GEAR4MUSIC TERMS & CONDITIONS - updated on 1st December 2011

PRIVACY STATEMENT

Gear4music is fully committed to respecting your privacy, and protecting any information you provide. We only use information you provide to process orders you may place at a Gear4music web site, notify you when important changes are made to our service, and occasionally tell you about relevant products or services we are offering. We will not pass your details to third parties for marketing or research purposes. Please note that we may retain any data that you provide on this website, even if you do not complete your registration by clicking 'Register new account'. Such contact details and data may be used to contact you to enquire why you did not complete your registration.

TERMS AND CONDITIONS

No statement or condition of sale contained within these terms affects or restricts your statutory rights as defined under the Consumer Protection (Distance Selling) Regulations 2000.

All orders for goods accepted by Red Submarine Limited T/A Gear4music.com (the vendor) are accepted subject to the following conditions, which shall form part and govern the contract of sale. Acceptance of goods by the customer shall be deemed to be acceptance of these conditions of sale unless the customer notifies the vendor in writing within 8 days of receipt of this letter or delivery of goods. Any term sought to be imposed by a customer either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions.

TERMS OF PAYMENT

For orders placed using Credit or Debit cards, the payment card will not be debited until the order is actually dispatched, except for complete computer systems or packages configured to customer requirements, in which case credit/debit cards will be debited immediately after an order is placed. The vendor reserves the right not to accept payment by credit or debit card. Cheques must be cleared before delivery of goods, which takes 7-10 days, therefore direct bank transfer is recommended when payment by card is not possible or not accepted. The vendor only accepts purchase orders on 30 day credit terms from recognised educational establishments and government departments. Goods remain the property of the vendor until paid for in full and the vendor reserves the right not to dispatch goods until cleared funds have been received.

SHIPMENT OF ORDERS

The vendor shall not be bound by a contract of sale until the goods have been received by the customer. The vendor will use its best endeavors to comply with the date named for delivery, but this date is provided as an estimate only and is not to be the essence of the contract. Many products are held in stock by the vendor, but in some cases the date stated is an estimate of the time it will take to order the item from the manufacturer and deliver it to the customer. The vendor reserves the right to part ship orders but will not charge more than the total advertised delivery price for delivery of the order in full.

GOODS DAMAGED IN TRANSIT

Any goods received by the customer that have suffered damage in transit must be reported to the vendor as soon as possible, and at the latest within 14 days of receiving the goods. The vendor will collect damaged goods from the customer and deliver replacement goods as quickly as possible at its own expense. The vendor will not accept any responsibility for goods damaged in transit if the customer reports the damage more than 14 days after receiving the goods.

CANCELLATION OF ORDERS

The customer has a right to cancel an order for items purchased from the vendors website or placed over the telephone or by email no later than 14 days after delivery. Orders can be cancelled by letter, email, telephone or fax. There are some restrictions to products that can be cancelled after delivery however as follows: Items that come directly into contact with the nose, ears or mouth, such as in ear monitors or woodwind reeds. Items personalised or made to a specific specification or configuration for the customer, including computer systems, studio packages, audio or video production suites, and audio/video recordings and software that has been unsealed and/or registered with the manufacturer in the customer's name. Customer orders that include goods designed to work together as a unique package of the customers choice and require specific testing or setup by the vendor may not be cancelled without the specific agreement of the vendor, and will be subject to a cancellation fee. The vendor may cancel any order placed by a customer until the goods are received by the customer if the vendor is no longer able to supply the item, there has been a significant price change of the item, or if the vendor suspects the transaction is fraudulent. If an order is cancelled by the vendor any monies paid by the customer will be refunded in full.

CUSTOMER RETURNS:

Products may be returned for a full refund within 14 days of delivery. Standard delivery charges will be refunded and the vendor can also collect the goods from the customer free of charge for return requests made within 14 days. Delivery charge refunds and free collections exclude delivery upgrade options including installation, two man delivery, timed and Saturday services.

When the vendor receives returned goods they will be inspected to ensure all manuals, accessories, free items and any other components are within the returned package and that the customer has taken reasonable care of the goods and also taken reasonable care to ensure the goods are appropriately packaged for safe transportation back to the vendor. If the vendor receives goods that have not had reasonable care taken, the vendor shall charge the customer a fee equivalent to the reduction in the value of the goods. If the goods have missing manuals, accessories, free items or any other components, the vendor shall charge the customer the cost of the missing items. These costs will be deducted from any refund that is due to the customer.

