This is the northernmusiconline.co.uk website ("Website") which is owned by Darrell Priestley in partnership with Eileen Priestley trading as Northern Music Online with a trading address of 7 Ropergate, Pontefract, West Yorkshire, WF8 1LL ("we", "us").
By purchasing any products (the "Product") and by using this Website you acknowledge that you are 18 years or over in age and you have read and you agree to be bound by and comply with these Terms and Conditions. Your statutory rights are not affected.
You should print a copy of these terms and conditions for your future reference.
Purchase of Product
The placing of a Product on our Website is an invitation to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
Please note that the Product details and / or specification as set out on the Website are subject to change without notice. Customers ordering from outside the UK are encouraged to contact us before ordering, as higher shipping rates may need to be applied, and it may be necessary to obtain an individual shipping quote.
We will acknowledge by e-mail your order for a Product at the time you place your order. Please note that this does not mean that your order has been accepted. We will notify you within 2 days of such email whether we have accepted your order in whole or in part. At the same time if we have accepted your order in whole or in part we will notify you of delivery dates. For the avoidance of doubt, we will not be obliged to supply any Product which may have been part of your order but which we have not accepted to supply for whatever reason.
In the event a Product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price we will deliver the Product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the Product (if the Product has been sent out) immediately issue a refund.
Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you and give you the choice of a refund or of purchasing an alternative Product. For the avoidance of doubt, although we will always try to given an accurate figure for the delivery charge on the Product, where the delivery charge imposed by [Royal Mail] on the Product is greater than the value stated on the Website for delivery we reserve the right to consider this Product as unavailable and your order will be considered not accepted regardless of whether the Order has been confirmed and the credit or bank card has been charged. In the event of such occurring we will notify you and give you the choice of cancelling the order or purchasing the Product for the same price as previously but subject to the increased delivery charge.
On Products marked 'Buy-Back' on the Website we offer a Buy-Back scheme where we, subject to the terms of this clause 3, buy the Product back from you at a later date for a proportion of the original purchase price paid by you to us provided the Product is in the same condition as when initially supplied to you by us, subject to fair wear and tear which shall be determined by us in our sole discretion. To be clear, the Buy-Back scheme shall not apply to all Products and shall only apply to those Products which the Website clearly states are part of the Buy-Back scheme. The Website shall clearly set out the rates and time periods applicable for each individual Product which is part of the Buy-Back scheme.
In order to benefit from the Buy-Back scheme you must opt in by ticking the relevant box at the time of purchase of the relevant Product. For the avoidance of doubt, where you opt in to the Buy-Back scheme for a particular Product you are not obliged to sell the Product back to us at any time and it will be at your option as to whether you do so.
Please be aware that we shall not be obliged to buy any Product back off you after the set period of time as stated in the Buy-Back rates for each Product or where the Product is not in our sole discretion in the same condition as when originally supplied by us.
Cancellation of contract by you.
You may cancel the contract at any time up to and including the seventh working day after the day on which the Product is delivered to you by notifying us in writing by email or post at the addresses set out at the beginning of these Terms and Conditions.
If you cancel the contract you must return the Product to us at the address set out at the beginning of these Terms and Conditions at your own cost and risk. If you cancel the contract and then you receive the Product you must not unpack it from its packaging but must immediately send it back to us.
In any event, you must return the Product to us within 14 days of receiving it and at your own cost and risk.
If you do not return the Product to us within 14 days we will contact you. If we have to collect it from you we will deduct any costs we incur in recovering the Product from your payment to us prior to re-crediting your charge card.
Provided that we receive the Product in the condition it was in when delivered to you with the original Product packaging in reasonable condition given its purpose, then we will re-credit your charge card with the amount debited for your order for the Product in question as soon as possible and, in any event, within 30 days of receipt of the Product. For the avoidance of doubt, you shall be responsible for ensuring that the Product and original packaging is returned to us in the stated condition and if any additional packaging is required in order to do this then you shall be responsible for obtaining and the cost of such.
Until you return the Product to us you must keep it in your possession and take reasonable care of it.
