Your order for a ROXI LTD product through our website is an offer to ROXI to purchase the product. When you place an order, we will send you an email confirming receipt of your order which will also contain the details of your order. This email is an acknowledgement that we have received your order and does not confirm acceptance of your offer to purchase the product. We only accept your offer when we dispatch the ROXI to you and send email confirmation to you that we’ve dispatched the product. The agreement between you and us for the purchase of a Music Pass becomes effective upon the earlier of: (i) our acceptance of your order; (ii) your receipt of an order confirmation; or (iii) your activation of the Music Pass.
Cancelling your order of the product
If you change your mind, then don’t worry. For purchases made directly from ROXI, you have the right to cancel your purchase of the product and receive a full refund without giving any reason up to 30 days from the date the ROXI product is delivered to you, except where you activated your Music Pass to the music service during that time and agreed that you lost the right to cancel upon such activation. You give your explicit consent to the immediate commencement of the music service upon formation of your agreement with us. You acknowledge and accept that by activating your Music Pass and/or accessing the music service during the 30-day cancellation period, you will lose your statutory right to cancel the agreement. Please also note that the right of cancellation does not apply to:
The delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
The delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery; or
The supply of goods made to your specifications or clearly personalized.
Cancelling an additional Music Pass
If, after you have purchased an additional Music Pass from us, you change your mind, that’s fine. You have the right to cancel your purchase of an additional Music Pass, and receive a full refund without giving any reason up to 30 days from the date you purchased it, except where you purchased or activated the Music Pass and agreed at that point that you lost the right to cancel upon such activation. You give your explicit consent to the immediate commencement of the music service upon formation of your agreement with us. You acknowledge and accept that by activating your Music Pass and/or accessing the music service during the 30-day cancellation period, you will lose your statutory right to cancel the agreement.
How to cancel
To cancel your purchase for the ROXI product or an additional Music Pass, you need to inform ROXI that you have decided to cancel. The easiest way to do this is to complete the support form on our website. If you use this method, we will email you to confirm that we have received the cancellation. Alternatively, you can also email us at email@example.com with details of your order.
Effects of cancellation
Once you have cancelled your agreement with us, we will refund the price you paid for the ROXI product or additional Music Pass (as applicable), including any standard (non-premium) delivery costs. If you cancel a contract for the ROXI product, you are responsible for returning the product to us without undue delay. Where applicable, you are responsible for the costs of returning the product and we may charge you for our direct returns costs.
Payment of refund
We will make any refund due to you without undue delay and within 14 days from: (i) the date you notify us of your decision to cancel; or (ii) in the case of returned ROXI products, the date we receive the product from you or the date we receive evidence from you that the product has been returned (such as a posting receipt). We will make the refund using the same means of payment you used when you purchased the item, unless you agree otherwise. These cancellation rights do not affect your statutory legal rights. For advice on what rights you may have, please visit www.adviceguide.org.uk.
Purchases made through a retail partner
These cancellation rights do not apply where you purchase your ROXI product through a retailer or distributor. Please contact the retailer or distributor you purchased the product from if you have any problems with the product.
2. Defective products
If you are returning an ROXI product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us. This right is additional to your statutory right to cancel. You must notify us of an error in respect of the ROXI product delivered or of a damaged or defective product within 30 days of receipt. If a product becomes faulty after the 30 days please contact us at firstname.lastname@example.org to obtain further returns information. You must return the ROXI product in the same condition in which you received it. You have a legal obligation to take reasonable care of the product whilst it is in your possession. If you don’t do so, we may have a right of action against you for compensation. We will examine all products returned as damaged or defective and will notify you of your refund via email as soon as we reasonably can. We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund for the damaged or defective product. Where we have accepted the damaged or defective products returned by you, you will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to us. If we find no fault with the returned products, you will be notified that the returned products cannot be accepted and you may choose to have the products re-delivered to you. If you do not accept re-delivery we may retain the products and the purchase price and recover our fees and expenses from you. With respect to products reported as damaged or defective after 30 days from the date on which it was purchased, we may seek to repair or replace the product prior to, or instead of, offering you a refund.
Purchases made through a retail partner
These provisions concerning defective products do not apply where you purchased your ROXI product through a retailer or distributor. Please contact the retailer or distributor you purchased the product from if you have any problems with the product.
ROXI LIMITED HARDWARE WARRANTY (THE “WARRANTY”)
We are Magic Media Works, the company behind the ROXI music system (“ROXI”).
Our company name is Magic Media Works Limited (“Magic Works”). Our company is registered in England and Wales under registration number 09054377, and its registered office is at c/o TTKW 18 Bedford Row, London, WC1R 4EQ, United Kingdom.
