In these terms and conditions "we" and "us" mean Eigenlabs Limited, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products, Software and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or if we email you.
http://eigenlabs.com (the site) is a website operated by Eigenlabs Limited. We are registered in England and Wales under company number 04315326 and with our registered office at 5th Floor, Walmer House, 288 Regent Street, London, W1B 3AL. Our VAT number is 799 6971 29.
1.1 By placing an Order through our Site, you warrant that:
1.1.1 You are legally capable of entering into binding contracts; and
1.1.2 You are at least 18 years old.
You may place an Order by:
2.1 Visiting our online store at http://eigenlabs.com after logging into or creating your personal account, following the process for submitting an Order as set out on the Site and clicking on the appropriate confirmation button; or
2.2 Telephoning us on our dedicated order line which can be found via our "Contact Us" page on http://eigenlabs.com The Order will be processed within the same working day. Our normal hours of business are between 9.00am and 5.00pm (Greenwich Mean Time [GMT] or British Summer Time [BST]) Monday to Fridays;
2.3 We are unable to accept Orders placed in any way other than those listed above.
2.4 When you place your Order, we will issue you with a Customer Order Number via email. This will be included in your Order Confirmation as a point of reference. Please note that such a Customer Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.5 By placing an Order, you make an offer to us to purchase the Products, Services and/or the Software (excluding any open source software we make available on the web site) you have selected on these terms and conditions. We may or may not accept your Order at our discretion.
2.6 We will process your Order and a legally binding contract will have been formed between us and you when we send you the Order Confirmation via e-mail. If we cannot accept your Order because, for example, your payment has not been authorised we will attempt to contact you by email or telephone.
2.7 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability.
2.8 Information contained in our advertising, brochures, other written materials, on our websites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products, Services and/or Software.
3.1 Please note that in some cases, we may accept orders as agents on behalf of third party sellers. In which case, the resulting legal contract is between you and that third party seller and is subject to the terms and conditions of that third party seller, which they will advise you of directly.
3.2 We may also provide links on the Site to the websites of other companies. The inclusion of links does not necessarily imply a recommendation or endorse the views expressed within them. We cannot give any undertaking that products you purchase from third party sellers through such websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely. We will notify you when a third party is involved in a transaction and we may disclose your customer information related to that transaction to the third party seller.
4.1 We have made every effort to display the Products as accurately as possible. However, we cannot guarantee that your monitor’s display of the colour, texture or detail of the Product will be exactly the same as the actual Product delivered to you. Given the nature of the materials used and the handmade construction of some of our Products there may be minor variation between the images on the Site and the Products you receive.
5.1 The price for the Products, Services and Software will be as quoted on our Site from time to time.
5.2 VAT is payable by you at the applicable rate as indicated on the Site.
5.3 If you make a purchase from the Site outside the European Union (EU) you will not be eligible for payment of Value Added Tax (VAT) but may be subject to an analogous value added tax under the laws in which you make the purchase. It is your responsibility to pay this tax.
5.4 Delivery costs are not included in the prices quoted for the Products but are quoted separately on the Site.
5.5 If there is a pricing error, we are under no obligation to provide the Product, Services and/or Software to you at the incorrect price (even if we have sent you an Order Confirmation).
5.6 Payment for all Products, Services and Software (excluding any open source software we make available on the web site) must be by credit or debit card or such alternative methods as displayed on the Site from time to time.
6.1 We can customise certain Products, such as the Alpha Eigenharp to meet your specifications and requirements ("Customised Products"). Please refer to the Site for the latest information regarding Customised Products. We will charge a 50% deposit of the total price for each Customised Product order at that the time the order is processed and such items may not be returned for a refund under any circumstances.
6.2 We will charge the remaining 50% of the total price for the Customised Product when we have completed the customization and have dispatched the Customised Product to you.
7.1 You must pay for the Products, Services and/or Software (excluding any open source software we make available on the web site) in pounds sterling or any alternative currency as stated on the Site from time to time.
7.2 If you are paying by credit card, then you must supply your credit card details when you place your Order. You will be charged a credit card booking fee when we process your order, which will be notified to you before you place your Order. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
7.3 To ensure that your credit, debit or any other charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity. All information provided by you will be treated securely and strictly in accordance with our Data Protection Policy. Please refer to our Site to view our Data Protection Policy.
