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for, because we have identified an error in the price or description of the
product or because we are unable to meet a delivery deadline.
3.3 Your order number. We will assign an order number to your order and tell you
what it is when we accept your order. It will help us if you can tell us the
order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products
on our website are for illustrative purposes only. Although we have made every
effort to display the colours accurately, we cannot guarantee that the display
of the colours on your device accurately reflects the colour of the products.
Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that
shown in images on our website.
5. WHAT CHANGES CAN BE MADE
5.1 Our right to make changes. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) to implement minor technical adjustments and improvements.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our
website. Shipments outside the European Union (EU) may be subject to local
import charges and taxes, which are your responsibility. Shipments to some
countries within the European Union (EU) are subject to local tax. Where this is
the case, these charges are calculated during the purchasing process.
6.2 When we will provide the products. During the order process we will let you
know when we will provide the products to you.
6.3 We are not responsible for delays outside our control. If our supply of the
products is delayed by an event outside our control then we will contact you as
soon as possible to let you know and we will take steps to minimise the effect
of the delay. Provided we do this we will not be liable for delays caused by the
event, but if there is a risk of substantial delay you may contact us to end the
contract and receive a refund for any products you have paid for but not
received.
6.4 If you are not at home when the product is delivered. If no one is available
at your address to take delivery and the products cannot be posted through your
letterbox, you will be contacted to inform you of how to rearrange delivery of
the products.
6.5 If you do not re-arrange delivery. If after a failed delivery to you, you do
not re-arrange delivery we may charge you for storage costs and any further
delivery costs. If, despite our reasonable efforts, we are unable to contact you
or re-arrange delivery or collection we may end the contract and clause 9.2 will
apply.
6.6 When you become responsible for the products. Products will be your
responsibility from the time we deliver the product to the address you gave us.
6.7 When you own products. You own a product once we have received payment in
full.
6.8 Reasons we may suspend the supply of products to you. We may have to suspend
the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory
requirements;
(c) make changes to the product notified by us to you (see clause 5).
6.9 Your rights if we suspend the supply of products. We will contact you in
advance to tell you we will be suspending supply of the product, unless the
problem is urgent or an emergency. If we have to suspend the supply of product
for longer than 14 days we will adjust the price so that you do not pay for
products while they are suspended. You may contact us to end the contract for a
product if we suspend it, or tell you we are going to suspend it, in each case
for a period of more than 30 days and we will refund any sums you have paid in
advance for the product.
6.10 We may also suspend supply of the products if you do not pay. If you do not
pay us for the products when you are supposed to and you still do not make
payment within 2 days of us reminding you that payment is due, we may suspend
supply of the products until you have paid us the outstanding amounts. We will
contact you to tell you we are suspending supply of the products. As well as
suspending the products we can also charge you interest on your overdue
payments.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can end your contract with us for the reasons set out in this
section. Your rights when you end the contract will depend on what you have
bought, whether there is anything wrong with it, how we are performing, and when
you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal
right to end the contract (or to get the product repaired or replaced or a
service re-performed or to get some or all of your money back) (see clause 11);
(b) If you want to end the contract because of something we have done or have
told you we are going to do, see clause 7.4;
(c) If you have just changed your mind about the product, see clause 7.5. You
will be able to get a refund, but this may be subject to deductions and you will
have to pay the costs of return of any products.
7.2 When you receive the products we encourage you to check the products for
defects or discrepancies as soon as possible and advise us of any defect or
discrepancy promptly. If you are able to send us a description of the fault
(for example, with a photo) to info@musicroom.com, that is very helpful for our
internal processes.
7.3 Where faulty or damaged products are returned, we ask that they are returned
in their original packaging. To benefit from our goodwill guarantee, products
must be returned unopened (please see 7.6 below).
7.4 Ending the contract because of something we have done or are going to do. If
you are ending a contract for a reason set out at (a) to (e) below the contract
will end immediately and we will refund you in full for any products which have
not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms
which you do not agree to (see clause 5.1);
(b) we have told you about an error in the price or description of the product
you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed
because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify
you we are going to suspend them for technical reasons, in each case for a
period of more than 30 days; or
(e) you have a legal right to end the contract where we have broken our contract
with you.
