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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER
AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1.
Format of the Contract
1.1
These terms of sale apply to all goods supplied by Music 2000, whose
registered office is at 11, Broad Lane, Bradmore, Wolverhampton
WV3 9BN in England (the "Supplier").
1.2 No contract exists between you and
the Supplier for the sale of any goods until the Supplier has received
and accepted your order and the Supplier has received payment in
full (in cleared funds). Once the Supplier does so, there is a binding
legal contract between us.
1.3 By way of clarification, an acknowledgement
of your order will be sent to you via e-mail when you place your
order, but acceptance of your offer to buy the goods will not take
place until after your payment is taken and you receive your acceptance
e-mail. It is at this point that a binding legal contract is created
and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your
right of cancellation (see below).
1.5 The Supplier may change these terms
of sale without notice to you in relation to future sales.
2.
Description and price of the goods
2.1
The description and price of the goods you order will be as shown
on the Supplier's website at the time you place your order.
2.2 The goods are subject to availability.
If on receipt of your order the goods you have ordered are not available
in stock, the Supplier will inform you as soon as possible and refund
or re-credit you for any sum that has been paid by you or debited
from your credit card for the goods.
2.3 Every effort is made to ensure that
prices shown on the Supplier's website are accurate at the time
you place your order. If an error is found, the Supplier will inform
you as soon as possible and offer you the option of reconfirming
your order at the correct price, or cancelling your order. If the
Supplier does not receive an order confirmation within 14 days of
informing you of the error, the order will be cancelled automatically.
If you cancel, the Supplier will refund or re-credit you for any
sum that has been paid by you or debited from your credit card for
the goods.
2.4 In addition to the price, you may
be required to pay a delivery charge for the goods.
3.
Payment
3.1
Payment for the goods and delivery charges can be made by any method
shown on the Supplier's website at the time you place your order.
Payment shall be due before the delivery date and time for payment
shall be of the essence.
3.2 There will be no delivery until
cleared funds are received.
3.3 Payments shall be made by you without
any deduction whether by way of set-off, counterclaim, discount,
abatement or otherwise unless you have a valid court order requiring
an amount equal to such deduction to be paid by the Supplier to
you.
4.
Delivery
4.1
The goods you order will be delivered to the address you give when
you place your order, except that deliveries are not made outside
the United Kingdom.
4.2 Orders placed before 3:00 pm on
a working day will be processed that day and will be delivered as
per the requested delivery option provided no additional security
checks are required and all stock items are available. (A working
day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your
address for reasons under the Supplier's control the Supplier will
inform you as soon as possible and refund or re-credit you for any
sum that has been paid by you or debited from your credit card for
delivery.
4.4 If you deliberately fail to take
delivery of the goods (otherwise than by reason of circumstances
under control of the Supplier) then without prejudice to any other
right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery
and charge you for reasonable costs (including insurance) of storage;
or
4.4.2 sell the goods at the best readily
obtainable price and (after deducting all reasonable storage and
selling expenses) account to you for any excess over the price you
agreed to pay for the goods or charge you for any shortfall below
the price you agreed to pay for the goods.
4.5 If you fail to take delivery because
you have cancelled your contract under the Distance Selling Regulations
the Supplier shall refund or re-credit you within 30 days for any
sum that has been paid by you or debited from your credit card for
the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver
the goods as soon as possible after your order has been accepted.
However, the Supplier will not be liable for any loss or damage
suffered by you through reasonable or unavoidable delay in delivery.
In this case, the Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of
the essence. The goods may be delivered by the Supplier in advance
of the quoted delivery date.
4.8 Upon receipt of your order you will
be asked to sign for the goods received in good condition. If you
are unable to check the contents of the package at that moment in
time please sign for the parcel as "UNCHECKED". Failure
to do so may affect any warranty claims that you make thereafter.
4.9 Delivery Charges are as follows:
Items Up to and including £400 - �9.99
Items Over £400 - �14.99
.
4.10 We offer a 2-3 day delivery service or may even give a verbal
instruction to any special orders. Therefore, please note that these
delivery dates are approximate and, MUSIC 2OOO will not held responsible
for any delays caused by our external courier service. We also cannot
be held liable for loss or any inconvenience caused as a result
of delayed or non delivery. All goods remain the property of MUSIC
2OOO until paid for in full. Items can be returned within 7 days
of purchase if boxed, un-opened, unused, and in perfect condition,
whereby a refund will be given less the cost of carriage and handling.
5
Risk/Title
5.1
The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not
pass to you until the Supplier has received in full (in cash or
cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which
become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to
recover payment for the goods notwithstanding that ownership of
any of the goods has not passed from the Supplier.
6.
