HARMAN GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS 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 and with VAT number GB769 6479 54.
APPLICABILITY
5.1 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;
- Commercial Purposes: commercial activities and/or other undertakings intended for profit undertaken or to be undertaken with the Products, such as the marketing and resale of the Products to third parties;
- Customer: any natural person entering or intending to enter into an agreement for the sale of Products for a purpose outside one’s business, trade, liberal profession or self-employed activity;
- Products: all items that Harman offers for sale to its Customers through its Website;
- Personalized Products: all Products ordered from the ‘Personalize’ section of the Website, if available;
- Website:
http://uk.akg.com also accessible via www.akg.com/shop
http://uk.harmankardon.com also accessible via www.harmankardon.com/shop
http://uk.jbl.com also accessible via www.jbl.com/shop
1.2 Except where expressly stated otherwise on the Website for a particular Product and/or transaction, these 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.
1.3 These Terms and Conditions, the Terms of Use, and the Privacy Policy are available on the Website. Before an order can be sent, the Customer must accept these Terms and Conditions by ticking the appropriate check box and pressing the final submission button. Customers can save and print the Terms and Conditions and the order details, using the facilities available on the Website, and for keeping the saved copy permanently available. Harman will confirm receipt of the order by email.
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. COMMUNICATION
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. NO COMMERCIAL PURPOSES
3.2 In addition to other remedies available to us, Harman reserves the right to refuse, cancel and block orders if Harman on reasonable grounds suspects that Products are purchased for and/or are associated with Commercial Purposes.
3. ORDERING PROCESS
3.1 Choosing from our Products. Customers will choose the Product(s) they want to order by clicking the “Add to cart” button. This will add the item(s) to Customer’s basket. Customers can change their choice at any time up to sending the 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. Customers will specify their 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 Privacy Policy 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 Privacy Policy (by checking the relevant boxes).
3.3 Payment method selection. Customer will select the desired method of payment. Additional information is provided under Article 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) AND AS WOULD REASONABLY BE PERMITTED IN A PHYSICAL SHOP. WHEN RETURNING THE PRODUCT(S), THE PRODUCT(S) SHOULD BE SENT BACK TOGETHER WITH THE ORIGINAL PACKAGING. RETURNS SHOULD BE MADE IN FULL INCLUDING ALL PRODUCT(S) TO BE RETURNED TOGETHER WITH ANY ADDITIONAL PROMOTIONAL AND/OR GIVEAWAY ITEM(S) THAT WERE SUPPLIED TOGETHER WITH THE PRODUCT(S), REGARDLESS OF WHETHER THESE ADDITIONAL PROMOTIONAL AND/OR GIVEAWAY ITEM(S) RECEIVED TOGETHER WITH THE ORDER WERE GIVEN AWAY FOR FREE OR AGAINST PAYMENT. 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.
THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO PERSONALIZED PRODUCTS. ONCE PERSONALIZED PRODUCT ORDERS HAVE BEEN PROCESSED, THEY CANNOT BE CANCELLED, WITHDRAWN OR RETURNED.
TO EXERCISE THE RIGHT OF WITHDRAWAL, YOU MUST INFORM US 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.
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.
THE CONTACT DETAILS AND OPENING TIMES OF HARMAN’S CUSTOMER SERVICE CAN BE FOUND ON THE WEBSITE’S SUPPORT PAGES.
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. PRICES
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, Harman will bear the costs of the return postage of the Product(s), unless explicitly stated otherwise.
7. PAYMENT
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, authentication 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 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 Customer’s 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.
8.2 Deliveries will be made solely in the 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. The invoicing address may be in another country of the European Union, outside of the United-Kingdom.
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 that are 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 Large Product(s) may be delivered to Customer on a pallet, the disposal of which is to be organized by Customer.
8.6 If a Customer is not present on the first working day that the ordered Product is delivered or the Product cannot alternatively be received by a neighbour/concierge/receptionist/etc., the carrier will attempt to carry out one subsequent Product delivery to the Customer. An ordered Product will be delivered to the Customer a total of two (2) times. If the Customer is unable to take receipt of the Product, the Product will either be returned to its origin or kept at a parcel store or other available location ready for the Customer to pick it up.
8.7 Indicated delivery times or dates are approximate only and are never deemed to constitute a deadline unless a fixed 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 its 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, (a) acts of God; (b) fire, hurricane, flood, earthquake, epidemic, pandemic or any other (natural) disaster; (c) riot, war, armed conflict, invasion, terrorist threats or act, destruction of production, office or warehouse facilities; (d) acts of any national, supranational, or public or military authority,; (e) national or regional emergency; (f) import/export embargoes, blockade, industrial disputes,; (g) unavailability or delay in supply of (raw) materials, transportation services, custom services or labour on normal commercial terms, power outages or shortages, telecommunication breakdowns, 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.
8.8 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.8.9. In case of issues with the Product delivery, please visit the website’s Support Pages for further information.
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. 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 warranty period begins when the Product is delivered and is granted 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 investigate the circumstances under which or in which the Product was used and the manner in which the Products were installed.
10.7 For further information on how to submit a claim concerning the delivered Product, please visit the website’s Support Pages.
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. LIABILITY
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.
12.4 When placing an order for a Personalized Product the Customer represents and warrants that (i) they own all rights in and to any and all content uploaded for the purposes of the Product personalization; (ii) they have permission from all person(s) appearing in any and all content uploaded for the purposes of the Product personalization to grant the rights granted herein; (iii) they are over the age of 18; and (iv) Harman’s, Harman’s third-party service providers’, and Harman’s retail partners’ use of any and all content uploaded for the purposes of the Product personalization will not violate the rights of any third party or any law. The Customer hereby releases, discharges and agrees to hold Harman, Harman’s third-party service providers and/or Harman’s retail partners harmless from any liability related in any way to any and all content uploaded by the Customer for the purposes of Product personalization.
12.5 The Customer understands and acknowledges that they are responsible for any and all content uploaded by the Customer for the purposes of Product personalization, and the Customer, not Harman, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Harman has no liability or responsibility to anyone for performance or nonperformance of the activities described in these Terms.
13. MISCELLANEOUS
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 Customers are not satisfied with the way Harman is implementing or has implemented the agreement, Customers can report their 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 via the Website’s Support Pages or via customer.support@harman.com (Monday to Friday from 08:00 to 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.
14.4 Customers’ right to submit complaints does not in any way restrict their right to invoke legal claims.
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.
16. Model Withdrawal Form
Complete and return this form only if you wish to withdraw from the contract
To:
Harman International Industries Limited
Ground Floor, Westside 2, London Road, Apsley, Hemel Hempstead, Hertfordshire, HP3 9TD, United Kingdom
I/We(*) hereby give notice that I/We(*)withdraw from my/our(*) contract of sale of the following goods(*): _______________________________________________
Ordered on:___________________
(*)/received on: _______________________
Name of consumer(s): ______________________________________
E-mail address/Address of consumer(s), _________________________________ _________________________________
_________________________________
______________________________________________________
Date Signature of consumer(s) (only if this form is notified on paper)
(*)Delete as appropriate.