Items returned after seven days from delivery must be in as new working condition. If items are returned after seven days from delivery without the original boxes and packaging a re-stocking charge may be applied. Some items are excluded from the 14 day money back guarantee, including computer software that has been unsealed or registered, music computer systems built to a customers personal specification, in-ear monitors and headphones, and products purchased by the customer in store at the vendors premises in York.

Bespoke music computer systems may only be returned to the vendor by prearrangement and with the vendor's agreement, and will be subject to a minimum 25% restocking charge providing the goods are in original stock condition. Please see below for further details.

DEFECTIVE GOODS WITHIN WARRANTY:

All products carry a 1 year warranty unless otherwise stated. If items become defective due to manufacture fault within six months of purchase then the vendor will arrange for the collection and repair of the product entirely at the vendors cost. If the product can not be repaired within 30 days, then a replacement product will be issued, which will not be older and not be in worse condition than original product returned by the purchaser. If the item becomes defective within the warranty period, but after six months from the date of delivery, then the same conditions as above apply but the customer will be responsible for the cost of returning the product to the vendor. Products may not be returned to the Vendor for refund later than 14 days from delivery unless the vendor is unable to comply with its warranty obligations. This warranty excludes items that have become defective due to miss use, accidental damage or any reason other than manufacture fault. If an item is found to be without fault on its return to Gear4music, and is out of the period of 14 day money back guarantee, then we will return the item to you for a small charge. We recommend that you insure your goods.

LIABILITY

The Vendor is not liable for loss of business or income due to shipment delays under any circumstances. Whilst the vendor makes every effort to ensure that goods supplied correspond to in every respect with the specification or description provided as the case may be, the vendor is not responsible for minor variations in specification, and no such minor variation shall be the subject of any claim against the vendor.

BESPOKE COMPUTER SYSTEM SALES

A bespoke music computer is defined as a PC system that has been configured specifically to the customers requirements for the purpose of recording music and audio. Our terms of sale are different to our standard terms of sale for bespoke music computers due to the labour involved with creating this product to meet customers specific requirements, and the requirement to register software on behalf of a customer before delivery. This alteration to our standard terms and conditions does not apply to standard PC systems purchased, or music PC systems sold without specific customer configuration.

Delivery of bespoke computer systems from date of order is usually between 12 and 18 days, but may from time to time be longer due to specific stock item delays or technical issues. An estimated delivery timescale for individual items is published on the vendor's websites. The vendor reserves the right to part ship an order, but guarantees delivery of all goods relating to any one order within 30 days. If computer systems cannot be delivered within 30 days, a full refund will be offered. The vendor will use its best endeavors to comply with the date named for dispatch or delivery. The date given is intended as estimate only and is not to be the essence of the contract.

Cancellation of orders placed for computer systems within 30 days are subject to a 25% cancellation charge. The Vendor cannot be held responsible for loss of business or income of any kind due to shipment delays. Whilst the vendor makes every effort to ensure that goods supplied correspond with the specification or description provided as the case may be, the vendor is not responsible for the minor variations in specification, in colour or other design features, and no such minor variation shall entitle the customer to rescind the contract, or shall be the subject of any claim against the vendor by the customer.

Standard Red Sub Warranty 1st year - Parts and Labour on-site collect. If the vendor's technicians verbally diagnose a hardware malfunction with a computer, it will be collected from the customer's premises within 24 hours (office hours) whenever possible, and returned to the vendors workshops for repair. The vendor will replace any hardware component that is found to be defective at its own cost. Turnaround time is targeted at 5 to 7 days although this may be longer depending on the nature of the problem or the availability of replacement components. The vendor guarantees that an individual repair instance will take no longer than 30 days.

The customer must make the computer available for collection by the vendor's agent in its original box or other appropriate shock proof packaging. The vendor may refuse any goods returned that are insufficiently packaged for safe transit. The vendor cannot be held responsible for third party agents being unable to fulfil their obligations for the collection or return of goods. In the case of manufacturers who operate direct product support and returns procedures, the customer accepts an obligation to process their claim directly through the manufacturer. 2nd & 3rd years return to base (R.T.B.) Labour only: The customer must arrange for the goods to be returned to the vendor, or another location specified by the vendor.

