LINNSTORE TERMS AND CONDITIONS
These terms and conditions ("Conditions") apply to customers who purchase online from Linn Products Limited at Linnstore (defined below). When you place an order through Linnstore ("Order") you acknowledge that you have read, understood and agreed to be bound by these Conditions and that the Order and the Conditions (together with any documents referred to in the Conditions) shall comprise the entire agreement between you and Linn ("the Contract"). These Conditions apply only to consumer sales (as defined by the Sale of Goods Act 1979) and your statutory rights are not affected by these Conditions.
By visiting Linnstore, you accept and consent to the practices described in these Conditions as well as the Privacy Policy. We may from time to time amend, supplement or modify these Conditions to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities etc. You will be subject to the policies and Conditions in force at the time that you place an Order with us. If you do not agree to be bound by these Conditions and the Privacy Policy, please do not access and use Linnstore.
GENERAL
1. "Linnstore" means the website at http://www.linnstore.co.uk ("Website(s)") for Linn Products Ltd ("Linn" or "we", or "us"), whose registered office is at Glasgow Road, Waterfoot, Eaglesham, Glasgow G76 0EQ, Scotland, United Kingdom, Company registration number SC052366.
2. "Contract" means any contract between Linn and the Customer for the sale and purchase of Goods incorporating these Conditions (together with any documents referred to in the Conditions) and the Order.
3. "Customer" or "you" means any person aged 18 years or over who purchases Goods from Linnstore. If you are under 18, you may not purchase Goods on Linnstore. .
4. "Goods" means the goods specified in the Order (including any instalment of the Goods or any parts or components for them) which Linn is to supply to the Customer in accordance with these Conditions.
REGISTRATION
5. You must register with us to make a purchase from Linnstore. During registration you must provide accurate, current and complete information required and you will be asked to choose a password. If any information you provide is false, inaccurate or incomplete, as determined by Linn at its sole discretion, we may terminate your right to use the Website and/or any or all of the services provided by Linnstore. Read how we handle your information in the Privacy Policy.
PAYMENT AND PRICE POLICY
6. We make every effort to provide accurate and up-to-date information on Goods, and prices, but do not guarantee the accuracy of any such information. The price of any Goods will be as quoted on the Website on the date you place your Order and as confirmed in the Order Acknowledgement except in cases of obvious error. We are under no obligation to provide you with Goods at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing. Information relating to our Goods and prices are subject to change without notice. Prices are subject to change at any time prior to our acceptance of your Order.
7. In the event that we discover a material error in the description, availability, or price of Goods that affects your Order, we will notify you of the corrected version and give you the option to accept the corrected version or cancel the Order. If you decide to cancel the Order and you have already paid for the Goods, we will issue a full refund to you. If we are unable to contact you we will treat the Order as cancelled.
8. Linnstore offers Goods to Customers for delivery only in the United Kingdom and all prices are in UK Sterling only. All prices are inclusive of VAT at 17.5%.
9. The Linnstore website is only viewable in the UK. Visitors from non-authorised countries will be blocked from the site content and directed to the main Linn website. The user's IP address will be used to determine the country from which they are viewing the website. If this is incorrect, this can be changed by following the link above My Account (top right of screen)
Your IP address will only be used in accordance with our Privacy Policy.
10. The price of Goods excludes the costs of shipping and handling to the delivery address you specify in the Order. You will be asked to select a delivery option during Checkout. You will be responsible for all shipping and handling costs for the delivery option you have selected.
11. Delivery costs will be added to the total amount due as set out in our Shipping Policy.
12. You can pay for your Order with any of the following credit or debit cards: MasterCard, Visa Credit, Visa Debit, Visa Electron, Switch/Maestro, Solo. Your card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of Order.
13. You can also choose to pay by Banker's Draft, Postal Order and Personal or Business Cheques. You can select this option during Checkout by following the link at the top of the Payment page: simply print out the Order form, complete it and send this to us with your payment. Your Order will be processed as soon as payment has been cleared.