Title for Business Customers
6.1
If you are a business customer until ownership of the goods has
passed to you, you must:
6.1.1 store the goods (at no cost to
the Supplier) separately from all your other goods and goods of
any third party in such a way that they remain readily identifiable
as the Supplier's property;
6.1.2 not destroy, deface or obscure
any identifying mark or packaging on or relating to the goods; maintain
the goods in satisfactory condition and keep them insured on the
Supplier's behalf for their full price against all risks to the
reasonable satisfaction of the Supplier. On request you shall produce
the policy of insurance to the Supplier; and condition and keep
them insured on the Supplier's behalf for their full price against
all risks to the reasonable satisfaction of the Supplier. On request
you shall produce the policy of insurance to the Supplier;
and
6.1.3 hold the proceeds of the insurance
referred to in condition 6.1.2 on trust for the Supplier and not
mix them with any other money, nor pay the proceeds into an overdrawn
bank account.
6.2 If you are a business customer your
right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made
against you or make an arrangement or composition with your creditors,
or otherwise take the benefit of any statutory provision for the
time being in force for the relief of insolvent debtors, or (being
a body corporate) convene a meeting of creditors (whether formal
or informal), or enter into liquidation (whether voluntary or compulsory)
except a solvent voluntary liquidation for the purpose only of reconstruction
or amalgamation, or have a receiver and/or manager, administrator
or administrative receiver appointed of its undertaking or any part
thereof, or a resolution is passed or a petition presented to any
court for your winding up or for the granting of an administration
order in respect of you, or any proceedings are commenced relating
to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution,
whether legal or equitable, to be levied on your property or obtained
against you or you are unable to pay your debts within the meaning
of section 123 of the Insolvency Act 1986 or you cease to trade;
or
6.2.3 you encumber or in any way charge
any of the goods.
7.
Your right of cancellation
7.1
You have the right to cancel the contract at any time up to the
end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation,
you must give written notice to the Supplier by letter, fax or e-mail,
at the fax number or e-mail address shown below, giving details
of the goods ordered and (where appropriate) their delivery. Notification
by phone is not sufficient.
7.3 If you exercise your right of cancellation
after the goods have been delivered to you, you will be responsible
for returning the goods to the Supplier at your own cost. The goods
must be returned to the address shown below. You must take reasonable
care to ensure the goods are not damaged in the meantime or in transit.
7.4 Once you have notified the Supplier
that you are cancelling the contract, the Supplier will refund or
re-credit you within 30 days for any sum that has been paid by you
or debited from your credit card for the goods.
7.5 If you do not return the goods as
required, the Supplier may charge you a sum not exceeding the direct
costs of recovering the goods.
7.6 You do not have the right to cancel
the contract if the order is for consumable goods which, by their
nature, cannot be returned.
8.
Warranty
8.1
All goods supplied by the Supplier are warranted free from defects
for 12 months from the date of supply (unless otherwise stated).
This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to
any defect in the goods arising from fair wear and tear, wilful
damage, accident, negligence by you or any third party, use otherwise
than as recommended by the Supplier, failure to follow the Supplier's
instructions, or any alteration or repair carried out without the
Supplier's approval.
8.3 If the goods supplied to you are
damaged on delivery, you should notify the Supplier in writing via
the e-mail address or fax number shown below within 7 days.
8.4 If the goods supplied to you develop
a defect while under warranty or you have any other complaint about
the goods, you should notify the Supplier in writing via the e-mail
address or fax number shown below, as soon as possible, but in any
event within 7 days of the date you discovered or ought to have
discovered the damage, defect or complaint.
9.
Limitation of Liability
9.1
the Supplier's 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 goods.
9.2 Nothing in these conditions excludes
or limits the liability of the Supplier for death or personal injury
caused by the Supplier's negligence or fraudulent misrepresentation.
9.3 If you are a business customer the
Supplier shall not be liable to you for any indirect or consequential
loss or damage (whether for loss of profit, loss of business, depletion
of goodwill or otherwise), costs, expenses or other claims for consequential
compensation whatsoever (howsoever caused) which arise out of or
in connection with this agreement.
10.
Data Protection
The
Supplier will take all reasonable precautions to keep the details
of your order and payment secure but unless the Supplier is negligent,
the Supplier will not be liable for unauthorised access to information
supplied by you.
11.
Applicable Law
These terms of sale and the supply of the
goods will be subject to English law and the English courts will
have jurisdiction in respect of any dispute arising from the contract.
Email:
enquiries@music-keyboards.co.uk
Tel:
01902 345999 Fax:
01902 563504
Address: 8
Barn Green, Birches Barn, Wolverhampton, WV3 7AY
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