POLICIES

These terms of purchase (”Terms of Purchase”) apply when you make a purchase from the websites, microsites, and mobile versions of these websites, including www.marshall.com (collectively, the “Website”) that link to these Terms of Purchase, and that are owned, operated, or controlled by Marshall Group AB (“Marshall”, ”us” or ”we”).

1.1 When you make a purchase on the Website, an agreement is entered with Marshall. We are also the personal data controller for the processing of your personal data, see our Privacy Policy.

1.2 You can contact us via our service center here.

2.1 When you make a purchase on the Website, you will accept these Terms of Purchase, which apply to all our sales of products available on the Website. To make a purchase, you need to have the right to enter into an agreement in accordance with applicable law, e.g. be of the legal age to enter agreements in your country of residence and not be under legal guardianship.

2.2 You confirm that you are a consumer and that you will only use the products for non-commercial purposes. We have the right to reject and/or cancel orders placed by customers that can be assumed to have an intent to sell the products for commercial purposes or if we suspect an attempt to commit fraud.

Your order constitutes an offer to buy the products you have selected. After receiving an order, we will send you an e-mail acknowledging that we have received your order (“Order Confirmation”). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will be formed only when you receive the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in the same or a separate Order Confirmation. We may also require verification of your information prior to the acceptance and/or shipment of any order.

4.1 Many of our products can be used together with our mobile application. The mobile application is provided at the same time as the product and can be downloaded by you at any time. It enables you to customize your listening experience, control the music you are listening to, make further adjustments to the product or access a wider range of features. The mobile application is therefore also a part of the product and the products are considered as products with digital elements. The mobile application is also subject to consumer protection rights as stated in these Terms of Purchase. In addition to these Terms of Purchase, the mobile application is also subject to its own terms of use for mobile application, which regulates your use of the application.

4.2 We will use reasonable efforts to notify you concerning updates, including security updates, that we make with respect to our products.

5.1 The prices applied to the products are the prices stated on the Website at the time of ordering. All prices are stated in the local currency including applicable VAT. Shipping and payment fees may apply in accordance with the following.

5.2 For some markets, we do not collect VAT, GST, duties and/or taxes, etc. Whether we collect these costs or not will be stated on the product page, cart and checkout. If you order to a country where we do not collect these costs, you are responsible for making appropriate payments to the carrier upon delivery. Not making these payments may prevent you from receiving your product and this will be outside our control. We recommend that you contact your local customs authority for details relating to what charges apply before placing an order.

5.3 If the price or information regarding a product listed on the Website is incorrect and you realized or should have realized this, the price or information will not apply to the purchase. In such cases, we will contact you as soon as possible.

5.4 We offer different payment options. You can read more about our payment options here. You can also access the available payment options at the checkout. Additional costs may apply depending on the option you choose and our payment service providers may have different terms applying to you. We and the payment service providers have the right to choose which payment options we offer, which can differ from time to time.

6.1 Depending on which country’s version of our Website you use to make your purchase, we deliver within the EU, Africa, America, Asia and the Middle East. You will find information about our delivery options and any restrictions regarding delivery here.

6.2 Products are delivered to you with the delivery option you choose at checkout. You can find what shipping options that are available to you on the Website and at the checkout. Depending on which shipping method you choose and the total amount of your order, shipping fees may apply. You can find complete information about delivery options and delivery costs here.

6.3 The expected delivery time is stated on the Website and in the order confirmation, but may differ depending on which delivery option you choose. The estimated delivery time stated on the Website is calculated from the Shipping Confirmation and not from the time when you placed the order. We always strive to deliver your order within the estimated number of working days for delivery stated on the Website and in your order confirmation.

6.4 Please note that for the safe delivery of any order you must state a correct delivery address and contact details (no P.O. boxes – since the courier requires a signature upon delivery). The delivery address is to be an address where you can be reached during ordinary business hours – Monday through Friday.

6.5 To the extent permitted by mandatory law, you are not allowed to place orders via freight forwarding locations and warehouses or to locations other than the country you reside in. Marshall reserves to right to reject and/or cancel any such orders. Using a freight forwarder to ship items internationally may result in complications not covered by Marshall, who will not be considered the exporter of these goods. Marshall will not be responsible for damage, defect, material difference, or loss that occurs to goods after they are delivered to you or a freight forwarder. This means that Marshall is not able to provide a replacement or a refund for any shipment taken outside of the USA by using a freight forwarding service. International return labels will not be issued for items exported through a freight forwarder.

7.1 If you pre-order a product, the delivery time is approximate and stated separately for each product. We will inform you of any delays in relation to the approximate delivery time stated at the time of your order. Prior to Shipping Confirmation, you have a right to cancel your order. In addition to this, all pre-orders are subject to the same terms as products in stock, including payment terms.

8.1 We may from time to time offer promotions, discount codes, gifts and other offers (“Offers”). Such Offers are valid only for the period specified in connection with such Offer and on the terms specified in connection with the Offer. Offers cannot be combined with other discounts unless expressly stated on the Website. You need to fill in the discount code for the Offer before completing the purchase in order to take advantage of the Offer.

8.2 If you return ordered products that, due to an Offer, include a gift from us, your order may in some cases no longer meet the conditions for the Offer. This means that, if you return such order, you must also return the gift. Otherwise, we will contact you and deduct the value of the gift before we reimburse you for the returned product.

