GEAR4MUSIC TERMS & CONDITIONS - updated 8th August 2016


PRIVACY AND COOKIE POLICY

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.

These terms can be accessed via this URL at all times. For future reference you may save a copy of these terms to your machine so they may be accessed at a later date.


INFORMATION WE COLLECT

Our primary goal in collecting personal information from you is to provide you with a smooth, efficient, and personalised experience while using our web-site. This allows us to provide services and features that most likely meet your needs, and to customise our service to make your experience easier and quicker.

To fully use our web-site and make purchases, you will need to register as a customer, where you will be required to provide us with your contact information and some other information relating require to process any orders you place with us. We automatically track certain information about you based upon your behaviour on our site. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand and serve our users.

We use a web analytics tool to analyse site usage, how our users arrive at our site, what they do on the site, what browser they are using and on what operating system etc. However, this analytics data, collected via a JavaScript tag in the pages of our site, is not tied to personally identifiable information.


COOKIES

We use a number of different cookies on our site. If you do not know what cookies are, or how to control or delete them, then we recommend you visit http://www.aboutcookies.org for detailed guidance.

The following describe the cookies we use on this site and what we use them for. Currently we operate an 'implied consent' policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete Gear4music.com cookies having visited the site, or you should browse the site using your browser's anonymous usage setting (called "Incognito" in Chrome, "InPrivate" for Internet Explorer, "Private Browsing" in Firefox and Safari etc...).

We use many cookies to enhance the shopping experience for the user, these include:

Advertising Cookies - we advertise Gear4music on a number of third party websites and ad networks, and use cookies to track which sites you clicked on. These include AdNxs, Click Fuse, Five.tv, Google Double Click, Guardian.co.uk and Rubicon Project.

Affiliate Cookies - allows us to track how you found Gear4music through external websites, and in some cases reward those websites.

Criteo - provides users with personalised adverts when visiting selected other websites. These adverts are based on the products that you have been viewing on the Gear4music website, and may also show products similar to those you originally looked at.

Google Analytics - provides us with information about how users use the site enabling us to improve and refine customers' experience of Gear4music. User data is all anonymous. You can find out more about Google's position on privacy as regards its analytics service at http://www.google.co.uk/intl/en/analytics/privacyoverview.html

QuBit - to ensure effective delivery of our cookies and to provide optimum user experience, we use QuBit to manage our cookies. It does not track information itself, but remembers specific tasks that we tell it to do.


SESSION COOKIES

We use a session cookie to remember your log-in for you and what you've put in the shopping basket. These we deem strictly necessary to the working of the website. If these are disabled then various functionality on the site will be broken - including the ability to place orders.


THIRD PARTY COOKIES

Some cookies used on our site are provided by third-parties, for example pages that contain embedded content, such as YouTube videos, may send you cookies. These cookies are out of our control and you should check these third-party sites for further information.


SHARE TOOLS


If you use social networks, such as Facebook and Twitter, to share information from the Gear4music website, you may be sent cookies from these websites. These cookies are out of our control and you should check these third-party sites for further information.


CUSTOMER COMPLAINTS

In the event of the customer needing to make a complaint, firstly they should call or email customerservices@gear4music.com or alternatively use the online form within our contact us page on Gear4music.com. In many cases, a complaint is best resolved by the person responsible for the issue in question. If the complaint has been received by that person, they may be able to resolve it swiftly and will do so if possible and appropriate.

Whether or not the complaint has been resolved, the complaint information will be passed to the customer service manager within one week. On receiving the complaint, the customer service manager records it in the complaints log. In the event it has not already been resolved, they delegate an appropriate person to investigate and to take appropriate action. If the complaint relates to a specific person, they should be informed and given a fair opportunity to respond. Complaints should be acknowledged by the person handling the complaint within 3 working days.

The acknowledgement should say who is dealing with the complaint and when the person complaining can expect a reply. Ideally complainants should receive a definitive reply within 2 weeks. If this is not possible because for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given. Whether the complaint is justified or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint. If the complainant feels that the problem has not been satisfactorily resolved at stage one, they can request that the complaint is reviewed at Board level. At this stage, the complaint will be passed to the board of directors. The request for Board level review should be acknowledged within a week of receiving it. The acknowledgement should say who will deal with the case and when the complainant can expect a reply.


TERMS AND CONDITIONS

No statement or condition of sale contained within these terms affects or restricts your statutory rights as defined under The Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013.

All orders for goods accepted by Gear4music Limited (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 15 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.