8.1 Products will be delivered globally subject to courier service levels available. Please note, we exclude all liability in the event the Product you have ordered cannot be delivered to you due to a lack of availability of courier service in the region you have selected for delivery. If we are unable to deliver your Product due to a lack of availability of a courier service we will contact you by e-mail or telephone and will give you the option of having the Product delivered to an alternative address. You shall be liable for all additional costs incurred as a result of such re-direction.
8.2 Subject to clause 14.1 we will deliver your Products to the delivery address as shown on your Order Form unless you are paying for your Products by credit card in which case, we will normally deliver your Products to the billing address for your credit card as indicated on your Order Confirmation. For an additional fee we can also offer delivery to a unique address other than the customer billing address. Please contact Customer services (contact details for which are on the Site) for further details on charges applicable.
8.3 We will use our reasonable endeavours to manufacture any Customised Product you order within the time we state on the website. Customised Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times. If you have ordered several Products at one time, we may deliver such Products on different days.
8.4 You must ensure that you are available to accept delivery of the Product at the agreed delivery time. If you are not available upon delivery, the Product will be held at the local sorting office and you shall be responsible for collecting the Product and payment of additional charges incurred as a result.
8.5 Risk in your Product(s) will pass to you from the time we despatch the Product(s) to you. Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s).
Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
9.1 Subject to Clause 12 below, you may return the Product or Software to us and obtain a refund of the price of the returned Product or Software if you contact us within 7 working days (such period beginning with the day after the day on which you receive the Product(s) or Software) and if you have not opened the product packaging. Please note that Eigenharps are not subject to any statutory right of return in the UK if the Product packaging is opened since they contain a personal hygiene component, the breath system, and cannot be resold as a result. Please note that you will be responsible for the cost of returning the Product to us.
9.2 You will not have the right to cancel your Order pursuant to Clause 9.1 above if the Product or Software in question is: 9.2.1 A Customised Product.
9.2.2 Software which you have paid for which you have successfully downloaded from the Site.
9.3 Please note that while the Product(s) and/or Software remain in your possession you are under a duty to ensure that the Product(s) and/or Software are kept safe and secure. The Product(s) and/or Software must be returned in their original condition.
9.4 Please note that if you are purchasing the Products and/or Software in the course of a business, the cancellation rights outlined in Clause 9.1 above will not apply to you.
10.1 You may cancel an Order and obtain a full refund for Services within 7 working days (such period beginning with the day after the day on which the Order Confirmation is sent).
10.2 You may not cancel your Order and obtain a refund if you have commenced use of the Service.
10.3 Please note if you are purchasing Services in the course of a business, the cancellation rights out lined in Clause 10.11 will not apply to you.
11.1 If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair, please contact our Customer Services department. Full contact details and operating times can be found at http://eigenlabs.com If after examination we are satisfied that the Product has a defect, we will refund you in full, including a refund of the delivery charges for sending the Product to you and the cost incurred by you in returning the Product to us provided you have adhered to our returns procedure as published on our Site.
12.1 Please refer to the Site for steps to follow to claim a refund.
12.2 Please note that your failure to follow the returns procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
13.1 All Software (excluding any open source software we make available on the web site) is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software or are provided when the Software is downloaded from the Site.
13.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We cannot warrant that your use of the Software will be uninterrupted or error-free. We regret that we are unable, under any circumstances to refund monies for an opened software package unless it is faulty.
13.3 In due course it will be possible for you to purchase the latest downloadable Software displayed on the Site. At that time please refer to the Site for the latest information, details of promotions and the different types of Software subscriptions available. In the event that you are purchasing the latest release of our software once we have received payment authorisation from your credit card issuer, you will receive instructions to begin downloading your Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 7 Calendar Days of receiving the download instructions request a refund. Refund requests should be sent via email to refund@eigenlabs.com. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.
13.4 Please refer to the Site for the latest information and details of promotions and different types of Software subscriptions available.
13.5 Software subscriptions and free user support belong to the registered user and are not transferable to a third party.
14.1 You may contact our Customer services department should you experience any problems with our products. Customer support shall consist of advice and guidance in relation only to set-up and installation problems, missing parcels or accessories and associated usability issues.
14.2 We reserve the right to charge for a premium telephone support service. Full details of which will be available at http://eigenlabs.com We will advise you of any charges applicable and costs incurred.
14.3 You may contact the Customer services team through the Site - http://eigenlabs.com Here you will find full details of opening times and expected reply times for customer contact.
