HARMAN GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF HARMAN INTERNATIONAL INDUSTRIES LIMITED FOR ONLINE SALES AND DELIVERIES OF PRODUCTS
Harman International Industries Limited, having its corporate office at Ground Floor, Westside 2, London Road, Apsley, Hemel Hempstead, Hertfordshire, HP3 9TD, United Kingdom and registered under Companies House No. 1485558.
1.1 The following definitions apply in these General Terms and Conditions:
• Affiliates: any person or entity, a person or entity that, directly or indirectly, controls, is controlled by, or is under common control with, such first person or entity. With respect to Affiliates, “control” shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the actions and/or policies and management of a person or entity, whether by ownership of stock, by ownership of voting security, by contract, or by any other method.
• Terms and Conditions: these General Terms and Conditions of Harman for Online Sales and Deliveries of Products;
• Harman: Harman International Industries Limited and/or its Affiliates, operating under the name Harman, telephone number +44 1612223325, (Harman Customer Service), opening times Monday to Friday from 08:00 to 17:00 (except for legally recognized public holidays) at the applicable (basic), announced calling rates, email address [email protected];
• Customer: any natural person that is a party to or is involved in any legal act or act referred to in Article 1.2., or toward whom any legal act or act referred to in that Article is directed, or from whom a request as referred to in that Article originates;
• Products: all items that Harman offers for sale to its customers through its Website;
http://athleticcenter.pro also accessible via www.akg.com/shop
http://uk.harmankardon.com also accessible via www.harmankardon.com/shop
http://uk.infinitysystems.com also accessible via www.infinitysystems.com/shop
http://uk.jbl.com also accessible via www.jbl.com/shop
1.2 The Terms and Conditions apply to all offers, order confirmations, deliveries of Products and invoices from Harman to the Customer, to every order from the Customer to Harman, and to all agreements between Harman and the Customer as well as to every request by the Customer for the delivery of Products and/or for any information in respect of the Products or any other products, including without limitation special offers, promotions and discounts, regardless of whether a Product is ultimately ordered by the Customer.
1.4 General terms and conditions observed by the Customer or other terms and conditions are not applicable. The Customer may only rely on alternative and/or additional terms and conditions if and to the extent that Harman accepts them in writing. Such alternative or additional terms and conditions do not affect the applicability of the other provisions of the Terms and Conditions, and will apply exclusively to the agreement for which they are specifically and explicitly agreed to in writing.
1.5 Harman reserves the right to change and/or make additions to these Terms and Conditions. However, such changes and additions will not apply to agreements already concluded by Harman's order confirmation in accordance with Section 3 of this Terms and Conditions.
2.1 Any communication between Harman and the Customer may be made electronically, unless explicitly provided otherwise by the Terms and Conditions and/or the agreement and/or the law.
3. ORDERING PROCESS
3.1 Choosing from our Products. Customer will choose the Product(s) he wants to order by clicking the “Add to cart” button. This will add the item(s) to his basket. The Customer can change his choice at any time up to sending his order (up to the step “Payment”) by changing the quantity of products, by checking the box “Delete” or by aborting the ordering process. By clicking the ”Order Now” button, the Customer will proceed to the next step.
3.2 Customer Identification. Customer will specify his personal details as requested under “My Details”. Gender information is only required if Customer choose to process payment with certain means and as required by such third party payment processing provider (Cf Article7 of these Terms and Conditions for additional information). A “Delivery Address” different from the “Billing Address” can be entered; otherwise the “Delivery Address” will remain the same as the “Billing Address” entered under “My Details”.
Customer will be asked to check all details and to read through the Terms and Conditions, including without limitation, the Fair Processing Notice and the instruction on Customer’s Right of Withdrawal as provided under section 5 of these Terms and Conditions. Customer will only be able to continue with the ordering process if he agrees to the Terms and Conditions and to the Fair Processing Notice (by checking the relevant boxes).
3.3 Payment method selection. Customer will select the desired method of payment. Additional information is provided under Artcile 7 of these Terms and Conditions.
3.4 Placing an order. Order will be placed by Customer by clicking the final submission button. Harman will confirm receipt of the order by email. The contract will be made between the parties once the order is confirmed by Harman by email as provided in Article 4.1 of these Terms and Conditions.
4. FORMATION OF AGREEMENTS
4.1 Any statement by Harman on the Website regarding the availability of Products constitutes an invitation to make an offer and not a binding offer by Harman. An agreement is concluded by Harman’s confirmation of the Customer’s order. Confirmation may be made electronically (e.g. through the Website, by email or text message, or by similar technologies) or, if agreed, in writing. For the avoidance of doubt, Harman’s confirmation of receipt of Customer’s order does not constitute Harman’s acceptance of the order.
