General
Welcome to the reidys.com Website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions in their entirety, you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions or enquiries about orders you are going to make, please contact us by e-mail at sales@reidys.com (including your order reference number if possible) or call us on 01254 265212 when lines are open. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
1. Definitions
1.1 "Conditions" means these terms and conditions; “Contract” means the Contract formed pursuant to Section 9 of these Conditions in respect of the Product(s) ordered by You ; “Order” means an order placed in respect of Product(s); "Product(s)" means a product or products displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of an individual Product are provided; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Reidy's Home Of Music Ltd; "Website" means the Website located at http://www.reidys.com or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.
1.2 Except where the context otherwise requires words denoting the singular include the plural and vice versa.
2. Use of the Website
Access
2.1 You are provided with access to this Website in accordance with these Conditions and any Orders placed by you must be placed strictly in accordance with these Conditions.
Registration
2.2 You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
(i) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
(ii) You will notify us immediately of any changes to the Personal Information by contacting us by e-mail at websales@reidys.com or by calling us on 01254 265 212, Monday to Saturday between 9:00 a.m. and 5:30 p.m.
3. Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
4. Our rights
4.1 We reserve the right to:
(i) Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(ii) Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website;
(iii) Change prices at any time without prior notice;
(iv) To rescind the Contract if there are any errors in the Contract even if such errors are the fault of Reidy’s Home of Music Ltd;
5. Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
6. Privacy
6.1 We will treat all your Personal Information as confidential.
6.2 When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card other payment information and a password.
6.3 We use your Personal Information for the purposes of processing your orders and do not provide it to any third parties except those required to obtain authorisation for payment transactions and those who will help process your order.
6.4 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
7. Security
7.1 We accept no liability for the computer system or other technologies used by user to access the Website.
7.2 You are 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 we exclude all liability for any losses sustained resulting from information being compromised.
7.3 Whilst we make every effort to provide you with a secure shopping environment we cannot except any liability for losses incurred or sustained by you when transmitting credit card details using the Internet.
7.4 You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify us of any unauthorised use of your account or password and any breach of security or misuse or suspected breach or misuse of the service, and ensure that you exit from your account at the end of each session if you share a computer, or another person has access to your computer. We will not be liable for any loss or damage arising from your failure to comply with this clause. We require you to access the site using Internet Web browsing software that supports cookies and Secure Socket Layer Encryption ("SSL").
8. Purchase of Products
8.1 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your Order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
8.2 By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time including, but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, and authorise individual purchase transactions.
8.3 If your Order hasn't arrived, or arrives incomplete or damaged, please contact us by using the online returns form facility, or by e-mail at websales@reidys.com or calling us on 01254 265 212 Monday to Saturday between 9:00 a.m. and 5:30 p.m.
9. Contract Formation
9.1 The technical steps required to create the Contract between you and us are as follows:
9.2 You place your order on the Website by completing the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
9.3 We will send to you a confirmation email detailing the Product/s you have ordered. This is not an Order confirmation or Order acceptance from us. Order acceptance and the completion of the Contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your Order.
9.4 Non-acceptance of an Order may be a result of one of the following:
(i) The Product you ordered being unavailable from stock;
(ii) Our inability to obtain authorisation for your payment;
(iii) The identification of a pricing or Product description error;
(iv) There is a system or procurement failure; or
(v) You not meeting the eligibility to order criteria set out in the Conditions.
9.5 The Contract will be concluded in English.
9.6 The details of your specific Contract will not be filed by us. If you do require any information regarding an Order you have placed with us using the Website, please write to us at the following address:
Reidys Home of Music,
Showroom 2 Glenfield House,
Glenfield Business Park,
Blackburn, BB1 5PF
UK
10. Change or cancel an Order
10.1 You can change or cancel a standard Order prior to it being despatched, by contacting us by e-mail at websales@reidys.com or by calling us on 01254 265 212 Monday to Saturday between 9:00 a.m. and 5:30 p.m. Please have the Order number and date the Order was placed to hand.
