Terms & Conditions
When placing an order YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Our contact details are as follows:
Trading Address: The Music Inn Instruments Ltd 28-34 Alfreton Road Nottingham NG73NG
This page contains information on the terms and conditions for purchases from themusicinn.co.uk
Last Updated 30th August 2016
These
terms and conditions apply to all purchases of any products from Music
Inn. By using our website and or placing an order with us you agree to
be bound by all of these terms, conditions and policies set out below or
within our website. Music Inn at its discretion reserves the right to
change / modify this website and terms and conditions at any time, see
the above date on this page for last updated date, therefore please read
these terms and conditions each time before placing a purchase order.
CONTENTS OF THE TERMS & CONDITIONS
1. Definitions
2. General
3. Basis of Sale
4. Price & Payment
5. Description of Product(s)
6. Delivery
7. Acceptance of Product(s)
8. Cancellations & Returns
9. Data Protection & Privacy
10. Security
11. Liability
12. Intellectual Property
13. Law of Contract
1. DEFINITIONS
1.1 - "Product" means the goods and / or items you have specified.
1.2 - "Seller" means themusicinn.co.uk.
1.3 - "Us", "We", "Our" means themusicinn.co.uk.
1.4 - "Buyer" means the person who buys or agrees to buy products from the seller.
1.5 - "You", "Your" means one of our customers, buyers or those viewing our website.
1.6 - "Price" means the final cost for the product excluding the delivery charge.
1.7 - "Order" refers to your offer, as the buyer, to purchase products from us. Whether electronically or via other means.
1.8 - "Working Day" means every day of the year except weekends, and English statutory and public holidays.
1.9
- "Music Inn " means us as a company called "Music Inn" and any other
connected organisation that supplies the goods ordered by you and any
successor to its business.
1.10 - "Contract" refers to any contract
between the buyer and the seller for the sale and purchase of products
incorporating these conditions, whether completed electronically through
this website or via other means.
1.11 - "Music Inns Address" refers to the sellers address. This address is; The Music Inn 28-34 Alfreton Road Nottingham NG73NG
2.1
- We will not and are not liable to any loss caused to you where
performance of any of our obligations to you is prevented, frustrated or
impeded by reasons out of our control, including but not limited to
acts of God, war, civil commotion, accident, strikes, fire, trade
disputes, unavailability of ordered products from our supplier for
whatever reason including discontinuation of such products lines, import
or export restrictions or embargoes or any other cause not within
reasonable control of Hydrogrow systems.
2.2 - To the extent
permitted by law, we accept no liability for any loss, damage or injury
arising as a consequence of the advice provided.
2.3 - If any part of
these terms and conditions are found to be unenforceable as a matter of
law, all other parts of these terms and conditions shall not be
affected and shall remain in force.
2.4 - We cannot guarantee that
the appearance and/or colours of products shown on this site exactly
reproduce the appearance and/or colours of the physical products
themselves and that all sizes and measurements quoted are approximate.
2.5
- These terms and conditions and any contract between us and you shall
be governed by and construed in accordance with English and Welsh law
and the English & Welsh Courts shall have jurisdiction over any
disputes between us.
2.6 - Provided that if if any event referred to
in clause 2.1 continues for a period in excess of 30 days, the Buyer
will be entitled to give notice in writing to terminate the contract.
2.7
- Any notice required or permitted to be given by either party to the
other under the conditions shall be in writing and in the case of
notices to the seller, addressed to the seller at its address or in the
case of notices to the buyer, at the buyers' address as provided to the
seller.
2.8 - No responsibility will be accepted for goods used
within a contract environment i.e. public houses, Clubs, Restaurants,
etc.
2.9 - We take no responsibility for printing errors on this website.
3. BASIS OF SALE
3.1
- Subject to the buyer's right to cancel the Contract, included in
clause 8, the seller shall sell and the buyer shall buy the products in
accordance with the confirmation. No contract exists between the buyer
and the seller for the sale of any products until the seller has
received, processed and confirmed the order and the seller has received
payment in full, (cleared funds). Once the seller does so, there is a
legally binding contract between the buyer and the seller.
3.2 - The buyer may not assign the contract or any part of it without prior written consent.
3.3 - The seller may assign the contract or any part of it to any person, firm or company.
3.4 - The description of the goods orders shall be set out in writing in the confirmation sent from the seller to the buyer.
3.5
- Any item that is not the specified product in the product description
on the web page, and that appears in any photograph or illustration on
the website, will not form part of this contract. An example is other
pieces of furniture and furnishings that can be seen in the pictures
depicting the item in question in a natural setting. Such information is
for illustration purposes only and may not comprise part of the
products.
3.6 - When you the buyer click on "Check Out" on the
"Shopping Cart Page", you offer to buy the goods at the prices indicated
including any additional delivery charges that apply to your purchase.
3.7
- If your order is accepted, you will be notified of this soon after
you submit your order by clicking "Complete Order". If any errors are
made without us being aware we reserve the right to cancel the order as
set out in clause 8.7.
