http://www.beoplay.com/shop is a Site operated by arvato distribution GmbH ("we", "us", "our"). We are registered in Germany and our principle place of business is Carl-Bertelsmann-Straße 23, 33332 Gütersloh, Germany.
2.1. Access to the B&O PLAY shop is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the B&O PLAY shop or the Site itself without notice (see below). We will not be liable to you if for any reason the B&O PLAY shop or the Service is temporarily unavailable at any time or for any period.
2.2. From time to time, we may restrict access to some or all parts of the B&O PLAY shop and/or the Service.
2.3. You are responsible for making all arrangements necessary for you to have access to the B&O PLAY shop and/or our Service. You are also responsible for ensuring that all persons who access the B&O PLAY shop through your internet connection are aware of these terms, and that they comply with them.
3.1. To order our products from the B&O PLAY shop please follow the instructions on screen. If you order any products your contract with us will be governed by our Terms and Conditions of Sale which can be found here http://www.beoplay.com/shop .
3.2. You may not use the B&O PLAY shop or its contents:
3.3. for commercial purposes;
3.3.1. for resale purposes including the systematic extraction and/or re-utilization of any part or the contents of the B&O PLAY shop (e.g. item listings, descriptions, prices);
3.3.2. to download (other than page caching) or modify the B&O PLAY shop, or any portion of it; or
3.3.3. for any purpose which is unlawful.
4.1. We are the owner or the licensee of all intellectual property rights in the B&O PLAY shop including the Service and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
4.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4. Using the B&O PLAY shop does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
4.5. B&O PLAY shop and all logos on the Site are business names and marks which are the property of arvato distribution GmbH or B&O PLAY.
We aim to update the B&O PLAY shop and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the B&O PLAY shop or the Services, or close it indefinitely. Any of the material on the B&O PLAY shop may be out of date at any given time, and we are under no obligation to update such material.
6.1. The B&O PLAY shop is provided "as is". Whilst we have taken every care in the preparation of the content of the B&O PLAY shop we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the B&O PLAY shop. Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non-supply or delay in supplying the Services are excluded to the extent permitted by law.
6.2.1. death or personal injury resulting from negligence;
6.2.2. fraud or deceit; or
6.2.3. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8. VIRUSES, HACKING AND OTHER OFFENCES
8.1. You must not misuse the B&O PLAY shop or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the B&O PLAY shop or the Service, the server on which the B&O PLAY shop or the Service is stored or any server, computer or database connected to the B&O PLAY shop. You must not attack the B&O PLAY shop or the Service via a denial-of-service attack or a distributed denial-of-service attack.
8.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the B&O PLAY shop and our Service will cease immediately.
8.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the B&O PLAY shop and our Service or to your downloading of any material posted on it, or on any website linked to it.
Where the B&O PLAY shop contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Last Updated: July 2016.
http://www.beoplay.com/shop is a website operated by arvato distribution GmbH a company incorporated under the laws of Germany whose principal place of business is at An der Autobahn 730, 33333 Gütersloh, Germany whose registered office is Harsewinkel, Commercial Register: Amtsgericht Gütersloh HRB 2200. We have been appointed by B&O PLAY as an authorized distributor for the Products. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the B&O PLAY Products listed on our website http://www.beoplay.com/shop to you. Please read these terms of sale carefully before ordering any Products from the B&O PLAY shop. You should understand that by ordering any of our Products, you agree to be bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from the B&O PLAY shop.
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the B&O PLAY shop.
If you have any questions regarding these terms of sale (including any technical questions) please click here: ecom-support-EMEA@beoplay.com.
In this agreement the following terms shall mean:
• "arvato", "we" or "us" means arvato distribution GmbH, its employees, subcontractors and/or other companies which are appointed by arvato to provide services in relation to the B&O PLAY shop operated by arvato;
• "Goods" means physical products such as (but not limited to), Speakers, Headphones and Accessories sold in the B&O PLAY shop;
• "Product" is any B&O PLAY product which may be purchased from the B&O PLAY shop operated by arvato; and
2.1. The B&O PLAY shop is only intended for use by customers resident in the following countries:
• The Netherlands
• United Kingdom
By ordering Products from the B&O PLAY shop, you warrant that:
2.1.1. You are legally capable of entering into binding contracts;
2.1.2. You are at least 18 years old; and
2.1.3. You are resident in one of the above countries and you are ordering the Products from one of these countries.
3.1. Please log into the B&O PLAY shop and browse the shop. To order any item simply click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top right hand corner of the screen. Please click on the button marked "Checkout" and follow the instructions on screen to complete your order.
