Terms & conditions
TERMS AND CONDITIONS OF SALE
The FERRUM AUDIO online shop has been set up by HEM SP. Z O.O., which is the operator of this site.
Any order placed for a product appearing in the FERRUM AUDIO website online shop requires prior consultation of these terms and conditions.
As a result, the consumer acknowledges that he is fully aware that his agreement to the content of these general terms and conditions does not require the handwritten signature of this document, as long as the customer wishes to order online products presented within the framework of the shop website.
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these general conditions.
The present general conditions are subject to Polish law. This is the case for both substantive and procedural rules.
In the event of a dispute or complaint, the consumer will first contact FERRUM AUDIO to obtain an amicable solution.
In a second time and in case of appeal, the consumer will be able to lodge a complaint with the appropriate body.
The online shop set up by HEM SP. Z O.O. as part of the website contains the following information:
• Ordering process
• Proof of transaction
• Product Information
• Availability of products
• Methods of payment
• Terms of delivery
• Delivery problem due to the carrier
• Error in delivery
• Product Warranty
• Right of withdrawal
• After-sales service
• Force majeure
• Contractual documents
• Entry into force of the T&Cs
• Electronic signature
• Newsletter and Opt-in
• Intellectual property rights
• Information Technology and Freedom
• Partial validation
Article 1: Order process
The ordering process begins when the customer validates his basket and enters the shopping tunnel.
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer in the purchase order.
Article 2: Proof of the transaction
The computerized registers, kept in HEM computer/server systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 3: Product information
FERRUM AUDIO presents on its web site the products to be sold with the necessary characteristics to know the essential characteristics of the products they wish to buy before placing an order.
Article 4: Availability of products
The order will be processed at the latest within 3 days from the day following the day on which the consumer placed his order.
In the event of total unavailability of the ordered product, the consumer will be informed as soon as possible and will have the possibility to cancel his order.
The consumer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 5: Price
The prices are indicated in euros and are valid only on the date of dispatch of the order form by the consumer. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order. Prices include VAT. applicable on the day of the order and any change in the applicable VAT rate.
Article 6: Payment arrangements
To pay for its order, the consumer has, at his choice, all the methods of payment referred to within the order form (Paypal, Stripe).
The consumer guarantees HEM that he/she has the necessary authorisations to use the payment method chosen by him/her, when validating the purchase order. HEM reserves the right to refuse delivery or to honour an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is being handled.
The order will be validated only after receipt and verification by our services of the sent parts.
The banking information you provide, encrypted on your own computer, will never circulate in plain text on the Internet.
Article 7: Delivery arrangements
The products are delivered to the address indicated by the consumer on the order form.
HEM offers different delivery methods with delivery times ranging from 24h to 72h, and with a pricing policy based on weight. The customer is notified when the parcel is sent and has a tracking number to track the arrival of the parcel.
The consumer is required to check the condition of the packaging of the goods on delivery and to report any damage caused by the carrier on the delivery note, as well as to HEM within one week.
The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address. As far as shipping is concerned, as soon as we proceed with a shipment, you will immediately receive an email informing you.
In case of late delivery:
In the event of a delay in delivery compared to the date we have indicated in the shipping email, you can notify us of this delay via the contact form. We will then contact the shipping company to start an investigation. An investigation may last up to 21 days or more from the date on which the investigation begins. If during this period, the product is found, it will be immediately redirected to your shipping address (the majority of cases). If, on the other hand, the product is not found after investigation, the forwarder considers the parcel lost. Only then can we return a replacement product to you at our expense. We decline all responsibility for the lengthening of delivery times due to the carrier, especially in case of loss of products or strike.
For products out of stock, the replenishment times indicated on the product sheets, are working days, given as an indication.
Article 8: Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product in relation to the delivery order, damaged parcel, broken products…) must be imperatively indicated on the delivery order in the form of “handwritten reserves”, accompanied by the signature of the customer. Send to the carrier and to:
HEM SP. Z O.O.
In the event of a delay in delivery in relation to the date we have indicated in the shipping email, we ask you to notify us of this delay by sending us an email. We will then contact the carrier to start an investigation.