4.2 Harman reserves the right to refuse orders placed by Customers at any time. If Harman avails itself of the right to refuse an order, Harman will notify the Customer of this as soon as possible following receipt of the Customer’s order.
4.3 Harman will provide the Customer with the confirmation of the content of the agreement as concluded by email at the time of confirming the order and in paper format at the time of delivery of the Products.
4.4 Information, images, communications, advertisements, quotations etc. placed on the Website or sent by email or any other means of communication about offers and the major characteristics of the Products will be provided as accurately as possible. However, Harman does not guarantee that all offers and Products correspond fully with the information provided unless the information has been designated as contractual information.
5. WITHDRAWAL FROM AGREEMENTS
5.1 The Customer (“You”) may withdraw from the agreement in compliance with the following instructions on the right of withdrawal:
RIGHT OF WITHDRAWAL
YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN 30 (THIRTY) DAYS WITHOUT GIVING ANY REASON TO THE EXTENT THAT YOU HAVE TREATED THE PRODUCT(S) AND ITS PACKAGING WITH DUE CARE AND ONLY UNPACKED OR USED THE PRODUCT(S) AS REASONABLY NECESSARY IN ORDER TO DECIDE WHETHER YOU WISH TO KEEP THE PRODUCT(S). THE WITHDRAWAL PERIOD WILL EXPIRE AFTER 30 DAYS FROM THE DAY ON WHICH YOU ACQUIRE, OR A THIRD PARTY OTHER THAN THE CARRIER AND INDICATED BY YOU ACQUIRES, PHYSICAL POSSESSION OF THE LAST GOOD.
TO EXERCISE THE RIGHT OF WITHDRAWAL, YOU MUST INFORM US
HARMAN INTERNATIONAL INDUSTRIES LIMITED
ATTN : SERVICE CLIENT
E-MAIL ADDRESS: [email protected]
TELEPHONE NUMBER : +44 1612223325
OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT BY AN UNEQUIVOCAL STATEMENT (E.G. A LETTER SENT BY POST, FAX OR EMAIL). YOU MAY USE THE ATTACHED MODEL WITHDRAWAL FORM, BUT IT IS NOT OBLIGATORY.
YOU CAN ALSO FIND THIS MODEL WITHDRAWAL FORM IN THE EMAIL CONFIRMATION OR IN THE SUPPORT SECTION ON THE WEBSITE.
TO MEET THE WITHDRAWAL DEADLINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.
CONSEQUENCES OF WITHDRAWAL
IF YOU WITHDRAW FROM THIS CONTRACT, WE SHALL REIMBURSE TO YOU ALL PAYMENTS RECEIVED FROM YOU, INCLUDING THE COSTS OF DELIVERY (WITH THE EXCEPTION OF THE SUPPLEMENTARY COSTS RESULTING FROM YOUR CHOICE OF A TYPE OF DELIVERY OTHER THAN THE LEAST EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY US, TO THE EXTENT APPLICABLE), WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN 14 DAYS FROM THE DAY ON WHICH WE ARE INFORMED ABOUT YOUR DECISION TO WITHDRAW FROM THIS CONTRACT. WE WILL CARRY OUT SUCH REIMBURSEMENT USING THE SAME MEANS OF PAYMENT AS YOU USED FOR THE INITIAL TRANSACTION, UNLESS YOU HAVE EXPRESSLY AGREED OTHERWISE; IN ANY EVENT, YOU WILL NOT INCUR ANY FEES AS A RESULT OF SUCH REIMBURSEMENT. WE MAY WITHHOLD REIMBURSEMENT UNTIL WE HAVE RECEIVED THE GOODS BACK OR YOU HAVE SUPPLIED EVIDENCE OF HAVING SENT BACK THE GOODS, WHICHEVER IS THE EARLIEST.
WE WILL ORGANIZE THE COLLECTION OF THE PRODUCTS IN QUESTION WITHIN THIS PERIOD AND, FOR THIS, WE WILL PROVIDE YOU WITH RELEVANT COLLECTION DETAILS BY EMAIL WITHIN REASONABLE TIME AFTER YOU INFORMED US ABOUT YOUR DECISION TO WITHDRAW FROM THE CONTRACT.
THE COSTS OF RETURNING THE GOODS WILL BE AS PROVIDED UNDER ARTICLE 6.2. FURTHER YOU ARE LIABLE FOR ANY DIMINISHED VALUE OF THE GOODS RESULTING FROM THE HANDLING OTHER THAN WHAT IS NECESSARY TO ESTABLISH THE NATURE, CHARACTERISTICS AND FUNCTIONING OF THE GOODS.
END OF THE INSTRUCTION ON THE RIGHT OF WITHDRAWAL.