10.2 Special orders for items that have to be made or altered specially for you cannot be canceled once the itemis in production.
11. Description of Products/Availability
11.1 Each Product purchased is sold subject to its Product Description which sets out additional specific conditions related to that Product including, without limitation, terms and conditions concerning when the Product will be in Stock, estimated delivery dates and times, warranties, after-sales service and guarantees.
11.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. All prices are shown in United Kingdom Pounds Sterling and include Value Added Tax (VAT) at the current rate. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an Order.
11.3 In the case of an extended guarantee period provided by Us beyond or in addition to the normal manufacturer guarantee :
Conditions:
(i) The original invoice or sales receipt must accompany the defective Product, along with a statement detailing the fault. In the absence of this clear proof of purchase, We reserve the right to refuse to provide free of charge service.
(ii) The Product must not have been the subject of any modifications or alterations.
(iii) The following are excluded from this guarantee:
a. Periodic maintenance and repair or replacement of parts due to normal wear and tear.
b. Damage resulting from: Repair done by the customer or by an unauthorised third party; Inadequate packaging or mishandling, when the Product is in transit from the customer. Please note that it is the returner’s responsibility to ensure the Product is adequately packaged when returning the Product for repair. Misuse, including but not limited to (a) failure to use the product for its normal purpose or in accordance with the manufacturer's instructions on the proper use, maintenance and storage, and (b) installation or use of the Product in a manner inconsistent with the technical or safety standards in force in the country where it is used. Accidents, lightning, water, fire, improper ventilation, battery leakage or any cause beyond our control. Defects of the system into which this Product is incorporated and/or incompatibility with third party products. Use of a Product where that Product does not conform to the technical or safety standards of the country of use and/or to the standard specification of a Product sold.
(iv) Where the guarantee differs between the country of purchase and the country of use of the product, the guarantee of the country of use shall apply.
(v) We may not be held responsible for any losses or damages, whether direct, consequential or otherwise, save for the repair or replacement of the Product.
12. Delivery
12.1 We endeavour to despatch Products quickly however some Products may take up to twenty-eight days for delivery. Delivery times quoted online or by telephone are estimated dates only, and are subject to stock availability and service performance of the courier or postal service and we shall not be under any liability for any delay or failure to deliver Products within estimated timescales.
12.2 Products will only be despatched to the cardholder address of the card used for payment of Products. Any redirection of an Order after despatch may incur extra charges.
12.3 Risk of damage or loss of Products will pass to you at time of delivery to the address you specify. It is advisable to check your Order before accepting delivery.
12.4 We cannot accept claims for Products damaged in transit if the Products have been accepted from the courier as "in good condition" after a reasonable inspection time.
12.5 If you are not available to accept delivery of Products, risk for loss or damage to Products will pass to you at the time when delivery of the Products has been tendered on our behalf.
12.6 Occasionally, we, or our delivery partners may need to take written or photo evidence of delivery to your address. This is only used for proof of delivery purposes.
Please see ‘Delivery Information’ on the Website for further delivery information.
13. Price & Payment
13.1 Prices of Products appearing on the Website do not constitute an offer for sale.
13.2 We cannot confirm the price of a Product until your order is accepted upon dispatch.
13.3 We reserve the right to amend the Price of any Product prior to its dispatch. If price changes affect Orders made, you will be given the option to cancel and the Order will be held for a reasonable period until you inform us of your decision. If we are unable to contact you, or you do not reply to us within a reasonable period regarding your decision, we will treat the Order as cancelled.
13.4 Card Payment will be made in full before dispatch of Orders, made using a valid credit card or debit card that is accepted by us and supplied with valid card and billing address details.
13.5 Cheques or other payment methods may be accepted by us with prior arrangement only and may be subject further qualifications and/or to an administration fee and can take up to 14 days to clear.
13.6 We reserve the right to reclaim any costs or losses from you due to payment being refused by your credit or debit card issuer or bank.
