TERMS AND CONDITIONS
These Terms and Conditions govern the use of www.falconacoustics.co.uk website (the "website") and are known as the Conditions. By using this site and/or placing an order with us you agree to these Conditions, which can change at any time and any revised Conditions shall apply to orders received from the date and time of uploading the revised Conditions on to the site. The Conditions shall be construed according to the Law of England and shall be subjected to the jurisdiction of English Courts only. Please ask us before placing any order if you have any queries. Passive components can be sourced from a variety of manufacturers and may be generic unless a specific component make is shown in the product title.
2. Use of the website
2.1 Your use of falconacoustics.co.uk or of any information on the website is entirely your responsibility and at your own risk for which we will not be liable.
2.2 All copyrights and trademarks on falconacoustics.co.uk are acknowledged on the website. Any manufacturers names are used for reference purposes only.
2.3 We also provide links to other websites for your convenience to provide further information. This does not give any endorsement of the linked websites or responsibility for their content.
3. Who we are
3.1 falconacoustics.co.uk is the website of Falcon Acoustics Ltd. trading as Falcon Acoustics and Falcon Loudspeakers Registered in England and Wales Company No. 7109914 VAT Registration Number GB 990 1501 32
Our Registered Office and Trading Address is:
Mallories, Pound Lane, Stanton St. John, Oxfordshire, OX33 1HF, United Kingdom
Our telephone contact number is +44 (0)1865 358001
Our email address is firstname.lastname@example.org
Our UK Company Registration Number is 7109914
4. Prices & Payments
4.1 Prices shown on the website are quoted excluding and including VAT to help you. Prices, Promotions and Special Offers are subject to change without notice. Payment for goods ordered is always taken at the time the order is placed. Payment for goods can be made through the website by most Debit or Credit Cards through our online Fully Secure SagePay payment system and Paypal You can also pay us directly by Paypal or Bank Transfer. We do not offer Credit Terms. We do not accept personal cheques or payments in cash.
5. Security, Card / Personal Information and Cookies
5.1 Your name, address and all payment card information that you provide is kept 100% safe and secure when you shop online with Falcon Acoustics who is responsible for your transaction. All credit or debit card details are Captured and Processed by SagePay All transaction information passed between Falcon Acoustics and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to Falcon Acoustics servers from Sage Pay are signed using MD5 hashing to prevent tampering. As a customer of Falcon Acoustics you can be completely assured that nothing we pass to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
SagePay Encryption and Data Storage
Once your data is on SagePay systems, all sensitive data is secured using internationally recognised 256-bit encryption standards. The encryption keys are held on state-of-the-art, tamper proof systems in the same family as those used to secure VeriSign's Global Root certificate, making them all but impossible to extract. The data SagePay hold is extremely secure and SagePay is regularly audited by the banks and banking authorities to ensure it remains so.
SagePay System security
Sage Pay’s systems are scanned quarterly by Trustwave which are an independent Qualified Security Assessor (QSA) and an Approved Scanning Vendor (ASV) for the payment card brands. SagePay is also audited annually under the Payment Card Industry Data Security Standards (PCI DSS) and is a fully approved Level 1 payment services provider, which is the highest level of compliance. SagePay are also active members of the PCI Security Standards Council (SSC) that defines card industry global regulation.
Falcon Acoustics PCI Compliance
Falcon Acoustics is also assessed annually under the Payment Card Industry Data Security Standards (PCI DSS) and is certified fully PCI-compliant for your security. Finally, the website Security Certificate is Extra Security "Green Bar" EVI complaint for your extra security.
5.2 We never share your personal information with anyone else, and we never provide or sell customer information to third parties.
5.3 We will use your personal information to enable us to process any order you place with us and also to send you information by email from time to time about us and our products and grant permission for us to contact you under the General Data Protection Regulation (GDPR) (EU) 2016/679. You are able to request removal from our mailing lists at any time and inform us that you do not wish to receive further information about us and our products.
