Terms & Policies

Introduction

Welcome to dCS Audio's privacy policy.

Data Conversion Systems Limited, trading as dCS Audio, respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1.              Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Data Conversion Systems Limited collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to a newsletter, purchase a product or service or for some other purpose where personal data may be involved.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Data Conversion Systems Limited is the controller and responsible for your personal data (collectively referred to as "dCS Audio", "we", "us" or "our" in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Data Conversion Systems Limited

Email address: [email protected]

Postal address: Unit 1, Buckingway Business Park, Anderson Road, Swavesey, Cambridgeshire, CB24 4AE, England

Telephone number: +44 (0) 1954 233950

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review and may change it from time to time. This version was last updated on 23.05.2022  Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2.              The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together for description purposes as follows:

·       Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

·       Contact Data includes billing address, delivery address, email address and telephone numbers.

·       Financial Data includes bank account and payment card details.

·       Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

·       Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

·       Profile Data includes any username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. 

·       Usage Data includes information about how you use our products and services, our website or respond to or interact with our emails.

·       Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature or we may aggregate your Contact Data to see where our products may be most popular. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3.              How is your personal data collected?

We use different methods to collect data from and about you including through:

·       Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

·       apply for our products or services;

·       create an account on our website;

·       communicate with us about our products or a warranty service or register your product with us;

·       subscribe to any newsletter;

·       request marketing to be sent to you;

·       enter a promotion or survey; or

·       give us feedback or contact us.

·       Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.

·       Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

·       Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Shopify based outside the UK.

·       Usage Data from Klaviyo, our provider of email marketing services.

4.              How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

·       Where we need to perform the contract we are about to enter into or have entered into with you.

·       Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

·       Where we need to comply with a legal obligation.

See the Glossary below to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest (see Glossary below for explanations)

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us, if appropriate

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

and payment information will be handled by Shopify (see External Third Parties” below)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect both our business and this website (including troubleshooting, data analysis, analysis of frequency of product returns by a customer, testing, system maintenance, support, reporting and hosting of data) 

(a) Identity

(b) Contact

(c) Technical

(d) Transaction

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent misuse or fraud in relation to our processes and business and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of any advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Transaction

(e) Usage

(f) Profile

(g) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. You can contact us directly to be removed from marketing emails or use the unsubscribe link that is included in all marketing emails.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty service, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5.              Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above (under the heading “Purposes for which we will use your personal data”).

·       External Third Parties as set out in the Glossary below.

·       Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.              International transfers

Where you may be making an online purchase from us, we share your personal data with Shopify (our payment services provider) and with delivery companies who may be delivering your ordered product to you (or collecting it, if appropriate) if you reside outside of the United Kingdom. This may involve transferring your data outside the UK.

Regarding personal data required by Shopify, if you are in Europe, the UK, or Switzerland, your personal information is controlled by Shopify’s Irish affiliate, Shopify International Ltd. Your information is then sent to other Shopify locations and to service providers who may be located in other regions, including Canada and the United States. When Shopify may send your personal information outside of Europe, it does so in accordance with European law. If you are in Europe, the UK, or Switzerland, when Shopify sends your personal information to Canada, it is protected under Canadian law, which the European Commission has found will adequately protect your information and the United Kingdom has adopted those European findings of adequacy. If Shopify then sends this personal information outside of Canada (for example, if it is sent to sub-processors), this information is protected by contractual commitments on data handling which are comparable to the standard contractual clauses required by the European Commission.

Klaviyo (our email marketing provider) is based in the United States of America. It has incorporated into its terms of service the standard contractual clauses required by the European Commission in relation to such data transfers.

If we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

·       We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

·       Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

7.              Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.              Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data - see “Your legal rights” below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9.              Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see “Your legal rights” below to find out more about these rights.

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased.

If you wish to exercise any of the rights set out under “Your legal rights” below, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request in order to assist our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10.           Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

External Third Parties

·       Customs personnel for international deliveries and delivery companies who will be delivering products to our customers or picking them up, as may be appropriate.

·       Service providers acting as processors based in the United Kingdom who provide IT and system administration services.

