This page (together with the

documents referred to in it) sets out the terms and conditions upon which we

supply any of the Products listed

on our website at www.wavefurntiure.com to you.  Please read these terms

and conditions carefully before ordering any Products from our site.  You

should understand that by ordering any of our Products, you agree to be bound

by these terms and conditions. 

You

should print a copy of these terms and conditions for future reference.

1.      

Information About Us

www.mistaudio.co.uk

is a site operated by Mist Audio. Our business address and registered

office is Mist Audio, Biscuit Tin Studios, Warwick Street, Newcastle upon

Tyne, NE2 1BB. 

2.      

Service Availability

1.                      

Our site is intended for use by Consumers resident in the United Kingdom. 

If you use our site from other jurisdictions, please note that you may be

liable to pay additional shipping costs and import duties.  All Products

listed on the site are lawfully for sale in the United Kingdom but you should

check on the legality of Products in which you are interested in your own

jurisdiction before you order them.  Please see clause 12 below for more

on this.

3.      

Your Status

1.   

By placing an order through our site, you warrant that:

a.          

you are legally capable of entering into binding contracts; 

b.          

you are at least 18 years old; and

c.          

you are purchasing Products for private and domestic use and not for resale in

the course of a business.

2.   

In order to purchase Products from us, you must: 

 .            

provide us with all the information that we require, such as your full name,

phone number, email address, billing and delivery addresses and any other

information that we way request from time to time.

a.          

have a valid credit or debit card issued by a bank that we accept.

4.      

How the Contract Between Us Is Formed

1.   

After placing an order, you will receive an email from us acknowledging that we

have received your order (the Order Receipt).  Please note that this does

not mean that your order has been accepted.  Your order constitutes an

offer to us to buy a Product.  All orders are subject to acceptance by us,

and we will confirm such acceptance to you by sending you an email that

confirms that the Product has been dispatched (the Dispatch

Confirmation).  The contract between us (the Contract) will only be formed

when we send you the Dispatch Confirmation.  You may withdraw your order

at any time up to the moment when we send you the Dispatch Confirmation by

contacting us by email at hello@mistaudio.co.uk.

2.   

The Contract will relate only to those Products whose dispatch we have

confirmed in the Dispatch Confirmation.  We will not be obliged to supply

any other Products that may have been part of your order until the dispatch of

such Products has been confirmed in a separate Dispatch Confirmation.

3.   

In the event that prior to the Dispatch Confirmation, we find that we are

unable to satisfy your order for any reason (such as falling levels of stock)

we will attempt to make contact with you in order to offer you any available

alternatives.

4.   

We do try to make sure that all information on the site is correct all the time

but sometimes mistakes are made.  In the event of clear error please see

clause 9 below, but note for now that we reserve the right to cancel your order

even after sending you the Dispatch Confirmation, right the way up to the point

at which you accept delivery.

5.   

Where we have the Products in stock, we will take payment from you

immediately.  However, from time to time we may provide you with the

opportunity to place an advance order on Products that we have yet to receive

into stock.  In these circumstances, we may offer you the chance to pay a

deposit in order to secure your order.  Once we receive the Product in

question, we will check it for quality purposes and if we are satisfied, we

will take the balance due and issue the Dispatch Confirmation.

6.   

Products displayed on the site are shown in full colour, but computer monitors

and screens vary so we cannot guarantee that the colour you see on screen will

exactly match the colour of the Product in question.

5.      

Our Status

We

may provide links on our site to the websites of other companies, whether

affiliated with us or not.  We cannot and do not promise that products you

purchase from third party companies to whose websites we link will be of

satisfactory quality and any such warranties are DISCLAIMED by us

absolutely.  This DISCLAIMER does not affect your statutory rights against

the third party seller in question.  

6.      

Consumer Rights

1.    Since you are

contracting as a consumer (and only to the extent that you are contracting as a

consumer), you have the right to change your mind about an item within 14 days,

beginning on the day after you received the Products or, if you receive the

Products in a number of deliveries, the date you receive the last

delivery.  Please

note, this right does not extend to perishable items or items that are

customised to your order, such as bespoke sizing or bespoke designs. 

