Terms and conditions for sale of Goods to
business or consumers
These terms and conditions regulate the business
relationship between you and us. By using Our Web
Site in any way, or by buying from us, you agree to be
bound by them.
No person under the age of 18 years may purchase
Goods. We look forward to seeing you again when
you are over 18.
We are:
trombonemusic.co.uk
Our address is:
Church Cottage
West Street
Winterborne Stickland
Blandford
Dorset DT11 0NT
You are:
visitor to Our Web Site / our
customer
The terms and conditions
Definitions
In this agreement:
“Carrier”
means any person or business
contracted by us to carry Goods from us to you, whether
all or part of the distance.
“Our Web Site” means the
entire computing hardware and software installation
that is or supports Our Web Site.
“Goods”
means any of the Goods we offer for
sale on our web site
“Content”
means information in any form
published on Our Web Site by us or any third party with
our consent.
Our contract with you
These terms and conditions apply:
so far as the context allows, to you as a visitor to
Our Web Site; and
in any event to you as a buyer or
prospective buyer of our Goods.
Goods advertised may not be available.
We shall accept your order by e-mail
confirmation. Our message will also confirm
details of your purchase and tell you when we shall
despatch your order. That is when our contract is
made. It is possible that the price may have
increased from that posted on our web site.
We may change these terms from time to time. The
terms that apply to you are those posted here on Our
Web Site on the day you order Goods.
If we do not have the Goods you order in stock, we will
offer you alternatives before we despatch your
order. If this happens you may:
accept the alternatives we offer;
cancel your order;
leave the order valid, but tell us to omit the
out-of-stock item.
If we owe you money (for this or any other reason), we
will credit your credit or debit card as soon as
reasonably practicable but in any event no later than
30 days from the date of your order.
Goods are at your risk from the moment they are picked
up by the Carrier from us.
Price and Payment
You must pay us the full price of your
order before we will send any part of it.
Banking charges by the receiving bank on payments to us
will be borne by us. All other charges relating
to payment in a currency other than pounds Sterling
will be borne by you.
Any details given by us in relation to exchange rates
are approximate only and may vary from time to time.
You will pay all sums due to us under these terms by
the means specified without any set-off, deduction or
counterclaim.
Information you give us
You agree that you have provided, and
will continue to provide accurate, up to date, and
complete information about yourself. We need this
information to provide you with the Goods. The
information that you provide will be used solely for
the purpose of completing the sale. We will not sell,
trade, rent or otherwise release your personal data to
third parties.
We will use our reasonable endeavours to respond to any
point of dissatisfaction by you, provided you contact
us within three months of purchase.
Delivery
Deliveries will be made by the Carrier
to the address stipulated in your order. You must
ensure that someone is present to accept delivery.
If we are not able to deliver your Goods within 30 days
of the date of your order, we shall notify you by
e-mail to arrange another date for delivery.
We may deliver the goods in instalments if the goods
are not available at the same time for delivery.
Taxes, duties and import restrictions
We have no knowledge of, and no
responsibility for, the laws in your country of
residence.
You are responsible for purchasing Goods which you are
lawfully able to import and for the payment of import
duties and taxes of any kind levied in your country of
residence.
Goods returned
Because you are buying the Goods by
mail order, you may have a right of cancellation.
If you do, (and only if you do), these are the terms
which apply:
You must tell us you wish to cancel within 7 days of
your receipt of the Goods;
In any event, you may not cancel orders for specially
commissioned or personalised goods;
The Goods must be returned to us within 21 days of your
telling us you wish to cancel:
with both goods and all packaging in their original
condition;
securely wrapped;
including our delivery slip;
at your risk and cost.
After we have received the Goods, we will reimburse you
with the full purchase price of the goods returned no
later than 30 days from the date of receipt;
If you do not return the Goods to us, you are still
liable to us for the cost.
We are under no obligation to collect or recover Goods
from you, but if we do, our costs will be payable by
you.
Disclaimers
We or our Content suppliers may make improvements or
changes to Our Web Site, the Content, or to any of the
Goods, at any time and without advance notice.
You are advised that Content may include technical
inaccuracies or typographical errors.