5.4 This site needs cookies to operate and will issue a cookie to your computer solely for you to be able to use the site or purchase from us. When you register your account details with us, or with any subsequent use of the site you grant permission and consent for this cookie to be placed on your computer.
Right of Refusal of Order
5.5 We reserve the absolute right at our discretion to refuse an order where customers are abusive or are derogatory to our staff in any way, or where we are not satisfied that the order is genuine.
6. Delivery/Postage Charges
It is your responsibility to be available for deliveries to the shipping address provided by you at the time of purchase after shipping is advised which will always be by email. We provide you with an online tracking number where a carrier is being used so you can monitor the progress of your consignment at all times. If a carrier leaves notification of availability and/or location for collection of the consignment delivery is deemed to have taken place upon issuance of such notification and it is your responsibility to collect the consignment. If there is a possibility of your not being available for delivery e.g. while at work, we recommend using an alternative e.g. office/work address as a shipping address for delivery.
6.1 Despatch of items held in UK stock is normally by post or courier within 5 working days from receipt of order or cleared funds whichever is the later. We will acknowledge your order by email and also confirm despatch by email to your registered e-mail address. If your payment is subject to review or security checking by payment processors e.g. SagePay or Paypal shipping will be delayed until cleared funds are received. Where a courier service is used we will advise you of tracking information upon despatch again by email. If for any reason there is going to be a delay in despatch we will contact you as soon as possible. We are not responsible for any direct or consequential costs howsoever incurred or damage suffered in the event of delayed desptach delivery or non-delivery. Current Postage and Packing charges are as shown on the website. We are unable to accept any responsibility for shipping delays once your goods have been despatched and left us. Postal and Courier transit times are advisory only and not guaranteed. Free UK Delivery only applies to items specifically showing Free UK Delivery and may exclude areas classified as "Highlands and Islands" where delivery charges may apply if shown at Checkout, any other items in the order will have published delivery charges applied. We will combine shipping and optimise shipping methods at our sole discretion where more than order is placed by the same person to the same delivery address. You accept responsibility and liability for delivery if subsequent changes after shipping has been advised by us are made by you to the delivery address given at the time of purchase or re-direction instuctions given by you to couriers or shippers. Tracked mail shipping is not available unless requested and paid for seperately for all orders with a total item under £100.00 excluding VAT.
6.2 For Special Order items (See 7.1), you will be advised of our best estimate of likely delivery time when ordering before payment. Estimates of delivery times are for UK deliveries only, non-UK deliveries take longer. Please note Paragraphs 7 and 8 of these Conditions before placing your order. You accept the estimated delivery time given when placing the order.
6.3 In the event of non-delivery after 30 days (UK only) or 45 days (all other countries) from notified shipping, please email and we will either replace (second-user items excluded) or refund the item at our discretion. We will not replace or refund any item that is sent to a shipping address that you have entered incorrectly when purchasing or differs from your registered billing address or given incorrectly where purchasing through a third party site such as eBay. We do not ship to a c/o address in the Russian Federation or Brazil. We cannot ship by Courier to the Russian Federation except to business addresses, and we do not accept responsibility for any delivery delays howsoever caused for any items shipped to the Russian Federation or Brazil. Previously shipped items returned to falconacoustics.co.uk requiring re-consignment resulting from non-delivery due to couriers being unable to obtain a signed delivery receipt at the correct supplied shipping address or returned undelivered for any reason by the postal authorities will only be re-consigned following payment of the appropriate shipping charge again plus any return shipping fees falconacoustics have incurred.
6.4 Where Delivery of Goods ordered is to a different address to the Billing Address or we are not fully satisfied that any transaction is genuine, we reserve the right to make such enquiries as we feel necessary to ensure that the transaction is authentic. In the event that we are not satisfied, we further reserve the right to refuse the transaction and refund any monies received back to the credit card or Paypal account used. For your security, any change of shipping address to that shown when ordered must be requested in writing by email, telephone requests will not be actioned.