·       Klaviyo, our marketing emails service provider based in the United States of America. It has incorporated into its terms of service the standard contractual clauses required by the European Commission in relation to such data transfers.

·       Shopify (our payment service provider), with an operation in Ireland and based in Canada (and Canada has been found to be suitably adequate in relation to GDPR procedures for data transfers there). Their privacy policy for customers can be found at https://www.shopify.com/legal/privacy/customers.

·       Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.

·       HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom  who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

·       If you want us to establish the data's accuracy.

·       Where our use of the data is unlawful but you do not want us to erase it.

·       Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

·       You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

When you interact with www.dcsaudio.com (the site), we try to make that experience simple and meaningful. When you visit the site, our web server sends a cookie to your computer. Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of that website. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.

We use cookies to:

  • Remember that you have visited us before. This means we can identify the number of unique visitors we receive, which allows us to make sure we have enough capacity for the number of users that we get

  • Customise elements of the promotional layout and/or content of the pages of the site

  • Collect anonymous statistical information about how you use the site, including how long you spend on the site and where you have come to the site from, so that we can improve the site and learn which parts are most popular with visitors

  • Gather information about the pages on the site that you visit. This information is only collected by reference to the IP address that you are using, but does include information about the county and city you are in, together with the name of your internet service provider.

Some of the cookies used by the site are set by us, and some are set by third parties who are delivering services on our behalf. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browser. Please note, however, that by blocking or deleting cookies used on the site, you may not be able to take full advantage of some features.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website dcsaudio.com (our site), whether as a visitor or customer.

Who we are and how to contact us

dcsaudio.com is a site operated by Data Conversion Systems Limited ("We"). We are registered in England and Wales under company number 02072115 and have our registered office at Unit 1, Buckingway Business Park, Anderson Road, Swavesey, Cambridge, Cambridgshire, CB24 4AE, England. This is also our main trading address. Our VAT number is 432 276 269

We are a limited company.

To contact us, please email [email protected] or telephone our customer service line on +44 (0) 1954 233950.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

·       Our Privacy Policy.  See further under “How we may use your personal information”.  

·       Our Cookie Policy which sets out information about the cookies on our site.

If you purchase goods or services from our site, our [terms and conditions of sale ] will apply to the sales.

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 23.05.2022.

We may make changes to our site

We may update and change our site from time to time and without notice to reflect changes to our products and prices and their availability, our users' needs and our business priorities or for any other reason.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site and its intention

As our main sales territory, our site accords with the requirements of the United Kingdom. We do not represent that content available on or through our site is appropriate for use in other locations. Our online sales are available to consumers in the United Kingdom, the European Union, Norway, Switzerland, United States of America and Canada.

You must keep your account details safe

If we make a customer log in functionality available and if you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

Our site is for personal and domestic use and you must not use any part of the content on our site for commercial or business purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

·      Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.

·      Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Any user-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the following basic standards. You must not (as a minimum):

·      bully, insult, intimidate or humiliate any person;

·      transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

·      knowingly transmit any data, send or upload any material that contains viruses,  spyware, adware or any other harmful programs or similar computer code;

·      be defamatory of any person.

You warrant that any such contribution does comply with those minimum standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content but, to enable us to operate such a function, you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in “Rights you are giving us to use material you upload” below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Whilst we will not be monitoring uploaded content, we have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content: a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, and display that user-generated content in connection with the service provided by the website forever although we will be able to delete historic content of our own volition.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on [email protected]

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business visitor:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to consumers, which will be set out in our terms and conditions of sale.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we may have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

If you are a business visitor:

Our site and our products are only intended for consumers, for their personal and domestic requirements. If you are a business visitor, we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

As such, we will not be liable to a business user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

·      use of, or inability to use, our site; or

·      use of or reliance on any content displayed on our site.

·      In particular, we will not be liable for:

·      loss of profits, sales, business, or revenue;

·      business interruption;

·      loss of anticipated savings;

·      loss of business opportunity, goodwill or reputation; or

·      any indirect or consequential loss or damage.