6.1 The price that is applicable to the Product at the time of order is in British Pound Sterling and is inclusive of VAT, and exclusive of transport and delivery costs. Transport or delivery costs will not be charged to the Customer. Transport and delivery costs for products returned to Harman in compliance with Article 5 are indicated in Articles 5.1 and 6.2. The percentage and amount of VAT as well as any statutory disposal contribution and transport or delivery costs will be specified on each invoice.
6.2 In exercising the right to withdraw from an agreement as referred to in Article 5.1, Customer must bear the costs of returning the Product(s) if the returned Product(s) match the ordered Product(s) and if the price of the returned Product(s) is less than forty (40) Euros each. In other cases, Harman will bear the costs of the return postage of the Product(s).
7.1 Unless explicitly provided otherwise in writing, payment must be made by the means specified on the Website, without prejudice to the provisions of Article 7.4.
7.2 Certain means of payment may only be used if the requirements of such means have been met (such as an investigation of the Customer’s creditworthiness, authentification of the Customer and authorization). If such conditions apply, they will be indicated on the Website.
7.3 If the Customer decides to make payment by means of a credit card issued by a third party or an electronic payment method, the terms and conditions of the card issuer or bank will apply. Harman is not a party to the relationship between the Customer and the card issuer or bank. . Furthermore, a third party payment processing provider will facilitate the Customer’s payment through the Customer’s relevant credit card issuer or bank. Harman does not process Customers payments and only uses the data concerning those payments provided by the third parties.
7.4 If the Customer is in default of payment, the Customer must pay the outstanding amount increased by one and a half (1.5) of the annual statutory rate of interest, calculated from the first day subsequent to the expiration of the agreed payment period. Harman reserves the right to claim additional damages due to such default.
8. DELIVERY, DELIVERY DATE, TRANSPORT AND RISK
8.1 Harman will deliver the Products ordered to the delivery address stated by the Customer. For each order, the Customer must state whether the delivery address is the same as the invoicing address; it is possible to give a different delivery address.
8.2 Deliveries will be made solely in United-Kingdom, and no deliveries will be made to a post office box address. Delivery of the Products ordered will be carried out by a carrier enlisted by Harman.
8.3 Orders will be delivered as soon as possible after the order has been confirmed and the method of payment as stated by the Customer has been processed. In principle Harman endeavors to have its carrier deliver an ordered Product to the Customer within ten (10) working days, unless indicated otherwise by Harman and within a maximum period of thirty (30) working days. In principle, deliveries will be made on working days between 9:00 a.m. and 5:00 p.m.
8.4 Generally it will not be possible for a Customer to order Products temporarily out-of-stock. In the event this nevertheless takes place, Harman will let the Customer know when that product will become available again.
8.5 If a Customer is not present on the first working day that the ordered Product is delivered, the carrier will deliver the Product again on the next working day. An ordered Product will be delivered to the Customer a total of three (3) times. If the Customer is unable to take receipt of the Product, the Customer will receive a card in the letterbox. The card will state a telephone number that the Customer can phone to make a new appointment for delivery.
8.6 Indicated delivery times or dates are approximate only and are never deemed to constitute a deadline, unless a fix delivery date has been agreed. If a Customer has yet to meet an obligation toward Harman on any basis whatsoever, including making advance payment, whether by installment or otherwise, Harman is entitled to suspend delivery or supply of Products. If a delivery time or date is exceeded because the Customer did not give clear instructions in respect of delivery, supply or other matters, or did not furnish other information and/or carry out other acts required for delivery, or if a circumstance should occur that cannot be attributed to Harman and that formed an obstacle to delivery by or on the time/date for delivery, the time/date for delivery will be extended by the amount of time by which the performance of the agreement was delayed or interfered with.
If fulfillment by Harman of his obligations in respect of delivery or the time/date of such delivery are prevented or made difficult by unforeseen circumstances Harman has no control over, for example, mobilization, war, acts of terrorism, insurrection or a strike, interruption operations, lack of transportation, supply of raw material difficulties or other cases of force majeure, the time / date of delivery will be extended by the amount of time by which the performance of the agreement was delayed or interfered with. If the situation persists for a longer period than three (3) weeks, the Customer and Harman shall have the right to rescind the agreement. Harman agrees to reimburse payments made by the Client as soon as reasonably possible. If delivery of a Product is delayed, or if an agreement cannot be executed in whole or in part, the Customer will be notified as soon as Harman will be aware of such delay or inconvenience.
8.7 Early part-deliveries are permitted at all times. A Customer is obliged to accept such a delivery by Harman. The Terms and Conditions also apply to part-deliveries.
8.8 From the time at which the Product is delivered to the Customer, the Product is under the Customer’s financial responsibility and risk.
9. RETENTION OF TITLE
9.1 ALL PRODUCTS DELIVERED BY HARMAN WILL REMAIN THE PROPERTY OF HARMAN UNTIL THE AMOUNT DUE UNDER THE AGREEMENT IS PAID IN FULL, INCLUDING ANY INTEREST AND COSTS OF COLLECTION DUE.
