Terms & Conditions
Terms & Conditions
These Terms & Conditions (“Terms”) apply to purchases made from Divine Audio via our website and any sales agreed by email/phone that reference these Terms. Please read them carefully before placing an order.
1) About us
Divine Audio is a trading name of Divine Audio Limited (“we”, “us”, “our”).
2) Definitions
-
Consumer means an individual acting for purposes wholly or mainly outside their trade/business.
-
Business Customer means a person buying wholly or mainly for trade/business purposes.
-
Goods means products we sell (including used/refurbished items).
-
Contract means the agreement between you and us for the sale of Goods.
3) Using our website
By using our website or placing an order you agree to these Terms. We may update these Terms from time to time; the version in force when you place your order applies to that order.
4) Product information (used/refurbished items)
4.1 Condition & grading. Many items we sell are pre-owned, serviced, restored, or refurbished. Product pages may describe cosmetic condition, servicing work, included accessories, packaging, and any known marks or age-related characteristics.
4.2 Photos. Where we use photos of the actual item, they form part of the description. Where images are representative, the written description takes priority.
4.3 Compatibility. You are responsible for checking compatibility (for example: voltage, connectors, cartridge loading, speaker impedance). If you want us to check, contact us before ordering.
5) Prices, VAT and errors
5.1 Prices are shown in GBP and include VAT where stated (or are VAT-exclusive where clearly stated). Any delivery charges are shown at checkout.
5.2 If we discover an obvious pricing or description error, we may cancel the order and refund you. We’ll contact you as soon as reasonably possible.
6) Placing an order & how the contract is formed
6.1 Order process. After you place an order, you’ll receive an order confirmation email. This confirmation does not mean your order has been accepted.
6.2 Acceptance. A Contract is formed when we email you to confirm dispatch (or when we otherwise confirm acceptance in writing).
6.3 Refusing/cancelling orders. We may refuse or cancel an order (and refund you) if, for example, the item is no longer available, there’s a pricing error, we suspect fraud, or delivery is not possible.
7) Payment
We accept the payment methods shown at checkout. Payment must be received in full (including any delivery charges) before dispatch unless we agree otherwise in writing.
8) Delivery
8.1 Delivery areas & times. Delivery options, costs and estimated timescales are shown at checkout. Estimates are not guaranteed.
8.2 Inspection on arrival. Please inspect the packaging and Goods on delivery. If there is visible damage, note it with the courier where possible and contact us promptly.
8.3 Risk & title. Risk of loss/damage passes to you on delivery to the address you provide. Ownership (title) passes to you when we have received payment in full and the Goods have been delivered.
8.4 Missed deliveries / wrong address. If delivery fails due to an incorrect address or unavailable recipient, you may be responsible for additional delivery/return charges.
9) International orders
We do not offer international delivery.
10) Your right to cancel (Consumers buying online/at a distance)
This section applies to Consumers.
10.1 14-day cooling-off period. For most online purchases you have a legal right to cancel within 14 days from the day after you receive the Goods.
10.2 How to cancel. To cancel, tell us clearly (e.g., email) within the cancellation period. You can use the model cancellation form in section 15, but you don’t have to.
10.3 Returning Goods after cancelling. If you cancel, you must send the Goods back within 14 days of telling us you want to cancel.
10.4 Refunds. If you cancel, we will refund the price you paid for the Goods and the basic outbound delivery cost (if applicable) within 14 days of receiving the Goods back, or receiving evidence you’ve sent them back (whichever is earlier).
10.5 Return costs. Unless we agree otherwise, you are responsible for the cost of return shipping when you cancel because you changed your mind.
10.6 Deductions for handling. We may reduce your refund if the value of the Goods is diminished by handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods (for example, excessive use, missing items, damage, or new marks).
10.7 Exceptions. The legal right to cancel does not apply to certain items (for example, bespoke/custom-made goods). If you sell items that are sealed for hygiene reasons (e.g., in-ear tips) and the seal is broken, cancellation rights may be affected. (Tailor this to what you actually sell.)
11) Our goodwill returns policy (optional)
We may offer a longer returns period than your legal right to cancel (for example, 30 days). If so, this is a goodwill policy and does not affect your statutory rights. (State your policy clearly here, or delete this section.)
12) Faulty, damaged or not as described (Consumer Rights)
This section applies to Consumers and is in addition to your cancellation rights.
12.1 Your statutory rights. Goods must be as described, fit for purpose, and of satisfactory quality (taking into account that some Goods are used/refurbished).
12.2 Short-term right to reject. If Goods are faulty, you may have the right to reject them and receive a refund within 30 days of delivery (with some pauses if repair/replacement is agreed).
12.3 Repair or replacement. Where appropriate, you may be entitled to a repair or replacement. If that isn’t possible or fails, you may be entitled to a price reduction or final right to reject.
12.4 Known defects / grading. Any faults or missing parts clearly described before purchase are not treated as faults for the purpose of these rights.
12.5 How to report a problem. Contact us at info@divineaudio.co.uk with your order number, a description of the issue, and photos/video if relevant.
13) Warranty (commercial / our policy)
13.1 Included warranty (if any). We provide a warranty on certain Goods as stated on the product page or invoice (for example, 3 months). This warranty is separate from and does not limit your statutory rights.
13.2 What’s covered. The warranty covers faults arising from normal use and workmanship during the warranty period.
13.3 What’s not covered. The warranty does not cover: accidental damage, misuse, neglect, unauthorised repairs, incorrect installation, normal wear, cosmetic deterioration consistent with age, or issues caused by incompatible equipment.
14) Liability
14.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under law.
14.2 Subject to 14.1, we are not liable for indirect or consequential losses. Where we are liable to you, our total liability is limited to the amount you paid for the Goods, unless the law requires otherwise.
14.3 We are not responsible for delays or failures caused by events outside our reasonable control (see section 17).
15) Model cancellation form (Consumers)
(Complete and return this form only if you wish to cancel the contract)
To: Divine Audio,
I/We hereby give notice that I/We cancel my/our contract of sale of the following Goods:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Date:
16) Business Customers
If you are buying as a Business Customer, sections 10–12 may not apply. To the maximum extent permitted by law:
-
We exclude conditions, warranties or representations implied by law.
-
We are not liable for loss of profit, business interruption, or indirect loss.
-
You are responsible for ensuring the Goods are suitable for your intended use.
17) Events outside our control (force majeure)
We are not liable for any failure or delay caused by events beyond our reasonable control (including courier disruption, severe weather, strikes, shortages, or power/network outages). If this happens, we’ll contact you and work with you on next steps.
18) Intellectual property
All content on our website (text, images, logos, video, design) is owned by or licensed to us. You may not copy or use it without our permission, except for personal, non-commercial use.
19) Privacy, cookies and communications
Our Privacy Policy and Cookie Policy explain how we process personal data and use cookies. If you subscribe to marketing, you can opt out at any time.
20) Complaints and dispute resolution (ADR)
We aim to resolve complaints quickly and fairly. Please contact info@divineaudio.co.uk with your order details.
If we can’t resolve a complaint, you may be able to use an Alternative Dispute Resolution (ADR) provider. We will tell you if we are willing to use ADR and, where required, provide details of a suitable ADR body.
21) Governing law and jurisdiction
These Terms are governed by the laws of England and Wales and disputes are subject to the courts of England and Wales.
22) General
If any part of these Terms is found to be unlawful or unenforceable, the rest remains in force. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights.