Terms & conditions of supply
This page informs you of the terms and conditions on which we supply all of the items (hereinafter called ‘the Products’) listed for sale by us on the website www.themusiclocker.co.uk (hereinafter referred to as ‘the Site’) to you.
Please read these terms and conditions carefully before ordering any Products from the site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By clicking on the button marked “I Accept” before you place your order, you have accepted these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the site.
INFORMATION ABOUT US
When you place an order on the site, emails will be sent to you acknowledging your order and then advising you when the product has been despatched. The footer of our emails will contain the company name, registered office, and VAT number.
The site is intended for use worldwide, however, we will only ship to the countries listed in the Shipping section of our website; if you are unsure please contact us to further discuss your shipping requirements prior to placing your order.
By placing an order through the site, you warrant that:
• You are legally capable of entering into binding contracts; and
• You are at least 18 years old.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from The Music Locker acknowledging receipt of your order. All orders placed are subject to acceptance by us and are subject to availability of the Product.
You will receive confirmation of acceptance of your order by The Music Locker. Once the order is confirmed and payment received, we will prepare the Product for dispatch and ship accordingly to the address stated on the original order form. You will then receive an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (‘the Contract’) will only be formed when you are sent the Dispatch Confirmation.
The Contract will relate only to those Products supplied by us whose dispatch has been confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order and placed on the site, until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. We are not liable for the supply of products ordered from any other third party.
We will keep a copy of the contract formed between us.
We will take payment for your order when your order is placed. However, if any Product should become unavailable for any reason, we will refund your payment within 7 working days.
At our sole discretion, we may accept a deposit to hold products for a maximum period of 14 days, thereafter if the balance is not paid, we reserve the right to put the Products back on sale and your deposit will be forfeited.
If you are contracting as a consumer, you may change your mind and cancel a Contract for one or more Products at any time within fourteen working days, beginning on the day you received the Products. In this case, you will receive a refund of the price paid for the Products in accordance with our refunds policy set out below. If you have paid a delivery charge this will also be subject to our returns policy unless the delivery charge also included delivery of other Products which you are not cancelling.
To cancel a Contract, you must inform us in writing by contacting us at our business address or business e-mail address. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Your rights as a consumer under this clause are in addition to any other rights you may have for example if a Product is defective.
AVAILABILITY AND DELIVERY
We will use our reasonable endeavours to fulfil your order within 3-5 working days or by the delivery date set out in the order acknowledgement or, if no delivery date is specified, then within 7 working days of the date of the order acknowledgement, unless there are exceptional circumstances, in which you will be notified accordingly.
RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, and the Products have been dispatched to you as set out in the Dispatch Confirmation.
PRICE AND PAYMENT
The price of any Products will be as quoted on the Site. These prices include VAT but exclude delivery costs, which will be added to the total amount due as notified to you before you place your order. If you’re not located within Europe, you may be eligible to pay import duty or tax, of which The Music Locker cannot be held responsible.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation email.
Payment for all Products must be by one of our accepted methods. We accept payment via PayPal, bank transfer or cash. Your PayPal account will be charged when we receive your order.
The Music Locker prides itself on offering vintage and collectable pre-owned instruments and equipment (the Products). We take all reasonable steps to ensure the equipment has been inspected by a competent person in the UK to ensure it complies with UK safety standards. This may mean it does not comply with the current standards in the country in which it will be subsequently used. It is the purchasers’ responsibility to ensure it is inspected by a competent person knowledgeable with the relevant electrical safety standards within that country, prior to connecting to any live electrical circuit. It is the philosophy of The Music Locker to keep all items as original as possible, only changing original components when absolutely necessary. This includes valves, capacitors, transformers, potentiometers, frets, etc. This gives the buyer the option of tailoring to their exact needs, and may mean that the item is not operating at optimum performance levels. Therefore, your personal preference may differ, depending on your circumstances (i.e. collector or musician), and you may decide to service the item in more depth upon receiving. The Music Locker cannot accept responsibility for any costs of refurbishment to a standard different to the one advertised.
Due to the age and nature of vintage second hand equipment, The Music Locker cannot offer any warranties on the Products it supplies, other than the statutory 14 day cooling off period as detailed in the section ‘Consumer Rights’.
OUR REFUNDS POLICY
• If you decide to change your mind within the fourteen day cooling-off period in accordance with the distance selling regulations, we will process the refund due to you as soon as we receive the Product and it is found to be in the condition in which it was dispatched. In this case, we will refund the price of the Product in full, including the cost of dispatching the Product. However, you will be responsible for the cost of returning the item to us.
• If you change your mind outside of the fourteen day cooling off period and the Product is not in any way defective, then solely at our discretion, we will accept the Product return subject to a re-stocking charge of 10% of the product sale and delivery price. The purchaser pays full return postage plus the restocking fee upon satisfactory return of the item.
• If you claim that the Product is defective, we will examine the returned Product to confirm the defect identified by you. If we acknowledge the Product defect, we will then contact you to discuss the next steps and agree a course of remedy. If a refund is applicable we will notify you of your refund via e-mail within a period of 14 days, this is necessary in case we have to consult experts to verify the product defect.
We warrant to you that any Product purchased from us through the site The Music Locker is of satisfactory quality and fit for all the purposes for which products of the kind are commonly supplied and taking into account the age and the description given by us at the outset.
Our liability for losses you suffer as a result of a Product sale is strictly limited to the purchase price you paid for the Product and the delivery costs you paid for delivery of the Product.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
In addition to the above, and if you are buying a Product as a consumer or a trader, we will not be liable for:
• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data, or
• waste of management or office time however arising
For all other purchases, for the purposes of the Data Protection Act 1998 (the Act) the data controller is the company with whom your Contract is made and whose details are notified to you on the site before you place your order. We will collect and process data about you if you contact us, and to process any orders accepted by us and their fulfilment.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions of supply and other agreements, this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data).You can also exercise the right at any time by writing to us at the company address from which you have ordered the Products.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
LAW AND JURISDICTION
Contracts for the purchase of Products through the site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. We may take action against you in the English courts or the courts in the country in which you are based, in respect of any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims). If you have any dispute or claim against us, you must take any action against us in the courts based England and Wales.