The vendor will only be responsible for the safekeeping and insurance of goods whilst in the possession of the vendor. The vendor is not liable to pay the cost of any components failing from 12 months after goods are delivered to the customer. The vendor will not charge any labour costs to replace or repair faulty components. If the component needs to be replaced for whatever reason, the customer will be advised of the fault and the cost of the replacement part, and will be given the option to go ahead with the repair. This is a hardware warranty only. If the goods are returned to the vendor and the fault is due to changes made after delivery to the software configuration the customer will be charged standard maintenance rates. The vendor uses its best endeavors to ensure that machines are thoroughly tested and set up for optimum performance before delivery, and the vendor is not responsible for machines not working correctly due to alterations made while in the care of the customer, or software/hardware installed after taking delivery of the goods. The vendors "premier warranty package" includes 1st year parts and labour and 2nd / 3rd year Return To Base as described above.

On-Site attendance warranty: This is an optional warranty scheme available within UK mainland. If the vendor's technicians verbally diagnose a hardware malfunction with a computer, an appointment will be made to visit the customer's designated premises by the vendor's representative within 3 hours of a pre-arranged time convenient to both parties (but within normal office hours) and within five working days of the fault being diagnosed (subject to specific agreement clauses). If subsequent visits are necessary these will occur within five days of the previous visit. Any one instance of malfunction is guaranteed to be fixed within 14 days.

The vendor will replace any hardware component that is found to be defective at its own cost within one year from purchase. The vendor is not liable to pay the cost of any components failing from 12 months after goods are delivered to the customer. The vendor will not charge any labour costs to replace or repair faulty components. If the component needs to be replaced for whatever reason, the customer will be advised of the fault and the cost of the replacement part, and will be given the option to go ahead with the repair. Software may be registered by the vendor on behalf of the customer if this is deemed to be necessary by the vendor to ensure successful installation and configuration. This is a hardware warranty only. Law - If any of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions. This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law. Your statutory rights are unaffected.

EXTENDED WARRANTY TERMS AND CONDITIONS:

DEFECTIVE GOODS WITHIN WARRANTY:

If the product becomes defective due to manufacture fault within the warranty period, then the Gear4music will arrange for the collection, repair and re-delivery of the product back to the customer at no cost.

MONEY BACK GUARANTEE:

Subject to the warranty exclusions as detailed in this document, products may be returned for a full refund within the number of days stated from delivery.

For return requests made within 14 days from delivery:

Gear4music will collect the goods from the customer free of charge, and the original standard delivery charges will be refunded. Delivery charge refunds and free collections exclude delivery upgrade options including installation, two man delivery, Saturday and timed services.

For return requests made after 14 days from delivery:

If the money back guarantee is taken up after 14 days from delivery (but within 60 days from delivery), goods must be returned to Gear4music at the customers own expense, or alternatively Gear4music can arrange collection of the goods for a nominal fee. Original delivery charges will not be refunded. The extended warranty charges paid by the customer will not be refundable. All returned woodwind and brass instruments incur a £5 sanitization fee.

The extended money back guarantee does not include goods damaged in transit that are reported after 14 days from delivery (see below).

When Gear4music receives returned goods they will be inspected to ensure they are in as new condition, and all manuals, accessories, free items and any other components are within the returned package and that the customer has taken reasonable care of the goods. The customer must take reasonable care to ensure the goods are appropriately packaged for safe transportation back to Gear4music. If Gear4music receives goods that have not had reasonable care taken, Gear4music will charge the customer a fee equivalent to the reduction in the value of the goods, or 10% of the purchase value, whichever is the higher. These costs will be deducted from any refund that is due to the customer.

Items returned after seven days from delivery must be in as new working condition. If items are returned after seven days from delivery without the original boxes and packaging a re-stocking charge of 10% may be applied. Some items are excluded from the money back guarantee, including computer software that has been unsealed or registered, music computer systems built to a customers personal specification, in-ear monitors and headphones, and products purchased by the customer in store at Gear4musics premises in York.

GOODS DAMAGED IN TRANSIT

Any goods received by the customer that have suffered damage in transit must be reported to the vendor as soon as possible, and at the latest within 14 days of receiving the goods. The vendor will collect damaged goods from the customer and deliver replacement goods as quickly as possible at its own expense. The vendor will not accept any responsibility for goods damaged in transit if the customer reports the damage more than 14 days after receiving the goods, so we recommend you check your goods for transit damage as soon as you receive them.