13.7 Prices quoted on the Website are not applicable to in store purchases, unless otherwise indicated.
13.8 Black Friday Price Promise. This promise is applicable to orders placed through reidys.com only, and only for items with listed price reduced on reidys.com between the dates specified in the promotion .
14. Property
14.1 All Products remain the property of Reidy's Home of Music Ltd. until payment is made in full.
14.2 If we have not received all amounts owing for the sale of Products, and in the event of you reselling any Products purchased from us, you shall account to us for the proceeds of any sale of Products originally purchased from us until we have received payment in full.
14.3 At any time when Products have not been paid for in full, we reserve the right to pursue any and all means available under the law to reclaim said Products.
15. Refunds
15.1 We hope you'll be pleased with your purchase. If you should change your mind, and wish to return a Product bought through a distance sale, we'll be happy to refund or exchange a Product providing it's in fully re-saleable condition and returned within 14 days of you receiving the Product.*
15.2 If the Product returned is not in fully re-saleable original condition, or not its original packaging, or the packaging is damaged, we do reserve the right to refuse a refund on the item, or to deduct an amount from the original selling price.*
15.3 Refunds can only be made to the original card or method of purchase. This may include return of goods in the case of a part exchange. Refunds to a card or method other than the original can only be processed under the following circumstances:
(i) The original account no longer exists;
(ii) The original account details have expired, or in the case of part exchange the original exchanged goods are no longer available;
15.4 No refunds can be given for carriage or other costs incurred without our prior written authorisation.
15.5 Refunds may not be given on deposits or payments for items specially ordered , made or altered specifically for you.
16. Returns
16.1 You shall be responsible for all costs of carriage including, telephone, postal and all other costs incidental or otherwise incurred in returning any Products you have purchased from us, except where Products received by you are damaged or in faulty condition.
16.2 Products returned without our prior authorisation may be rejected if the Products are not eligible for return.
16.3 You are responsible for the Products and any loss or damage until they are received by us.
16.4 The onus of proof is with you to prove safe delivery.
16.5 If a credit is given on undamaged items the return carriage charge will not be refunded.
16.6 Any Products returned by a courier contracted by you, found to be damaged in transit may be refused so that you can initiate damage claims with their courier.
16.7 Products returned as faulty that are found to be in good order with no defects may incur a service charge payable by you.
16.8 Certain software items are not eligible for return if opened and/or registered. Guitar setup and initial configuration/setup on some electronic devices are not considered to be faults. Due to hygiene reasons we are unable to accept non-faulty returns for used in-ear headphones, vocal microphones or harmonicas. Items made or altered specifically for you may also not be eligible for return.
16.9 Subject to notification from you to us of a faulty or damaged Product within 30 days of receipt of the Product , we will refund the purchase price of any faulty or damaged Product upon return of the Product.*
17. Delivery charges on returns where a Product is faulty or damaged
17.1 Subject to Clause 16.9, where any Product is faulty or damaged , We'll refund the outbound delivery charge ( up to an amount of our standard delivery costs) and your return delivery charges ( up to an amount of our standard delivery charges) upon return of the faulty or damaged Product.
18. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013/3134 ("Regulations")
18.1 When you buy online or by phone, you have additional rights as a consumer under the above Regulations. This means that if you as the purchaser notify us of your wish to cancel a contract within 14 days of receiving a Product ordered under any Contract, we’ll refund you both the purchase price and any outbound delivery charge paid by you (up to the amount of our standard delivery charges) on return of the Product to us. Please make sure you take reasonable care of the Product while it's in your possession, and that it's returned to us unused. We recommend that any notification of cancellation is in writing and in the form of notice attached under Schedule 1 to these Conditions. Please note that you are responsible for the cost of return delivery.
19. Disposal
19.1 Since 1 July 2007, the Waste Electrical and Electronic Equipment (WEEE) Directive has been law in the UK.
19.2 Electrical and Electronic Equipment is one of the fastest growing waste streams in the UK, increasing by at least 5% each year. Much of this waste can be recycled, and the resources recovered to make new consumer goods. The WEEE regulations aim to increase the recycling quantity of electrical and electronic items, and encourage everyone to play a part in protecting our environment for future generations.
