Terms & Conditions
Terms & Conditions (for Business Customers)
Download our terms and conditions for business customers, effective 17th April 2020 here.
Terms & Conditions (for Consumers)
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1.1 Please read these terms and conditions carefully before using the service operated by Warwick Music Ltd (‘Warwick Music’, ‘our’, ‘we’ or ‘us’) of The Hayloft, Rock Farm Business Centre, Tamworth, B79 0LA, United Kingdom company number 4371344 and VAT registered number GB-781 7449 92. In particular, we draw your attention to clause 10 (Liability). By ordering you indicate you have read and you agree to be legally bound by these terms and conditions.
2. Nature of our service
2.1 Our service allows you to select and order music related items which you might consider are appropriate for you and ancillary products (the ‘Products’). Our website describes the Products in more detail.
2.2 Please note that our service is available only to individuals that can form legally binding contracts under applicable law. The contents of our website are suitable for and thus aimed at users of over 18 years of age, you must be over 18 years to purchase the Products, using the payment method displayed on our website.
2.3 If viewing or ordering from us is illegal in the country in which you are doing so, you are not authorised to do so.
3. Buying products
3.1 To order a product you will need to follow the ordering procedures set out on our website or elsewhere. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website.
3.2 Any times or dates stated for delivery are estimates only, given the distances, security and varying customs rules that may be involved. Warwick Music will make all reasonable effort to deliver goods within the time specified but does not accept liability for any failure to deliver within that time.
3.3 You must pay by credit or debit card (or as shown on the Order page) at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Products correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.4 Warwick Music is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic or other convenient means (Confirmation) to the e-mail or other address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
3.5 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4. Extended warranty
4.1 Where you have elected to purchase our extended five-year warranty in relation to any products you purchase from us, this extended warranty will apply subject to this Clause 4.
4.2 In addition to the manufacturer’s standard warranty period, we guarantee that all products will be free from manufacturing defects for five years from the date of purchase.
4.3 Defective products will be repaired free of charge or, at our option, replaced by a fully functional equivalent (in some cases a later version) providing that the products are returned to us, delivery paid and suitably packaged within five years from date of purchase, together with a copy of the original sales invoice.
4.4 All products are guaranteed for this five-year period provided that:
(a) payment has been received by us for the 5-year extended warranty;
(b) products have not been subject to damage or loss from ordinary use;
(c) the manufacturing defects do not relate to a cosmetic or finish fault as these are not covered by our five-year warranty;
(d) the products have not been subject to abuse, mishandling, used beyond the limits specified by us and you have complied with the instructions contained in the manual and any technical instructions for use of the products including those relating to maintenance and care;
(e) the products have not been altered by you and any fault in the products has not been caused by use of accessories and /or supplementary or replacement parts which were not original components of the products;
(f) products are purchased directly from Warwick Music Ltd and not from any third party seller or platform; and
(g) the products were purchased and delivered within the United Kingdom and not taken overseas.
4.5 Any repair or replacement of a defective product within the five year period will not renew or prolong your warranty beyond the original period including with respect to any spare parts fitted.
4.6 In the event that you delay in notifying us of the defect in the product and additional damage is caused by that delay, we reserve the right to reduce our liability accordingly.
4.7 The extended warranty is provided only to the party to whom the product is provided and is non-transferrable and non-refundable.
4.8 Warranty provision for the standard warranty period of 2 years will be free of charge.
4.9 The above provisions and exclusions do not affect your statutory rights.
5. Online Teaching
5.1 As part of some specific product bundles, we will provide you a single lesson of twenty minutes via the Zoom platform and using a teacher approved by us. The individual receiving the online teaching shall be known as the Student. You may be the recipient of online teaching, or you may be the parent or guardian for a child under the age of 18 years who will be the recipient of the online teaching.
5.2 The Teacher is not party to this agreement which is between Warwick Music Limited and You. The Teacher will be an employee or contracted individual paid by us to provide the online teaching.
5.3 The dates and times of the lesson may be changed if both the Teacher and you agree.
5.4 If you wish to cancel and return your product bundle after receiving your lesson, then we will charge you a fee of £25 to cover the costs of providing the tuition. This fee will deducted from any refund you will receive after you return your instrument to us.
5.5 You are responsible for ensuring that the Student is available for the arranged online lesson as confirmed by email between the Teacher and you. Delays or interruptions encroaching into this time will be considered as time provided. If the Student fails to attend the arranged online lesson as confirmed by email between the Teacher and you, fees for that lesson remain payable and no refund of any fees paid in advance will be given.
5.6 Should a lesson be missed by the Teacher for whatever reason, the Teacher will provide a replacement lesson at an agreed time.
5.7 You are responsible for informing the Teacher of any medical conditions which may affect the online learning experience and interaction.
5.8 We agree to comply with all applicable laws, statutes, regulations including in relation to confidentiality, privacy, GDPR and the protection of personal data.
5.9 Should any disputes arise between you and the Teacher it is anticipated that discussions would take place between the parties with the intention of resolving any dispute. However, if the parties are unable to resolve the dispute, you may raise your concerns with Warwick Music’s CEO, Steven Greenall.
5.10 You are responsible for providing suitable space and appropriate technology to enable online learning to be provided as advised by us.
5.11 We are not responsible for the loan of any equipment (e.g. instruments, cameras, computers, etc.) or materials (e.g. sheet music) unless agreed in advance.
5.12 You are responsible for ensuring that the online teaching platform recommended by us is installed and ready for use prior to the commencement of lessons. All technical issues should be referred to the software/platform provider.
5.13 We will retain the intellectual property rights in all materials supplied electronically by us as part of the online teaching.