When returning non-perishable, non-customised products within this 14 day

period, you will receive a full refund of the price of the Products and the

delivery charges that you’ve paid in accordance with our refunds policy (set

out in clause 10 below).  

2.   

Where you have the right to do so and you wish to cancel a Contract, you must

inform us in writing, which you can do as directed in our Deliveries and

Returns Policy. If the Products have been delivered to you, you must return the

Products to us immediately at your own cost and risk and they must be in the

same condition in which you received them together with their original

packaging.  You have a legal obligation to take reasonable care of the

Products while they are in your possession. If you fail to comply with this

obligation, we may have a right of action against you for compensation or we

may refuse to accept them.  For more information, including more help on

how to exercise your right to cancel within 14 days, please see our Delivery
and

Returns policy.

3.   

Details of this statutory right, and an explanation of how to exercise it, are

provided in the Dispatch Confirmation.  This provision does not affect

your statutory rights.

7.      

Availability and Delivery

1.   

Your order will be fulfilled by the delivery date set out in the Dispatch

Confirmation or, if no delivery date is specified, then within a reasonable

time of the date of the Dispatch Confirmation, unless there are exceptional

circumstances.  For more information, please see our Delivery &

Returns Policy.

2.   

Faulty Products will be exchanged or refunded within 30 days of purchase but

only where we are satisfied, on inspection, that the Product in question is

faulty and that the fault has not arisen out of normal wear and tear. 
Damaged

or soiled Products will not be accepted as returns under any circumstances.

3.   

We will refund shipping costs where the cause of the return is our fault, e.g.

the Product is faulty or is not what you ordered. If you do not make use of our

Delivery & Returns Policy when returning purchases to us, you will have to

pay for the shipping of the Products yourself, though we are happy to accept

returns that comply with these Terms and our Delivery & Returns Policy

however they get to us.

8.      

Risk and Title

1.   

The Products will be at your risk from the precise time you sign for delivery

or someone else does this on your behalf.

2.   

Ownership of the Products will only pass to you when we receive full payment of

all sums due in respect of the Products, including delivery charges, or at the

precise time you sign for delivery (or someone else does this on your behalf),

whichever is the later.

9.      

Price and Payment

1.   

Prices quoted on the Site include VAT but exclude delivery costs, which will be

added to the total amount due as set out in our Delivery & Returns

Policy.  

2.   

Prices are liable to change at any time, but changes will not affect orders in

respect of which we have already sent you a Dispatch Confirmation.

3.   

The Site contains a large number of Products and it is always possible that,

despite our best efforts, some of the Products listed on our site may be

incorrectly priced.  We will normally verify prices as part of our

dispatch procedures so that, where a Product's correct price is less than our

stated price, we will charge the lower amount when dispatching the Product to

you or, if this information comes to light after we have taken payment, we will

refund the difference to the card that you have used for payment.  If a

Product’s correct price is higher than the price stated on our site, we will

normally, at our discretion, either contact you for instructions before

dispatching the Product, or reject your order and notify you of such

rejection. 

4.   

We are under no obligation to provide the Product to you at the incorrect

(lower) price, even after we have sent you a Dispatch Confirmation, if the

pricing error is obvious and unmistakeable and could have reasonably been

recognised by you as a mis-pricing.

5.   

Payment for all Products may be made by credit or debit card through the site.

Your credit or debit card will be charged immediately.  In the event of

payment by cheque or postal order, your order will be prepared immediately and

held at our warehouse pending clearance of the payment. 

10. 

Our Refunds Policy

1.   

