our part.
We are not responsible for damage to any movable or immovable property, which occurs while the products are in the Purchaser's possession.
In the event of the Us being liable for an injury caused by the product, the liability will be reduced proportionate with any own fault on the part of the Purchaser.
Insofar as We may be held liable for product liability vis-à-vis third parties, the Purchaser is obliged to indemnify Us to the extent of the restrictions on our liability under the previous clauses.
If a third party makes a claim against either party to the contract, this party shall immediately notify the other party thereof. We can never be held liable for indirect losses. Any product liability is capped at DKK 50,000
13. GDPR
When placing an order with Us, we require the following information in order to accept and proceed the order:
Name
Address
Telephone number
E-mail address
Information regarding what you wish to purchase
We handle your personal data in order to ship the purchased products to you and in order to be able to communicate with you regarding your order.
We treat all personal data in accordance with our Privacy Policy. In our Privacy Policy you can read more about how We treat your personal data, how and when they are erased and which right you have as the registered party.
14. Applicable law and legal venue
Any dispute arising out of or in connection with a purchase governed by these General Terms and Conditions, including any disputes regarding the existence, validity or termination thereof, shall be settled by the courts of Denmark at the place of business for Cornered Audio ApS.
All disputes arising shall be judged according to Danish law.
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