How we may use your personal information

We will only use your personal information as set out in our privacy policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with the content standards set out in the section headed “Uploading content to our site” above.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. Wherever you live, you can bring claims against us in the English courts. If you live outside England, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Our trade marks are registered

“dCS”, “dCS ONLY THE MUSIC” and “RING DAC” are UK registered trade marks and “DCS” is an EU registered trade mark of Data Conversion Systems Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under “How you may use material on our site” above.

dCS Audio Terms and Conditions of Sale

Where to find information about us and our products

You can find everything you need to know about us, Data Conversion Systems Limited trading as dCS Audio, and our products on our website before you order. We also confirm the key information to you in writing after you order by email.

We are only able to sell to countries where our products have been certified as being permitted to be sold and where we are able to supply into those countries. These are the United Kingdom, European Union countries, Switzerland, Norway, United States of America, Canada and Hong Kong. If you are purchasing from outside of these countries, we cannot conclude the sale with you and we reserve the right to reject your order.

The below provisions set out our terms and conditions of sale which you are agreeing to when you buy from us.

We only accept orders when we've checked them

We will contact you with an order confirmation email to confirm we've received your order. You will then receive a shipping confirmation email once your order has been despatched, usually within 3 days of us receiving and processing your order. Your order will only be accepted when we dispatch the product and confirm dispatch to you.

When we will despatch your product.

We will endeavour to deliver your order within 30 days of when we accept the order although for delivery to some countries, we may need a longer period. We will give you an estimate of the delivery period when we have accepted your order.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the countries that we can supply our products into (as stated above and on our website) or because the product was mispriced by us. If this happens, we will let you know as soon as possible and refund any sums you have paid.

We charge you when you order

Provided we can accept your order, you will own the products ordered once we have received payment in full.

We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as, by way of non-exhaustive example only, acts of God, flood, earthquake or other natural event or disaster, epidemic or pandemic, terrorist attack, civil commotions, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, export or import restrictions or delays, unforeseeable events causing business interruption, cyberattack or interruption or failure of utility service, we contact you as soon as possible to let you know and do what we may be able to do to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team using the following website link: https://dcsaudio.com/contact to contact us to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or in our marketing.

When buying online, customers in certain countries have a legal right to change their mind plus extra rights under our guarantee

Your legal right to change your mind. For our products bought from us online by customers residing in the United Kingdom, European Union and Norway, there is have a legal right for those customers to change their mind about their purchase and receive a refund of what was paid for it, including the delivery costs. This is subject to some conditions, as set out below. We do not offer a right to cancel an order to customers outside of the United Kingdom, the European Union and Norway.

Our goodwill guarantee on changing your mind. We, dCS Audio, offer our UK, European Union and Norwegian customers a goodwill guarantee for products bought online which is more generous than your legal rights. This goodwill guarantee does not affect your legal rights if there is something wrong with your product).

Our goodwill guarantee

30 days to change your mind, online sales only

We pay costs of return

The deadline for changing your mind. For customers in the United Kingdom, the European Union and Norway, if you change your mind about a product you must let us know no later than 30 days after the day we deliver your product. If for any reason the products are split into different deliveries over different days, the period runs from the day after the last delivery.

When you can't change your mind. There are some types of goods for which you do not have the right to change your mind about an order. However, we do not supply products that fall into that category. Should we ever introduce any service that may see us creating products which are bespoke to a purchaser, you would not be able to change your mind for those kind of purchases. Currently, we do not offer such products.

Additionally, we reserve the right to refuse a return of a product where we consider, acting reasonably, that a customer has bought a product in connection with hobbyist or “professional hobbyist” activities (or similar), that is, their purchase was not as a consumer and was for purposes other than using the product for purely domestic and personal purposes. This could include, but not be limited to, where their intention at purchase was to use the product for only a short period of time to further their interests or hobbyist activities and then return it within the cancellation period for a refund. If this is your intention, we would ask you not to purchase.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team by filling out a return request form here. We reserve the right to consider the circumstances of the return and your eligibility for returning the product.

Cost of returns and the process if you change your mind. For our United Kingdom, European Union and Norwegian customers who change their mind under the goodwill guarantee referred to above, we will cover the cost of returns as part of our goodwill guarantee unless we inform you otherwise (see second paragraph under “When you can’t change your mind” above).

