THESE TERMS

• 1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

• 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.OUR CONTRACT WITH YOU

• 2.1 These terms apply to orders for products placed via telephone or via our website at impactstudio.london

• 2.2 Each order for products from you to us shall be an offer by you to purchase the products and these terms will apply. Please ensure that you read these terms carefully, and check that the details in the order are complete and accurate, before submit the order.

• 2.3 How we will accept your order. Our acceptance of your order will take place when we issue a written confirmation of the order to you, at which point a contract will come into existence between you and us.

• 2.4 We will also send you a delivery email.

• 2.5 If you are a business customer these terms apply to the exclusion of all other terms and conditions including any terms or conditions contained in or referred to in your purchase order, confirmation of order or other document or implied by law, custom, practice or course of dealing or simply as a result of such document being referred to in the contract.

• 2.6 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or memberships are at full capacity, because we have identified an error in the price or description of the product/membership or because we are unable to meet a delivery deadline you have specified.

• 2.7 These terms apply to all our sales and any variation to these terms and any statements made by us or our employees about the products shall not be binding on us unless agreed in writing and signed by an authorised representative of Monitor Audio Ltd.

• 2.8 If you are a business customer you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the contract. Nothing in this clause shall exclude or limit our liability for fraudulent misrepresentation.

• 2.9 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

IF YOU ARE A CONSUMER: YOUR RIGHTS TO END THE CONTRACT, RETURN THE PRODUCTS AND REFUND

• 3.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

  • 3.1.1 If the products are faulty or misdescribed. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products repaired or replaced or to get some or all of your money back), see clause 10 for further information on your rights;

  • 3.1.2 If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at clauses 3.1.2.1 to 3.1.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

    • 3.1.2.1 we have told you about an upcoming change to the products or these terms which you do not agree to;

    • 3.1.2.2 we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;

    • 3.1.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

    • 3.1.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or

    • 3.1.2.5 you have a legal right to end the contract because of something we have done wrong.

Your rights are set out in more detail in this clause 4 below.

• 3.1.3 If you have just changed your mind about the products (exercising your right to change your mind under the Consumer Contracts Regulations 2013):

  • 3.1.3.1 For single deliveries. You have 14 days, starting from the day after the day you (or someone you nominate) receives the products, to change your mind; or

  • 3.1.3.2 For several split deliveries over different days. You have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind.

3.1 In all other cases (ending the contract where we are not at fault and there is no right to change your mind). If you do not have any other rights to end the contract you can still contact us before it is completed and tell us you want to end it. A contract for the products is completed when the product is delivered and paid for. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Your rights are set out in more detail in this clause 6 below.

• 3.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

  • 3.3.2 personalised products.

• 3.4 How to cancel: To end the contract with us, please let us know by doing one of the following:

  • 3.4.1 Phone or email. Call Impact Support by emailing us at frederick@impactstudio.london. Please provide your name, home address, details of the order and, where available, your phone number and email address.

  • 3.4.2 Online. Complete the form on our website.

• 3.5 Returning products after ending the contract. If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us or allow us to collect them from you at our expense. In order to qualify for our free returns service you must:

  • 3.5.1 contact Impact Support at frederick@impactstudio.london
    

OUR RIGHTS TO MAKE CHANGES AND END THE CONTRACT

• 4.1 Minor changes to the products. We may change the products:

  • 4.1.1 to reflect changes in relevant laws and regulatory requirements; and

  • 4.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the products.

• 4.2 More significant changes to the products and these terms. In addition, we may make changes to the products or these terms, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect. This includes:

  • 4.2.1 changes in the specification, design or construction of the products which are required to comply with any applicable safety or statutory requirements. These changes will not affect your use of the products;

  • 4.2.2 changes to these terms which are required to comply with changes to relevant laws and regulatory requirements; and

  • 4.2.3 changes in how we accept payment from you.

• 4.3 We may end the contract if you break it. We may end the contract for products at any time by writing to you if:

  • 4.3.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

  • 4.3.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

  • 4.3.3 you do not, within a reasonable time, allow us to deliver the products to you.

• 4.4 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 4.3 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

• 4.5 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality.

PAYMENT

• 5.1 When you must pay and how you must pay. We accept payment online. Our office hours are 9.00am-5.00pm Mon-Fri. Online payments can be made using MasterCard, Visa, Visa Debit. Please see clause 12.6 for the terms applying to credit/debit card payments.

