Terms and Conditions
Terms and Conditions
Tones Music Store Ltd – Hereafter referred to as ‘Tones’.
‘Tones’ believe that all the products listed within our on-line shop are of the highest quality and represent excellent value for money.
If you have any suggestions or comments, please contact us at
Tones Music Store Ltd 6 The Rows, The High, Harlow, Essex, CM20 3PX
Phone: 01279 626600 Fax: 01279 443316
Email: tones.music@btconnect.co.uk
Making a purchase could not be easier. Just browse through the pages of our on-line store, click on the 'buy now' button for any items that you wish to buy and this will automatically place them into the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few necessary details that we need to be able to satisfy the order. You will receive an order acknowledgement/invoice from us once your order has been accepted.
All of the prices quoted within this web site include VAT and free delivery except when they are below the value of £20.00 to any destination in the mainland UK. Orders below the minimum value will incur shipping costs shown at the checkout. We are unable to provide a sales and delivery service outside of the UK.
We will normally despatch your order, if available from our stock, within 48 hours of receipt. If an item is out of stock we will e-mail you and advise anticipated delivery.
1. General
a) www.tonesmusic.co.uk is the Internet domain name registered to ‘Tones’.
b) All orders accepted by ‘Tones’ ('the Vendor') are subject to these terms and conditions. These terms and conditions shall form part of and govern the contract of sale between the vendor and purchaser.
c) These terms and conditions will be deemed accepted by the buyer upon placement of an order with ‘Tones’’.
d) These terms and conditions are non-negotiable and can not be changed or amended by any employee or representative of ‘Tones’, or any customer of ‘Tones’, with the exception of changes or amendments made in writing by a director of ‘Tones’.
e) Any term (or terms) imposed by a purchaser in writing or other form which adds to or amends or nullifies any or all of these terms is not accepted.
2. Price and Payment
a) All prices include Value Added Tax at the current rate.
b) ‘Tones’ reserves the right to change prices at any time without prior notice.
c) Prices quoted on the ‘Tones’ web site do not constitute an offer of sale.
d) If price changes affect accepted orders the customer will be given the option to cancel. The order will be held until the customer informs ‘Tones’ of their decision.
e) Payment will be taken upon despatch on all orders.
f) Payment must be made using a valid credit card or debit card that is accepted by ‘Tones’.
g) Cheques or other payment methods are not accepted by ‘Tones’.
h) ‘Tones’ reserves the right to reclaim any costs or losses from the purchaser due to payment being refused by the purchaser's credit or debit card issuer or bank.
j) Prices quoted on ‘Tones’ website are not applicable to in store purchases, unless otherwise indicated.
3. Contract Formation
a) A purchase will not take place until the purchaser completes the order form or in case of repeat customers confirms the order after logging in.
b) A contract of sale between the vendor and purchaser does not exist until an email has been sent to the purchaser confirming the order. ’Tones’ or the customer shall be able to cancel the contract in accordance with section 3.c. and section 3.d.
c) ‘Tones’ reserve the right to rescind the contract if there are any errors in the contract even if such errors are the fault of ‘Tones’. ‘Tones’ reserves the right to cancel the contract if goods should be unobtainable.
d) The purchaser may cancel the contract if the price quoted in the contract is in error or the goods are unobtainable within 28 days of placing the order.
e) Should ‘Tones’ fail to obtain payment or authorisation of payment from the purchasers credit or debit card issuer and the goods ordered have not been despatched then ‘Tones’ reserves the right to cancel the contract.
4. Availability and Despatch of Goods
a) All goods are offered subject to being unsold.
b) If goods are no longer available ‘Tones’ reserves the right to rescind the contract.
c) ‘Tones’ endeavours to despatch goods quickly however goods may take up to twenty-eight days for delivery. Delivery times quoted online or by phone are estimated dates only, and are subject to stock availability and courier service performance.
d) Goods will only be despatched to the cardholder address of the card used for payment of goods.
e) Risk of damage or loss of goods will pass to the purchaser at time of delivery to the address the purchaser specifies. It is advisable to check your order before accepting delivery.
f) ‘Tones’ cannot accept claims for goods damaged in transit if the goods have been accepted from the courier as 'in good condition'.
g) If the purchaser is not available to accept delivery of goods risk for loss or damage of goods will pass to the purchaser at the time when ‘Tones’ has tendered delivery of the goods.
5. Property
a) All goods remain the property of ‘Tones’ until payment is made in full.
b) If ‘Tones’ has not received all amounts owing for the sale of goods and in the event of the purchaser reselling any goods purchased from ‘Tones’ the purchaser shall account to ‘Tones’ for the proceeds of any sale of goods originally purchased from ‘Tones’ until ‘Tones’ has received such amounts in full.
c) At any time when goods have not been paid for in full the vendor reserves the right to enter the purchaser’s premises at the expense of the purchaser to remove from there all goods which remain the property of vendor.
6. Security/Liability for loss
a) ‘Tones’ accepts no liability for the computer system or other technologies used by the purchaser to access ‘Tones’ web site.
b) The purchaser is solely liable for the personal and payment details they enter into their computer. Some web browsers store information in a local cache this being the case end users are advised they are responsible for deleting this information and ‘Tones’ excludes all liability for any losses sustained resulting from information being compromised.
c) Whilst ‘Tones’ make every effort to provide purchasers with a secure shopping environment ‘Tones’ cannot except any liability for losses incurred or sustained by purchasers who transmit credit card details using the Internet.
d) ‘Tones’ requires purchasers to access the site using Internet Web browsing software that supports cookies and Secure Socket Layer Encryption ('SSL').
