TERMS & CONDITIONS

Our terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply digital content (Product(s)) to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. Information about us and how to contact us
    • Who we are. We are GP Acoustics (UK) Limited, a company registered in England and Wales. Our company registration number is 02711002 and our registered office is at Claydon Business Park, Great Blakenham, Ipswich, Suffolk, IP6 0NL. Our registered VAT number is GB 573 8969 72.
    • How to contact us. You can contact us by telephoning our customer service team at +44 1473 835300 or by writing to us at  digitalinfo@celestion.com. Business Unit 111, Claydon Business Park, Great Blakenham, Ipswich, Suffolk IP6 0NL Park, Great Blakenham, Ipswich, Suffolk IP6 0NL
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. The contract between you and us is governed by these terms.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product or other similar reasons.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  4. Your rights to make changes

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 – Your rights to end the contract).

  1. Our rights to make changes
    • Minor changes to the Products. We may change the Product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use or the functionality of the Product.
    • Updates to digital content. We may update or require you to update a Product, provided that the Product shall always match the description of it that we provided to you before you bought it.
  2. Providing the Products
    • When we will provide the Products.

We will make the digital content Product available for download by you as soon as we accept your order and process your payment for the Product.

  • We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
  • Products are licensed, not sold, to you. Your license to each piece of digital content is subject to your prior acceptance of our End User Licence Agreement, this license being granted upon receipt of payment from you, in full. Your license to any digital content under the End User Licence Agreement is granted by us. We reserve all rights in and to the licensed digital content not expressly granted to you under the End User Licence Agreement. Product
  • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, personal information. If so, this will have been stated in the description of the Products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying any Product to you or not supplying any part of any such Product as a result of your failure to provide us the information we need within a reasonable time of us asking for it.
  • Reasons we may suspend the supply of Products to you. We retain the right to suspend the supply of any Product for the following reasons:
    • To address technical problems or make minor technical changes;
    • To update a Product to reflect changes in relevant laws or regulatory requirements;
    • If applicable, to make changes to the Product as requested by you or notified by us to you (see clause 5).
  • Your rights if we suspend the supply of Products. We will contact you in advance to advise of any suspension to the supply of any Product, unless the problem is urgent or an emergency. In the event the suspension of a Product is unavoidable, as determined in our discretion, we will adjust the price so that you do not pay for any Product while it is suspended. You may contact us to end the contract for a Product if we suspend it, or in the event that we advise you that we are going to suspend a Product, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
  1. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see clause 9;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you have just changed your mind about the Product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
      • In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund to you the full amount that you paid to us for the Product forming the basis for your cancellation, provided we have not yet provided the Product to you. In the UK, but not in the U.S., you may also be entitled to compensation. You may cancel a contract for the following reasons:
      • we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
      • there is a risk that supply of the Products may be significantly delayed because of events outside our control;
      • we have suspended supply of the Products for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
      • you have a legal right to end the contract because of something we have done wrong.

In the event that you have received the Product under this contract, the above reasons for cancelling the contract shall not apply.

  • Exercising your right to change your mind (Consumer Contracts Regulations 2013). In the UK: For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. However as explained in clause 7.4(a), this right does not apply to digital Products once downloading has started.

In the U.S.: You may cancel a contract within two (2) days, provided that you have not commenced downloading the digital Product the subject of the Product.

  • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
    • Digital content Products after you have started to download or stream these;
    • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
    • sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them; and
    • any Products which become mixed inseparably with other items after their delivery.
  • How long do I have to change my mind?

Where you have bought a digital content Product for download or streaming (for example, ceramic magnet speaker tones). You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the digital content Product to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for a digital content Product is completed when the Product is delivered, downloaded or streamed and paid for, at which time the terms and conditions of the End User License Agreement (EULA) shall govern. If you want to end a contract before the process under the contract is completed where we are not at fault and you have not changed your mind, just contact us to let us know as soon as possible. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  1. How to end the contract with us (including if you have changed your mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on +44 1473 835300 or email us at digitalinfo@celestion.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • Online. Complete the form https://www.celestionplus.com/contact/ on our website.
      • By post. Write to us at Business Unit 111, Claydon Business Park, Great Blakenham, Ipswich, Suffolk IP6 0NL Park, including details of what you bought, when you ordered or received it and your name and address.
    • How we will refund you. We will refund you the price you paid for the Products by the method you used for payment. However, we may make deductions from the price, as described below.
    • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
  2. If there is a problem with the Product
    • How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone or write to our customer service team at GP Acoustics (UK) Limited, Claydon Business Park, Great Blakenham, Ipswich, Suffolk, IP6 0NL. +44 1473 835300, digitalinfo@celestion.com.
    • Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your Product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

if your digital content is faulty, you’re entitled to a repair or a replacement.

if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 7.3.

 

  1. Price and payment
    • Where to find the price for the Product. The price of the Product (which includes VAT Outside the US) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
    • When you must pay and how you must pay. We accept payment via PayPal. For digital content Products, you must pay for those Products before you download them.
    • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank, London, UK from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  2. Our responsibility for loss or damage suffered by you

In the UK:

  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are of satisfactory quality and fit for any particular purpose made known to us.
  • If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  • We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

In the U.S.: Upon performance by you and us of this Agreement resulting in the completion of the contract for a digital content Product (i.e., the Product is delivered, downloaded or streamed and paid for) the terms and conditions of the End User License Agreement (EULA) shall apply to all of the above events and occurrences.

  1. How we may use your personal information
    • How we will use your personal information. We will use the personal information you provide to us:
      • to supply the Products to you;
      • to process your payment for the Products; and
      • if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
    • Subject to the terms and conditions of our Privacy Policy, we will only give your personal information to third parties where the law either requires or allows us to do so.
  2. Other important terms
    • We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. For the avoidance of doubt, you have the right to use the content for your personal use only.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clauseshall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not demand immediate payment of the outstanding amount, but we continue to provide the Products, we may still require you to make the missed payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings only in respect of the Products in the English courts. If you download digital content from any another country you agree to comply with all local, state, federal and national laws, statutes, ordinances, and regulations that apply to your use of the Products and to indemnify us and hold us harmless from any failure to observe or perform the regulations relating to the Product in the jurisdiction where you live. Your use of the Products may also be subject to other laws. Risk of loss for all electronically delivered digital content passes to you upon electronic transmission.