4.1. The contract between us (the "Contract") will be concluded with arvato distribution GmbH (An der Autobahn 730, 33333 Gütersloh, Germany), an independent reseller of B&O PLAY products.
4.2. After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us and placing an order carries with it the obligation to make payment. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) a confirmation that the goods have been dispatched (Order Confirmation), or (b) the physical product to you.
4.3. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
5.1. Although we endeavor to ensure the availability of the Products shown in the B&O PLAY shop, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
5.1.1. to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
5.1.2. to notify you that we are unable to fulfill the order.
If you reject our offer of an alternative Product or we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
5.2. Your order will be fulfilled without undue delay and by the delivery date set out in the Order Confirmation or, if no delivery date is specified, within 30 days of the date of the Order Confirmation. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
5.3. Products sold in the B&O PLAY shop are delivered to you by courier if you have ordered Goods (for example Accessories, Speaker or Headphones).
6.1. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") give you the right to cancel your Contract with us within 14 days without giving any reason.
The cancellation period will expire as follows:
6.1.1. For Goods, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the Goods;
6.1.2. In a Contract for the sale of multiple Goods with different delivery dates, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the last of the Goods;
6.2. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by filling in the return form or a clear statement (for example, a letter sent by post, fax or e-mail). For these purposes, our contact details are: arvato distribution GmbH (An der Autobahn 730, 33332 Gütersloh, Germany), email: ecom-support-EMEA@beoplay.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.3. If you exercise your above rights of cancellation but have received Goods in connection with the Contract, you shall send back the Goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired.
6.4. You should take reasonable care of the Goods whilst they are in your possession. You are only liable for any diminished value of the Goods resulting from the handling of the Goods other than as required to establish the nature, characteristics and functioning of the Goods.
The Goods will be at your risk from the day you (or anyone nominated by you) receive(s) the Goods.
8.1. The price of any Products will be as quoted in the B&O PLAY shop from time to time, except in cases of obvious error.
8.2. These prices include VAT but exclude delivery costs, which will be added to the total amount.
8.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4. The B&O PLAY shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the B&O PLAY shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the B&O PLAY shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
8.6. Payment for all Products must be made prior to order processing. We are under no obligation to deliver the Products until we have received payment from you.
9.1. If you cancel the Contract in accordance with the cancellation rights set out in section 6 above, we will reimburse to you all payments received from you, including the costs of delivery and return of the Goods. We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you the Goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, 14 days after the day on which we are informed about your decision to cancel the Contract. 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.
9.2. If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 21 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice to ecom-support-EMEA@beoplay.com You are required to return any Goods to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product or investigate your complaint and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.3. We will make the 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 the reimbursement.
9.4. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
9.5. We do not offer VAT refunds for orders placed online at beoplay.com. The price applicable is the price set out next to the product in question on the website on the date of ordering.
11.1. We are under a legal duty to provide Products which comply with the terms of the Contract. In accordance with your statutory rights we warrant to you that any product purchased from the B&O PLAY shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2. The product specifications and system requirements required to operate products are described in more detail in the product specs which can be found either at the B&O PLAY shop or directly at the B&O PLAY websites. We cannot ascertain whether your computer fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed.
11.3. We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the B&O PLAY shop.
11.4. This does not include or limit in any way our liability:
11.4.1. for death or personal injury caused by our negligence;
11.4.2. under Section 2(3) of the Consumer Protection Act 1987;
11.4.3. for fraud or fraudulent misrepresentation; or
11.4.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.5. Nothing in these terms of sale shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your local citizens advice bureau.
Products offered in the arvato B&O PLAY shop are the intellectual property of B&O PLAY.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the B&O PLAY shop, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the B&O PLAY shop or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to arvato distribution GmbH at An der Autobahn 730, 33333 Gütersloh, Germany or by email to ecom-support-EMEA@beoplay.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in the B&O PLAY shop, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and (in the case of an e-mail) that such e-mail was sent to the specified e-mail address of the addressee.
We ask that you contact us by email: ecom-support-EMEA@beoplay.com .
15.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
16.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1. strikes, lock-outs or other industrial action.
16.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5. impossibility of the use of public or private telecommunications networks.
16.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
16.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3. No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.1. These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
19.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.
20.1. We have the right to revise and amend these terms of sale from time to time.
20.2. Any Contract will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contracts for the purchase of Products placed through the B&O PLAY shop http://beoplay.com/shop (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to those Contracts or their formation) will be governed by and construed in accordance with German law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Germany.
The language of the Contract shall be English.