If you are ending a contract for one of the reasons set out at (a) to (e) above,
we ask that products are returned either unopened in their original packaging,
or if opened, in a re-sellable condition.
7.5 Exercising your right to change your mind (Consumer Contracts Regulations
2013). If you are a consumer then for most products bought online you have a
legal right to change your mind within 14 days and receive a refund. These
rights, under the Consumer Contracts Regulations 2013, are explained in more
detail below.
7.6 Our goodwill guarantee for consumers. Please note, these terms reflect the
goodwill guarantee offered by Musicroom to its UK consumer customers, which is
more generous than your legal rights under the Consumer Contracts Regulations in
the ways set out below. This goodwill guarantee does not affect your legal
rights in relation to faulty or mis-described products (see clause 11.1):
Right under the Consumer Contracts
Regulations 2013
How our goodwill guarantee is more generous
14 day period to change your mind.
30 day period to change your mind provided products are unopened and in their
original packaging. During the period 1 November to 31 December you have until
31 January in the following year to change your mind.
In order to benefit from our goodwill guarantee, products must be returned
either unopened in their original packaging, or if opened, in perfect
re-sellable condition.
7.7 When consumers do not have a right to change their minds. In some
circumstances you will not have a right to change your mind. Under this
contract, those circumstances where your right as a consumer to change your mind
does not apply includes where you have bought products sealed for health
protection or hygiene purposes, or sealed software or video recordings, once
these have been unsealed after you receive them (for example, in-ear headphones,
earplugs, mouthpieces, reeds etc).
7.8 How long do consumers have to change their minds? If you are a consumer you
have 30 days after the day you (or someone you nominate) receives the products,
unless your products are split into several deliveries over different days. In
this case you have until 30 days after the day you (or someone you nominate)
receives the last delivery. During the period 1 November to 31 December you have
until 31 January in the following year to change your mind.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS
CHANGED THEIR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please
let us know by doing one of the following:
(a) Phone or email. Call Customer Support on +44 (0)1284 725 725 or email us at
info@musicroom.com. Please provide your name, home address, details of the order
and, where available, your phone number and email address.
(b) Online. Email us at info@musicroom.com or contact us here. Please provide
your name, home address, details of the order and, where available, your phone
number and email address.
8.2 Returning products after ending the contract. If you end the contract for
any reason after products have been dispatched to you or you have received them,
you must return them to us. You will be provided with a Returns Number which you
must include when you return the products. You must either return the products
in person to one of our Musicroom stores or post them back to us at Returns
Department, Newmarket Road, Bury St Edmunds, Suffolk, IP33 3YB, United Kingdom.
If you are posting them back to us we recommend you use a recorded delivery
service. If they are not suitable for posting call Customer Support on +44
(0)1284 725 725 and we will arrange to collect them from you. If you are a
consumer exercising your right to change your mind you must send off the
products within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming
change to the product or these terms, an error in pricing or description, a
delay in delivery due to events outside our control or because you have a legal
right to do so as a result of us breaking our contract with you.
In all other circumstances (including where you are a consumer exercising your
right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of
return and we are collecting the product from you, we will charge you the direct
cost to us of collection.
8.5 How we will refund you. If you are entitled to a refund under these terms we
will refund you the price you paid for the products including delivery costs, by
the method you used for payment. However, we may make deductions from the price,
as described below.
8.6 When we may make deduction from refunds if you are a consumer exercising
your right to change your mind. If you are exercising your right to change your
mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect
any reduction in the value of the products, if this has been caused by your
handling them in a way which would not be permitted in a shop. If we refund you
the price paid before we are able to inspect the products and later discover you
have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the
least expensive delivery method we offer.
8.7 When your refund will be made. We will make any refunds due to you as soon
as possible. If you are a consumer exercising your right to change your mind
then:
(a) If the products are goods and we have not offered to collect them, your
refund will be made within 14 days from the day on which we receive the product
back from you or, if earlier, the day on which you provide us with evidence that
you have sent the product back to us. For information about how to return a
product to us, see clause 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling
us you have changed your mind
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a
product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make
payment within 2 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to
you.