9.2 If third parties allege that they have rights in respect of the Products delivered by Harman that are subject to retention of title, or wish to create a right in respect of these Products or wish to attach them, the Customer will inform Harman of this without delay.
9.3 If Harman terminates the agreement and recovers the Product(s), Harman is at all times entitled, but not obliged, to sell the Products to one or more third parties without prejudice to Harman’s right to reimbursement in full of the damage it suffers arising from the Customer’s failure to perform.
10. CONFORMITY AND WARRANTY
10.1 Harman warrants that the Products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or practicability and the statutory provisions and/or government regulations in existence on the date on which the agreement was concluded. Additional technical information of the Products is available on the Website(s).
10.2 A manufacturer’s warranty may be connected with Products bought from Harman by a Customer who is not acting in the exercise of his profession or business. The Customer will find information about this in or on the packaging of the Product in question or on the Website(s) This manufacturer’s warranty does not prejudice the rights and claims the Customer can assert vis-à-vis Harman under applicable laws. Harman will comply in full with the statutory obligations to which it is subject as a seller in relation to conformity of Products sold as meant toward a Customer.
10.3 In the event of non-conformity, Harman guarantees that it will provide for repair or replacement of the concerned Product within a reasonable term, in accordance with this Terms and Conditions and any applicable laws.
10.4 The statutory period of guarantee lasts for two (2) years beginning when the Product is delivered and/or in accordance with applicable law, and the invoice serves as guarantee certificate.
10.5 In the event of a defect in or to a Product that results from inexpert or improper use, external contingencies in the broadest sense of the word to which the Customer has exposed the Product, disassembly or de-installation, deliberate intent or gross negligence on the part of the Customer, the Customer can in no case make a claim against Harman under the warranty.
10.6 If a Customer makes a claim under the (statutory) warranty, he must cooperate with Harman to the extent necessary, inter alia by enabling Harman to conduct an investigation of the circumstances under which or in which the Product was used and the manner in which the Products were installed.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All intellectual property rights in relation to the Products sold and supplied by Harman remain the property of Harman or – if applicable – its supplier(s) or subcontractor(s), including entities affiliated with Harman or linked with it in a group, accrue exclusively to Harman or – if applicable – its supplier(s) or subcontractor(s). This includes copyrights, patent rights, trademark rights, design rights, know-how, the right to a trade name, database rights and exclusive licensing rights.
12.1 Harman’s liability toward the Customer is assessed on the basis of Articles 12.2 and 12.3:
12.2 Harman’s liability for damages resulting from negligence is limited to typical and reasonably foreseeable damage arising from the breach of a material contractual obligation. A material obligation is an obligation required for the execution of the purpose of the agreement and on the fulfillment of which the Customer trusts or may trust.
12.3 The foregoing limitation of liability does not apply to Harman’s liability in case of breach to life and physical integrity, willful misconduct and gross negligence.
13.1 If any of the provisions of the Terms and Conditions is invalid or is declared to be void or non-binding, this does not alter the validity of the other provisions.
13.2 Any rights and obligations arising from these Terms and Conditions for the Customer are non-transferable, unless this is stipulated in these Terms and Conditions or it has been explicitly agreed with Harman in writing.
13.3 The chapters and headings in these Terms and Conditions serve solely for the convenience of the reader and cannot influence the content or the meaning of the provisions in these Terms and Conditions.
13.4 In these Terms and Conditions, unless the contrary intention is reasonably obvious, gender includes all genders, the singular includes the plural and vice versa, and if a word or phrase is defined, its other grammatical forms have the corresponding meaning.
14. REPORTING COMPLAINTS
14.1 If a Customer is not satisfied with the way Harman is implementing or has implemented the agreement, the Customer can report his complete and clearly described complaint to Harman within due time.
14.2 A Customer can apply to Harman’s customer service department with any questions and/or complaints in relation to the products supplied by Harman. The customer service department can be reached at +44 1612223325 via [email protected] (Monday till Friday from 08:00 till 17:00).
14.3 Complaints submitted to Harman will be answered by Harman within a term of ten (10) working days after the day of receipt. If an answer to a complaint requires a foreseeably longer period, Harman will send the Customer confirmation of receipt of the complaint within the aforementioned term. This notification will also contain an indication of the period within which the Customer can expect a more extensive notification.
15. CHOICE OF LAW AND FORUM
15.1 The laws of England and Wales apply to all obligations between Harman and the Customer, to the Website, to these Terms and Conditions and to all contractual and non-contractual obligations arising therefrom or related thereto. The applicability of the United Nations Convention for the International Sale of Goods (CISG) (Vienna, April 11, 1980) is explicitly ruled out.