TERMS & CONDITIONS OF SALE
In these conditions, the following terms shall have the following meanings. “COMPANY” means City Music, City Music Truro.co.uk, Mad About Music.com and, or Not Just Another Music Store.Com, all divisions of Maindetail Limited. “CUSTOMER” means the customer of the Company. “CONTRACT” means any Contract for the sale of goods by the Company to the Customer. “GOODS” means any goods forming the subject of this contract, including parts and components incorporated in them.
1.THE GOODS. All instruments and accessories supplied are new and boxed items unless specifically stated as being “demo” or “display” models prior to point of sale.
2.ORDERS. Orders will be accepted by, Secure server, Email, telephone, fax, or post to advertised numbers or address. Orders should be accompanied by payment in full by major credit / debit cards or cheques (with relevant card number and expiry date). When payment is made by cheque (other than guaranteed Building Society cheques) the Company reserve the right to delay dispatch until any cheque has been cleared.
3.TITLE. Title in respect of the goods shall not pass to the Customer until the Company has received payment in full.
4.DELIVERY. Orders received before 12 noon are normally dispatched to arrive within two working days. Any dates quoted by the Company for the delivery of goods are approximate only and shall not form part of the Contract. The Customer acknowledges that in the performance expected of the Company no regard has been paid to the quoted delivery dates. The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all. If the Company is unable to deliver the goods within 28 days of receipt of the Order, it will advise the Customer and the Order may be cancelled. The Company reserves the right to charge for delivery and / or any special requests made upon it by the Customer and will advise the Customer prior to dispatch. Risk in respect of the Goods will pass to the Customer on delivery.
5.GUARANTEE. All goods are guaranteed in respect of faults occurring due to faulty parts or workmanship for a period dependant on the manufacturer (This is normally 12 months unless otherwise stated on the invoice) from the date of invoice to the Customer. This guarantee does not cover accidental damage of any sort. In the event of a fault occurring, the Company should be contacted immediately by telephone or letter and the appropriate returns procedure or service arrangements will be advised. Full details of the Company’s service policies are available upon request. Any claims for damage (or non-delivery) of any item should be made within three days of the receipt of Goods (or expected delivery date) and all packaging materials should be kept for possible inspection or return procedures that may be required. The Company shall have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedure in these conditions.
6.FAULTY GOODS. For Yamaha items this is a 24 month “Return To Base” Warranty; for Roland items this is a 36 month “Return To Base” Warranty, other manufacturers’ items normally carry a 12 month “Return To Base” warranty. Other items (e.g. Printed Music, Accessories, etc.) do not include a manufacturer’s warranty. You must inform City Music of the fault in writing by email, letter or fax. Telephone notifications are not accepted. After we receive your fault notification, we will contact you with a returns reference.
For fault notifications received in writing within 7 working days of delivery, we will make every attempt to rectify the fault. This may include on-site maintenance. For fault notifications received after 7 working days of delivery, but within the warranty period, please return it to City Music and ensure that you retain proof of sending. For smaller items, we suggest returning them to us by Royal Mail. For larger items, if you cannot return them yourself, we can arrange for courier collection, which may incur a chargeable service.
7.FORCE MAJEURE. The Company shall not be liable for any failure in the performance of any of its obligations under this contract caused by factors outside its control.
City Music Guarantee of Service
The merchandise as described on your invoice is covered by a comprehensive guarantee which covers both parts and labour for the period of twelve months for new or one month for pre-owned which commences from the date of the invoice.
Subject to the terms listed below, City Music (hereinafter called “the Company”) guarantee to repair, or at its option, replace the merchandise or any component thereof, other than those specified in the terms below, which in the opinion of the Company, is faulty or below standard, as a result of inferior workmanship or materials.
1. This guarantee of service is valid for the original purchaser only as named on the aforementioned invoice and is not transferable under any circumstances.
2. This guarantee shall apply only to defects or faults which are notified to the Company within the period stated on the invoice.
3. This guarantee covers merchandise intended for domestic use only.
4. This guarantee does not cover any faults or defects caused by accident, misuse, fair wear and tear, neglect, tampering with the merchandise, or any attempt at adjustment or repair other than by an approved Service Centre of the Company. It also excludes peripherals and or accessories that are an intrical part of the merchandise such as, strings, reeds, leads, bulbs, batteries, or any similar such item which carry only such guarantee as may be offered by the manufacturer.
5. The Company expressly excludes, to the extent permitted by law, liability for consequential loss, damage or injury arising from or in connection with the merchandise.
6. If a defect occurs within the stated guarantee period then please notify and return the merchandise to the Company or approved Service Centre for inspection by our authorised Service personnel. The cost of carriage to and from the Company or approved Service Centre shall be borne by the purchaser.
7. In the event of a dispute between the purchaser and the Company regarding the existence of, or original cause of a fault, then the Company reserve the right to send the merchandise to the manufacturer of the said merchandise for inspection and their decision shall be deemed final. Should the manufacturer no longer be in existence then the results of an inspection by an approved service engineer, mutually agreed by the purchaser and the Company, shall be deemed as final.
8. No person, or other Company has any authority to vary the terms or conditions of this Guarantee.
9. Where a manufacturer’s guarantee is offered with any of the merchandise or its components or any peripheral or accessories associated with the merchandise, then it is this manufacturer’s guarantee which applies to the exclusion of the Company’s guarantee.
This guarantee is offered as an additional benefit to the consumer’s statutory rights and does not affect these rights in any way.
Cancelling An Order
If you wish to cancel an order placed online or via the telephone, you must inform City Music within 14 days of placing your order or receiving your goods, in writing by letter, fax or preferably by email. Telephone cancellations are not accepted. After we receive your cancellation notification, we will give you a returns reference (see Returning an Item below). This applies to all goods supplied with the exception of Printed Music, CD, Video, DVD, software and Book & CD packages which are subject to copyright law, or where the item has been either tampered with or unsealed. Deposits paid for goods not yet received or goods that are ordered especially for a customer are not refundable but we may exchange for other goods of equal value.
Returning An Item
• You are responsible for the cost and safe return to City Music of any unwanted goods. Please ensure that you retain proof of sending any item for return. Alternatively, City Music can arrange collection. You are responsible for the direct cost of collection of such goods by City Music. You must take reasonable care of the item and must return it, and all packaging and accessories, in original condition. After we receive the item plus all packaging and accessories in original condition, we will exchange the item for goods of equal value. We will only refund items under certain conditions and then the purchase price of the item will be refunded as soon as possible and within not more than 14 days, less any costs incurred by ourselves such as credit / debit card charges, administration fees and any 3rd party contractor fees, any such fees will not exceed 10% of the order value. Delivery charges are not refundable.
• The consumer shall not be entitled to a full exchange or refund of the product purchase price if he/she does not take reasonable care of the Goods either prior to cancellation of the Contract or, following cancellation, while the Goods remain in the possession of the consumer. For the purposes of this clause, a consumer shall be deemed not to have taken reasonable care of the Goods if such Goods are not returned to the City Music packed in their original box, with all accessories, manuals and cables, or if the Goods or the internal or external packaging is defaced or damaged in any way.
• City Music cannot, and does not, in any way attempt to warrant the suitability of goods for a particular purpose. It is your responsibility to carefully check specifications, sizes and compatibility before ordering. If you are unsure of the size, suitability or compatibility of an item, please contact City Music before placing your order. It is your responsibility to ensure that you are purchasing the correct product.
• Goods purchased from City Music are not sold on a trial basis.
• Please note that all returns are subject to our Terms and Conditions, but these do not affect your statutory rights