Terms & Conditions (for Consumers)
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1. Introduction
1.1 Please read these terms and conditions carefully before using the service operated by Warwick Music Ltd (‘Warwick Music’, ‘our’, ‘we’ or ‘us’) of The Hayloft, Rock Farm Business Centre, Tamworth, B79 0LA, United Kingdom company number 4371344 and VAT registered number GB-781 7449 92. In particular, we draw your attention to clause 9 (Liability). By ordering you indicate you have read and you agree to be legally bound by these terms and conditions.
2. Nature of our service
2.1 Our service allows you to select and order music related items which you might consider are appropriate for you and ancillary products (the ‘Products’). Our website describes the Products in more detail.
2.2 Please note that our service is available only to individuals that can form legally binding contracts under applicable law. The contents of our website are suitable for and thus aimed at users of over 18 years of age, you must be over 18 years to purchase the Products, using the payment method displayed on our website.
2.3 If viewing or ordering from us is illegal in the country in which you are doing so, you are not authorised to do so.
3. Buying products
3.1 To order a product you will need to follow the ordering procedures set out on our website or elsewhere. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website.
3.2 Any times or dates stated for delivery are estimates only, given the distances, security and varying customs rules that may be involved. Warwick Music will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.
3.3 You must pay by credit or debit card (or as shown on the Order page) at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Products correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.4 Warwick Music is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic or other convenient means (?Confirmation?) to the e-mail or other address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
3.5 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4. Cancellations, Satisfaction and Returns
4.1 Cancellations. You may cancel the order at any time before shipping has commenced (this date varies with destination) but only by contacting us on (024) 7671 2081 (International: +44 24 7671 2081). We will refund the money paid to us less an admin charge (which covers amongst other things our payment to the credit card companies) of £15 or 2% of the total price paid to us whichever is the higher.
4.2 Not satisfied. If you are not fully satisfied with any goods, please e-mail us at sales@warwickmusic.com
4.3 Faulty goods. If the goods are faulty (or not what you ordered) we will be happy to issue you with a returns number and thus a refund.
4.4 Return of goods that are not faulty. We regret we cannot accept the return of any used, personalised or unwrapped software. But other goods if in original packaging and fit for re-sale may be returned and you have the right to do so within 7 days of delivery to you for a full refund by giving us notice in the way set out in 4.2
4.5 All returns must be made at your cost within 7 days of receiving your order. Once we have received and checked the goods we will offer you an exchange or offer a refund to your credit card within 14 days.
5. Modifications to product descriptions
5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our service or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.
5.2 Please note that although we try to ensure that the content of our promotional material is accurate, it may contain typographical errors or other inaccuracies.
6. Information you provide to us
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). These Partner Companies may (but at the date of writing these terms are not) be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should e-mail us at sales@warwickmusic.com
If you obtain or choose to buy Products then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ?the Purposes?). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at sales@warwickmusic.com
6.3 You warrant and undertake that you will not use our service for any purpose that is illegal or is prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use our service terminates immediately without the necessity of any notice being given to you. We retain the right to deny service to any person who fails to comply with these terms and conditions.
7. Legality outside the UK
7.1 Warwick Music makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Warwick Music accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
8. Copyright and monitoring
The contents of our materials are protected by international copyright laws and other intellectual property rights. The owner of these rights is Warwick Music, its affiliates or other third party licensors. All product and company names and logos mentioned are the trademarks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information including but not limited to text, graphics, photos without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
9. Liability
9.1 We promise that for any Product you purchase from us:
we have the right to sell the Product to you;
the Product will correspond with the description we have given to you;
the Product will be of satisfactory quality
Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any service we provide to you will be provided with reasonable skill and care. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), or any information or service provided through us. We will do our best to ensure that all materials and information published are accurate, but please note that all content, materials and information are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of all information contained within it.
9.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable and we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Warwick Music or our servants, agents or any other person or entity.
9.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
9.4 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
10. General
10.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
10.2 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and Warwick Music Limited. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
10.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
10.4 These terms and conditions and your use of our service are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
10.5 Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
10.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
10.7 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
11. Notices
11.1 All notices shall be given:
to us via e-mail at sales@warwickmusic.com unless otherwise set out above or
to you at either the e-mail or postal address you provide during any ordering process.
Notice to us will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or to you by mail 3 days after the date of posting.
12. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the sale of the Products.