9.2 You must compensate us if you break the contract. If we end the contract in
the situations set out in clause 9.1 we will refund any money you have paid in
advance for products we have not provided but we may deduct or charge you
reasonable compensation for the net costs we will incur as a result of your
breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the
product, please contact us. Call Customer Support on +44 (0)1284 725 725 or
email us at info@musicroom.com.
11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
11.1 If you are a consumer we are under a legal duty to supply products that are
in conformity with this contract. See the box below for a summary of your key
legal rights in relation to the products. Nothing in these terms will affect
your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain
exceptions. For detailed information please visit the Citizens Advice website
www.adviceguide.org.uk or call +44 (0)3454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose
and of satisfactory quality. During the expected lifespan of your product your
legal rights entitle you to the following:
a) Up to 30 days: if your products are faulty, then you can get an immediate
refund.
b) Up to six months: if your products can't be repaired or replaced, then you're
entitled to a full refund, in most cases.
c) Up to six years: if your products do not last a reasonable length of time you
may be entitled to some money back.
See also clause 7.5.
11.2 Your obligation to return rejected products. If you wish to exercise your
legal rights to reject products you must return them to us. You will be provided
with a Returns Number which you must include when you return the products. You
must either return the products in person to one of our Musicroom stores or post
them back to us at Returns Department, Newmarket Road, Bury St Edmunds, Suffolk,
IP33 3YB, United Kingdom. If you are posting them back to us we recommend you
use a recorded delivery service. If they are not suitable for posting call
Customer Support on +44 (0)1284 725 725 and we will arrange to collect them from
you.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which
includes VAT) will be the price indicated on the order pages when you placed
your order. We take all reasonable care to ensure that the price of the product
advised to you is correct. However please see clause 12.3 for what happens if we
discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes
between your order date and the date we supply the product, we will adjust the
rate of VAT that you pay, unless you have already paid for the product in full
before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong? It is always possible that, despite
our best efforts, some of the products we sell may be incorrectly priced. We
will normally check prices before accepting your order so that, where the
product's correct price at your order date is less than our stated price at your
order date, we will charge the lower amount. If the product's correct price at
your order date is higher than the price stated to you, we will contact you for
your instructions before we accept your order. If we accept and process your
order where a pricing error is obvious and unmistakeable and could reasonably
have been recognised by you as a mispricing, we may end the contract, refund you
any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment of the credit
cards listed on our payments page. You must pay for the products before we
dispatch them. We will not charge your credit or debit card until we dispatch
the products to you.
12.5 We can charge interest if you pay late. If you do not make any payment to
us by the due date we may charge interest to you on the overdue amount at the
rate of 2% a year above the base lending rate of the Bank of England from time
to time. This interest shall accrue on a daily basis from the due date until the
date of actual payment of the overdue amount, whether before or after judgment.
You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is
wrong please contact us promptly to let us know. You will not have to pay any
interest until the dispute is resolved. Once the dispute is resolved we will
charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
13.1 We are responsible to you for foreseeable loss and damage caused by us. If
we fail to comply with these terms, we are responsible for loss or damage you
suffer that is a foreseeable result of our breaking this contract or our failing
to use reasonable care and skill, but we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if either it is
obvious that it will happen or if, at the time the contract was made, both we
and you knew it might happen, for example, if you discussed it with us during
the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would
be unlawful to do so. This includes liability for death or personal injury
caused by our negligence or the negligence of our employees, agents or
subcontractors; for fraud or fraudulent misrepresentation; for breach of your
legal rights in relation to the products as summarised at clause 11.1; and for
defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. If you are a consumer we only supply
the products for to you for domestic and private use.
14. WEBSITE
14.1 Website access and use. You are provided with access to this Website in
accordance with these terms and conditions and any orders placed by you must be
placed strictly in accordance with these terms and conditions. You may access
this website only to browse the website and make orders. Any other use is not
allowed unless agreed to by us in writing. The website may be used only for
lawful purposes and in a lawful manner. You agree to comply with all applicable
laws, statutes and regulations regarding the website and any transactions
conducted on or through the website.
14.2 Changes to the website. We reserve the right to modify or withdraw,
temporarily or permanently, this website (or any part of it) with or without
notice to you and you agree that we won't be liable to you or any third party
for any modification to or withdrawal of the website.