We store the content of this contract and will send you the details of your order as well as our general terms via email. You can find the terms here at all times. The details about your recent orders can be found in your customer login.


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. As indicated on the product page, delivery dates are provided as an estimate only - the vendor will use its best endeavours to comply with the date named for delivery. 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 7 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 7 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 30 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
    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 30 days of delivery.

Providing you let us know within seven days of delivery to you, we will refund standard delivery charges and we offer a free of charge way to return the item:

For items under 20 kg (e.g. electric guitars, violins, MIDI keyboards etc…):
We can collect your item from a DPD Pickup Shop – search for your most convenient pickup location here. Alternatively, we can also collect from an address you specify for a 5.00 pounds collection charge.

For items over 20 kg (e.g. drum kits, double basses etc…):
We can collect your item from an address you specify.


Collection requests made after seven days will incur a collection charge, the amount of which depends on the size and weight of the item.


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.

If items are returned within 30 days from delivery without the original boxes and packaging a re-stocking charge may be applied.

Some items are only eligible for money back guarantee if they are returned to us unused and sealed in the original packaging, and in the case of software, unregistered. These items include:

  • Software
  • CDs & DVDs
  • Headphones and In-ear Monitors
  • Earplugs and Ear Protection
  • Mouthpieces, Reeds etc… for Woodwind and Brass instruments
  • Mouth / Lip Care Products

  • We are unable to accept returns of any custom made items designed to work together as a unique package, such as computer system built to a customer’s personal specifications. Exceptions may only be possible with prior agreement of the vendor, and may be subject to a cancellation and restocking fee of 25% minimum, providing the goods are in original stock condition.


    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 60 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 30 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 30 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.


    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.

    Instead of our standard 30 day Money Back Guarantee, there is up to 90 days available (the exact amount of days is stated on the product page). This is subject to the following:


    For return requests made within 14 days from delivery:
    We offer a free of charge way to return the item, and any standard delivery charges applied to your order will be refunded.

    For items under 20 kg (e.g. electric guitars, violins, MIDI keyboards etc…):
    We can collect your item from a DPD Pickup Shop – search for your most convenient pickup location here. Alternatively, we can also collect from an address you specify for a 5.00 pounds collection charge.

    For items over 20 kg (e.g. drum kits, double basses etc…):
    We can collect your item from an address you specify. Delivery charge refunds and free collections exclude delivery upgrade options including 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 90 days from delivery), you must send the products back to us, or alternatively we can arrange collection for a fee depending on the size and weight of the item. The original order delivery charges will be refunded, providing it is within 30 days from delivery. The extended warranty charge you originally paid will not be refundable.


    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 pound sanitization fee.

    The extended money back guarantee does not include goods damaged in transit that are reported after 7 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.


    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 7 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 7 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:

    UK Extended Warranties:

    If goods become defective within the first two years of your ownership we will collect the goods and deliver them back to you free of charge.

    If you have an item that becomes faulty within the first 60 days of your ownership we will collect the items from an address you specify.

    If you have an item that becomes faulty after the first 60 days but within the first six months of your ownership:

    For items under 20 kg (e.g. electric guitars, violins, MIDI keyboards etc…):
    We can collect your item from a DPD Pickup Shop – search for your most convenient pickup location here. Alternatively, we can also collect from an address you specify for a 5.00 pounds collection charge.

    For items over 20 kg (e.g. drum kits, double basses etc…):
    We can collect your item from an address you specify.

    After two years of ownership we will make a small charge to cover our direct costs of collecting and returning the goods back to you.



    International Extended Warranties:
    For orders delivered outside of the UK, the extended warranty terms may vary depending on the country between one and two years, and this will be clearly stated. If goods become defective within the first one or two years of your ownership we will collect the goods and deliver them back to you free of charge. After one or two years of ownership we will make a small charge to cover our direct costs of collecting and returning the goods back to you.

    Outlying Areas

    For customers in some outlying areas of the UK (e.g. Isle of Man), the price of the Extended Warranty may be marginally higher, due to the potential for higher collection and re-delivery transport costs. You will be able to see this price when you enter your address details during checkout.


    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 30 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 must 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

    OUTLYING AREAS:

    For customers in some outlying areas of the UK (e.g. Isle of Man), the price of the Extended Warranty may be marginally higher, due to the potential for higher collection and re-delivery transport costs. You will be able to see this price when you enter your address details during checkout.


    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 offer and is operated and financially backed by Gear4music Limited. The Financial Services Compensation scheme does not apply to this warranty and monies are not ring-fenced from Gear4music 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.