When you return a Product to us:

a.          

because you have cancelled the Contract between us within the 14 day

cooling-off period in relation to a non-perishable item (see clause 6.1 above),

we will process the refund due to you as soon as possible and, in any case,

within 30 days of the day you have given notice of your cancellation. In this

case, we will refund the price of the Product in full, including the delivery

cost of sending the item to you; or 

b.          

for any other reason (for instance, because you have notified us in accordance

with clause 20 that you do not agree to any change in these terms and

conditions or in any of our policies, or because you claim that the Product is

defective), we will examine the returned Product and will notify you of your

refund via email within a reasonable period of time.  We will process the

refund due to you as soon as possible and, in any case, usually within

30 days of the day we confirmed to you via email that you were entitled to

a refund for the defective Product. Products returned by you because of a

defect will be refunded in full, including a refund of the delivery charges for

sending the item to you and the cost incurred by you in returning the item to

us.  

2.   

We will refund any money received from you using the same method originally

used by you to pay for your purchase.

11. 

Our Liability

1.   

We warrant to you that any product purchased from us through our site is of

satisfactory quality and will be reasonably fit for all the purposes for which

products of the kind are commonly supplied.  

2.   

OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREAKING THIS AGREEMENT

IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT YOU PURCHASED AND ANY

LOSSES WHICH ARE FORESEEABLE AS A CONSEQUENCE OF US BREAKING THE AGREEMENT.

LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY BOTH YOU AND US AT

THE TIME YOUR ORDER IS ACCEPTED BY US. 

3.   

This does not include or limit in any way our liability:

 .              

For death or personal injury caused by our negligence;

a.            

Under section 2 of the Consumer Protection Act 1987 (or any successor

legislation that replaces this); 

b.            

For fraud or fraudulent misrepresentation; or

c.            

For any matter for which it would be illegal for us to exclude, or attempt to

exclude, our liability.

4.   

WE ARE NOT RESPONSIBLE FOR INDIRECT OR CONSEQUENTIAL LOSSES - LOSSES THAT OCCUR

AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE OR WHICH ARE CONSEQUENTIAL TO IT

(SUCH AS, AMONGST OTHER THINGS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS,

LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE

OF MANAGEMENT OR OFFICE TIME) HOWEVER ARISING AND WHETHER CAUSED BY TORT

(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF SUCH INDIRECT

DAMAGE IS FORESEEABLE.

12. 

Import Duty

1.   

If you order Products from our Site for delivery outside the UK, they may be

subject to import duties and taxes which are levied when the delivery reaches

the specified destination.  You will be responsible for payment of any

such import duties and taxes.  Please note that we have no control over

these charges and cannot predict their amount.  Please contact the local

customs office in the jurisdiction within which delivery is to take place for

further information before placing your order.

2.   

The Products comply with all applicable laws and regulations in the UK. 

However, in using the Products you must comply with all applicable laws and

regulations of the country for which the Products are destined and it is your

responsibility to make yourself aware of such laws and regulations.  We

will not be liable for any breach by you of any such laws.

13. 

Written Communications

The

law requires that some of the information or communications we send to you

should be in writing.  This will be mainly electronic in nature (email,

SMS, other messaging services, notifications to your account accessible via the

Site).  For contractual purposes, you agree to this electronic means of

communication and you acknowledge that all contracts, notices, information and

other communications that we provide to you electronically comply with any

legal requirement that such communications be in writing.  This condition

does not affect your statutory rights.

14. 

Notices

All notices given by you to us must

be addressed to Mist Audio and must be delivered to hello@mistaudio.co.uk or

Mist Audio, Biscuit Tin Studios, Warwick Street, Newcastle upon Tyne, NE2

1BB.  We will send notices to you at either the email or postal address

you provide to us when placing your order or via any of the services specified

in clause 13 above.  Notices will be deemed received and properly served

immediately when posted on our website, 24 hours after an email or other

electronic message is sent, or three days after the date of posting of any

letter.  In proving the service of any notice, it will be sufficient to

prove, in the case of a letter, that such letter was properly addressed,

stamped and placed in the post and, in the case of an email, that such email

was sent to the specified email address of the addressee.

15. 

Transfer of Rights and Obligations

1.   

The Contract between you and us is binding on you and us and on our respective

successors and assigns.  

2.   

You may not transfer, assign, charge or otherwise dispose of a Contract, or any

of your rights or obligations arising under it, without our prior written

consent.  

3.   