14. Payment details will be processed in accordance with our Privacy Policy.
PROCESSING ORDERS
15. When you place an Order through Linnstore you are making an offer to purchase Goods from Linn subject to these Conditions. After placing an Order you will receive an e-mail from us acknowledging that we have received your Order ("Order Acknowledgement"). Please note that this does not mean that your Order has been accepted.
16. No Order placed by the Customer shall be binding on Linn until accepted in writing by Linn (which shall include electronic communication). We will confirm acceptance of your Order by sending you an e-mail that confirms the Goods have been dispatched ("Dispatch Confirmation"). The Contract will only be formed when we send you the Dispatch Confirmation.
17. Each Order accepted by Linn in accordance with these Conditions shall constitute a separate Contract for the sale of Goods. The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. No Order, and no variation of an Order, from the Customer shall be binding on Linn unless and until such an Order or variation has been accepted in writing by Linn by way of a Dispatch Confirmation.
18. Credit and debit cards are debited on the day the Order is placed. The Order Acknowledgement will contain details of your Order, the total amount billed to your credit card, shipping and handling charges based on the delivery option you have selected, delivery information, and our contact details. You must check that the details on the Order Acknowledgement and Dispatch Confirmation are correct. You can also view your Order by logging in to your Account.
19. If there is a problem with your Order or if your Order is declined, we will notify you using the contact details you have provided with your Order.
20. Linn shall have no liability to the Customer if Linn, for any reason, does not or cannot accept any Orders for the Goods.
21. On request, a VAT invoice and receipt can be sent to you.
22. We reserve the right to limit or cancel quantities available for purchase on any Order and to prohibit sales to you or resellers through Linnstore. We will have the right to refuse to accept an Order for whatever reason. We reserve the right to alter the availability of Goods for sale or to alter the duration of any special offer or promotion at any time without prior notice.
23. You undertake and warrant that (1) you are aged 18 years or over and (2) any Goods ordered by you are for your own private and domestic use only and will not be the subject of commercial resale.
SHIPPING POLICY
24. Shipping charges will vary by the shipping method chosen and the number and type of Goods purchased. We aim to despatch ‘in stock' Orders within 48 hours of receiving cleared payments. The period stated in the Dispatch Confirmation within which you will receive your Order is approximate. Items that are ‘out of stock' or on pre-order will be clearly listed with a release date on the product page, during Checkout and in the Order Acknowledgement. We aim, but do not guarantee, to despatch these items within 48 hours of the release date specified. If your Order contains ‘in stock' and ‘out of stock' items, we may delay shipment until any or all items become available, or deliver the Order in instalments.
25. We ask for a Shipping Phone Number during Checkout.This may be used to help complete delivery of an Order e.g. check someone is in before attempting delivery. Please enter an appropriate telephone number. We will use this number in accordance with our Privacy Policy.
26. We endeavour to comply with delivery periods quoted but failure to do so shall not give rise to any liability on our part for any loss (including loss of profit or other consequential or indirect loss), damage or expense suffered by the Customer or by any third party nor shall it constitute breach or repudiation of the Contract nor give the Customer any right to cancel the Contract.
27. We reserve the right to deliver Goods in instalments and the Customer shall not be entitled to reject the Goods or part thereof by reason only of short delivery. Where the Goods are delivered in instalments, each delivery shall constitute a separate Contract and any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to terminate the Contract as a whole. Any liability of Linn for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or reimbursing the Customer.
28. When the delivery method requires a signature to receive Goods please ensure that you inspect the packaging prior to signing (or sign for as ‘unexamined'.)
RETURNS POLICY AND PROCEDURE
29. We are confident in the quality of our Goods and we think you will be very happy with your purchase. However, if for any reason you are unhappy with the Goods, you can return them to us in their original condition within 7 days of your receipt of the Goods if the Goods are not defective (or 12 months of delivery if the Goods are defective in accordance with Condition 36) and, once the Goods are received and inspected, we will issue a full refund of the price you have paid for the Goods. Shipping charges will not be refunded in the case of non-faulty Goods.