7. Claims
a) ‘Tones’ accepts no liability for any claim for damage or non-functionality unless the purchaser notifies ‘Tones’ in writing within three working days of delivery of the goods.
b) ‘Tones’ accept no liability for any claim for goods with missing components or goods differing in quality or description from the delivery note unless the purchaser notifies ‘Tones’ in writing within three working days of delivery of goods.
c) ‘Tones’ accept no liability for any claim resulting in purchasers being unable to access the ‘Tones’ web site for what ever reason.
8. Returned Goods
a) The purchaser shall be responsible for all costs for all carriage, telephone, postal and all other costs incidental or otherwise incurred obtaining or returning any goods from ‘Tones’ except for return carriage where goods are received in damaged or faulty condition
b) Goods may not be returned to ‘Tones’ without prior authorisation.
c) Any goods returned to ‘Tones’ without prior authorisation will be rejected.
d) Goods returned as faulty that are found to be in good order with no defects may incur a service charge.
e) The purchaser is responsible for the goods and any loss or damage until received by ‘Tones’.
f) The onus of proof is with the purchaser to prove safe delivery.
g) No credit will be given for any goods until they are returned complete, unaltered, and in original condition.
h) A full credit will only be given on items returned within 7 working days.
i) If a credit is given the return carriage charge will not be refunded.
9. Consequential Loss
a) The full extent of vendor liability to the purchaser in the event of any breach or default or claim however so arising shall not exceed the invoice value of the goods.
b) ‘Tones’ shall not be liable in any circumstances to the purchaser or any customer of the purchaser in respect of any loss or damage incurred whether direct or indirect or consequential or however else arising.
10. Trademarks and Copyright
a) The ‘Tones’ website and associated material is protected by copyright and other intellectual property rights.
b) Permission is granted to purchasers and prospective purchasers at ‘Tones’, to electronically copy and print in hard copy portions of the ‘Tones’ web site for the sole use as a resource to aid in shopping on ‘Tones’. Any other use or copying of material on the Web site is strictly prohibited.
c) Products and company names mentioned may be trade marks or registered trade marks of their respective owners. ‘Tones’ does not grant any permission whatsoever in respect of use of any of the above such use may constitute an infringement of the holders rights.
11. Misuse, abuse and criminal activity
a) Any persons found to be engaging in criminal activity against the ‘Tones’ website or other systems will be prosecuted to the full extent of the law.
b) The website address and contact details provided on this site are for the use of ‘Tones’ customers and prospective customers only.
c) Any use of the ‘Tones’ website or email address by any person or organisation other than customers or prospective customers is strictly forbidden.
d) The email addresses provided on this site are for the use of customers to contact ‘Tones’. Use of the addresses by anyone else is strictly forbidden.
e) Any organisations or persons who use the ‘Tones’ email addresses for the purpose of marketing or sending unsolicited email or any other use other than that of normal customer use will be subject to an administration charge of £10 including VAT.
f) Any person or organisation who sends ‘Tones’ unsolicited or 'spam' email will be prosecuted to the full extent of the law if a criminal offence has taken place and in any case will be reported to the relevant authorities and service providers.
g) Any email sent to ‘Tones’ not from a customer and not solicited directly by ‘Tones’ will be considered unsolicited.
h) Any use of any of the contact details provided on the Web site is strictly forbidden with the exception of ‘Tones’ customers who may use the details to contact ‘Tones’. None of the contact details may be used by any person or organisation for any reason including direct marketing purposes.
i) The sale of the contact details email or otherwise for ‘Tones’ for any purpose or reason is strictly prohibited.
j) Any persons or organisations found to be attempting or actually breaching the security of ‘Tones’ will be prosecuted to the full extent of the law.
k) Any person who obtains secured or sensitive information from ‘Tones’ however such material is obtained will be prosecuted to the full extent of the law.
l) Downloading of computer programme code from the ‘Tones’ web site is strictly forbidden with the exception of browser use of HTML code and JAVA Script.
m) The downloading of any directory listings from the ‘Tones’ website is strictly forbidden. Use of original text, images, sound or other material for commercial purposes is strictly forbidden.
n) The application of any algorithm to an intercepted encrypted transmission between the ‘Tones’ website and any other computer system is strictly prohibited.
o) The storage of any intercepted encrypted transmission is strictly prohibited.
p) The use of any software program to access the ‘Tones’ web site is strictly forbidden with the exception of Web browser software and 'spider' or other software from Search Engines to which ‘Tones’ has asked to be added.
q) Any person found to be using stolen credit or debit cards will be reported to the police and relevant authorities.
r) Any theft of any kind from ‘Tones’ will be prosecuted to the full extent of the law.
12. Law and Jurisdiction
a) All dealing between ‘Tones’ and the purchaser shall be governed by the laws of England and the Courts of England shall have exclusive jurisdiction over all matters arising pursuant thereto.
b) If any part of these terms and conditions is found to be unlawful it shall not affect the validity of the remainder.
c) In the case of consumer sales only the statutory rights of the consumer are unaffected by these terms and conditions.
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