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standard TERMS AND CONDITIONS for the sale of goods
BACKGROUND:
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:
“Business Day”
means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day”
means any day of the year;
“Commercial Unit”
means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
“Contract”
means the contract for the purchase and sale of Goods, as explained in Clause 3;
“Goods”
means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Detailed invoice);
“Month”
means a calendar month;
“Price”
means the price payable for the Goods;
“Special Price”
means a special offer price payable for Goods which We may offer from time to time;
“Order”
means your order for the Goods as attached;
“Detailed invoice”
means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our”
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 in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.
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 sell contemporary string instruments.
3. The Contract
3.1 These Terms andConditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Detailed invoice. Detailed invoices will be provided in writing.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Goods;
3.4.2 Our identity (set out above in Clause 2) and contact details (set out below in Clause 12);
3.4.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
3.4.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
3.4.6 Our complaints handling policy;
3.4.7 We shall ensure that you are aware of Our legal duty to supply goods that are inconformity with the Contract;
3.4.8 Where applicable, details of after-sales services and commercial guarantees;
3.4.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
3.4.10 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
4. Description andSpecification of Goods
4.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople. Additionally you have trialled the goods and accept you have had every opportunity 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 are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions 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 provided in Clause 8. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
4.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
5. Orders
5.1 All Orders for Goods made 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 is changed 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 Goods are no longer in stock and We are unable to re-stock (if, for example, theGoods are discontinued); or
5.4.2 An event outside 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 cancellation will be confirmed by Us in writing.
6. Price and Payment
6.1 The Price of the Goods will 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 an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
6.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
6.4 We have made every reasonable effort to ensure that Our Prices, as shown in Our current price list are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price. If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
6.5 If our registration status of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
6.6 Our Prices exclude the cost of delivery. If required Delivery costs may be added on to the final sum due.
6.7 All payments for Goods must be made in advance before We can despatch the Goods to you.
6.8 We accept the following methods of payment:
6.8.1 Bank transfer;
6.8.2 Creditor debit card.
6.9 Credit and/or debit cards will not be charged until We despatch the Goods to you.
6.10 If you do not make payment to Us by the due date as shown on invoice We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of The Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
6.11 The provisions of sub-Clause 6.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is on-going.
6.12 Deposits. Buyer acknowledges that Deposits are non-refundable in all circumstances, including but not limited to if Buyer decides s/he does not want or is no longer able to purchase the Goods.
Upon receipt of the Deposit, We agree to hold the Goods in reserve until payment has been made in full.
7. Delivery
7.1 Please note that delivery 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 until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you. Please note, however, that if you do not wish to collect the Goods and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.
7.3 You own the Goods once We have received payment in full for them.
8. Faulty, Damaged orIncorrect Goods
8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (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, have faults 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 during the first thirty Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.
8.3 Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious 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 and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change your mind.
9. Returning Goods If You Change Your Mind
9.1 We offer a 7 day refund guarantee on all online orders. This will be counted from the date of delivery. Any return shipping costs or applicable duties will be deducted the refund amount. Refunds will be processed within 30 days of receipt of returned Goods.
9.2 If you have trialled the goods, you have waived your right to return them in exchange for a refund.
10. Our Liability
10.1 We only be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, 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 ariel.lang@myluthier.co.
13. Complaints andFeedback
13.1 We always welcome feedback and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to 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 be collected, processed, and held in accordance with the provisions of EURegulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing(where applicable), please refer to Our Privacy Notice available from our website.
15. Other Important Terms
15.1 We may transfer(assign) Our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be 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 Our express written permission. Please note, however, that you can transfer the benefit of the extended return period (guarantee) in Clause 9 without our consent.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions (except t he benefit of the extended return period (guarantee) in Clause 9).
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms andConditions. The remainder of these Terms and 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 same or any other provision.
16. Governing Law and Jurisdiction
16.1 These Terms andConditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts ofEngland, Wales, Scotland, or Northern Ireland, as determined by your residency.
17. Trade in terms
Any customer who purchased an eligible MyLuthier collection instrument can be credited its full value towards the purchase of another MyLuthier Collection instrument in the future.
17.1 Full value exclusive of VAT, duties or shipping costs.
17.2 Subject to a condition assessment (Goods must be in original condition, barring any reasonable wear & tear)
17.3 Applies to Goods of the same category (e.g. aViolin can only be swapped for another Violin)
17.4 Any repair work required will be deducted from the value of the Goods.
17.5 Substantial damage or modifications which affects the value of the Goods will be deducted. We hold the right to refuse the trade in such circumstances.
17.6 Work done such as new bridge, soundpost ect. will be assessed in order to ensure it meets our highest standards. If it does not, refurbishing costs will be charged before trade in is allowed. It is best to contact us first if you would like to get some work done on your instrument.
17.7 A reconditioning fee will be charged to cover an assessment, new set of strings, setup and minor repairs
17.8 Customer agrees to pay any difference in value plus applicable taxes
17.9 Cash refunds are not permitted
17.10 Only one item can be traded in at a time
17.11 We reserve the right to enforce an up to 2 year waiting period before the customer is able to trade in
17.12 Trade ins are limited to once per year, per item.
17.13 Trade ins are only applicable to MyLuthier Collection instruments
17.14 Trade ins cannot be redeemed in conjunction with any other offers or discounts
17.15 In the event of a trade in for an instrument of lesser value, We will not be able to cover the difference, either in store credit or cash refund.
17.16 Only available to the original purchaser of theGoods mentioned in The Contract