“You” or “Your” means the person or entity that originally purchased the Product (as defined below) in its original packaging directly from Magic Works or from an authorised reseller of ROXI (an “Authorised Reseller”).
By using the Product, you agree to this Warranty. All claims made under the Warranty will be governed by the terms and conditions set forth herein.
1. THE WARRANTY - What and who it covers, the period of coverage and how state and other laws relate to this Warranty
1.1. Magic Works warrants that any product that is manufactured by or on behalf of Magic Works and is purchased by You from Magic Works or an Authorised Reseller (including any packaging, parts, manuals or other materials used, included or incorporated therewith, but excluding any software and data incorporated therewith) (each a “Product”) shall be free from material defects in design, workmanship and materials (each a “Defect”), and that such Products shall remain free from Defects under ordinary use in accordance with the Magic Works guidelines for the Warranty Period of one (1) year from the date of purchase .As used in this warranty, “Warranty Period” means the period of one (1) year from the date of purchase unless You have purchased an Extended Warranty option from Magic Works directly, in which case the “Warranty Period” shall be true for a period of two (2) years or three (3) years from the date of purchase, depending on which Extended Warranty option You have purchased from Magic Works. In order to prove the date of purchase of a Product and/or an Extended Warranty, You must keep your receipt as proof of the date of sale, and You will need to provide Magic Works with a copy of the original proof of purchase in accordance with the returns procedure described at paragraph 3 below.
1.2. The Warranty is additional to, and does not affect, exclude, limit or suspend Your statutory rights that you may have under applicable national and where appropriate state consumer laws in force, nor Your rights against the retailer or dealer you purchased the Product from arising from the sale and purchase contract.
1.3. If Your state or any other law gives You any implied warranty, including an implied warranty of merchantability or fitness for a particular purpose, its duration is limited to the Warranty Period. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to You.
1.4. The Warranty does not apply to persons or entities that purchased the Product: (i) in used or unpackaged form; or (ii) for resale, lease or other commercial use; or (iii) from someone other than Magic Works or an Authorised Reseller. Except where restricted by law, this Warranty is non-transferrable and is limited to You, the original purchaser. A person who is not either You or Magic Works has no rights under applicable laws to enforce any term of the Warranty.
2. SCOPE OF WARRANTY - What is not covered in the Warranty
2.2. To the fullest extent permitted by applicable law, Magic Works shall not have any liability to You in connection with any:
2.2.1. indirect, incidental, special or consequential losses, damages, costs or expenses;
2.2.2. loss of actual or anticipated profits;
2.2.3. loss of contracts;
2.2.4. loss of use of money;
2.2.5. loss of anticipated savings;
2.2.6. loss of revenue;
2.2.7. loss of goodwill;
2.2.8. loss of reputation;
2.2.9. loss of business;
2.2.10. ex gratia payments;
2.2.11. loss of operation time;
2.2.12. loss of opportunity; or
2.2.13. loss of, damage to or corruption of, data
whether or not such losses were reasonably foreseeable, nor whether Magic Works or its agents, contractors or resellers had been advised of the possibility of such losses being incurred. For the avoidance of doubt, provisions 2.2.2 to 2.2.13 above apply whether such losses are direct, indirect, consequential or otherwise.
2.3. To the fullest extent permitted by applicable law, the total aggregate liability of Magic Works arising out of or in connection with all claims in aggregate (including Warranty claims and losses relating to the breach of Warranty) shall be limited to the actual purchase price paid by You for the Product.
2.4. The Warranty DOES NOT cover, and is void as it relates to:
2.4.1. cosmetic damage, such as scratches, nicks and dents;
2.4.2. consumable parts, such as batteries;
2.4.3. reasonable wear and tear;
2.4.4. damage caused by accident (including, for example, by being dropped or failure to follow instructions in the instruction manual for the Product), abuse, misuse, external cause, water, flood, fire or other acts of nature or any other direct or contributory external causes;
2.4.5. any other act, neglect or default by You or any third party;
2.4.6. if the Product was operated or stored in abnormal or improper use or maintenance conditions or contrary to Magic Works’ written instructions or recommendations;
2.4.7. if the Product was repaired, modified or altered or undergone attempted unauthorised repair, modification or alteration (including, but not limited to, any attempt to open it up);
2.4.8. if the Product was installed improperly or without following the supplied installation instructions;
2.4.9. if the serial number or any other markings of the Product are defaced, modified or missing;
2.4.10. if any labels or seals on the Product have been modified, removed or broken;
2.4.11. if used for commercial purposes (including, for example, rental); or
2.4.12. errors that occur with, or damage caused to, the Product when the Product is used in conjunction with third-party software or hardware not sold or licensed by Magic Works. For the avoidance of doubt, Magic Works does not warrant that third-party hardware or software will function error-free when used in conjunction with the Product.