We give no warranty and make no representation, express
or implied, as to:
the adequacy or appropriateness of the Goods for your
purpose.
the truth of any information given on Our Web Site;
any implied warranty or condition as to merchantability
or fitness of the Goods and Services for a particular
purpose;
compatibility of Our Web Site with your equipment
software or telecommunications connection.
compliance with any law;
non-infringement of any right.
Our Web Site contains links to other Internet web
sites. We have neither power nor control over any
such web site. You acknowledge and agree that we
shall not be liable in any way for the Content of any
such linked web site, nor for any loss or damage
arising from your use of any such web site.
We are not liable in any circumstances for special,
indirect or consequential loss or any damages
whatsoever resulting from loss of use, loss of data or
loss of revenues or profits, whether in an action of
contract, negligence or otherwise, arising out of or in
connection with your use of Our Web Site or the
purchase of Goods.
In any claim against us our liability is limited to the
value of the goods you have purchased in the contract
which is the subject of the dispute.
Content and Intellectual Property Rights
Title, ownership rights, and
intellectual property rights in the Content whether
provided by us or by any other Content provider shall
remain the sole property of us and / or the other
Content provider. We will strongly protect its
rights in all countries.
You may not copy, modify, publish, transmit, transfer
or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any
of the Content, in whole or in part, except as is
expressly permitted in this agreement.
You may download or copy the Content only for your own
personal use, provided that you maintain all copyright
and other notices contained in such Content. You may
not store electronically any significant portion of any
Content.
System Security
You agree that you will not, and will
not allow any other person to, violate or attempt to
violate any aspect of the security of the Installation;
you agree that you will in no way modify, reverse
engineer, disassemble, decompile, copy, or cause damage
or unintended effect to any portion of Our Web Site, or
any software used on Our Web Site, and that you will
not permit any other person to do so.
You understand that any such violation is unlawful in
many jurisdictions and that any contravention of law
may result in criminal prosecution.
Examples of violations are:
accessing data unlawfully or without consent;
attempting to probe, scan or test the vulnerability of
a system or network or to breach security or
authentication measures;
attempting to interfere with service to any user, host
or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing";
forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting;
taking any action in order to obtain Goods to which you
are not entitled.
You agree to indemnify us against any claim or demand,
including reasonable lawyers’ fees, made by any
third party due to or arising out of:
any violation of system security as set out above;
your use of Our Web Site;
any other breach or violation of this agreement by you;
the infringement by you, or by any other user of your
computer, of any intellectual property or other right
of any person or entity, or as a result of any
threatening, libellous, obscene, harassing or offensive
material contained in any of your communications.
Indemnity
You agree to indemnify us against any
claim or demand, including reasonable lawyers’
fees, made by any third party due to or arising in any
way out of your use of Our Web Site, or the
infringement by you, or by any other person using your
computer, of any intellectual property or other right
of any person.
Contractual Limitation
Where we provide Goods without specific
charge, then it (or they) is deemed to be provided free
of charge, and not to be associated with any other
service for which a charge is made. Accordingly,
there is no contractual nor other obligation upon us in
respect of any such goods.
Rights of third parties
Nothing in this agreement or on our web
site shall confer on any third party any benefit under
the provisions of the Contracts (Rights of Third
Parties) Act 1999.
Severability
If any of these terms is at any time held by any
jurisdiction to be void, invalid or unenforceable, then
it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws
of that jurisdiction and to prevent it from being void
and it shall be binding in that changed or reduced
form. Subject to that, each provision shall be
interpreted as severable and shall not in any way
affect any other of these terms.
No Waiver
No waiver by us, in exercising
any right, power or provision hereunder shall
operate as a waiver of any other right or of that same
right at a future time; nor shall any delay in exercise
of any power or right be interpreted as a waiver.
Dispute Resolution
In the event of a dispute arising out
of or in connection with these terms or any contract
between you and us, then you agree to attempt to settle
the dispute by engaging in good faith with us in a
process of mediation before commencing arbitration or
litigation.
Force majeure
We are not liable for any breach of our
obligations resulting from causes beyond our reasonable
control including strikes of our own employees.
Governing Law
This Agreement shall be governed by and
construed in accordance with the law of England.
This agreement shall not be governed by the United
Nations Convention on Contracts for the International
Sale of Goods, the application of which is hereby
expressly excluded.