Please be aware that you will not be entitled to cancel the contract for the supply of any of the following:
a Product which has been changed, altered, adjusted or personalised in any way whether by us pursuant to your request or instruction, by you or by a third party regardless of whether such change to the Product occurs before or after delivery;
a Product made to your specification;
a Product obtained by us especially for you so as to meet a specific item request and/or specification made by you;
a Product which cannot be returned by reason of its very nature, for example for reasons of personal hygiene such as ear plugs, unless such Product is still in its original sealed packaging and neither the Product nor the packaging has been used or tampered with; or
a Product which is liable to deteriorate or expire rapidly.
For the avoidance of doubt, such Products shall be marked 'non-returnable' on the Website.
If the Product delivered is defective, not what you ordered, or damaged on delivery please notify us straight away and in any event within 7 days of delivery and we will arrange for the Product to be collected.
Risk in the Product passes to you when the Product is signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Product after risk passes.
Ownership of the Product will only pass to you when we receive full payment of all sums due in respect of the Product, including delivery charges.
Customers have 7 working days starting the day after receipt of their products to register their request to return an item or items under 'cooling off' legislation.
Should a customer choose to excercise their right to return under the consumer protection (distance selling) regulations 2,000, then the cost of doing so must be born in full by the customer.
Goods should be returned to Northern Music Online with their original packaging. Northern Music Online will not be held responsible for any damages incurred in returning goods to us. The condition of the goods will remain the customer's responsibility until goods have been booked in and assessed by Northern Music Online. A full refund can only be made if the customer has taken reasonable care of the goods in question and has taken reasonable care to ensure that they are received by us and not damaged in transit.
Any return labels should not be placed directly on the item packaging. Please wrap any items to be returned in a protective layer and place any labels on this outer packaging.
Certain Items are ineligible for return under 'cooling off' period legislation namely:
- Goods ordered specifically to meet a customer's requirements cannot be returned under the 'cooling off' period legislation, for example, a bespoke computer system.
- Software, media, sample CD’s and any other copyrighted goods cannot be returned for refund under the 'cooling off' period legislation if the item has been opened.
- Hardware and software bundled products (such as NI Guitar Rig - Kontrol Edition or Traktor Scratch, etc) can not be returned once the included software has been registered. If available please utilize the trial periods before committing to your order.
Prices and Payment
The prices for the Products and delivery are as set out on the Website and are inclusive of VAT unless stated otherwise on the Website.
Payments must be made by credit or debit card and we shall not despatch any Product until we receive confirmation of payment.
Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website.
We will inform you as soon as we can if we are unable to deliver the Product within 30 days of your order and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery.
If you order Products from the Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note, we have no control over these charges and cannot predict their amount. Please contact the relevant local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which Products are destined. We will not be liable for any breach by you of any such laws.
Limitation of our liability
Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase made from the Website, our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website to (at our option):
repairing the defective Product;
replacing the defective Product; or
refunding the amount paid by you in respect of the Product purchased.
Our aggregate liability in respect of all causes of action arising out of or in connection with the Product(s) purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the price paid for the Product delivered to you under these Terms and Conditions.
We shall not be liable to you for any loss of profit; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated revenue or savings (whether direct or indirect loss); or loss of contract; or loss of use; or any special, consequential or indirect or pure economic loss, costs, damages, charges or expenses.
Notwithstanding anything in these Terms and Conditions we do not exclude liability for:
personal injury and death caused by our negligence;
fraud or fraudulent misrepresentation;
any liability under the Consumer Protection Act 1987; or
any breach by us of the warranty as to quiet possession implied by section 2 of the Supply of Goods and Service Act 1982
Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to email us at firstname.lastname@example.org. Our aim will always be to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
All intellectual property including without limitation, patents, registered designs and any rights to apply for the same, copyright, trade marks, design rights, database rights, rights in and to confidential information and know-how and any rights analogous to the same subsisting anywhere in the world at any time in the Website, the Products, Northern Music Online or its business belongs to us or our suppliers and licensors as applicable.
All Website, design, text and graphics belong to us. You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.
These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
Third Party Rights
A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data or stock) and industrial action.
Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Certain provisions contained in these Terms and Conditions may be disallowed by the laws of the country from which you are accessing the Website. If any provision is unenforceable or invalid then the provisions of paragraph 11 shall apply.
Northern Music Online Limited
Tel: 01977 797422