Terms & Conditions
These Terms & Conditions apply to the use of this Website and Services offered here. By accessing this Website or placing an order you agree to be bound by the Terms & Conditions set out below. If you do not agree to be bound by these Terms & Conditions, you may not continue to access this Website or using our Offerings.
- "Terms & Conditions", "Terms": These Terms & Conditions and specific conditions as sometimes stated in Product Descriptions or listings.
- "Website": The AVLFX website at www.avlfx.com or any subsequent URL which may replace it.
- "Service": Our business of offering and selling audio, video, lighting and effects products, applications and services, in each case in whatever format they may be offered now or in the future. The Website and Services are collectively referred to herein as the "Offerings".
- "Product": A product displayed for sale on the Website.
- "Product Description": Any part of the Website where information in respect of an individual Product is provided.
- "AVLFX", "we", "us", "our": Loud Technologies Asia Pte Ltd, a company registered in Singapore under registration number 201528112W. Our registered office and main trading address is 50, Serangoon North Ave 4, First Centre #07-03, Singapore 555856.
- "You": The user of the Website, such as
- a visitor or guest
- a holder of a registered user account
- a customer placing, or having placed, an order on this Website, as guest or holder of a registered user account
- "Personal Information": Details provided by you when using the Website.
Other applicable terms
- Our Shipping / Delivery policy, which sets out the terms under which we deliver products to you, including self-collection if and where applicable.
- Our Payments policy, setting out the available payment options, and implications if applicable.
- Our Warranty & Returns policy, which sets out the terms for warranty and return of Products, and how we handle refunds, if and where applicable.
- Our Credit Points policy, setting out the terms for earning and spending of points within the scope of our referral and loyalty programmes.
Use of the Website
You are provided with access to this Website in accordance with these Terms, and any orders placed by you must be placed strictly in accordance with them.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
- you are at least 16 years of age before submitting any Personal Information through the Website; and
- the Personal Information which you providing when you are creating an account or checking out as a guest is true, accurate, current and complete in all respects; and
- if you are accessing the Website or using the Offerings on behalf of your company, you represent that you are authorised to accept these Terms on behalf of your company, and all references to "you" or "Customer" reference your company; and
- you will notify us immediately of any changes to the Personal Information by updating these details in your account on the Website or, if you are unable to log in to your account, notify us by other means.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our directors, officers, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you, or any other liabilities arising out of your use of the Offerings or the use by any other person accessing the Website using your account and/or your Personal Information.
- modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Terms from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms, then you must immediately stop using our Offerings.
External / third-party links
We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Prices of Products on the Website are in Singapore Dollars ("S$") and do not include shipping/delivery charges or taxes such as GST, VAT or the equivalent in your country, unless stated otherwise.
Any prices displayed on the Website in a currency different from S$ are for information purposes only, based on conversion at a recent bank exchange rate, and in no way binding.
Prices may change from time to time, but changes will not affect any order which we have processed.
We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was submitted.
However, it is always possible that, despite our best efforts to keep the Website as up to date as possible, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you per email. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Each Product purchased is sold subject to its Product Description which may set out additional specific conditions related to that Product including, without limitation, terms and conditions concerning estimated shipping/delivery dates and times, warranties and return options.
We take all reasonable care to ensure that all Product Descriptions, images, details and specific conditions of Products appearing on the Website are correct at the time when the relevant information was submitted. However, it is always possible that, despite our best efforts to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
The images of the Products on the Website are for illustrative purposes only; Products may vary from those images.
Please refer to our Warranty & Returns policy as integral part of these Terms.
All Products shown on the Website are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and, in this case, we will not process your order. In some circumstances we may offer a suitable substitute.
Shipping, delivery, and related charges
Delivery will be completed when we deliver the Products to the address you gave us or, in case of pick-up/self-collection, when we have handed them over to you.
In most circumstances a signature is required on delivery.
The Products will be your responsibility from the completion of delivery.
In the event of non-delivery you may be asked to sign a disclaimer to this effect before we can consider a remedy.
Please refer to our Shipping / Delivery policy as integral part of these Terms.
Please refer to our policy on Payments as integral part of these Terms.
Orders and electronic contracting
You may only purchase Products from the Website if you are at least 18 years of age.
The order process ("Checkout") on the Website allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the Checkout.
After you place an order on the Website by finishing the Checkout, you will receive an email from us acknowledging that we have received your order and it has been "created" in our system. Please note that this email does not constitute acceptance of your order.
After you have made payment for the order in full, you will receive an email from us notifying you that your order has been "confirmed" in our system. Please note that this email does not constitute acceptance of your order.
For items being shipped or delivered to you (as opposed to pick-up/self-collection), you will receive an email from us informing you that your order has been "shipped" from our warehouse.