Article 9: Delivery errors
The consumer must file with HEM on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality with the information given on the order form. Any claim made after this deadline will be rejected.
Claims have to be made in written form.
To be accepted, all returns must be reported to HEM Customer Service in advance.
Article 10: Product Warranties
HEM offers warranty on products sold on the site.
– A contractual guarantee known as “Seller’s warranty” for a period of 2 years from the date of delivery for all products (*). The consumer can then make a service request for repair or exchange by contacting HEM via the website and will be informed of the terms and conditions.
Article 11: Right of withdrawal
The consumer has a period of 30 days to return, at his expense, the products not suitable to him. This period runs from the day of purchase of the order. If this period expires on a Saturday, Sunday or a holiday or non-working day, it is protected until the first following working day. All returns must be reported in advance to the HEM Customer Service Department using the withdrawal form available in the customer account. This allows you to assign tracking number to the product to be sent by Registered courier.
This right of withdrawal is exercised without penalty, except for the return costs.
In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the refund of the sums paid or the exchange of the product.
In the case of an exchange, re-shipment will be at the consumer’s expense.
In the event of exercising the right of withdrawal, HEM will make every effort to reimburse the consumer within 14 days.
However, taking into account the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical check (see products to be tested beforehand).
The consumer will then be refunded by re-credit of his bank account (secured transaction) in the event of payment by PayPal or other cases.
Only returned products will be taken back in their entirety (with their accessories), in their original packaging and in perfect condition (no trace, not dirty…).
Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. Items returned incomplete, damaged or soiled by the Customer will be refused.
Exceptions: Cannot be taken back
– Products made to measure for the customer or cut products such as transformers, cables per metre, cord assembly, etc…
– Products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Approval may be refused if the conditions for withdrawal are not complied with.
Article 12: After-sales service
HEM offers its customers a service for products under warranty free of charge.
After warranty repairs will be charged after calculating the repair cost.
All shipments must be reported in advance to HEM Customer Service via the contact form.
This allows you to assign a number to the product to be sent by courier to HEM.
Shipping costs are to be paid by the customer.
Article 13: Force majeure
Neither party shall have failed to fulfil its contractual obligations, insofar as their performance is delayed, hindered or prevented by a fortuitous event or force majeure. Any irresistible facts or circumstances beyond the control of the parties, which are unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by them, in spite of all reasonably possible efforts, shall be considered as fortuitous event or force majeure.
The party affected by such circumstances shall notify the other party within ten working days of the date on which it becomes aware of such circumstances. The two parties will then contact each other within one month, except in the case of impossibility due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the case of force majeure lasts for more than three months, these general conditions may be terminated by the aggrieved party.
In an express way, are considered as force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of Polish courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stopping of telecommunication networks or difficulties specific to telecommunications networks external to customers.
Article 14: Contractual documents
The present contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions; the purchase order.
In the event of any inconsistency between the provisions contained in documents of different rank, the provisions of the higher rank document shall prevail.
Article 15: Entry into force – duration of the General Terms and Conditions
These general conditions come into force on the date of signature of the purchase order.
These general terms and conditions are concluded for the duration necessary to supply the goods and services subscribed to, until the termination of the guarantees and after sales support.
Article 16: Electronic signature
The consumer’s “accept and purchase” on the purchase order constitutes an electronic signature that has the same value as a handwritten signature between the parties.
Article 17: Newsletter
HEM has a newsletter exclusively sent to customers who have agreed to receive this newsletter in accordance with the opt-in rule.
Article 18: Data protection
The information requested from the consumer is necessary for the processing of his order and will be communicated only to the contractual partners of HEM company involved in the execution of this order.
Anyone registered in accordance with the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), may choose not to receive any more e-mails from HEM and thus be removed from our database.
Removing from database of HEM clients may affect sales and after sales support for the client.
Article 19: Intellectual property rights
All solutions, software and products are made and developed by HEM SP Z O.O., Al. Jerozolimskie 475, 05-800 Pruszków, Poland.
Article 20: Partial validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court with location closest to HEM SP. Z O.O., the other stipulations will retain all their force and scope.
Article 21: Non-waiver
Failure by one of the parties not to avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be construed in the future as a waiver of that obligation.