6.5 Any shortages ( items missing from the order) must be notified within 14 days or receipt.
7. Your Right to Cancel your Order and what to do if you want to Cancel your order.
7.1 Stock is defined as items in UK or distributor stock. Items normally supplied in manufacturer boxed pairs e.g Drive units where they have been supplied as single units whether in manufacturers box of individually packed, or where custom made, tailor made, personalised or assembled by us or a supplier for you are classed as Special Order items, and are subject to delivery times as specified in Paragraph 6.2 of these Terms and Conditions.
7.2 Where a Stock item is pre-ordered, you can cancel your order at any time in writing by letter or email before you are notified that the goods are ready for despatch. Cancellations by telephone are not accepted. Where you have ordered a Special Order item, please see Paragraph 7.3. Orders cannot be cancelled after we have confirmed Shipping but before receipt by you. You cannot cancel your order after we have confirmed Shipping but before receipt by you.
7.3 Because of the nature of the goods we sell, we will not accept cancellation of any Special Order item received more than 24 hours from the time of placing the order howsoever paid unless and only when a period of 30 days has elapsed from the time and date of placing the order and despatch has not been confirmed by us to you or where we have advised you that we cannot supply the goods.
8. Returns and Refunds
8.1 At Falcon Acoustics we want you to be happy with your purchases. Occasionally though, we know you may want to return items.
8.2 Consumer Rights Act 2015 (UK/EU Customers only). If having received the goods upon examination and before any use installation or connection of any nature you change your mind about your purchase, in accordance with Consumer Rights Act 2015 we will refund all money paid for a purchase by UK and EU customers including any postage and packing charged where supplied goods (excluding any Special Order items detailed in Paragraphs 5.5 and 7.2) are advised to us within 14 days of delivery as being returned. Please note that due to the nature of the product drive units and components once used, installed or connected in any way cannot be returned under the Consumer Rights Act 2015 unless found to be faulty. Returned goods must be received by us in the original packing and all in as 100% new condition including any packaging all as supplied or in the case of second user items as supplied within 14 days of advice of return. The cost of returning any goods under Paragraph 8.2 unless faulty shall be the responsibility of the customer. Goods returned as faulty for refund shall be subject to the provisions in Paragraph 8.5. This right of refund only applies to UK and EU personal customers. Items detailed in Paragraphs 7.2 are hereby specifically excluded because of their personal customised nature from the Consumer Rights Act 2015. Any item returned for refund must be received by Falcon not more than 28 days from the date of requesting a return. Return items received by Falcon after more than 28 days from the date of requesting a refund will not be accepted for refund. Any non-recoverable original transaction charges will be deducted from any refund made.
8.2.1 Returns - Non-EU Customers. Non-EU customers ( defined as a shipping/delivery address outside the EU) have 14 days from the date of receipt during which a return request can be made. Please note that due to the nature of the product drive units and components once used, installed or connected in any way cannot be returned unless found to be faulty. Requests for returns made after 14 days from delivery will not be accepted. The cost of returning any such goods including any Import Duties and Taxes is the sole responsibility of the purchaser. Any item returned for refund must be received by Falcon not more than 28 days from the date of requesting a return. Return items received by Falcon after more than 28 days from the date of requesting a refund will not be accepted for refund. Any non-recoverable original transaction charges will be deducted from any refund made.
8.3 Where any goods supplied by us are received in a damaged condition, you must sign a delivery receipt for them as "damaged" and notify us by email with photographs within 24 hours. If you sign for goods without any written note, comment or qualification they are deemed to be accepted by you as in good condition by both Falcon Acoustics and the delivery service used.
8.4 UK/EC Customers are entitled to a reasonable time to examine the goods to ensure they are fit for purpose. Because of the nature of the goods we supply, the time allowed for this is 30 days. You must notify us by email or letter if the goods supplied are not fit for purpose i.e. faulty, and we wil then advise you of the returns procedure. The costs of return of faulty goods from UK/EC customers only will be paid by Falcon Acoustics. Returned goods are subject to the conditions of Paragraph 8.5 below and to these Terms and Conditions generally.
