standard TERMS AND CONDITIONS for the sale of goods
These Terms and Conditions are the standard terms for the sale of goods by Myluthier Ltd a Limited Company registered in England under number 10269094 whose registered address is 71-75 Shelton Street, London, England, WC2H 9JQ.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means, any day other than a Saturday, Sunday or bank holiday;
means any day of the year;
means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
means the contract for the purchase and sale of Goods, as explained in Clause 3;
means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Detailed invoice);
means a calendar month;
means the price payable for the Goods;
means a special offer price payable for Goods which We may offer from time to time;
means your order for the Goods as attached;
means Our acceptance and confirmation of your Order as described in Clause 3;
means Myluthier Ltd a Limited company registered in England under number 10269094, whose registered address is 71-75 Shelton Street, London, England, WC2H 9JQ.
1.2 Each reference inthese Terms and Conditions to “writing” and any similar expression includeselectronic communications whether sent by e-mail, [text message,] fax or othermeans.
2. Information About Us
2.1 Myluthier Ltd is a Limited Company registered inEngland under number 10269094, whose registered address is 71-75 SheltonStreet, London, England, WC2H 9JQ.
2.2 We sellcontemporary string instruments.
3. The Contract
3.1 These Terms andConditions govern the sale of goods by Us and will form the basis of theContract between Us and you. Before makingyour Order, please ensure that you have read these Terms and Conditionscarefully. If you are unsure about anypart of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Usincluding, but not limited to, sales and marketing literature, price lists andother documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offerthat We may, at Our discretion, accept.
3.3 A legally bindingcontract between Us and you will be created upon Our acceptance of your Order,indicated by Our Detailed invoice. Detailedinvoices will be provided in writing.
3.4 We shall ensure thatthe following information is given or made available to you prior to theformation of the Contract between Us and you, save for where such informationis already apparent from the context of the transaction:
3.4.1 The maincharacteristics of the Goods;
3.4.2 Ouridentity (set out above in Clause 2) and contact details (set out below inClause 12);
3.4.3 The totalPrice for the Goods including taxes or, if the nature of the Goods is such thatthe Price cannot be calculated in advance, the manner in which it will becalculated;
3.4.4 Whereapplicable, all additional delivery charges or, where such charges cannot becalculated in advance, the manner in which they will be calculated;
3.4.5 Whereapplicable, the arrangements for payment, delivery and the time by which Weundertake to deliver the Goods;
3.4.6 Ourcomplaints handling policy;
3.4.7 We shallensure that you are aware of Our legal duty to supply goods that are inconformity with the Contract;
3.4.8 Whereapplicable, details of after-sales services and commercial guarantees;
3.4.9 Whereapplicable, the functionality, including appropriate technical protectionmeasures, of digital content; and
3.4.10 Whereapplicable, any relevant compatibility of digital content with hardware andsoftware that We are aware of or might reasonably be expected to be aware of.
4. Description andSpecification of Goods
4.1 We have made everyreasonable effort to ensure that the Goods conform to illustrations,photographs and descriptions provided in Our sales and marketing literature anddescriptions provided by Our salespeople. Additionally you have trialled the goods and accept you have had everyopportunity to confirm that the goods meet your purpose.
4.2 If you receive anyGoods that do not conform to the Contract, please refer to Clause 8.
4.3 If We find, or aremade aware of, any typographical, clerical or other accidental errors oromissions in any sales and marketing literature, price lists or any otherdocuments We will make every reasonable effort to correct such errors oromissions as soon as is reasonably possible. If, as a result of any such error or omission,you have received the wrong Goods, you may return those Goods to Us as providedin Clause 8. If, as a result of any sucherror or omission, you have paid too much, We will refund the excess paid forthe Goods.
4.4 We reserve the right tomake any changes in the specification of the Goods that may be required toconform to any applicable safety or other legal or regulatory requirementswithout notice.
