LAST UPDATED: [NOVEMBER] 2014 BY LUTHIER'S BENCH LIMITED
USING THE SITE
If you have any queries regarding the Site of any of the information or materials contained on or in it, please contact us by email at:
TERMS AND CONDITIONS OF USE
2. TERMS OF SALE
2.1 Please ensure that the details you provide at any time are complete and accurate, and inform us immediately of any changes to the details you provided when first contact was made.
2.2 We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.
3. INTELLECTUAL PROPERTY
3.1 We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights in this Site, and in the material published on it. Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.
3.2 You may access this Site only to participate in the Site or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.
3.3 You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.
TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:
(a) EVENT OUTSIDE OUR CONTROL: is defined in clause 10.2;
(b) ORDER: your order for the Products via the website;
(c) PRODUCTS: the goods that We are selling to you;
(d) TERMS: the terms and conditions set out in this document; and
(e) WE/OUR/US: Luthier's Bench Limited, Holly House, Cotton Mill Lane, Farnsfield, Nottinghamshire, England, NG11JL
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Products to you.
2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order.
2.3 These Terms and the Order constitute the whole agreement between you and Us.
2.4 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Products, We will inform you of this and We will not process the Order.
2.5 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 10.
4. DELIVERY OF PRODUCTS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please consult the “Payment & Delivery” section of the website.
4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us.
4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will inform you and aim to provide your order as soon as possible.
4.4 The Products will be your responsibility from the completion of payment.
4.5 You own the Products once We have received payment in full.
4.6 On delivery of your Order please check the Products against the delivery note or covering email. If there is any discrepancy, or if any Product is damaged please contact us within 7 days of receipt.
4.7 If you have not received your Order within 7 days of receiving the order confirmation please contact us.
5. IF PRODUCTS ARE FAULTY
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. OUR WARRANTY
6.1 We warrant that on delivery and for the period set out below, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 6.2.
6.2 This warranty does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions; and
(d) any alteration or repair by you or by a third party.
6.3 This warranty is in addition to your legal rights in relation to a Product that is faulty or not as described.
7. PRICE AND PAYMENT
7.1 The price of the Products will be the price in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
7.2 All prices include VAT.
7.3 The price of the Products excludes delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.
7.4 You must make payment for Products by bank transfer in Pounds Sterling (GBP).
8. OUR LIABILITY TO YOU
8.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence in each case up to the value of the applicable Order, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Us at the time we entered into the contract.
8.2 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
10. YOUR CANCELLATION RIGHTS
10.1 You have a right to cancel a contract at any time between placing your Order and 14 days from the day after the day you receive your Order. If you wish to cancel the contract, you must let Us know by email and then return the Products to Us. We shall provide you with a refund of the price paid for the Product within 14 days of the date we receive the Products or, if earlier, within 14 days from the date you provide proof of postage to Us.
11. OUR CANCELLATION RIGHTS
We may have to cancel an Order before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as reasonably possible if this happens and offer you a choice of a refund or an alternative product.
12. INFORMATION ABOUT US AND HOW TO CONTACT US
12.1 We are a company based in England. Our company registration number is 09246859 and Our registered office is at Luthier's Bench Limited Holly House, Cotton Mill Lane, Farnsfield, Nottinghamshire, England, NG11JL
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Our customer service team by e-mailing Us using the contact form on the website.
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand or by post to the address set out in clause 12.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by post to the address you provide to Us in the Order.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer Our rights and obligations under these Terms to another organisation and We will always notify you in writing if this happens.
14.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
14.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
14.5 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you We will only do so in writing and that will not mean that We will automatically waive any later default by you.
14.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
LAST UPDATED: NOVEMBER 2014
WHAT PERSONAL INFORMATION DO WE COLLECT?
In general, and unless you order with us, you can use this Site without giving us any personal information. However, we may gather certain (non-personal) information such as records of your activity on the Site without you registering with us and giving us personal information.
Additional services may be available if we have certain information about you and we will collect certain information from you when you order with us. We may collect and use the following information:
your name and contact information (including postal address, e-mail address and telephone number) and any other contract details you provide to us;
financial information including card payment details;
information you provide if you report a problem with our Site;
records of any orders for products that you place through the Site;
records of any correspondence when you contact us;
details of your visits to the Site including, but not limited to, traffic data and communication data and the resources that you access.
WHAT DO WE DO WITH THE PERSONAL INFORMATION WE COLLECT?
We use your personal information to provide you with a better service, and in particular for the following reasons:
to facilitate use of the products and services we may provide to you;
to process and collect payments from you where you purchase products from the Site
internal record keeping;
to improve our products and services;
to improve and personalise your experience when you visit the Site;
to advertise certain products which we think you might be interested in to you when you visit the Site;
to communicate with you by e-mail, or post if you have ordered or purchased products from us, either regarding the order or purchase or other matters regarding transactions between us or your customer relationship or account (if you have one) with us;
to contact you regarding any specific enquiry you make;
to contact you by e-mail, or post in order to share information with you about products, services, promotions and events which we believe may be of interest to you or to request your feedback on our products and services from time to time;
to carry out direct marketing or e-mail marketing.
WHOM DO WE SHARE THIS INFORMATION WITH?
Your personal information will be used for the above purposes by relevant staff in Luthier’s Bench limited and by those who support them in their roles.
Luthier’s Bench limited may also disclose your personal data:
In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise its legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
When Luthier’s Bench limited believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of Luthier’s Bench limited, its customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce its terms or other agreements; and
To prospective or actual buyers in the event that Luthier’s Bench limited sells any of its business or assets.
Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.