3.8 - Any acceptance of an order placed from outside the United Kingdom (UK) mainland is not valid.
4. PRICE & PAYMENT
4.1
- The price you pay is the displayed price on this website at the time
we receive your order apart from if a price typing error has been made
by us, in which case you will be given the option for a full refund or
price correction.
4.2 - All product prices are in £ sterling and
include VAT at the current standard rate but exclude delivery charges
unless expressly stated.
4.3 - If we make an error in the
confirmation or in any invoice or receipt, we have the right to correct
that error within 30 days of being notified of any error.
4.4 -
Payment of the price shall be due on the date of the purchase order. The
order will not be processed and thus confirmed without full payment of
the order price.
4.5 - No payment shall be deemed to have been
received until the seller has received cleared funds. There will be no
delivery until cleared funds have been received.
4.6 - Payment can be
made by any method specified at checkout. We accept Paypal & mostly
all credit and debit cards apart from American Express & Diners
Club. We also accept cheque, however the order will not be processed
until we receive cleared funds from the cheque.
4.7 - We take payment
from your card at the time we receive your order, once we have checked
your card details and stock availability. Goods are subject to
availability. In the event that we are unable to supply the goods, we
will inform you of this as soon as possible and you will be offered a
full refund if you have already paid for the goods.
4.8 - Payment
shall be made by the buyer without any deduction to the seller unless
the buyer has a valid court order requiring an amount equal to such
deduction to be paid by the seller to the buyer.
5. DESCRIPTION OF PRODUCT(S)
5.1 - The description and the quantity of the products shall be set out in the seller's order confirmation.
5.2
- We cannot guarantee that the appearance and/or colours of products
shown on this site exactly reproduce the appearance and/or colours of
the physical products themselves and that all measurements are
approximates.
6. DELIVERY
6.1 - We shall not be liable for
any direct, indirect or consequential loss, costs, damages, charges or
expenses caused directly or indirectly by any delay in the delivery of
goods whatsoever. We are not liable for any breakages or damages caused
whatsoever upon entering a buyers house, standard delivery is to the
front door so if wanting a 2 man or assembly service the buyer allows
the delivery men into their property entirely at their own risk.
6.2 -
Delivery will be by ourselves , specialist courier service or standard
couriers. A 1-man team will deliver your order and he will need
assistance on the other end for off loading heavier items. We deliver
Monday-Friday 8.00am-6.00pm. out of these times and Saturday delivery
can be arranged at an extra charge. If deliveries are made by an
external carrier these delivery times will be Monday - Friday between
the hours of 8am and 5.30pm and no time slot can be allocated. Dates and
times quoted for delivery are approximate only and will be specified
upon receipt of the order. To help you plan, approximately two days
prior to the agreed delivery day our carrier will contact you to confirm
the day and an estimated time window if possible.
6.3 - Where an
order contains more than one item, all items will be delivered at the
same time once all items are available. It is at our discretion to
deliver goods in stages if we are waiting for goods to come into stock.
6.4 - There is only one delivery charge per order. You can select your desired delivery service prior to checkout.
6.5
- Delivery is only available to UK mainland addresses. For deliveries
to Northern Ireland, Scottish islands, Isle of Man, Isle of Scilly,
Jersey & Guernsey we will deliver to a nominated mainland GB
address, e.g. a port. Onward shipping from that point is the
responsibility of the buyer.
6.6 - The products the buyer orders will
be delivered to the address specified in the order unless otherwise
agreed in writing by the buyer and us.
6.7 - Goods will be deemed to
have been delivered once delivered to the specified address as detailed
in clause 6.4 and the we will not be liable to you for non-delivery of
the goods. We do not need to satisfy ourselves that the person accepting
delivery at the specified address is the buyer (or authorised by the
buyer to accept delivery of the goods).
6.8 - If the buyer or any
authorised person is not present to receive the delivery by our carrier
on the agreed date, re-delivery may take place the next day and if not
in on the re-delivery we reserves the right to re-charge the buyer the
delivery cost up to a maximum of £49 to cover the cost of the failed
delivery.
6.9 - If the goods ordered by you are not available or
discontinued and if we are unable to deliver them to the you within 30
days (or any other time limit agreed by the parties) from the payment
date, we shall inform you and you are able to cancel the contract; and
we will reimburse you with any sums paid by you.
6.10 - Any liability
to you for the non-delivery of goods shall be limited to replacing the
goods within a reasonable time or issuing a credit note or refund.
6.11
- The quantity and content of any consignment dispatched is recorded by
us and shall be conclusive evidence of what you receive on delivery
unless you can provide conclusive evidence proving the contrary.
6.12
- All goods must be signed for, we accept no responsibility once goods
have been signed for at the requested address. We are unable to deliver
to unattended premises or outside customer addresses (unless otherwise
stated by the you and at your own risk).
6.13 - Deliveries will be
made by our own delivery service or external national carriers and will
all be delivered by a single person only and delivered up to your front
door (further delivery inside your premises will only be at the delivery
persons discretion). For very heavy items our delivery person will
require local assistance or you can select a two man delivery service
where your items can be carried into the front Door.
6.14 - Delivery
is normally 5 - 7 working days but for some out of stock items it can
take longer. You are always entitled to a full refund at any time prior
to delivery of your goods.
7. ACCEPTANCE OF PRODUCT(S)
7.1 - The buyer shall be deemed to have fully accepted the products immediatly after delivery to the specified address.
7.2 - After acceptance the buyer shall not be entitled to reject products which are not in accordance with the contract.
7.3
- Upon delivery and acceptance, if the product appears to be damaged in
any way, notification via written form has to be given to us within 2
days of product acceptance. Otherwise the product will be deemed to of
been damaged by the buyer and thus we are not liable and take no
responsibility whatsoever.
8. CANCELLATIONS & RETURNS
8.1
-The buyer has the right to return the goods within 7 days of delivery,
except where a product has been made to order and is without fault.
8.2
- The buyer may cancel the order prior to it being dispatched either by
written notice to us or by e-mail giving details of the products
ordered and reason for cancellation. A full refund less any charges will
be given within 7 days. Notification by phone is not sufficient.
8.3
- Once we have been notified of the return of the goods and have
received the goods back, we will refund or re-credit the buyer on the
origional card used for the purchase within 30 days for any sum that has
been paid by or debited from the buyer for the product upon the
products return to us.
8.4 - If we have delivered the products to the
buyer and the buyer wants to cancel the contract, as described in
clauses 8.1 & 8.2, the buyer must retain possession of the goods
until the returns/cancellation notice has been sent to us within the
relevant time limit. The products cannot be used and must be in the
exact condition as they were delivered, including packaging. The buyer
is ultimately responsible for returning the products to us at the buyers
own cost before a refund is issued. If we have to collect the goods for
return then the buyer will have to pay the original delivery charge.
The products must be returned to the Music Inn address in the
definitions section. If the products are returned in a different, used
or damaged state to that of when they were delivered then a full refund
will not be given. Alternatively, we will organise for the goods to be
collected on a mutually convenient date. In this case, the buyer will be
re-credited with a full refund minus the exact cost of collecting the
goods. Only upon acceptance by us of the returned goods will a refund
take place. If the buyer does not cancel the contract in accordance with
clauses 3.1 & 3.4, the buyer shall be deemed to have accepted the
goods (except for manufacturing faults) and will not be liable to return
the goods to us.
8.5 - We recommend that if returning goods to us,
you use a recorded-delivery service as we are not responsible for any
goods until they have been returned and received.
8.6 - Your rights to return goods are protected under the EU Distance Selling Directive.
8.7 - We reserve the right to cancel any contracts between you and us if we so desire and for whatever reason.
9. DATA PROTECTION & PRIVACY
9.1
- We are fully committed to protecting your privacy. We will only use
the information that we collect about you lawfully and in accordance to
the Data Protection Act 1998. We only collect information about you to
process your order. We will not e-mail you in the future unless you have
given us your consent.
9.2 - We do not disclose your information to
third parties other than when order details are processed as part of the
order fulfilment. In this case, the third party will not disclose any
of the details to any other third party.
9.3 - We will take all
reasonable precautions to keep the details of your order and payment
secure but unless we are negligent, we will not be liable for
unauthorised access to information supplied by the you.
10. SECURITY
10.1 - Your financial security is paramount to us, that is why we use PayPal.
10.2
- Using PayPal you can be confident that your card details are
processed securely and correctly through the world's most respected
online credit card payment gateways.
11. LIABILITY
11.1 -
Our total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise, arising
in connection with the performance or contemplated performance of this
agreement shall be limited to the price paid for the products.
11.2 -
Nothing in these terms and conditions limits or excludes the our
liability for death or personal injury caused by our negligence or
fraudulent misrepresentation, or any other liability which may not
otherwise be limited or excluded under applicable law.
11.3 - Along
side clause 2.1, we shall not be liable to the buyer for any indirect or
consequential losses or costs whatsoever, however caused which arise
out of or in connection with this agreement.
12. INTELLECTUAL PROPERTY
12.1
- Copyright material appears on this website which is our property or
the property of our content and technology providers or their respective
owners. We do not give permission for you to re-publish, alter,
transmit or otherwise copy any material on this website, but you may
download information form this website for your personal use. No
copying, re-distribution, publication or commercial exploitation will be
permitted without our permission and that of the copyright owner.
13. LAW OF CONTRACT
13.1
- This contract shall be governed by the law of England and Wales and
any dispute, question or remedy howsoever arising determined exclusively
by the Court of England and Wales.
If you have any questions regarding any aspect of our terms and conditions please email us
If
you do not agree with our terms and conditions, please call us to
discuss before any orders are placed, by placing an order with us you
are agreeing to our terms and conditions.