Terms & Conditions of Sale (US)

Effective Date: March 5th, 2024

Introduction

This page, together with the documents expressly referred to on it, tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.

You will be asked to confirm your acceptance of these Terms before being able to place an order. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms, or save them to your computer, for future reference.

Audio Partnership LLC is a reseller to end-users in the United States only and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products purchased from Audio Partnership LLC.

1. Information about us

Privacy policies can be complicated. We have tried to make ours as clear and as accessible as possible. To help, we have also summarised how we handle your personal information at Cambridge Audio in our privacy principles below. These principles demonstrate our commitment to protecting your privacy and handling your personal information in the right way and as you would expect it to be handled.

At Cambridge Audio we:

Cambridge Audio USA is a part of Audio Partnership LLC, 1913 N. Milwaukee Ave., Chicago, IL 60647 USA

2. Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

2.3 The packaging of the Products may vary from that shown on images on our site.

2.4 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.

3. Use of Our Site

3.1 Your use of our site is governed by our Terms of Use and Acceptable Use Policy. Please take time to read these, as they include important terms which apply to you

4. How we use your personal information

4.1 We only use your personal information in accordance with our Privacy Policy. Please take time to read this, as it includes important information which applies to you.

5. If you are a Consumer

5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Nothing in these Terms will affect these legal rights.

6. How the Contract is formed between You and Us

6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process

6.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 6.3 below.

6.3 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our site as referred to in clause 9.5 below, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. Your Consumer Right of Return and Refund

This clause 7 only applies if you are a consumer.

7.1 If you are a consumer, you have the right to cancel a Contract for the period set out in clause 7.2 below. This means that during that period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. This does not affect your legal rights to cancel the Contract.

7.2 Your right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 60 days in which you may cancel, starting from the day you receive the Products.

7.3 To cancel, please contact us in writing to tell us at https://www.cambridgeaudio.com/order-query. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date that you contacted us.

7.4 You will be provided with a Return Merchandise Authorisation (RMA) number from Cambridge Audio prior to returning the product along with instructions of how to return the product. If products are returned without a RMA number, they may be rejected and returned to you.

7.5 The products must be returned in such condition and as duly packed as can be reasonably expected. We reserve the right to reduce the refunded amount if there is damage to the product or missing accessories.

7.6 If you exercise your right to cancel and the products are returned to us as referred to in clauses 7.4 and 7.5, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case:

a) 14 days from the day you return any goods supplied, or provide evidence that you have returned them, or

b) if there were no goods supplied, 14 days from the day on which we are informed about your decision to cancel this contract.

8. Delivery

8.1 Your order will be fulfilled by the estimated delivery date (and time slot if applicable) set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

8.2 Delivery will be completed when we deliver the Products to the address you gave us.

8.3 The Products will be your responsibility from the completion of delivery.

8.4 You own the Products once we have received payment in full, including all applicable delivery charges.

8.5 Please note that there are a small number of zip codes, usually in remote rural areas, to which we may not be able to deliver within the provided timescale. See the section on Delivery exceptions for more details. If you have any queries regarding your order, please contact us at https://www.cambridgeaudio.com/order-query

8.6 We can accept orders for delivery to addresses within the continental US, Alaska and Hawaii

9. Price

9.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication. However, if you discover an error in the prices of the products you ordered, please see clause 9.5 below for what happens in this event.

9.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

9.3 The price of a Product is exclusive of any applicable taxes. Taxes are calculated at checkout based upon your shipping address and our tax nexus.

9.4 The price of a Product does not include any applicable delivery charges.

9.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

10. Payment

10.1 Payment must be made by one of the following: Mastercard, Visa, American Express, Discover or Paypal. Payment for the products and all applicable delivery charges is in advance.

10.2 In order to offer Klarna's payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed with Klarna's own privacy notice.

10.3 In cooperation with Klarna Bank AB (publ), Sveavagen 46, 111 34 Stockholm, Sweden, we offer you the following payment options:

 - Pay in 4 instalments

 - Pay Now

10.4 Further information and Klarna's user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

11. Our Liability if you are a Consumer

11. Our Liability if you are a Consumer

This clause 11 only applies if you are a consumer.

11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

11.2 We only supply the Products for domestic or private use. You agree not to use the Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. Events Outside Our Control

12.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause

12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.

12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

1. we will contact you as soon as reasonably possible to notify you;
2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13. Communications Between Us

13.1 When we refer in these Terms to “in writing”, this will include email.

13.2 If you are a consumer:

1. to cancel a Contract in accordance with your legal right to do so as set out in clause 7.1, please contact us at https://www.cambridgeaudio.com/order-query. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date that you contacted us;
2. if you wish to contact us in writing for any other reason, you can contact us using the following form: https://www.cambridgeaudio.com/support-query

13.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

14. Other important terms

14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15. Warranty Details

15.1 Cambridge Audio products sold directly from Cambridge Audio’s website:

All Electronics, Disc Players, Speakers, TV Speakers and Remotes come with a standard 2-year warranty – Parts and labour.

Wireless Speakers and Earphones – 1 year – Parts and labour

This does not cover above average wear and tear, misuse and abuse.

15.2 The warranty covers the repair or replacement (at Cambridge Audio’s discretion) of your Cambridge Audio product if it is found to be defective due to faulty materials or workmanship within the warranty period.

If any part is no longer available (e.g. particular colour variations), Cambridge Audio will replace it with a functional replacement part.

Your statutory rights are not affected by this guarantee.

15.3 What isn't covered by a Cambridge Audio warranty?

Cambridge Audio products are engineered and constructed for continual high performance in normal domestic settings. If a Cambridge Audio machine is used in the way it's intended, and it breaks down within the warranty period, it's our responsibility to repair or replace it.

There are, however, some circumstances in which a Cambridge Audio warranty doesn't cover the repair or replacement of a product. These aren't hidden in the small print. Here's what isn't covered:

• Above average wear and tear
• Accidental damage
• Damage as a result of use not in accordance with the product’s power rating.
• Damage from external sources such as transit, weather, electrical outages or power surges.
• Failures caused by circumstances outside of Cambridge Audio’s control.

Faults caused by:

• Negligent use, misuse, neglect or careless operation of the machine;
• Use of parts not assembled or installed in accordance with the instructions of Cambridge Audio.
• Repairs or alterations carried out by parties other than Cambridge Audio or its authorised agents.

15.4 The terms and conditions of a Cambridge Audio warranty are as follows:

• The warranty becomes effective at the date of purchase (or the date of delivery if this is later).
• You must provide proof of purchase before any work can be carried out on your machine under the warranty. Please note that without this proof any work carried out will be chargeable. Please keep your purchase receipt.
• All work will be carried out by Cambridge Audio or its authorised agents.
• Any parts which are replaced will become the property of Cambridge Audio.
• The repair or replacement of your machine under warranty will not extend the period of the warranty.
• The warranty provides benefits which are additional to and do not affect your statutory rights as a consumer.

15.5 Where is the Cambridge Audio warranty valid?

This warranty will only be valid if the product is used in the country in which it was sold.

If you take your product abroad the warranty may be invalidated. However, we will do our best to help you in your new country of residence.

If you need any advice, please contact us at https://www.cambridgeaudio.com/support-query

15.6 Are Cambridge Audio warranties transferable?

Cambridge Audio warranties are transferable with the product, provided the original proof of purchase from Cambridge Audio is supplied, together with evidence of any change of ownership of the machine, confirming that the machine was in good working order when the change of ownership took place.

16. Disputes

16.1 Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by us or cambridgeaudio.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

16.2 There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

16.3 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Cambridge Audio, Attention Legal Department, 1913 N. Milwaukee Ave., Chicago, IL 60647, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-

Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

16.4 We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

17. Sales Taxes

17.1 Audio Partnership LLC withholds applicable sales tax for orders to be delivered to addresses within:

Florida

California

Illinois

Virginia

Maryland

Colorado

Georgia

Massachusetts

Ohio

Washington

New Jersey

Kentucky

Minnesota

North Carolina

Pennsylvania

Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location.