• 5.2 You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

• 5.3 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

• 5.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

• 5.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

• 5.6 When you complete an online purchase using a credit/debit card for payment, you agree to the following terms and conditions:

  • 5.6.1 you are the credit/debit card holder, and you are authorised to use your credit/debit card for the online purchase.

  • 5.6.2 should you have a problem with your purchase, you will contact us to allow us to resolve the problem before contacting either the financial institution that issued the credit/debit card or the credit/debit card company itself.

  • 5.6.3 fraudulent use of credit/debit cards will be investigated and reported to the police forces, your local bank, our billing and / or merchant service provider and any other applicable authorities. We will prosecute to the full extent of the law.

  • 5.6.4 we perform information verifications for every credit/debit card purchase. Orders that contain an unverified address and /or any other unverified information will require us to contact the actual owner of the credit/debit card by phone. These phone numbers may be obtained from sources other than the order itself.

  • 5.6.5 an unauthorised credit/debit card charge back after an order has been placed is chargeback abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with all the information regarding the transaction we would have at our disposal and, as required, file a report with the applicable authorities and the credit/debit card company.

  • 5.6.6 we accept only the credit/debit cards mentioned on the product ordering screens as the payment options for your purchase. All prices are in British Pounds (£) (GBP) and stated on your invoice in British Pounds unless otherwise noted.

  • 5.6.7 all credit/debit card charges will be settled in British Pounds at the time of purchase, and in case your account is in different currency you will be charged according to the exchange rate of your financial institution at the time of the purchase.

  • 5.6.8 you agree and acknowledge that you shall be solely responsible for and shall bear (and/or immediately reimburse) us for any chargeback fees issued to us by or from any credit/debit card company, merchant service or other source of payment that is initiated at your or the credit/debit card holders request.

  • 5.6.9 by purchasing any products and/or services from us, you the credit/debit card holder expressly authorise us to direct a payment/charge to be made to the credit/debit card account (the same being the credit/debit card account used in the initial purchase of said products and / or services) or in the amount of the said refund and chargeback fee (or amount charged to us for such refund) plus our losses and expenses spoken of herein.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

• 6.1 The following provisions set out the entire financial liability of Impact Studio London (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

  • 6.1.1 any breach of the contract; and

  • 6.1.2 any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the contract.

• 6.2 Nothing in these terms excludes or limits our liability:

  • 6.2.1 for death or personal injury caused by our negligence; or

  • 6.2.2 for fraud or fraudulent misrepresentation; or

  • 6.2.3 defective products under the Consumer Protection Act 1987; or

  • 6.2.4 breach of the terms implied by section 12 of the Sale of products Act 1979; or

  • 6.2.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

• 6.3 If you are a business customer:

  • 6.3.1 Subject to clause 13.2, except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

  • 6.3.2 We only supply the products for internal use by your business, and you agree not to use the products for any resale purposes.

  • 13.3.3 Subject to clauses 13.2 we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:

    • 6.3.3.1 loss of profits; or

  • 6.3.3.2 loss of business; or

  • 6.3.3.3 depletion of goodwill or similar losses; or

  • 6.3.3.4 loss of anticipated savings; or

  • 6.3.3.5 loss of products; or

  • 6.3.3.6 loss of contract; or

  • 6.3.3.7 loss of use; or

  • 6.3.3.8 loss or corruption of data or information; or

  • 6.3.3.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

  • 6.3.4 Subject to clause 13.2, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to 1.5 times the price paid for the products by you during the 12 months preceding the date acknowledged by us as being the date of the event giving rise to any liability.

• 6.4 If you are a consumer:

  • 6.4.1 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 our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during the sales process.

  • 6.4.2 When we are liable for damage to your property. We will make good any damage to your property caused by us while delivering the products. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover.

  • 6.4.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• 6.5 This clause 13 shall survive termination of the contract.

  HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our privacy policy, shown below, beneath our Terms and Conditions.

1. COPYRIGHT, PATENTS, TRADE MARKS AND OTHER RIGHTS

   • 7.1 All copyright, trade marks and other rights created, subsisting or used in our website and in connection with the products shall remain our sole property. For the avoidance of doubt, you shall not during or at any time after the completion, expiry or termination of the contract in any way question or dispute such ownership thereof by us.