5.1 All Orders for Goodsmade by you will be subject to these Terms and Conditions.
5.2 You may change yourOrder at any time before We despatch the Goods by contacting Us.
5.3 If your Order ischanged We will inform you of any change to the Price in writing.
5.4 We may cancel yourOrder at any time before We despatch the Goods in the following circumstances:
5.4.1 The Goodsare no longer in stock and We are unable to re-stock (if, for example, theGoods are discontinued); or
5.4.2 An eventoutside of Our control continues for more than 8 weeks(please see Clause 11 for events outside of Our control).
5.5 If We cancel yourOrder under sub-Clause 5.4 and you have already paid for the Goods under Clause6, the payment will be refunded to you within thirty days. If We cancel your Order, the cancellationwill be confirmed by Us in writing.
6. Price and Payment
6.1 The Price of the Goodswill be that shown in Our price list in force at the time of your Order. If the Price shown in your Order differs fromOur current Price We will inform you upon receipt of your Order.
6.2 If We quote a SpecialPrice which is different to the Price shown in Our current price list, theSpecial Price will be valid for ten days or, if the Special Price is part of anadvertised special offer, for the period shown in the advertisement. Orders placed during this period will beaccepted at the Special Price even if We do not accept the Order until afterthe period has expired.
6.3 Our Prices may changeat any time but these changes will not affect any Orders that We have already accepted.
6.4 We have made everyreasonable effort to ensure that Our Prices, as shown in Our current price listare correct. Prices will be checked whenWe process your Order. If the actualPrice of the Goods is lower than that stated in your Order, you will be chargedthe lower Price. If the actual Price ofthe Goods is higher than that stated in your Order, We will ask you how youwish to proceed.
6.5 If our registrationstatus of VAT changes between the date of your Order and the date of yourpayment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Priceswhere We have already received payment in full from you.
6.6 Our Prices exclude thecost of delivery. If required Delivery costs may be added on to thefinal sum due.
6.7 All payments for Goodsmust be made in advance before We can despatch the Goods to you.
6.8 We accept thefollowing methods of payment:
6.8.2 Creditor debit card.
6.9 Credit and/or debitcards will not be charged until We despatch the Goods to you.
6.10 If you do not makepayment to Us by the due date as shown on invoice We may charge you interest onthe overdue sum at the rate of 4% per annum above the base lending rate of TheBank of England from time to time. Interest will accrue on a daily basis from the due date for paymentuntil the actual date of payment of the overdue sum, whether before or afterjudgment. You must pay any interest duewhen paying an overdue sum.
6.11 The provisions of sub-Clause6.10 will not apply if you have promptly contacted Us to dispute an invoice ingood faith. No interest will accruewhile such a dispute is on-going.
7.1 Please note thatdelivery is sometimes possible. If you agree to collect the goods in person& sign this contract then Delivery will be deemed to have taken place.
7.2 The responsibility(sometimes referred to as the “risk”) for the Goods remains with Us untildelivery is complete as defined in sub-Clause 7.4 at which point it will passto you. Please note, however, that ifyou do not wish to collect the Goods and do not wish to use Our nominated carrierto deliver them, instead choosing your own carrier, the risk in the Goods willpass to you as soon as they are passed to your chosen carrier.
7.3 You own the Goods onceWe have received payment in full for them.
8. Faulty, Damaged orIncorrect Goods
8.1 By law, We mustprovide goods that are of satisfactory quality, fit for purpose, as describedat the time of purchase, in accordance with any pre-contract information Wehave provided, and that match any samples or models that you have seen orexamined (unless We have made you aware of any differences). If any digital content is included in theGoods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, havefaults or are damaged when you receive them, or if you receive incorrect Goods,please contact Us as soon as reasonably possible to inform Us of the fault,damage or error, and to arrange for a refund, repair or replacement.
8.2 If you request a repair or replacement duringthe first thirty Calendar Day period, that period will be suspended while Wecarry out the repair or replacement and will resume on the day that you receivethe replacement or repaired Goods. If less than 7 Calendar Days remain out ofthe original period, it will be extended to 7 Calendar Days.
8.3 Please note that youwill not be eligible to claim under this Clause 8 if We informed you of anyfaults, damage or other problems with the Goods before your purchase of them;if you have purchased the Goods for an unsuitable purpose that is neitherobvious nor made known to Us and the problem has resulted from your use of theGoods for that purpose; or if the problem is the result of normal wear andtear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change yourmind.