30. We accept the return of non-faulty Goods only if they are in their original condition and only if the Returns policy has been strictly adhered to.
31. You must take reasonable care of the Goods while they are in your possession before their return to us. If you fail to comply with this obligation we are not obliged to accept the return of non faulty Goods.
32. If you are returning an item because the Goods are defective, we will refund the Shipping charges incurred in sending the Goods to you and your costs in returning the Goods to us. Otherwise, you will be responsible for the charges and the costs of any other services provided to you in connection with your Order.
33. Goods will not be accepted as returns if our returns procedure has not been strictly adhered to.
34. You should contact Linn by e-mail to linnstore@linn.co.uk or by calling the Linn Helpline on +44 (0) 141 307 7777 (UK Customers can also use our UK freephone number 0500 888909). If sending an e-mail, please include as much information as possible, clearly stating reason for return. If Goods are faulty, a description of fault should be provided. We will then contact you with a Returns Service Number which should be clearly marked on the outside of the packaging on the item to be returned. Goods being returned should be sent to the following address:
Linnstore Returned Goods
Linn Products Ltd
Glasgow Road
Waterfoot, Glasgow
G76 0EQ
UK
We would recommend that proof of postage and postal insurance is obtained on Goods being returned as repairs, refunds and replacements can only be granted on Goods which have been safely received to the above address.
Replacement Goods or refunds will only be processed once the Goods have been received at the above address.
PROPERTY AND TITLE
35. All risk in the Goods and liability therefor shall pass to the Customer upon delivery. Notwithstanding delivery and the passing of risk, title to and property in the Goods shall pass to the Customer only on receipt by the Linnstore in full of the price and all other sums due for the Goods and any other sums due by the Customer to the Linnstore whatsoever.
WARRANTY, DAMAGED AND DEFECTIVE GOODS
36. With the exception of accessories (including but not limited to cables, remote controls, loudspeaker covers and spikes) which are covered by a 12 month Warranty, all Goods are covered by a 24 month Warranty. Please see our Returns Policy and Procedure for details on how to return defective Goods to us within the specified time limit. Linn warrants to the Customer that (subject to the other provisions of these Conditions) the Goods will be free from defects due to faults in materials or workmanship for the warranty period as stated from date of delivery to the Customer. Linn also warrants to you that the Goods purchased through Linnstore are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
37. Linn shall not be liable for breach of the warranty in Condition 36 unless
37.1 the Customer gives written notice of the defect to Linn within the applicable warranty period from date of delivery of Goods; and
37.2 the Customer, at the request of Linn, returns the Goods to Linn at the Customer's cost (but subject to Condition 32 - see Returns Policy).
38. In the event that the Customer fails to notify Linn in accordance with the time limits given in Condition 36 it shall be deemed to have irrevocably waived all its rights and remedies which it might otherwise have in respect of the Goods in question.
39. If any Goods are damaged or defective or do not otherwise comply with the warranties in Condition 36, Linn will at its sole discretion either regulate, adjust, repair or replace such Goods or refund to the Buyer the price of the Goods within a reasonable time after they are returned to Linn.
40. Linn shall not be liable in respect of any defect in Goods arising from fair wear and tear, accidental damage, neglect, misuse, or negligence, from failure to follow written or oral instructions of Linn, or from improper storage or handling or repair or alteration of the Goods, from the absence of any product, component or accessory recommended by Linn or from any unauthorised alteration of the Goods or the combining of incompatible goods with the Goods or from EMC or other interference caused by such combining of incompatible goods.
41. Subject to Condition 36, all conditions and warranties whether express or implied by statute or otherwise (including but not limited to those as to description, satisfactory quality or fitness for purpose of Goods supplied by Linn), shall be excluded to the maximum extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach or implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law. This does not affect your rights as a consumer or your right to cancel the Contract.