14.4 In providing Customer support via email and telephone, we will attempt to resolve your query when you first contact us. We cannot guarantee resolution of your queries. On occasions we may need to contact you again in order to suggest a resolution.
14.5 We will endeavor to reply to all customer emails within one working day of receipt.
14.6 All customers who contact us via our Customer services department will receive a unique Customer contact reference which will be specific to their query.
14.7 We reserve the right to request specific Customer information relating to your original purchase and Product condition in order to assist us with any queries we may have.
14.8 Please note you shall only be entitled to receive Customer support if you have purchased a Product, Software (excluding any open source software we make available on the web site) or Services from the Site.
14.9 In the event that a customer wishes to see a copy of any contract concluded between himself/herself and Eigenlabs Limited the customer should contact our Customer Services Department who will be happy to provide copies of the contracts we hold on file between yourself and the company.
15.1 All new instruments purchased on the Web Site carry a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, form part of and are incorporated into this Contract by reference. You may review a copy of the limited warranty on new instruments including its limitations and exclusions, before your purchase, by clicking the appropriate link on the Site. Such a limited warranty covers musical instruments only; it does not cover Software, Services or any other Products.
15.2 Whenever contacting us in relation to your warranty entitlement you should do so during our normal hours of business i.e. between 9.00am and 5.00pm (Greenwich Mean Time [GMT]or British Summer Time [BST]) Monday to Fridays; and quote your Customer Order Number. You will bear the cost of telephone calls you make to us at your national rate.
16.For non Eigenlabs-branded Products (including non Eigenlabs-branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to our Customer services team. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
17.1 We aim to ensure that all Customers who have concerns over quality of service or our Product range can have their complaints and queries handled in a professional and proactive manner. Please refer to the Site for details of our Customer complaints procedure which outlines a simple process to enable Customers to contact us.
18.1 While we try to ensure this Site is normally available twenty four (24) hours a day, we will not be liable if this Site is unavailable at any time or for any period.
18.2 Access to this may be suspended temporarily and without notice.
18.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Site. Any transmission is at your own risk.
19.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Site will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
19.2 You are prohibited from posting, uploading or transmitting to or from this Site any material that:
19.2.1 breaches any applicable local, national or international law;
19.2.2 is unlawful or fraudulent;
19.2.3 amounts to unauthorised advertising; or
19.2.4 contains viruses or any other harmful programs.
19.3 You may not misuse the Site (including by hacking).
19.4 Any comments or feedback that you submit through the Site must not:
19.4.1 contain any defamatory, obscene or offensive material;
19.4.2 promote violence or discrimination;
19.4.3 infringe the intellectual property rights of another person;
19.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
19.4.5 promote illegal activity or invade another’s privacy;
19.4.6 give the impression that they originate from us; or
19.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
19.5 The prohibited acts listed in clause 19.2, 19.3 and 19.4 above are non-exhaustive. You shall indemnify us and hold us harmless from any and all claims, liabilities, losses, damages, costs and expenses arising out of your failure to comply with any of the above restrictions.
19.6 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of clauses 19.2, 19.3 and 19.4.
20.1 The information contained in the Site is for general information purposes only. The information is provided by Eigenlabs Limited and while we endeavour to keep the information up to date and correct, to the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, Products, Services or Software, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
20.2 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or loss of profits (whether direct or indirect) arising out of, or in connection with, the use of this Site.
21.1 The Site and its content is copyright of Eigenlabs Ltd - © Eigenlabs 2009. All rights reserved. We are the owner or the licensee of all intellectual property rights in the Site and in the material published on it.
21.2 Any redistribution or reproduction of part or all of the contents of the Site in any form is prohibited other than the following:
21.2.1 you may print or download to a local hard disk extracts for your personal and non-commercial use only;
21.2.2 you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material.
21.2.3 You must not modify the content or extracts you have downloaded or copied. Our status (and that of any identified contributors) as authors of material on our Site must always be acknowledged.
21.2.4 You may not, except with our express written permission, distribute or commercially exploit the content of this Site. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
22.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services), Software and Services.
22.2 Any warranty, condition or other term arising out of or in connection with the supply of Products, Software and Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products, Software and/or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products, Software and/or Services are suitable for your purposes.
22.3 Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) fraudulent misrepresentation or (iii) any other liability which cannot be excluded or limited under applicable law.
22.4 With the exception of liability referred to in Clause 22.3, we will not be liable for any direct, indirect or consequential loss or damage incurred by you under the Contract in connection with your use or inability to use the Site, any websites linked to it or any materials posted on it, including, without limitation liability for any loss of income, loss of profits (whether direct or indirect), loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
22.5 With the exception of liability referred to in Clause 22.3, our maximum aggregate liability to you in relation to your use of the Site, Customer Orders made, Products, Software and Services provided whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s), Software and/or Services in question.
This does not affect your statutory rights as a consumer.
23.1 You can contact us:
23.1.1 Via email to support@eigenlabs.com
23.1.2 By Post to Eigenlabs Limited Returns Department, Uphill Farm, Ponsworthy, Devon TQ13 7PH.
23.1.3 By telephoning our Customer Services team. Full contact details can be found at http://eigenlabs.com
23.2 We do ask that when contacting us please ensure that you have any relevant reference numbers.
24.1 If you are ordering from overseas you may be subject to import duties and taxes, which occur once the goods reach the specified destination. Any additional charges incurred at this point are your responsibility and must be borne by you. For further information please contact your local customs office as policies differ from country to country.
24.2 The Products and/or Software provided under these terms and conditions may be subject to the export laws and regulations of one or more countries (“Export Regulations”). You must not use, distribute, export or transfer any Products and/or Software except in compliance with all applicable Export Regulations. Without prejudice to any other remedy we may have, you shall indemnify and hold us harmless from any and all claims, liabilities, losses, damages, costs and expenses (including legal fees), arising out of or in connection with your failure to comply with all applicable Export Regulations.
24.3 You shall indemnify and hold us harmless from any and all claims, liabilities, losses, damages, costs and expenses (including legal fees), arising out of or in connection with your failure to comply with all applicable laws.
25.1 By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or telephone Order for the purposes of processing your Order. For more detailed information on how we protect your personal information please refer to our Privacy Policy. If you wish to have access to the information that we hold concerning you, please contact our Customer Services team.
26.1 These terms and conditions and Order Confirmation shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions, Order Confirmation, Products, Software and/or Services (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
27.1 If any provision or part of a provision of these terms and conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these terms and conditions and the remainder of these terms and conditions will apply as if the offending provision or part provision had never been agreed.
27.2 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these terms and conditions will not be interpreted as a waiver of your or our rights or remedies.
27.3 You may not transfer any of your rights or obligations under these terms and conditions without our prior written consent. We may transfer any of our rights or obligations under these terms and conditions without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
27.4 We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays of failure to perform if such delay or failure to perform is caused by any circumstances beyond our reasonable control.
27.5 The headings in these terms and conditions are included for convenience only and shall not affect their interpretation.
In these terms and conditions:
"Accessory" means any ancillary Product such as a USB stick, strap, stand or breath pipe etc. further details of which are on the Site;
"Customer" means a customer who purchases Products, Software and/or Services (whether as a consumer or in the course of a business);
"Contract" means these terms and conditions together with your Order Confirmation;
"Customer Order Number" means the order number issued by us to you;
"Date Protection Policy " means our policy governing how we process you personal information;
"Order Confirmation" means notification by email that your Order has been accepted by us and payment has been authorised;
"Order Form" means the electronic order form on the Eigenlabs Web Site;
"Order" means an order placed by you in accordance with these terms and conditions;
"Product" means any product listed on the Site, including but not limited to the Alpha Eigenharp, the Pico Eigenharp and Accessories which we agree to supply to you on these terms and conditions;
"Services" means any chargeable or other services (excluding warranty and telephone support services) listed on the Site which we agree to supply to you on these terms and conditions;
"Site" means our website for customers the web address of which is http://eigenlabs.com
"Software" means any software (excluding any open source software we make available on the web site) which is downloadable from the Site upon payment of an annual subscription fee. Such software may include software which enables you to receive tutorials and play musical instruments;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in England.
In these terms and conditions "we" and "us" mean Eigenlabs Limited, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products, Software and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or if we email you.
http://eigenlabs.com (the “Site”) is a website operated by Eigenlabs Limited. We are registered in England and Wales under company number 04315326 and with our registered office at 5th Floor, Walmer House, 288 Regent Street, London, W1B 3AL. Our VAT number is 799 6971 29.
1.1 By placing an Order through our Site, you warrant that:
1.1.1 You are legally capable of entering into binding contracts; and
1.1.2 You are at least 18 years old.
You may place an Order by:
2.1 Visiting our online store at http://eigenlabs.com after logging into or creating your personal account, following the process for submitting an Order as set out on the Site and clicking on the appropriate confirmation button; or
2.2 Telephoning us on our dedicated order line which can be found via our "Contact Us" page on http://eigenlabs.com. The Order will be processed within the same working day. Our normal hours of business are between 9.00am and 5.00pm (Greenwich Mean Time [GMT] or British Summer Time [BST]) Monday to Fridays. Our order line is not toll-free.
2.3 We are unable to accept Orders placed in any way other than those listed above.
2.4 When you place your Order, we will issue you with a Customer Order Number via email. This will be included in your Order Confirmation as a point of reference. Please note that such a Customer Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.5 By placing an Order, you make an offer to us to purchase the Products, Services and/or the Software (excluding any open source software we make available on the web site) you have selected on these terms and conditions. We may or may not accept your Order at our discretion.
2.6 We will process your Order and a legally binding contract will have been formed between us and you when we send you the Order Confirmation via email. If we cannot accept your Order because, for example, your payment has not been authorised, we will attempt to contact you by email or telephone. If you do not receive an Order confirmation from us within five (5) business days please feel free to contact us to determine whether or not we have accepted your Order.
2.7 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and refund any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability.
2.8 Information contained in our advertising, brochures, other written materials, on our websites or given to you by our agents or employees is provided for prospective customers only and does not constitute an offer by us to supply any Products, Services and/or Software.
3.1 Please note that in some cases, we may accept Orders as agents on behalf of third party sellers. In which case, we act solely as an intermediary, and the resulting legal contract is between you and that third party seller and is subject to the terms and conditions of that third party seller, who will be identified in a purchase confirmation upon the completion of the transaction. We will notify you when a third party is involved in a transaction and we may disclose your customer information related to that transaction to the third party seller.
3.2 We may also provide links on the Site to the websites of other companies. The inclusion of links does not necessarily imply a recommendation or endorse the views expressed within them. We are not responsible for these third party websites and cannot give any undertaking that products you purchase from third party sellers through such websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely.
4.1 We make reasonable efforts to display the Products as accurately as possible. However, we cannot guarantee that your monitor’s display of the colour, texture or detail of the Product will be exactly the same as the actual Product delivered to you. Given the nature of the materials used and the handmade construction of some of our Products there may be minor variation between the images on the Site and the Products you receive.
5.1 The price for the Products, Services and Software will be as quoted on our Site from time to time.
5.2 VAT is payable by you at the applicable rate as indicated on the Site.
5.3 If you make a purchase from the Site outside the European Union (EU) you will not be eligible for payment of Value Added Tax (VAT) but may be subject to an analogous value added tax under the laws in which you make the purchase. We will charge tax according to applicable law. It is your responsibility to pay this tax.
5.4 Delivery costs are not included in the prices quoted for the Products but are quoted separately on the Site.
5.5 If there is a pricing error, we are under no obligation to provide the Product, Services and/or Software to you at the incorrect price (even if we have sent you an Order Confirmation).
5.6 Payment for all Products, Services and Software (excluding any open source software we make available on the web site) must be by credit or debit card or such alternative methods as displayed on the Site from time to time.
6.1 We can customise certain Products, such as the Alpha Eigenharp to meet your specifications and requirements ("Customised Products"). Please refer to the Site for the latest information regarding Customised Products. In order to accept an Order for Customised Products we will charge a 50% deposit of the total price for each Customised Product order at that the time the order is processed.
6.2 We will charge the remaining 50% of the total price for the Customised Product when we have completed the customization and have dispatched the Customised Product to you.
7.1 You must pay for the Products, Services and/or Software (excluding any open source software we make available on the web site) in pounds sterling or any alternative currency as stated on the Site from time to time.
7.2 If you are paying by credit card, then you must supply your credit card details when you place your Order. You will be charged a credit card booking fee when we process your order, which will be notified to you before or at the time you place your Order. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation or information.
7.3 To ensure that your credit, debit or any other charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process. If we are unable to charge your card successfully for an Order we will send an email notification. We cannot re-try your credit card for you.
8.1 Products will be delivered globally subject to courier service levels available. Please note, we exclude all liability in the event the Product you have ordered cannot be delivered to you due to a lack of availability of courier service in the region you have selected for delivery. If we are unable to deliver your Product due to a lack of availability of a courier service we will contact you by email or telephone and will give you the option of having the Product delivered to an alternative address or a refund. You shall be liable for all additional costs incurred as a result of such re-direction.
8.2 Subject to clause 14.1 we will deliver your Products to the delivery address as shown on your Order Form unless you are paying for your Products by credit card in which case, we will normally deliver your Products to the billing address for your credit card as indicated on your Order Confirmation.
8.3 We will use our reasonable endeavours to manufacture any Customised Product you order within the time we state on the website. Customised Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times. If you have ordered several Products at one time, we may deliver such Products as part of separate shipments.
8.4 You must ensure that you are available to accept delivery of the Product at the agreed delivery time. If you are not available upon delivery, the Product will be held at the local sorting office and you shall be responsible for collecting the Product and payment of additional charges incurred as a result.
8.5 Risk in your Product(s) will pass to you from the time we despatch the Product(s) to you. Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s).
8.6 In the event we cannot deliver an accepted Order (other than Customised Products) within 30 days, we will notify you by email and provide you with an opportunity to cancel the Order.
Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
9.1 Subject to Clause 12 below, if you are not satisfied with any Product(s) or Software you have purchased from us, you may return the Product or Software to us and obtain a refund of the price of the returned Product or Software if you contact us within 7 working days (such period beginning with the day after the day on which you receive the Product(s) or Software). Please note that you will be responsible for the cost of returning the Product to us as well as risk of loss in transit. Therefore, we recommend you insure any Product you return..
9.2 You will not have the right to cancel your Order pursuant to Clause 9.1 above if the Product or Software in question is:
9.2.1 A Customised Product.
9.2.2 Software which you have paid for which you have successfully downloaded from the Site.
9.3 Please note that while the Product(s) and/or Software remain in your possession you are under a duty to ensure that the Product(s) and/or Software are kept safe and secure. The Product(s) and/or Software must be returned in their original condition and packaging with all instruction manuals and documentation.
10.1 You may cancel an Order and obtain a full refund for Services within 7 working days (such period beginning with the day after the day on which the Order Confirmation is sent).
10.2 You may not cancel your Order and obtain a refund if you have commenced use of the Service.
11.1 If a Product or its packaging appears damaged upon delivery, please do not accept delivery, or notify our Customer Service department immediately. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair, please contact our Customer Services department within 7 working days of receipt. Full contact details and operating times can be found at http://eigenlabs.com. If after examination we are satisfied that the Product has a defect, we will refund you in full, including a refund of the delivery charges for sending the Product to you and the cost incurred by you in returning the Product to us provided you have adhered to our returns procedure as published on our Site.
12.1 Please refer to the Site for steps to follow to claim a refund.
12.2 Please note that your failure to follow the returns procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
13.1 All Software (excluding any open source software we make available on the web site) is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software or are provided when the Software is downloaded from the Site.
13.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We cannot warrant that your use of the Software will be uninterrupted or error-free. We regret that we are unable, under any circumstances to refund monies for an opened software package unless it is faulty.
13.3 In due course it will be possible for you to purchase the latest downloadable Software displayed on the Site. At that time please refer to the Site for the latest information, details of promotions and the different types of Software subscriptions available. In the event that you are purchasing the latest release of our software once we have received payment authorisation from your credit card issuer, you will receive instructions to begin downloading your Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 7 Calendar Days of receiving the download instructions request a refund. Refund requests should be sent via email to refund@eigenlabs.com. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.
13.4 Please refer to the Site for the latest information and details of promotions and different types of Software subscriptions available.
13.5 Software subscriptions and free user support belong to the registered user and are not transferable to a third party.
14.1 You may contact our Customer Services department should you experience any problems with our products. Customer support shall consist of advice and guidance in relation only to set-up and installation problems, missing parcels or accessories and associated usability issues.
14.2 We reserve the right to charge for a premium telephone support service. Full details of which will be available at http://eigenlabs.com. We will advise you of any charges applicable and costs incurred.
14.3 You may contact the Customer services team through the Site - http://eigenlabs.com. Here you will find full details of opening times and expected reply times for customer contact.
14.4 In providing Customer support via email and telephone, we will attempt to resolve your query when you first contact us. We cannot guarantee resolution of your queries. On occasions we may need to contact you again in order to suggest a resolution.
14.5 We will endeavor to reply to all customer emails within one working day of receipt.
14.6 All customers who contact us via our Customer services department will receive a unique Customer contact reference which will be specific to their query.
14.7 We reserve the right to request specific Customer information relating to your original purchase and Product condition in order to assist us with any queries we may have.
14.8 Please note you shall only be entitled to receive Customer support if you have purchased a Product, Software (excluding any open source software we make available on the web site) or Services from the Site.
14.9 In the event that a customer wishes to see a copy of any contract concluded between himself/herself and Eigenlabs Limited the customer should contact our Customer Services Department who will be happy to provide copies of the contracts we hold on file between yourself and the company.
15.1 All new Eigenlabs instruments purchased on the Web Site carry a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, form part of and are incorporated into this Contract by reference. You may review a copy of the limited warranty on new instruments including its limitations and exclusions, before your purchase, by clicking the appropriate link on the Site. Such a limited warranty covers musical instruments only; it does not cover Software, Services or any other Products.
15.2 Whenever contacting us in relation to your warranty entitlement you should do so during our normal hours of business i.e. between 9.00am and 5.00pm (Greenwich Mean Time [GMT]or British Summer Time [BST]) Monday to Fridays; and quote your Customer Order Number. You will bear the cost of telephone calls you make to us at your national rate.
16.1 For non Eigenlabs-branded Products (including non Eigenlabs-branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to the Eigenlabs customer service department.
16.2 In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to our Customer services team.
17.1 EIGENLABS PROVIDES NO SEPARATE WARRANTY OTHER THAN STATED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIGENLABS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
18.1 We aim to ensure that all Customers who have concerns over quality of service or our Product range can have their complaints and queries handled in a professional and proactive manner. Please refer to the Site for details of our Customer complaints procedure which outlines a simple process to enable Customers to contact us.
19.1 While we try to ensure this Site is normally available twenty four (24) hours a day, we will not be liable if this Site is unavailable at any time or for any period.
19.2 Access to this may be suspended temporarily and without notice.
19.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Site. Any transmission is at your own risk.
20.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Site will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
20.2 You are prohibited from posting, uploading or transmitting to or from this Site any material that:
20.2.1 breaches any applicable local, national or international law;
20.2.2 is unlawful or fraudulent;
20.2.3 amounts to unauthorised advertising; or
20.2.4 contains viruses or any other harmful programs.
20.3 You may not misuse the Site (including by hacking).
20.4 Any comments or feedback that you submit through the Site must not:
20.4.1 contain any defamatory, obscene or offensive material;
20.4.2 promote violence or discrimination;
20.4.3 infringe the intellectual property rights of another person;
20.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
20.4.5 promote illegal activity or invade another’s privacy;
20.4.6 give the impression that they originate from us; or
20.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
20.5 The prohibited acts listed in clause 20.2, 20.3 and 20.4 above are non-exhaustive. You shall indemnify us and hold us harmless from any and all claims, liabilities, losses, damages, costs and expenses arising out of your failure to comply with any of the above restrictions.
20.6 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of clauses 20.2, 20.3 and 20.4.
21.1 The information contained in the Site is for general information purposes only. The information is provided by Eigenlabs Limited and while we endeavour to keep the information up to date and correct, to the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, Products, Services or Software, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
21.2 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or loss of profits (whether direct or indirect) arising out of, or in connection with, the use of this Site.
22.1 The Site and its content is copyright of Eigenlabs Ltd - © Eigenlabs 2009. All rights reserved. We are the owner or the licensee of all intellectual property rights in the Site and in the material published on it.
22.2 Any redistribution or reproduction of part or all of the contents of the Site in any form is prohibited other than the following:
22.2.1 you may print or download to a local hard disk extracts for your personal and non-commercial use only;
22.2.2 you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material;
22.2.3 you must not modify the content or extracts you have downloaded or copied. Our status (and that of any identified contributors) as authors of material on our Site must always be acknowledged;
22.2.4 you may not, except with our express written permission, distribute or commercially exploit the content of this Site. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
23.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services), Software and Services.
23.2 Any warranty, condition or other term arising out of or in connection with the supply of Products, Software and Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products, Software and/or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products, Software and/or Services are suitable for your purposes.
23.3 Limitation of Liability
Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) fraudulent misrepresentation or (iii) any other liability which cannot be excluded or limited under applicable law.
23.4 WITH THE EXCEPTION OF LIABILITY REFERRED TO IN CLAUSE 23.3, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU UNDER THE CONTRACT IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT OR ANY MATERIALS POSTED ON IT, LIABILITY FOR ANY PRODUCS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, INCLUDING, WITHOUT LIMITATION LIABILITY FOR ANY LOSS OF INCOME, LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT), LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SAME.
23.5 WITH THE EXCEPTION OF LIABILITY REFERRED TO IN CLAUSE 23.3, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RELATION TO YOUR USE OF THE SITE, CUSTOMER ORDERS MADE, PRODUCTS, SOFTWARE AND SERVICES PROVIDED WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO US IN RESPECT OF THE PRODUCT(S), SOFTWARE AND/OR SERVICES IN QUESTION.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
24.1.1 Via email to support@eigenlabs.com.
24.1.2 By Post to Eigenlabs Limited Returns Department, Uphill Farm, Ponsworthy, Devon TQ13 7PH.
24.1.3 By telephoning our Customer Services team. Full contact details can be found at http://eigenlabs.com.
24.2 We do ask that when contacting us please ensure that you have any relevant reference numbers.
25.1 If you are ordering from overseas you may be subject to import duties and taxes, which occur once the goods reach the specified destination. Any additional charges incurred at this point are your responsibility and must be borne by you. For further information please contact your local customs office as policies differ from country to country.
25.2 The Products and/or Software provided under these terms and conditions may be subject to the export laws and regulations of one or more countries (“Export Regulations”). You must not use, distribute, export or transfer any Products and/or Software except in compliance with all applicable Export Regulations. Without prejudice to any other remedy we may have, you shall indemnify and hold us harmless from any and all claims, liabilities, losses, damages, costs and expenses (including legal fees), arising out of or in connection with your failure to comply with all applicable Export Regulations.
25.3 You shall indemnify and hold us harmless from any and all claims, liabilities, losses, damages, costs and expenses (including legal fees), arising out of or in connection with your failure to comply with all applicable laws.
26.1 By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or telephone Order for the purposes of processing your Order. For more detailed information on how we protect your personal information please refer to our Privacy Policy. If you wish to have access to the information that we hold concerning you, please contact our Customer Services team.
27.1 These terms and conditions and Order Confirmation shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions, Order Confirmation, Products, Software and/or Services (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
28.1 If any provision or part of a provision of these terms and conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these terms and conditions and the remainder of these terms and conditions will apply as if the offending provision or part provision had never been agreed.
28.2 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these terms and conditions will not be interpreted as a waiver of your or our rights or remedies.
28.3 You may not transfer any of your rights or obligations under these terms and conditions without our prior written consent. We may transfer any of our rights or obligations under these terms and conditions without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
28.4 We will make reasonable commercial efforts to perform our obligations under the Contract. However, we cannot be held responsible for delays of failure to perform if such delay or failure to perform is caused by any circumstances beyond our reasonable control.
28.5 The headings in these terms and conditions are included for convenience only and shall not affect their interpretation.
In these terms and conditions:
"Accessory" means any ancillary Product such as a USB stick, strap, stand or breath pipe etc. further details of which are on the Site;
"Customer" means a customer who purchases Products, Software and/or Services (whether as a consumer or in the course of a business);
"Contract" means these terms and conditions together with your Order Confirmation;
"Customer Order Number" means the order number issued by us to you;
"Date Protection Policy " means our policy governing how we process you personal information;
"Order Confirmation" means notification by email that your Order has been accepted by us and payment has been authorised;
"Order Form" means the electronic order form on the Eigenlabs Web Site;
"Order" means an order placed by you in accordance with these terms and conditions;
"Product" means any product listed on the Site, including but not limited to the Alpha Eigenharp, the Pico Eigenharp and Accessories which we agree to supply to you on these terms and conditions;
"Services" means any chargeable or other services (excluding warranty and telephone support services) listed on the Site which we agree to supply to you on these terms and conditions;
"Site" means our website for customers the web address of which is http://eigenlabs.com;
"Software" means any software (excluding any open source software we make available on the web site) which is downloadable from the Site upon payment of an annual subscription fee. Such software may include software which enables you to receive tutorials and play musical instruments;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in England.
UK
