TERMS & CONDITIONS
Welcome to thegiftofmusic.com website which is owned by Classical Communications Ltd T/A The Gift of Music (in this Agreement, "The Gift of Music", "we", "us" or "our").
1.The Contract between you and us
When buying goods or services on the internet, you are entering a legally binding contract. We must receive payment in whole for the price of the goods that you order before your order can be accepted.
We will email you to confirm that your order has been received by us to the email address provided by you. This is not an Order Acceptance from Gift of Music.
Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3. You will receive another email once your order is dispatched.
Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.
2. Pricing, Discount Codes & Offer Vouchers
1. The prices payable for goods that you order are as set out in our website. All of our prices are stated in UK Pounds (£) Sterling and you will be billed in this currency.
2. If you purchase from outside the UK, currency fluctuations and charges levied by your bank or card provider may make a difference to the amount billed on your credit/debit card.
3. Where we show a reduced price on our website the following shall apply. The 'was' price is the highest price the item has been offered for sale by The Gift of Music. In all cases the 'was' price will have applied for a continuous period of 28 days or more.
2. Promotional/Discount codes.
1. Promotional discount codes may occasionally be published by us or through third parties which may apply in respect of any, or particularly designated, purchases made though this website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
2. Further to the above, discount codes for free gift items can only be redeemed in conjunction with the purchase of a full -price item.
3. Discount codes cannot be applied to purchases of e-vouchers.
3. Special Offers & Free Delivery.
1. All special offers available for purchase without the use of a promotional/discount code are limited whilst stocks last.
2. Free Delivery offers apply to standard delivery only and do not include express/next day delivery options. Such offers may be extended or removed at any time.
1. Cancellation by you
1. Subject to 3.1.3 below, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty, although we value any comments or suggestions that may help us improve our service.
2. Your right to cancel your contract with us for the goods you have ordered is subject to:
1. You not having removed any security tags from the item.
2. The item(s) cannot be made to order or have a bespoke personal message, which due to their unique nature, cannot be exchanged or returned unless they are faulty.
3. All requests for return for refund must be made within 7 days of delivery, and refunds can only be made to the original purchaser's card.
3. To cancel your contract you must complete the returns form that was included with the delivery of your order and enclose it in the parcel you return to us. Please use the pre-printed returns label to address your package, but don't forget to affix the correct postage before sending. We recommend that you obtain a certificate of posting from the Post Office for any returned items, as you are responsible for the goods until they reach us.
4. Any sum debited from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order only once the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
5. If you choose to return your item for an exchange, rather than a refund, please use the returns form to specify which item you wish to receive in it's place. If the new items are cheaper, we will refund the difference. If the items cost more, please enclose a cheque for the increase difference with your return parcel, or specify your card payment details on the returns form.
6. We will only refund the cost of postage to return an item if you have been sent incorrect goods or they are faulty or damaged. The refund will be credited to the card used for the original purchase. - Click here for more returns information
2. Cancellation by us
1. We reserve the right to cancel the contract between you and us if:
1. We have insufficient stock to deliver the goods you have ordered;
2. We do not deliver to your area; or
3. One or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2. If we do cancel your contract we will notify you by email or by telephone, and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
1. Our delivery options and charges are specified on our website. Certain products may incur additional delivery costs when shipped outside of the UK. You will be informed on any applicable product page where this is the case. Please note that it may not be possible for us to deliver to some locations.
2. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to take delivery of the goods from the delivery service used.
3. You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
4. We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
5. If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
5.Limitation of Liability
1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question.
2. The Gift of Music endeavors to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and will not be responsible for any errors or omissions or for the results arising from the use of such information.
3. If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:
1. to make good any shortage or non-delivery; or
2. to replace any goods that are damaged or defective; or
3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.2.3 above.
5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. We cannot be held responsible for any delays once the goods have left us and are in possession of the delivery carrier.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by email to our contact address at email@example.com and all notices from us to you will be displayed on our website from time to time.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
1. Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
2. Third Party links: We may include hyperlinks on this Site to other websites or resources operated by parties other than The Gift of Music, including advertisers. The Gift of Music has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external websites or resources.
10. Governing Law
Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
11. Entire Agreement
2. We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
12. Trade Marks
The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of The Gift of Music. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website may constitute an infringement of the owners' rights.
13. Events Beyond our Control
We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
14. Our Rights
We reserve the right to 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.
16. Registration Information
Classical Communications Ltd
Registered in the UK No: 03486024
Company VAT No: 685 7144 01