COLLECTION AND DELIVERY COSTS:

In the event of failure within the warranty period and covered under this warranty, Gear4music will arrange to collect the item and return it at our cost. For items over two years old, the customer is responsible for returning the item to Gear4music, and Gear4music will send the repaired/replaced item back to the customer free of charge.

CASH BACK TERMS:

If you have not used your warranty after the warranty period, simply write to us with a copy of this certificate and your original purchase invoice within one month of the expiry date, and we will send you a cheque for 50% of the original warranty cost.

TRANSFER OF WARRANTY:

Gear4music must be advised by email of the new owners details including name, address, email address and telephone number within 14 days of the item being sold. Failure to do so will invalidate the warranty and no claims may be made by the new owner. Cash back after the warranty period is not valid when a warranty has been transferred.

LOAN EQUIPMENT:

If products covered within the terms of this warranty are not repaired within 28 days following receipt of goods at Gear4music, then the customer can request a free of charge loan item. The loan item is not intended as a direct replacement, and may not be the same price or have the same features as the original product, but it shall be of similar functionality. (e.g. if your digital piano breaks, we may lend you any other type of digital piano until your product has been repaired, or until we agree on a replacement model or cash back as detailed within this policy). Loan items shall remain the property of Gear4music at all times, but mist be insured for theft and damage by the customer.

REPLACEMENT PRODUCTS:

In the event that an item cannot be repaired within 60 days, then an equivalent replacement item with similar functionality will be supplied. Replacement items may not necessarily be new, but will be fully functional and will not be older than the item they replace. Replacement products will not be more expensive than the product they replace. Suitability of replacement products shall be discussed with the customer, but the final decision on their suitability shall be made by Gear4music.

Any repair or replacement of a defective product will not renew or prolong this warranty beyond the original expiry date of the warranty.

CASH DISCOUNT:

Within the warranty period, in the event of a successful claim a suitable replacement item can not be supplied as detailed above, or the proposed replacement product has a significantly differing specification to the original product that is not acceptable to the customer, then a cash refund will be offered after depreciation has been applied based on the following percentage of the original purchase price:

1st year: 100%, 2nd year: 70%, 3rd year: 45%, 4th Year: 30%, 5th Year: 20%, 6th year: 15%.

The extended warranty retail price will not be refunded.

Items that are replaced or have had a cash discount paid will become the property of Gear4music.

CANCELLATION OF POLICY:

The policy can be cancelled at any time and a pro-rata discount will be given based on the amount of time the policy has remaining. The policy may not be cancelled however if a claim has already been made.

WARRANTY EXCLUSIONS:

This warranty is designed to cover manufacture defect. If the item fails for any reason not due to manufacture defect, including any of the following reasons then this warranty is not valid:

• Abuse or mishandling
• The product is used for something for which it was not designed (misuse)
• Wear and tear beyond the design intentions of the product
• Adverse environmental conditions
• The product has been altered or modified
• The fault was caused by the use of accessories or supplementary parts that are not specifically certified to work by the product manufacturer
• An inappropriate power supply or battery has been used
• Inadequate care and maintenance

OTHER INFORMATION

Under recent legislation, we are obliged to point out that you do not need to purchase an extended warranty at the same time that you purchase your goods. You are entitled to shop around, and we would actively encourage you to do this. This warranty is provided as an additional service to our customers, and we really do think it is worth the small amount of money it costs!

This warranty is an exclusive Gear4music.com offer and is operated and financially backed by Red Submarine Limited. The Financial Services Compensation scheme does not apply to this warranty and monies are not ring-fenced from Red Submarine Limited. This warranty is not an insurance policy, and we suggest you also insure your goods against theft and damage.

On buying a product, you are protected by legislation such as the Sale of Goods Act 1979 (as amended). If the product is not, when sold, of satisfactory quality or fit for purpose, you have a right to claim for repair or replacement for up to 6 years (5 in Scotland). Within the first 6 months, the retailer must prove that the goods you bought met the necessary standards. After the first 6 months, it is up to you to prove that the product was faulty when supplied: this may involve you taking legal proceedings. Further information on consumer rights can be obtained from your local Trading Standards Services. Further guidance with regards to Consumer Protection from Unfair Trading Regulations 2008 can be found here.

Although the Sale of Goods Act covers you in very specific circumstances should your equipment go wrong after purchase, it is not nearly as comprehensive as our extended warranty, and this warranty will remove the stress and hassle of making a claim beyond the manufactures standard warranty period.