We may transfer, assign, charge, sub-contract or otherwise dispose of a
Contract,

or any of our rights or obligations arising under it, to a third party at any

time during the term of the Contract.  If we intend to do this at any

point, we will inform you as soon as we can and specify the date from which the

third party in question will take our place in the arrangements with you.

16. 

Events Outside Our Control

1.   

We will not be liable or responsible for any failure to perform, or delay in

performance of, any of our obligations under a Contract that is caused by

events outside our reasonable control (Force Majeure Event).  

2.   

A Force Majeure Event includes any act, event, non-happening, omission or

accident beyond our reasonable control and includes in particular (without

limitation) the following:

a.          

Strikes, lock-outs or other industrial action;

b.          

Civil commotion, riot, invasion, terrorist attack or threat of terrorist

attack, war (whether declared or not) or threat or preparation for war;

c.          

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other

natural disaster;

d.          

Impossibility of the use of railways, shipping, aircraft, motor transport or

other means of public or private transport;

e.          

Impossibility of the use of public or private telecommunications networks;

f.            

The acts, decrees, legislation, regulations or restrictions of any government;

3.   

Our performance under any Contract is deemed to be suspended for the period

that the Force Majeure Event continues, and we will have an extension of time

for performance for the duration of that period.  We will do what we can

within reason to bring the Force Majeure Event to a close or to find a solution

by which our obligations under the Contract may be performed despite the Force

Majeure Event.

17. 

Waiver

1.   

If we fail, at any time during the term of a Contract, to insist upon strict

performance of any of your obligations under the Contract or any of these terms

and conditions, or if we fail to exercise any of the rights or remedies to
which

we are entitled under the Contract, this shall not constitute a waiver of such

rights or remedies and shall not relieve you from compliance with such

obligations.

2.   

A waiver by us of any default shall not constitute a waiver of any subsequent

default.

3.   

No waiver by us of any of these terms and conditions shall be effective unless

it is expressly stated to be a waiver and is communicated to you in writing in

accordance with clause 14 above.

18. 

Severability

If

any of these terms and Conditions or any provisions of the Contract are

determined by any competent authority to be invalid, unlawful or unenforceable

to any extent, such term, condition or provision will to that extent be severed

from the remaining terms, conditions and provisions which will continue to be

valid to the fullest extent permitted by law.

19. 

Entire Agreement

1.   

These terms and conditions and any document expressly referred to in them

represent the entire agreement between us in relation to the subject matter of

any Contract and supersede any prior agreement, understanding or arrangement

between us, whether oral or in writing.

2.   

We (that is, you and us) each acknowledge that, in entering into a Contract,

neither of us has relied upon any representation, undertaking or promise given

by the other or be implied from anything said or written in negotiations

between us prior to such Contract except as expressly stated in these terms and

conditions nor shall either of us be entitled to do so unless such a statement

was made fraudulently.

3.   

We intend to rely upon these terms and conditions and any document expressly

referred to in them in relation to the subject matter of any Contract. While we

accept responsibility for statements and representations made by our duly
authorised

agents, please make sure you ask for any variations from these terms and

conditions to be confirmed in writing.

20. 

Our Right to Vary These Terms and Conditions

1.   

We have the right to revise and amend these terms and conditions from time to

time to reflect (without limitation) changes in market conditions affecting our

business, changes in technology, changes in payment methods, changes in
relevant

laws and regulatory requirements and changes in our system's

capabilities.  

2.   

You will be subject to the policies and terms and conditions in force at the

time that you order products from us, unless any change to those policies or

these terms and conditions is required to be made by law or governmental

authority (in which case it will apply to orders previously placed by you), or

if we notify you of the change to those policies or these terms and conditions

before we send you the Dispatch Confirmation (in which case we have the right

to assume that you have accepted the change to the terms and conditions, unless

you notify us to the contrary within seven working days of receipt by you

of the Products).

21. 

Law and Jurisdiction

Contracts

for the purchase of Products through our site will be governed by English

law.  Any dispute arising from, or related to, such Contracts shall be

subject to the non-exclusive jurisdiction of the courts of England and Wales.