19.3 Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol. Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.
19.4 We are obliged under these regulations to offer our customers free take-back of their WEEE items on a like-for-like basis when they buy a new Electrical or Electronic Product from us. For example, if a you bought a new Electric Guitar from us, we would accept your old electric guitar and prevent it going into a landfill site by disposing of it safely. You must return your WEEE item to us (at your own expense) within one calendar month of purchasing the new item.
20. General
Intellectual property and right to use
20.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
20.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
20.3 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
21. Misuse, Abuse & Criminal Activity
21.1 Any persons found to be engaging in criminal activity against the Website or other systems will be prosecuted to the full extent of the law.
21.2 The Website address and contact details provided on this site are for the use of Reidy's Home of Music Ltd. customers and prospective customers only.
21.3 Any use of the Website or email address by any person or organisation other than customers or prospective customers is strictly forbidden.
21.4 The email addresses provided on this site are for the use of customers to contact Reidy's Home of Music Ltd.. Use of the addresses by anyone else is strictly forbidden.
21.5 Any person or organisation which sends us unsolicited or "spam" email will be prosecuted to the full extent of the law where a criminal offence has taken place and in any case will be reported to the relevant authorities and service providers.
21.6 Any email sent to us not from a customer and not solicited directly by us will be considered unsolicited.
21.7 Any use of any of the contact details provided on the Website is strictly forbidden with the exception of Reidy's Home of Music Ltd. customers who may use the details to contact us. None of the contact details may be used by any person or organisation for any reason including direct marketing purposes.
21.8 The sale of the contact details email or otherwise for Reidy's Home of Music Ltd. for any purpose or reason is strictly prohibited.
21.9 Any persons or organisations found to be attempting to breach or breaching the security of Reidy's Home of Music Ltd or the Website will be prosecuted to the full extent of the law.
21.10 Any person who obtains secured or sensitive information from Reidy's Home of Music Ltd., however such material is obtained, will be prosecuted to the full extent of the law.
21.11 Downloading of computer programme code from the Website is strictly forbidden with the exception of browser use of HTML code and JAVA Script.
21.12 The downloading of any directory listings from the Website is strictly forbidden. Use of original text, images, sound or other material for commercial purposes is strictly forbidden.
21.13 The application of any algorithm to an intercepted encrypted transmission between the Website and any other computer system is strictly prohibited.
21.14 The storage of any intercepted encrypted transmission is strictly prohibited.
21.15 The use of any software program to access the Website is strictly forbidden with the exception of Web browser software and "spider" or other software from Search Engines to which Reidy's Home of Music Ltd. has asked to be added.
21.16 Any person found to be using stolen credit or debit cards will be reported to the police and relevant authorities.
21.17 Any theft of any kind from Reidy's Home of Music Ltd. will be prosecuted to the full extent of the law.
22. Limitation of liability
22.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
22.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
22.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
22.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
22.5 Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. In addition, nothing in these Conditions shall remove our liability to supply Products that are in conformity with the Contract .
22.6 We accept no liability for any claim for Products with missing components or Products differing in quality or description from the delivery note unless you notify us in writing within a reasonable time after delivery of the Products.
22.7 We accept no liability for any claim resulting in you being unable to access the Website.
22.8 We cannot be held liable for any loss of time or earnings in the event of a faulty Product
23. Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
24. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
25. Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
26. Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Reidy's Home of Music Ltd. and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
27. Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
28. Contact
The registered company address of Reidys Home of Music, Showroom 2 Glenfield House, Glenfield Business Park, Blackburn, BB1 5PF
* Your Statutory Rights are not affected by these Conditions.
Schedule 1
Form of Cancellation
To: Reidy’s Home of Music Limited, Unit 1 Nab Lane, Blackburn, Lancashire BB2 1LN:
email: websales@reidys.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] Contract for the sale of the following goods [*] /and for the supply of the following services [*],
Order Number:
Ordered on [*]/received on [*]
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date:
[*] Delete as appropriate