2.5. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to You. Nothing in this Warranty restricts, limits or excludes liability to You for death or personal injury as a result of Magic Works’ negligence, or for fraudulent misrepresentation.
3. MAGIC WORKS WARRANTY CLAIM OBLIGATIONS - What Magic Works will do to correct problems
3.1. If You would like to make a claim in respect of the Warranty, You must return the Product to Magic Works in accordance with paragraph 3 below. Once the Product has been received by Magic Works and Magic Works has identified a Defect, Magic Works, at its absolute discretion (subject to Magic Works not choosing an option which would deny You Your statutory rights described herein), may:
3.1.1. repair the Product, using new or refurbished replacement parts; or
3.1.2. exchange the Product with a replacement Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product.
3.2. The decision of Magic Works shall be final and binding with regards to the condition of any returned Product and eligibility for repair or replacement under the Warranty.
3.3. If Magic Works repairs or replaces a Product under the Warranty, a replacement Product assumes the Warranty of the original Product for the remainder of the Warranty Period or for ninety (90) days from the date on which the replacement or repair is performed by Magic Works, whichever provides longer coverage for You. When a Product is exchanged, any replacement Product becomes Your property and the returned Product becomes Magic Works’ property.
3.4. Such repairs or exchange and replacement will be made by Magic Works at no charge to You for parts or labour; however, You shall be responsible for any transportation costs. Magic Works will similarly not be liable for shipping or insurance costs, import fees, duties or taxes, unless otherwise required by law.
4. WARRANTY CLAIM PROCEDURE - How You can get service
4.1. If You would like to make a claim under the Warranty, Magic Works’ liability for Defects shall be subject to:
4.1.1. if You have purchased the Product from an Authorised Reseller, You returning the Product that You claim is subject to a Defect (“Defective Product”) back to Your initial point of purchase for an exchange or repair, subject to any other terms offered directly by such Authorised Reseller to You;
4.1.2. alternatively, if you have purchased the Product from Magic Works or an Authorized Reseller, you may create a warranty claim in accordance with the online returns procedure described below;
4.1.3. You providing a reasonably detailed explanation of the alleged Defect in accordance with the online returns procedure; and
4.1.4. You providing a copy of the original proof of purchase and serial number of the Defective Product to Magic Works by means of the online returns procedure.
4.2. Magic Works reserves the right to refuse the warranty service if the documentation described at paragraph 4.1.3 and 4.1.4 cannot be provided or is incomplete or ineligible.
4.3. In order to make your warranty claim online, please visit www.roximusicsystem.com and follow all steps of the online returns procedure. As part of the online returns procedure, you may also be required to return the Defective Product to Magic Works together with any other documentation Magic Works may reasonably require, to an address which will be provided to you. If you do not have internet service, you may contact Magic Works at +44 (0)2070992750.
4.4. You should use suitable methods to ensure safe and proper delivery to Magic Works when you send products to Magic Works. Magic Works is not responsible or liable for any items lost or damaged in transit.
5. ADDITIONAL TERMS GOVERNING THE WARRANTY - Including governing law and dispute resolution
5.1. Always use the Product in accordance with applicable law. Do not use the Product for making illegal copies or infringing copyright.
5.2. You shall not assign, transfer, novate or charge or purport to assign, transfer, novate or charge the Warranty or any of Your rights, liabilities or obligations under the Warranty.
5.3. If any provision of this Warranty shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other provision or sub-provision or part of any provision or sub-provision, all of which shall remain in full force and effect.
5.4. In case of any inconsistency between the English and other versions of the Warranty that are translated into other languages, the English version shall prevail.
5.5. Regardless of conflict of law principles, the Warranty and any dispute or claim arising out of or in connection with it or its subject matter or formation (including, but not limited to, non-contractual disputes or claims and claims relating to or arising from consumer protection, unfair competition, implied warranties and torts) will be governed by:
5.5.1. the laws of England and Wales if You are domiciled outside the United States, with the courts of England being the exclusive forum for settling any disputes which may arise out of or in connection with the Warranty; or
5.5.2. the laws of the State or Province where You live if you are domiciled in the United States, with the courts of such State or Province being the exclusive forum for settling any disputes which may arise out of or in connection with the Warranty.