   • 7.2 Any use of our website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Monitor Audio Limited.

   • 7.3 Where we expressly offer the functionality to share and or publish our content on social media platforms using the facilities and links provided on this website, you are permitted to do so.

   • 7.4 You may not use, replicate or distribute any of our content on social media outside of this functionality. Nor can you share and/or publish content that we have not made available for this purpose.

   • 7.5 You may not, except with our express written permission, distribute commercially or commercially exploit the content on our website.

   • 7.6 Sanctioned trade customers will be allowed to replicate permitted content provided that the source and copyright of the content is acknowledged. For absolute clarification, please note that all content & images on this website are copyright of Impact Studio and can only be reproduced by our express permission.

   • 7.7 All content & images on this website are copyright of Impact Studio and can only be reproduced by our express permission.

   • 7.8 You may not modify any details on our website or reproduce or publicly display or distribute any such details for any commercial purpose whatsoever.

   • 7.9 It is your responsibility to virus check all materials before downloading them from our website.

   • 7.10 Where your website contains links to other sites and resources provided by third parties, these links are provided for information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

   • 7.11 You and third parties must obtain our express written permission before linking to our website.

     OTHER IMPORTANT TERMS

     • 8.1 We will only use your personal information in accordance with our Privacy Policy. Please take the time to read the Privacy Policy, as it includes important terms which apply to you.

     • 8.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the contract.

     • 8.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 9 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the product.

     • 8.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

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

     • 8.6 The contract is between you and us. No other person shall have any rights to enforce any of its terms.

     • 8.7 If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

     • 8.8 If you are a business, these terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by English law. We both irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).

   Privacy Policy

   Updated January 2023.

   This privacy policy sets out how Impact uses and protects any information that you provide when you use this website.

   General:

   • Impact is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

   • Impact may change this policy from time to time by updating this page. We will notify you of any changes that have been made, and how they affect you, along with instructions on how to control and/or delete your data.

   
   

   Checkout information:

   We only collect data from you during the checkout process. This data is required in order to fulfil any orders placed on our website. 

   We collect and store the following information:

   • name

   • contact and address information including email address and a phone number.

   • order details [product model and variant, etc].

   Beyond order fulfilment, we may use your data to investigate understand sales trends within our business. This process does not need your identifiable personal data.

   Please note that we have the ability to retain any data that you provide on this website, even if you do not complete your registration/transaction. These contact details and data can only be used to contact you to inquire why you did not complete your registration/transaction. 

   Ownership Records:

   We maintain a record of customer ownership of our products in order that we can contact customers in the case of important product, customer account, and company information.

   If you opt-in to receive marketing communications: 

   • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

   • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. 

   
   

   Other Ownership data:

   If you place a review of our products on our website, we will not require you to identify yourself. 

   Third Parties:

   Although we will never pass on your data to any third party organisation, we do make use of third party services within our normal business operations.

   We are required to maintain a record or our completed transactions for auditing and compliance purposes. This information is stored in our SAP database.

   Our checkout is a secure managed & hosted service operated by Shopify Inc. Blok does not collect or store your financial data, but there is an option in our checkout to to opt-in to Shopify Pay. If you select this option, Shopify will store your details within their servers to enable you to checkout quickly across their large network of managed online websites. 

   The marketing customer list is managed and maintained within MailChimp. This data only includes your email address and name, and will only be used in line with your consents.

   Your details will be stored on the servers of these organisations, and will be accessed by Blok through a password protected online account. The terms and conditions of these third parties require them to maintain the confidentiality of any personal data we provide to them, and not to use your data for purposes other than the product or service they provide to us or on our behalf.

   In addition, as part of the order fulfilment process, we are required to pass on your order details to our logistics partners, including a third party distribution warehouse and their courier partners. We also use Office 365 services to transmit emails both as part of our order fulfilment process.

   We use Google Analytics to track users of this website, but we do not retain any identifiable personal data of these users and their visits.

   ​Cookies:

   A cookie is a small file, which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. We use cookies on our website to track any current and/or previous visits to show you those products that you have viewed before, and to maintain any products you have placed in your shopping basket.

   Jurisdiction:

   This website, its content and any contract brought into being as a result of using this site are governed by and construed in accordance with English Law, and relevant EU directives on personal data.

   Contacts:

   For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us through the Contact page on our website.