5.14 We are not liable for any technical faults, failures or damages of equipment used at your premises or elsewhere for the purposes of receiving online teaching and will not be required to make up any lost teaching time caused by such faults, failures or damages. Moving equipment in order to enhance the quality of video/audio is done at your risk.
5.15 We are not required to make up lost time due to technical difficulties experienced at your home or other location used for the purposes of receiving online teaching, e.g. insufficient or unreliable broadband to support audio and video, poor sound quality, computer hardware and software problems, etc.
5.16 You are responsible for the insurance of your instrument and all equipment used by you for online teaching.
5.17 In line with our safeguarding policy, your lesson will be recorded by us. This recording will not be shared with any third parties or uploaded to social media and will stored securely for a period of 90 days after which they will be automatically deleted.
5.18 The online teaching platform must not be used by the parties for any other purpose than teaching, e.g. sharing photos or general messaging.
5.19 Where possible you should assist the Student in limiting their profile within the online teaching app, using settings and preferences to maximise privacy. The Teacher will commit to doing the same.
5.20 All communications regarding missed or cancelled lessons must be between You and the Teacher. Where the student is under 18 years of age, under no circumstances should the Student contact the Teacher directly.
5.21 For the purposes of confidentiality and privacy, all communications between You and the Teacher should be via email.
5.22 Any defamatory, offensive or illegal material aired online by You and/or the Student, or inappropriate behaviour by You and/or the Student, will result in the immediate termination of the lesson. What constitutes such behaviour will be determined in the reasonable opinion of the Teacher. In this instance, the Teacher reserves the right to withdraw entirely from this agreement with immediate effect. Fees paid will not be refunded.
5.23 You agree to review our Safeguarding Policy in advance of the lesson and ensure that You and the Student abide by the terms therein including but not limited to:
(a) The Teacher, You and/or the Student must dress appropriately for the online lesson.
(b) The Teacher, You and/or the Student should present against a neat and tidy background when using video.
(c) If the Student is under the age of 18, You or a suitable Parent or Guardian must be present during the online lesson. A sibling of the Student is not acceptable.
5.24 The Teacher agrees to comply with Warwick Music’s safeguarding policies in relation to online teaching.
5.25 Our total liability to the Guardian or Student shall not exceed the total sums payable under the Contract.
5.26 The Teacher has a current DBS check whose certificate number and issue date can be provided on request.
5.27 In line with Government requirements and good practice, our Teachers are obligated to report any safeguarding concerns to the Warwick Music’s Designated Safeguarding Lead. Full details are provided on our safeguarding website.
6. Cancellations, Satisfaction and Returns
6.1 Cancellations. You may cancel the order at any time before shipping has commenced (this date varies with destination) but only by contacting us on (024) 7671 2081 (International: +44 24 7671 2081). We will refund the money paid to us less an admin charge (which covers amongst other things our payment to the credit card companies) of £15 or 2% of the total price paid to us whichever is the higher.
6.2 Not satisfied. If you are not fully satisfied with any goods, including where they are under warranty, please e-mail us at email@example.com
6.3 Faulty goods. If the goods are faulty (or not what you ordered) we will be happy to issue you with a returns number and thus a refund.
6.4 Return of goods that are not faulty. We regret we cannot accept the return of any used, personalised or unwrapped software. But other goods if in original packaging and fit for re-sale may be returned and you have the right to do so within 7 days of delivery to you for a full refund by giving us notice in the way set out in 6.2.
6.5 All returns must be made at your cost within 7 days of receiving your order. Once we have received and checked the goods we will offer you an exchange or offer a refund to your credit card within 14 days.
7. Modifications to product descriptions
7.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our service or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.
7.2 Please note that although we try to ensure that the content of our promotional material is accurate, it may contain typographical errors or other inaccuracies.
8. Information you provide to us
8.1 The following applies to any information you provide to us, for example during any registration or ordering process:
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). These Partner Companies may (but at the date of writing these terms are not) be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should e-mail us at firstname.lastname@example.org;
8.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at email@example.com.
8.3 You warrant and undertake that you will not use our service for any purpose that is illegal or is prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use our service terminates immediately without the necessity of any notice being given to you. We retain the right to deny service to any person who fails to comply with these terms and conditions.
9. Legality outside the UK
9.1 Warwick Music makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Warwick Music accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
10. Copyright and monitoring
10.1 The contents of our materials are protected by international copyright laws and other intellectual property rights. The owner of these rights is Warwick Music, its affiliates or other third-party licensors. All product and company names and logos mentioned are the trademarks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information including but not limited to text, graphics, photos without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
11.1 We promise that for any Product you purchase from us:
(a) we have the right to sell the Product to you;
(b) the Product will correspond with the description we have given to you;
(c) the Product will be of satisfactory quality.
11.2 Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. We also promise that any service we provide to you will be provided with reasonable skill and care. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), or any information or service provided through us. We will do our best to ensure that all materials and information published are accurate, but please note that all content, materials and information are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of all information contained within it.
11.3 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable and we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Warwick Music or our servants, agents or any other person or entity.
11.4 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
11.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
12.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
12.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.4 These terms and conditions and your use of our service are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
12.5 Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
12.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
12.7 Neither party shall be liable to the other party for any breach by the other of any of the terms and conditions herein occasioned by pandemic (including the current Covid-19), any act of God, war, revolution, riot, civil disturbance, strike, lock-out, flood, fire or other cause not reasonably within the control of such party.
12.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.1 All notices shall be given:
(a) to us via e-mail at firstname.lastname@example.org unless otherwise set out above or
(b) to you at either the e-mail or postal address you provide during any ordering process.
13.2 Notice to us will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or to you by mail 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the sale of the Products.