14.3 We own the website. Music In Print Limited are owner or licensee of all
copyright, design rights, database rights, trade marks and other intellectual
property rights on the website, and in the material published on it. Your use of
the website grants no rights to you in relation to our intellectual property
rights or the intellectual property rights of third parties. All such rights not
expressly granted are reserved. You agree not to change or delete any ownership
notices from materials downloaded or printed from the website.
14.4 You can't change the website. You are not allowed to modify, copy,
translate, broadcast, perform, display, distribute, frame, reproduce, republish,
display, post, transmit or sell any content or intellectual property appearing
on the website.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information. We will only use your personal
information as set out in our Privacy Policy.
15.2How we use cookies. To learn more about what cookies we use, their nature,
purpose and please see our Cookie Policy.
15.3 Accuracy of personal information. You promise that:
(a) any personal data which you provide is true, accurate, current and complete;
and
(b) you won't impersonate any other person or use a false name or a name that
you are not authorised to use.
16. GIFT VOUCHERS
16.1 Where you can use a gift voucher. From time to time we may offer gift
vouchers for sale. If you purchase a gift voucher it can only be used on
Musicroom.com. It is not redeemable in our high street stores. In order to
redeem a gift voucher on Musicroom.com you must have a registered user account
on Musicroom.com. If you do not already have an account you will be asked to
create one.
16.2 Currency of the gift voucher. You can only redeem a gift voucher in the
currency in which it was originally bought. Any remaining balance after a
redemption will be fixed to the original currency of that voucher. If the
balance of a voucher does not cover the entire cost of a purchase you can put it
towards that purchase and pay the remainder.
16.3 Expiry of gift vouchers and other terms. Gift vouchers will expire one year
from their purchase date, at which point any remaining balance will no longer be
redeemable (where permissible under applicable law). A gift voucher is not
transferable or assignable. Gift vouchers cannot be used to buy gift vouchers.
Gift vouchers issued from Musicroom.com cannot currently be used at the
Musicroom Musicbookmaker site.
17. DISCOUNTS AND SPECIAL OFFERS
17.1 Limitations on discounts and special offers. All discounts, special offers
and promotions are subject to availability, may be withdrawn or changed without
notice, and may not be used in conjunction with any other offers, except where
explicitly stated. If an item is subject to two available discounts, we reserve
the right to decide which will be applied.
17.2 Special accounts. You may not combine any discount obtained through one of
our special accounts (such as our Educator’s Discount) with any commission you
may receive through any of our affiliate agreements made between you and us. We
will monitor sales coming from affiliate links on a regular basis. If we suspect
that an affiliate has received an affiliate commission and a discount on the
same order, we may cancel the applicable affiliate commission and may end the
relevant affiliate relationship.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights
and obligations under these terms to another organisation.
18.2 You need our consent to transfer your rights to someone else (except that
you can always transfer our guarantee). You may only transfer your rights or
your obligations under these terms to another person if we agree to this in
writing. However, if you are a consumer you may transfer our guarantee at clause
7.6 to a person who has acquired the product. We may require the person to whom
the guarantee is transferred to provide reasonable evidence that they are now
the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass
your guarantee on to). This contract is between you and us. No other person
shall have any rights to enforce any of its terms, except as explained in clause
18.2 in respect of our guarantee. Neither of us will need to get the agreement
of any other person in order to end the contract or make any changes to these
terms.
18.4 If a court finds part of this contract illegal, the rest will continue in
force. Each of the paragraphs of these terms operates separately. If any court
or relevant authority decides that any of them are unlawful, the remaining
paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do
under these terms, or if we delay in taking steps against you in respect of your
breaking this contract, that will not mean that you do not have to do those
things and it will not prevent us taking steps against you at a later date. For
example, if you miss a payment and we do not chase you but we continue to
provide the products, we can still require you to make the payment at a later
date.
18.6 Which laws apply to this contract and where you may bring legal
proceedings. These terms are governed by English law and you can bring legal
proceedings in respect of the products in the English courts. If you live in
Scotland you can bring legal proceedings in respect of the products in either
the Scottish or the English courts. If you live in Northern Ireland you can
bring legal proceedings in respect of the products in either the Northern Irish
or the English courts.
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