9. Returning Goods If YouChange Your Mind
9.1 As you have trialledthe goods you have waived your right to return them in exchange for a refund.
10. Our Liability
10.1 We only be responsiblefor any foreseeable loss or damage that you may suffer as a result of Our breachof these Terms and Conditions or as a result of Our negligence (includingthat of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is anobvious consequence of Our breach or negligence or if it is contemplated by youand Us when the Contract is created. Wewill not be responsible for any loss or damage that is not foreseeable.
10.2 Nothing in these Termsand Conditions seeks to exclude or limit Our liability for death or personalinjury caused by Our negligence (including that of Our employees, agents orsub-contractors); or for fraud or fraudulent misrepresentation.
11. Events Outside of OurControl (Force Majeure)
11.1 We will not be liablefor any failure or delay in performing Our obligations where that failure ordelay results from any cause that is beyond Our reasonable control. Such causes include, but are notlimited to: power failure, internet service provider failure, strikes,lock-outs or other industrial action by third parties, riots and other civilunrest, fire, explosion, flood, storms, earthquakes, subsidence, acts ofterrorism (threatened or actual), acts of war (declared, undeclared,threatened, actual or preparations for war), epidemic or other naturaldisaster, or any other event that is beyond Our reasonable control.
12. Communication andContact Details
12.1 If you wish to contactUs, you may do so by email at email@example.com.
13. Complaints andFeedback
13.1 We always welcomefeedback and, whilst We always use all reasonable endeavours to ensure thatyour experience as a customer of Ours is a positive one, We nevertheless wantto hear from you if you have any cause for complaint.
14. How We Use YourPersonal Information (Data Protection)
14.1 All personal information that We may use will becollected, processed, and held in accordance with the provisions of EURegulation 2016/679 General Data Protection Regulation (“GDPR”) and your rightsunder the GDPR.
14.2 For complete details of Our collection, processing,storage, and retention of personal data including, but not limited to, thepurpose(s) for which personal data is used, the legal basis or bases for usingit, details of your rights and how to exercise them, and personal data sharing(where applicable), please refer to Our Privacy Notice available from ourwebsite.
15. Other Important Terms
15.1 We may transfer(assign) Our obligations and rights under these Terms and Conditions to a thirdparty (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us inwriting. Your rights under these Termsand Conditions will not be affected and Our obligations under these Terms willbe transferred to the third party who will remain bound by them.
15.2 You may not transfer(assign) your [other] obligations and rights under theseTerms and Conditions (and under the Contract, as applicable) without Ourexpress written permission. Please note, however, that you can transferthe benefit of the extended return period (guarantee) in Clause 9 without ourconsent.
15.3 The Contract isbetween you and Us. It is not intendedto benefit any other person or third party in any way and no such person orparty will be entitled to enforce any provision of these Terms and Conditions (exceptthe benefit of the extended return period (guarantee) in Clause 9).
15.4 If any of theprovisions of these Terms and Conditions are found to be unlawful, invalid orotherwise unenforceable by any court or other authority, that / thoseprovision(s) shall be deemed severed from the remainder of these Terms andConditions. The remainder of these Termsand Conditions shall be valid and enforceable.
15.5 No failure or delay byUs in exercising any of Our rights under these Terms and Conditions means thatWe have waived that right, and no waiver by Us of a breach of any provision of theseTerms and Conditions means that We will waive any subsequent breach of the sameor any other provision.
16. Governing Law andJurisdiction
16.1 These Terms andConditions, the Contract, and the relationship between you and Us (whethercontractual or otherwise) shall be governed by, and construed in accordancewith the law of England & Wales.
16.2 As a consumer, youwill benefit from any mandatory provisions of the law in your country ofresidence. Nothing in Sub-Clause 16.1 above takes away or reduces your rightsas a consumer to rely on those provisions.
16.3 Any dispute,controversy, proceedings or claim between you and Us relating to these Termsand Conditions, the Contract, or the relationship between you and Us (whethercontractual or otherwise) shall be subject to the jurisdiction of the courts ofEngland, Wales, Scotland, or Northern Ireland, as determined by your residency.