Terms and Conditions
Terms & Conditions
Terms and conditions of sale
An order for goods placed by you, the buyer through our websites shall be subject to these terms and conditions
All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Nothing in these terms and conditions shall affect the statutory rights of any consumer
All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions
You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly
No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone
We are entitled to refuse any order placed by you and will not be required to provide an explanation
The goods may differ slightly from the images shown
We reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you, the buyer, shall be entitled to return the goods for a full refund within 7 working days from the date of delivery, should the substituted product not be acceptable to you.
Price and Payment
The price of the goods will be the price quoted on the website at the date the order is received and will include VAT in the United Kingdom unless specified otherwise
We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery
When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form
By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided on the order form
Title to the goods will pass to you, the buyer, on payment in full of the price of the goods
For orders made from 28/02/2006 your credit/debit card payment will not be processed until the products you purchased have been readied for dispatch. You will receive notification at that time of the delivery of your purchased goods.
We will issue you with an electronic receipt to your email address once the goods have been dispatched
You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods
LIMITATION OF LIABILITY
We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
· Act of God, explosion, flood, tempest, fire or accident;
· War or threat of war, sabotage, civil disturbance or requisition;
· Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
· Import or export regulations or embargoes;
· · Strikes, lock outs or other industrial actions or trade disputes;
· Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
· Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods
Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
The copyright in the material contained in this website and any trademarks and brands included in that material belongs to Listers Guitars LTD or its licensors
You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited
We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods
We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability
We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected
English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
The headings in this Agreement are for convenience only and will not affect their interpretation
Queries and Complaints
We aim to respond to e-mail, faxed and written queries within 24hrs.
In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
• Much of the UK’s WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health.
• Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
Music Street is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
For example, if a customer bought a new electric guitar from us we would accept their old electric guitar and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below:
Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled