Terms & Conditions
Trading Terms and Conditions – More small print
We are completely dedicated to your total satisfaction as a customer. If you have any suggestions or comments please email us using the link on the contact us page.
Our Contact Details and Registered Office
Company reg.no: 556330-8930
SE-153 32 Järna,
We believe that the best customers are happy customers and that happy customers come back time after time. We never forget that the customer can always say NO. We work hard to ensure that you say YES to us.
General Terms of Trade
As with all terms and conditions, these get a bit technical and we’re sorry if they sound rather formal. However, they are pretty standard and designed to enhance your e-shopping experience and make it as easy and secure as possible.
The terms and conditions apply to the use of our websites. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions). Please note, these terms and conditions can potentially change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access these websites.
If you have any queries relating to our terms and conditions, please contact us before placing an order.
This website does not constitute an offer, merely an invitation to treat.
Interpretation of Terms
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods from the Company:
“the Company” means Auris AB
“Contract” means the contract between the Company and the Buyer, which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“Place of Delivery” means the place, customers’ billing address, to which the Goods are to be delivered.
“Price” means the price of the Goods including carriage, packing, and VAT.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
Terms of Contract
This website is operated by Auris AB
The following terms and conditions will apply between you and The Company when you purchase an item from us directly or from our websites. These terms do not affect your statutory rights.
You must be eighteen years old or above to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
You warrant that all details you provide to the Company for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
You agree that e-mail can be used as a long-distance means of communication.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. The Company tracks the electronic 'fingerprints' of every order placed on our websites to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website.
The Company reserves the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:-
* you fail to make payment to us when due
* you breach any of our terms and conditions
* when requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
* we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on our websites
The Company or its representatives do not warrant the suitability of goods for a particular purpose, therefore, it is imperative that you should check the product specifications before ordering.
Goods are not sold on a trial basis. We welcome your calls to discuss any of the products or services we sell so that we can give you the benefit of our experience and advice. Most of our suppliers do have showrooms where they can demonstrate all the products we sell. Goods purchased in error will be subject to a re-stocking fee. Published prices, specifications and services are subject to change without notice, and do not include carriage or VAT (where applicable) unless explicitly stated.
Ordering from us:
• All orders are subject to our acceptance and product availability.
* All prices listed on our websites are correct at the time of entering the information, however, in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel any products/services ordered, and we reserve the right to change prices of any product at any time.
Prices quoted in Swedish Krona. The Price for the Goods shall, unless otherwise agreed, be the Price set out on the date of purchase in the Company’s price list. The Price for the Goods shall be calculated as the price of the Goods and all costs of carriage and insurance and applicable VAT which the Buyer shall pay in addition. The Buyer shall pay such deposit as the Company shall direct.
Discounts: By prior written agreement on an individual basis, for specific product categories, or combinations of items
In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel any products/services ordered. All products are sold subject to availability. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
VAT – Value Added Tax at the prevailing rate will be chargeable on all sales within the EU. EU VAT registered companies (outside Sweden) will be exempted from this charge on the provision of a valid VAT Number or a Copy of Certificate of Registration. All sales outside the EU are VAT exempt. All prices exclude unless otherwise stated.
Payment on our site
The Company will accept pay by PAYPAL or payment on account. Please contact us for details.
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Customers paying on account only when agreed with the Company payment of the Price of the Goods shall be due 30 days from the date of the Company’s invoice for the Goods.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
No contract for the sale of any product will exist between you and the Company through our websites until we accept your order by dispatching the product to you.
When this happens we will confirm the acceptance by sending you an email.
This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P).
You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
• If your order has not been accepted, you will receive an explanatory email from us detailing the reasons why.
• Discount vouchers cannot be used on sale products.
Delivery of your goods
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
Unless otherwise agreed in writing, the Place of Delivery shall be the premises of the Buyer and the address registered with the payment card, given by you in your order.
If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
The cost of delivery will be included in the Price, paid at the point of purchase and identified on the invoice.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
Deliveries outside Sweden:
To comply with certain manufacturers agreements and government regulations, the Company reserves the right to refuse to export certain products from Sweden to some countries.
If your delivery address is outside Sweden, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
Please note international shipments may be subject to cross-border inspections by customs authorities.
For more information regarding 'Shipping charges, Terms, Condtions and Returns, please read the 'Shipping and Returns' page.
OUR DELIVERIES ARE SUBJECT TO THE TERMS OF OUR SHIPPING AND RETURNS AND FORM PART OF THIS CONTRACT OF SALE
Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery. Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds, all sums due to the Company in respect of the Goods and all other sums, which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
* hold the Goods on a fiduciary basis as the Company’s bailee;
* store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property;
* not destroy or deface any identifying mark on the Goods or their packaging;
* maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
Privacy is important to us. For more information please read our page: Privacy Notice
The Company warrants that the Goods are of satisfactory quality. If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 30 days of the discovery of the defect, detailing the precise nature of the defect and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be liable for any breach of Warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
NEW PRODUCTS – All new products are warranted to be free from defects in material/ manufacture for a period of twelve months from the original date of purchase. If the product, or any component part, be found defective within the warranty period, a free of charge replacement or repair will be made, subject to the item having been correctly used at all times in ADHERANCE TO THE OPERATING INSTRUCTIONS supplied.
EXCLUSIONS – Damage through misuse, tampering, unauthorised repair or modification, accidents or negligence. Damage to film, photographic and digital printing paper, and faults caused by exposure to chemicals, fluids and gases (other than those used in general household or studio environments)
Limitation of Liability
We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the Price of such Goods, not including cost of delivery, packing, postage and insurance, and will not exceed the provisions of any warranty provided by the manufacturer or supplier of the Goods.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on imaging-expert.co.uk is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation e-mail within 14 working days of delivery of the goods plus return the goods to the address we ask you to send it to, if we request you to. This does not affect your statutory rights.
Please never send any items back to our office and / or postal address.
We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of mitigating factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any colour discrepancies between the image and the actual product.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from imaging-expert.co.uk
We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
* We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
* Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
* Any loss of goodwill or reputation; or
* Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the value of the Contract and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Specifications of hardware, software or media may be changed or discontinued at any time in the interests of improved performance. Changes in specification and availability will be notified in writing to existing export agents and distributors, or will be posted on the website
All rights, including copyright, in the content of the Auris AB web pages are owned or controlled by the Company. In accessing our web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the web pages for any other purpose whatsoever without the prior written permission of the Company.
Third Party Information
We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for the Company products are those stated on the website material. We can not vouch for the reliability of prices stated on shopping directories or through any other third party.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what the Company and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms, which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the Swedish Courts
Errors and omissions excepted
All prices and product information is subject to the potential errors and ommissions that all information is subject to. Sorry but sometimes we may have to change things and to contact you if your order was incorrectly managed by our website.
Please note that links to other company's websites will let you leave our website. As these websites are not under our control, we can take no responsibility for neither their contents nor therein. The inclusion of any link does not imply an endorsement on behalf of the Company