8.5 We will not make any refund where an item is returned in accordance with 8.2 and 8.4 above that has been mis-used, wrongly connected, altered, damaged, leads or terminals bent, or where we determine at our absolute discretion on return that you misused, wrongly connected, altered, or damaged any item. Loudspeaker drive units are supplied in good faith to perform in accordance with manufacturer's published criteria and any drive units returned which are believed to fail to meet manufacturer's published criteria or Dead on Arrival will be returned to the manufacturer for testing and only if such returned units are reported by the manufacturer to fail to meet their published criteria and whose report shall be binding on Falcon Acoustics and the buyer will a refund be made. Second User items will not be refunded unless found to be Dead on Arrival. Items supplied as part of a kit for customer assembly are individually covered by manufacturers warranties in accordance with the conditions of this Clause such warranty shall not extend jointly and severally to the whole kit in the event of any warranty claim. Any repairs howsoever arising must be undertaken or approved prior to such work by Falcon Acoustics, any unapproved work renders all warranties in respect of those items or where supplied as part of a kit all associated kit parts and components void with immediate effect.
8.6 Please note that we are unable to accept cancellation of, or returns for, any digital items once downloading has commenced.
8.7 New loudspeaker drive units may be supplied in OEM packaging or retail packaging depending on how they are supplied by the manufacturer. This is not a valid reason for return.
8.8 We do not supply goods on a Sale or Return basis. Items with free shipping or with shipping included in the final price paid returned for refund shall have our shipping costs incurred in shipping to you deducted from any refund.
8.9 If you wish to make a return or arrange for a replacement of an item found to be damaged on delivery, please contact us by email and we will be happy to guide you through the returns process. Non-UK customers must pay the costs of any nature howsoever incurred for returning the goods or any import duties payable on re-entry of the goods into the United Kingdom which shall be your responsibility for settlement in advance of delivery to Falcon Acoustics. For your security, at all times we advise returning goods by a fully trackable fully insured service. We will not refund outgoing shipping costs paid by non-UK customers on items purchased in error and will refund outgoing shipping costs only if the item is DoA or found to be faulty on return to us and subsequent examination confirms the fault.
8.10 We reserve the right to refuse orders where customers have made multiple previous returns or have bought goods in our oinion on a "sale or return" basis.
9. Information and Prior Knowledge of Suitability
9.1 It is your absolute responsibility to ensure that you have sufficient information before you order anything or install any component to make sure you are buying the correct product. Our advice does not constitute a recommendation for use. Please note that specific component values and tolerances ordered may be supplied showing as different nominal values where required to meet customer specification. You will be advised of this when shipping.
10. Non-EU Customers
10.1 If your delivery is to a country outside the European Community ( EU), you are responsible for all contact with shippers/shipping agents once purchases have arrived in the country specified at the time of purchase. You are responsible for payment of all import taxes and customs duties incurred. We will not accept goods returned back to us due to non-payment of Import Taxes, Customs Duties or make any payment pursuant thereto for any reason, and we will not refund any purchase or shipment monies paid by you due to failure to make contact with or correspond with Shipping Companies or their Agents, Customs Officials or their Agents, Non-Payment of Import Taxes, Customs Duties or any payments associated therewith in any circumstances. Previously shipped items returned to falconacoustics.co.uk requiring re-consignment resulting from non-delivery due to couriers being unable to obtain a signed delivery receipt at the correct supplied shipping address or returned undelivered for any reason by the postal authorities will only be re-consigned following payment of the appropriate shipping charge again plus any return shipping fees falconacoustics have incurred.
11.1 Our main range capacitors and resistors are specified as RoHS compliant, and we offer stock of non-compliant items intended for repair use. All Falcon's solid core inductors use self-bonding enamelled copper wire in a range of thicknesses to suit the specification, and are rated to industrial temperatures. All our inductors are RoHS compliant. RoHS compliant items conform to Directive 2002/95/EC of the European Parliament - Restriction on use of Hazardous Substances. All new loudspeaker units supplied are RoHS compliant.