Order acceptance and the completion of the contract between you and us will take place on shipment or, in case of pick-up/self-collection, delivery of the Products ordered to you, unless we have notified you that we do not accept your order, or you have cancelled it.
You own the Products once we have received payment including all applicable delivery and other charges in full, unless the order has been cancelled and refunded.
The Terms in force at the time when your order was created will apply to the contract between you and us.
The contract will be concluded in English.
Cancellations of orders by you
You have the right to cancel your order before we have accepted it and the contract between you and us is completed, means after your order has been created or confirmed, and before it has been shipped.
If you have an account registered with us on the Website and the order has been created but not confirmed yet, you may also cancel the order by using the "Actions" menu in the order listing of your account pages.
If you decide to cancel your order after it has been paid by you and before it has been shipped, we may refund your payment. Please refer to the section "Refunds" here below.
Non-acceptance and cancellations of orders by us
- The Product you ordered being unavailable.
- Your not paying the total amount due for the order in full, or our inability to obtain authorisation for your payment.
- Your not meeting the eligibility to order criteria set out in other parts of these Terms & Conditions.
- The identification of a pricing or product description error.
Should we have taken payment prior to non-acceptance of your order, then we will refund you, but please note that it can take a certain amount of time for the funds to be effectively transferred back to you. Please refer to the section "Refunds" here below.
Cancellations of contracts
Generally, all sales are final, and a contract completed upon us having shipped or, in case of pick-up/self-collection, delivered the Products ordered by you can not be cancelled.
Instead, under certain conditions, you may be eligible to return a Product. Conditions, eligibility and procedures for returns are set out in our Warranty & Returns policy as integral part of these Terms.
Under certain conditions, as set out in other sections of these Terms and in our Warranty & Returns policy, you may be eligible for a refund.
- Products marked as "no refund" or "not refundable" in the Product Description.
- "Clearance Sales" Products, such as "Must go" or "ex Demo".
- Consumable Products, such as lamps or liquids.
- Software Products downloaded or opened or unsealed.
- Products from which the serial number has been removed.
- Coupons, vouchers or gift cards.
- "Credit Points" from our referral and loyalty programmes.
- any expenses, such as fees for bank transfer, may need to be borne by you, the beneficiary, and
- we may deduct administrational charges.
In case of Products returned,
- if any Product or item we receive, or part/accessory thereof including its original packaging, is not in its original condition, damaged or missing, we will deduct a corresponding amount.
Any refund will be made via the original method of your payment. We do not entertain requests for refund to anyone else than the original purchaser or through any payment method other than what was originally employed for payment of the order.
Any refund will be made as quickly as reasonably possible. Please allow time for the processing by us and the institutions involved.
Refunds due to overpayment
If we have received an overpayment, means a payment exceeding the total amount due for your order, we may, upon your request, refund the overpaid amount via the original method of your payment to the same account, provided the amount overpaid is greater than any fees and charges for transfer and/or administration to be borne by you.
Please note that, alternatively, we may hold the amount overpaid and credit it against your next order.
Referral and loyalty programmes
From time to time, as part of our Offerings and promotional activities, we may offer benefits in form of referral and loyalty programmes.
For the current versions of such programmes, please refer to Credit Points as integral part of these Terms.
Communications between us
All communications will be in English.
When we refer, in these Terms, to "in writing", this will include email.
If we have to contact you we will do so by email or by pre-paid post to the address you provide to us in your account or order, or by telephone on the telephone number supplied to us by you.
Copyright, intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may, if necessary to make a purchase, download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied, in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made, and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
- any economic losses (including without limitation loss of data, income, revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses;
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.
Events outside our control
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 any act or event outside or beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
In case of such act or event outside or beyond our reasonable control, our obligations under a contract will be suspended, and the time for performance of our obligations will be extended for the duration of the act or event. Where the act or event affects our delivery of Products to you, we will arrange a new delivery date with you after the act or event is over.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance and survival
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Transfer of rights
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your or our rights and obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Any contract is between you and us. No other person shall have any rights to enforce any of its terms.
These Terms govern our relationship with you. Any changes to these Terms must be in writing and signed by both parties. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. If applicable, your Statutory Rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.
Headings of these Terms are for reference purposes only and shall not be incorporated into the terms and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
These Terms are governed by the law of Singapore. This means, irrevocably and unconditionally, a contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by the law of Singapore. You and we both agree to that the courts of Singapore will have non-exclusive jurisdiction.
Our company details:
Loud Technologies Asia Pte Ltd
Registered office: 50, Serangoon North Ave 4, First Centre #07-03, Singapore 555856
Registered in Singapore. Company/GST registration number: 201528112W
(v1.1 – 13 November 2019)