You must send the product back to us using our established delivery service which we will arrange. You must follow all packing instructions which we will provide to you. We will look to arrange this return within 14 days of you telling us you wish to cancel the contract.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in a store, we can reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", the packaging is damaged or required accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. We would confirm this following receipt of the returned product.

When and how we refund you. If you have changed your mind about a product that has not yet been delivered, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If you are sending back a product that has already been delivered, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. Refund times may vary depending on  your issuing bank or credit card provider.

You have rights if there is something wrong with your product

If you think there is something wrong with your product bought from us online, you must contact our Customer Service Team: here or by emailing [email protected]. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.

We offer a limited warranty in respect of some products and information on the warranty available on a product will be available on the particular product information page. If the product has the benefit of a warranty, we will look to repair, replace or refund in accordance with the warranty. We will always try to fix any fault remotely and without the need to have the product returned to us as a first option.

We can change products and these terms

Changes we can always make. We can always change a product:

·       to reflect changes in relevant laws and regulatory requirements in any country that we may sell to; and

·       to make minor technical adjustments and improvements (including to firmware or software). These are changes that don't affect your use of the product. We might ask you to install updates.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

·       deal with technical problems or make minor technical changes;

·       update the product to reflect changes in relevant laws and regulatory requirements; or

·       make changes to the product (see “We can change products and these terms” above).

We let you know, may adjust the price and may allow you to terminate. If you have placed an order for a product which is to be suspended, we will contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than 40 days you can contact our Customer Service Team: https://dcsaudio.com/contact to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can withdraw products

We can stop providing a product. If this relates to a product you have ordered and which has not been despatched, we will let you know and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

·       you don't make any payment to us when it's due and you still don't make payment within 10 days of our reminding you that payment is due;

·       you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, delivery information;

·       you don't, within a reasonable time, allow us to deliver the product to you.

We don't compensate you for all losses caused by us or our products

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

·       Unexpected. This is where it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

·       Caused by a delaying event outside our control, as long as we have taken the steps set out in the section “We're not responsible for delays outside our control”.

·       Avoidable. This is where you could have avoided a loss by taking reasonable action. For example, damage to your own digital content or device which you could have avoided by following our advice to apply a free update to the product or by correctly following the installation or usage instructions.

·       A business loss. Our products are for only private and domestic use and are not to be used for business purposes. We therefore do not accept any liability for any loss connected to your trade, business, craft or profession.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live outside England, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. If you're unhappy with the transfer you can contact our Customer Service Team to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this. We may not agree if, for example, we cannot supply a product into the country where the other person lives. However, where a limited warranty is available from us for a particular product, you can transfer the warranty and the remaining period available under the warranty to a new owner of the product (this can only be transferred once). We will require the new owner to prove you transferred the product to them through the provision of a letter identifying you as the original purchaser, the product, the date of purchase by you and the date of transfer.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying, if applicable) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

The dCS Audio 3 year limited warranty for Lina products

 

The Warranty

 In respect of purchases of the above-named product in the United Kingdom, the European Union, USA, Canada, China, Switzerland, Norway, Hong Kong, South Korea (“Certified Countries”), Data Conversion Systems Ltd (“dCS Audio”) provides a 3 year limited warranty for the above-named product against defects in materials and workmanship when purchased directly from dCS Audio or a dCS Audio-authorised dealer (“Dealer”). The 3 year period commences on the date of delivery to you if you have bought direct from dCS Audio or from the date of purchase if bought from a Dealer.

 If you think there is something wrong with your product, you must either contact the Dealer if you bought from a Dealer or contact our Customer Service Team for guidance if you bought direct from dCS Audio. We will always try to fix any fault remotely before authorising a return.

If we or the Dealer authorise the return, we or the Dealer will require the faulty product to be returned for evaluation and diagnosis. If bought from a Dealer, you should return the product to them in the first instance. If the product is found to be faulty following our examination and investigation, we will, at our discretion either: (a) repair the product using new or refurbished parts; (b) replace the product with an equivalent new or refurbished product to an equal value; or (c) provide a full or partial refund of the original purchase price to you in exchange for the product but we do reserve the right to reduce any refund by way of a deduction for use, to take account of the use that you have had of the product in the period since purchase. Where there is a valid warranty claim, this warranty covers parts, labour and shipping.