42. Save for death or personal injury arising from the negligence of Linn, its personnel or agents (but not independent contractors) while acting in the course of their employment, for which liability is not hereby excluded, Linn's obligation to regulate, adjust, repair or replace Goods or refund the price shall constitute the full extent of Linn's liability in respect of any defective Goods and loss or damage sustained whether caused by breach of contract, breach of duty, misrepresentation or negligence on the part of Linn, its personnel or agents or arising from any cause whatsoever.
43. Linn shall not in any circumstances be under any liability to the Customer in respect of breach of contract, misrepresentation, breach of duty, negligence or otherwise for any indirect, consequential, economic or special loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for compensation whatsoever (howsoever caused) which arise out of on in connection with the Contract suffered by the Customer or any other person provided that if, for any reason, this exclusion is held to be unenforceable, Linn's maximum liability in respect of any such loss or damage shall not exceed the purchase price of the relevant Goods.
44. Whilst we will use all reasonable endeavours to verify the accuracy of the information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" basis and we make no representations, endorsements or warranties of any kind whether express or implied with respect to the Website or its contents and disclaim all such representations and warranties.
MISCELLANEOUS
45. All intellectual property rights in respect of Goods remain vested in Linn or in any relevant party licensing Linn to use the same and nothing herein constitute a grant of any rights to the Customer under or in respect of such intellectual property rights.
46. Force Majeure: Linn shall not be liable to the Customer or any other party for any delay or failure to deliver Goods or for any other delay or failure caused by any circumstances beyond its reasonable control (including but not limited to accident, act of God, severe weather conditions, war, strikes, civil disturbance, riot, lock-outs, industrial disputes, fire, floor, tempest, failure of our suppliers or subcontractors, delays in delivery of materials by our suppliers, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency) and in such case Linn shall be released from any obligation to fulfill its obligations under the Contract for the period during which such circumstances subsist but without prejudice to its right to recover payment for Goods delivered or to fulfill the Contract at a later date. Linn may at its option cancel or suspend the Contract for any such cause without liability or may supply the Goods when the causes or delay or failure have passed and any delivery period shall be extended accordingly.
47. These Conditions supersede any and all other conditions, understandings, commitments, agreements or representation (except fraudulent representations) relating to your purchase, whether oral or in writing and contain the entire agreement between Linn and the Customer in relation to your purchase.
48. The invalidity in whole or in part of any of these Conditions shall not affect the validity of any other provisions.
49. If any of these terms and Conditions or provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, Condition or provision will to that extent be severed from the remaining terms, Conditions and provisions which will continue to be valid for the full extent permitted by law.
50. The Contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, change or otherwise dispose of the Contract or any of your rights or obligations arising under it without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any of our rights or obligations arising under it at any time during the term of the Contract.
51. We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and to confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
52. These Conditions shall be governed by the law of Scotland and all disputes, claims or proceedings between the parties shall be subject to the non exclusive jurisdiction of the Scottish Courts.
COMMUNICATIONS
53. When you place an Order through the Linnstore, you are required to provide a valid email and billing address which we will use to communicate with you regarding the status of your Order and provide you with any other information relating to your Order. You acknowledge that Linn will not be responsible for any damage or loss you may incur resulting from information you do not receive due to your failure to provide a valid email and billing address. If there are any changes to the details you have provided, it is your responsibility to inform the Linnstore as soon as possible.
54. All communications between the parties about this Contract must be in writing, which shall include communications by electronic means.
55. In Linn's case, communications must be addressed to our principal place of business at:
Linnstore
Linn Products Limited
Glasgow Road
Waterfoot, Eaglesham
Glasgow G76 0EQ
United Kingdom
or email: linnstore@linn.co.uk,
or to any other address that we notify you from time to time, whether on the Website or otherwise.