9.1 We offer you 30 days right to return from the day you, or a person on your behalf, receive the product that you have purchased on the Website.

9.2 When you exercise your right to return, you have the right to open the packaging and examine the product to the extent required in order to assess its character, quality and function. In these cases, you have the right to a full refund if you notify us within 30 days from the day you received the product. If you handle the product to a greater extent than required to determine its character, quality and function, we have the right to deduct a sum from the refund. Read more about what this means below in section 9.7.

Cost of return

The cost of return freight varies dependent on your location. You can find complete information about return costs here.

How to return

9.3 If you wish to return a product, you need to contact our customer service here in order to receive an accurate return address. The return addresses vary depending on where you live and what product you want to return. By contacting our customer service, we can ensure that you can return your product as quickly and easy as possible.

9.4 You can always use our standard form for the right to return that can be found here.

Your refund

9.5 If you use your right to return, and the product is used more than necessary to determine its character, quality and function, we have the right to deduct an amount by which the value of the product has been reduced. Such a deduction is made according to the product’s value upon return compared to the original value at the time of purchase.

9.6 When you use your right to return, we will process your refund within 14 days from the day we receive the returned product or you have shown that you have sent it to us.

9.7 Refunds will be made to you using the same payment method you chose at the time of purchase, unless otherwise agreed. Note that depending on which payment option you chose at the time of purchase, it may take a few extra days for our payment service provider to administer the refund.

10.1 If there is something wrong with your product, you may have the right to complain in accordance with mandatory consumer protection legislation that applies in the country where you are domiciled.

10.2 To make your complaint, we recommend that you contact us via our service center, here. Our customer service will then help you with your complaint. If you want to complain about a product, please contact us as soon as possible.

10.3 When we have received the product and it has been established that the complaint is valid, we will reimburse you in accordance with applicable law.

11.1 If there is a defect to the product delivered or if the delivery is delayed, we will reimburse you for the damage you suffered as a result of the defect or delay in accordance with applicable mandatory consumer protection legislation. We are only liable for such damage to the extent that you have taken reasonable steps to limit your damage. We are therefore not responsible for damages you could have avoided by taking reasonable steps.

11.2 We are not liable for damages or delays caused by unforeseen circumstances beyond our control, for example pandemic, fires, explosions, floods, acts of war, sabotage, riots, accidents, breakdowns of machinery or equipment, strikes, labour disputes or shortages, all governmental actions, inability to obtain material equipment or transportation or natural disasters, which we could not reasonably have foreseen (Force Majeure). However, you always have the right to cancel the purchase in accordance with mandatory consumer protection legislation.

12.1 We have the right to change these Terms of Purchase, but the Terms of Purchase that you approved at the time of your purchase of a product will always apply to that purchase. All changes will be stated in the latest published version of the Terms of Purchase on the Website. Changes will be effective from the time you have accepted the Terms of Purchase, i.e. in connection with you making a new purchase on the Website.

12.2 If any provisions of these Terms of Purchase would be considered invalid or unenforceable by any competent court, authority or alternative dispute resolution body, the other parts of that provision and all other provisions of these Terms of Purchase will remain valid and fully enforceable in accordance with applicable law.

12.3 You always have the right to exercise the rights that exist for consumers in the country where you have your usual place of residence. This means that we will comply with mandatory consumer protection legislation that is in force in your country. We have no intention of excluding or restricting such rights through these Terms of Purchase.

13.1 These terms apply mainly to customers who are individuals. If you make a purchase by representing a legal entity, you will accept the Terms of Purchase on behalf of the legal entity and ensure that you have the authority to accept these Terms of Purchase and the purchase you make for the legal entity.

13.2 If you make a purchase as a representative of a legal entity, the clauses in these Terms of Purchase aimed to consumers will not apply, such as the right of withdrawal and extended returns. Also, different payment terms may apply.

To customers acting as legal entities, we will in no event be liable for (i) any indirect, incidental, special, consequential, punitive or tort damages, nor (ii) for any loss of production or for lost profits, savings or revenues of any kind (whether direct, indirect or consequential). In addition, in no event shall Marshall´s total liability for all damages, losses and causes of action exceed an amount equivalent to the amount paid or payable by the customer to Marshall for the product causing the damage, loss or cause of action.

14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARSHALL SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCTS YOU PURCHASE OR THESE TERMS OF PURCHASE, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT MARSHALL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARSHALL’S TOTAL LIABILITY IN CONNECTION WITH ANY CLAIMS ARISING UNDER THESE TERMS OF PURCHASE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO MARSHALL FOR THE PRODUCT GIVING RISE TO THE CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

14.3 Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14.4 THE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. NOTHING IN THESE TERMS OF PURCHASE LIMITS EITHER PARTY’S LIABILITY FOR BODILY INJURY OF A PERSON, DEATH, OR PHYSICAL DAMAGE TO PROPERTY OR ANY LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

15.1 You are welcome to contact us if you have any questions or complaints regarding your order. You can easily reach us via the contact information that appears at the beginning of these Terms of Purchase.

15.2 In the event of a dispute, we will comply with the dispute resolution provision set forth in the Marshall Terms of Use. Governing law shall be as set forth in the Terms of Use.

15.3 Notwithstanding the above, any disputes may also be settled in any competent court where you as a customer are domiciled.

The Terms of Purchase were enacted by Zound Industries USA, Inc on 25 March 2024.