 We will require you to pay for the return of the product to us or the Dealer and if a fault is found, we will reimburse that return cost to you. The product should be sent using an established delivery service and packed according to our instructions. We would advise that you keep the original box and packaging for the full warranty period in case of a need to return equipment. You should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we can’t refund you the price or replace the product, whichever is appropriate.

 If no fault is found upon investigation or the fault is not covered by this warranty, we will require you to pay for the return of the product to you, payment to be received before we ship the product to you. If the fault is not covered by this warranty, you will be required to pay for parts and labour on any repair.

 Any product retained by us following the finding of a fault becomes our property.

 The returned product (whether repaired or replaced) will be covered for the remainder of the warranty period.

 

Exceptions to cover under the Warranty

 This warranty does not cover defects or damage arising from or caused by:

·       normal wear and tear;

·       mis-use, mis-handling or other accidental damage caused by you, including screen burn arising from leaving a unit switched on and inactive for prolonged periods;

·       failure to follow maintenance instructions provided or to take reasonable care of the product;

·       components that are not part of the product, including products not supplied by dCS Audio (for example, cables, mains regenerators, headphones, amplifiers), whether or not such were purchased at the same time as the covered product.

·       extreme environmental conditions (including extremes of temperatures or humidity);

·       extreme loads or pressures applied to the product;

·       extreme electrical loads, static electricity or interference, fluctuations or voltage peaks in the power supply;

·       use of the product for anything other than private and domestic purposes;

·       repairs not carried out by dCS Audio or an authorised dCS Audio partner;

·       damage caused by unforeseeable circumstances (including but not limited to lightning, fire or water damage) or other external events.

 The warranty does not cover purely cosmetic blemishes on the product arising following receipt by you, particularly scratches, dents and dust.

 This warranty shall be rendered null and void if:

·       the product is used in any professional or commercial environment or for any purpose other than purely private and domestic use;

·       there is any attempt to modify the product or the serial number has been removed;

·       there is any attempt by you to alter, remove or interfere in any way with the paint finish of the products, except that any manufacturing defect to the paint finish is covered under this warranty.

This warranty only applies to the above-named product when it has been purchased from our website or from a dCS Audio-authorised dealer or as allowed under “Transfer of Warranty” below.

This warranty is for only the product referred to above and therefore does not extend to any accessories such as cables and headphones. 

This warranty is not available to you if you are resident in any country which is not in the list of Certified Countries above.

 

Transfer of Warranty

 The benefit of this warranty can be transferred during its lifetime by the original customer to a subsequent purchaser although the transfer of this warranty will only be valid for the first such purchaser and not for subsequent sales and shall be for the remainder of the warranty period referred to above. Additionally, the purchaser must be using the product in one of the Certified Countries listed above for the warranty claim to be valid. We will accept a warranty claim from the original customer’s purchaser provided that the purchaser registers the change of ownership of the product with us and provides us directly with their contact details so that we are aware of the transfer and so that we can continue to supply information about software updates. The form to direct your purchaser to for registering the change of ownership is at https://dcsaudio.com/register.

When claiming under this warranty

You will need to:

·       provide proof of purchase

·       provide information about the symptoms and causes of the problems experienced

·       reply to any questions we raise, including requests for the serial number of the product, the model, the firmware version, peripherals connected to the product, any error messages displayed, your actions performed before the problem manifested itself and any measures you may have taken to solve the problem

·       update the firmware to the most recent version before proceeding with the returns service as this forms part of troubleshooting and attempts to resolve the issue remotely and without the need to return the product

·       follow the instructions issued to you by dCS Audio, including instructions not to send to dCS Audio any products or accessories for which no repair or replacement service is available, and to follow the instructions to pack the product according to specific shipping instructions

The provisions of this limited warranty are in addition to your statutory rights.

This warranty is the sole and exclusive warranty provided by dCS Audio regarding the product and dCS Audio’s liability is limited to as set out in this warranty and any financial remedy shall be limited to the purchase price of the product.