Full Terms & Conditions
(Updated 27th April 2012)
This website is owned and operated by Waywood Enterprises Limited, trading as Waywood Music (referred to as 'Waywood Music'/we/our/us'), a company registered in England and Wales, whose registered office is at 27, Granby Street, Loughborough, Leics, LE11 3DU . Our company registration number is 6455974.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.waywood.com. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
BY ACCESSING THIS WEBSITE AS A USER (REFERRED TO AS 'YOU/YOUR') YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Our contact details are as follows:
PO Box 202,
General email: email@example.com
Telephone number: 01509 553362
Fax number: 01509 553362
Complaints email: firstname.lastname@example.org
Telephone number: 01509 553362
Fax number: 01509 553362
1.1 You will be able to access all areas of this website without registering your details with us.
1.2 We may revise these terms and conditions at any time by updating this posting (see date at the top). It is your responsibility to check this website from time to time to review the current terms and conditions as each use of this website signifies your acceptance to be bound by the latest terms and conditions. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
2. ORDERING FROM US
2.1 There are various methods and information on how to place an order with us throughout other areas of this website. All orders placed by you via this website are subject to the latest terms and conditions.
2.2 As part of our order process you will be given the opportunity to check your order and to correct any errors. Following receipt of your order, we will send you an order acknowledgement email, detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Waywood Music.
2.3 Our acceptance of an order and the completion of a contract between you and us takes place when we despatch the order even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.4 We may refuse to accept an order:
2.4.1 where goods are no longer available;
2.4.2 where we cannot obtain authorisation for your payment or suspect fraud;
2.4.3 if there has been a pricing or product description error; or
2.4.4 if you do not meet any eligibility criteria set out in our terms and conditions.
2.5 Sales of products to destinations outside the UK can only be accepted by prior arrangement with Waywood Music.
2.6 Waywood Music reserves the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. In any such event the consumer will be refunded immediately.
3.1 All prices are in Pounds Sterling and include delivery charges, which are clearly stated on the sales pages.
3.2 If we need to charge separately for other packaging, carriage costs, insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown on this website.
3.3 Our prices are reviewed daily and while we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.1 Waywood Music takes payment immediately. All goods are subject to availability. In the event that we are unable to supply a product, we will inform you of this as soon as possible.
4.2 In the interests of preventing fraudulent use of credit, debit and charge cards, Waywood Music's third party agent, PayPal, will validate the names, addresses and other information supplied during the order process against commercially available records. By ordering from this website you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 All payments are in Pounds Sterling which will be clearly displayed on our invoice. We do not accept foreign currency. If you pay from outside the United Kingdom your card issuing bank will convert the amount paid in UK pounds to Euros / US Dollars using their current exchange rate.
5.1 Products bought on this website will be delivered to mainland UK. In the event that you wish your goods to be delivered in another country, prior agreement will be made with Waywood Music.
5.2 Please note that non-UK shipping costs may vary depending on location and the size and weight of the goods. You will be contacted should this situation arise. If you are not shipping to a country within the European Union then you may be liable for Import Duty and VAT charges. Please check with a customs office in your country for information.
5.3 Your order will be delivered to the address you indicated when you place your order. All goods must be signed for by an adult aged 18 years or over on delivery.
5.4 Delivery charges and estimated timescales are specified on this web site and also when you place an order. Unless otherwise agreed with you and subject to clause 14, delivery of the goods will be within 30 days beginning with the day after you ordered the goods. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
6.CANCELLATION AND RETURNS POLICY
6.1 All goods and services are sold in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334). This regulation essentially ensures that the consumer is given clear information about the goods and services the supplier is offering, is provided with an order confirmation via email and has a cancellation period of 30 days from the day after the date of delivery - during which time the consumer may cancel the contract by notifying the supplier of their request to cancel either in writing or by email.
6.2 If you wish to cancel your order during the cancellation period set out in clause 6.1, please notify us in writing by letter, fax or by email. A telephone call is not sufficient unless both you and Waywood Music agree otherwise.
6.3 Once you have notified us that you wish to cancel the contract with the cancellation period, either before or after you have received the goods, you should return the goods to us within a reasonable time period (usually 28 days) and take reasonable care in doing so. The risk and cost of returning the goods to us shall be borne by you unless you have notified us that the goods are faulty and the fault is verified by us. If you fail to return the goods to us, you must make them available for collection upon notification from us that we intend to collect the goods.
6.4 Upon cancellation of the contract we will credit your account with a full
refund of the money paid to us, including the cost of delivery of the goods to
you, as soon as possible and in any event not later than 30 days after receipt
of the notice of cancellation. If you do not return the goods or do not pay the
costs of delivery to us, we shall be entitled to deduct the direct cost of
recovering the goods from the amount of the refund.
6.5 Goods should be returned and re-packed in the original packaging as received
complete 'AS SOLD' and in 'AS NEW' condition (for example, if the packaging has
been opened to examine the product/s you must have done so without damaging the
packaging or the product/s in any way).
6.6 You have a duty to take reasonable care of the products while in your
possession and during the cancellation period to maintain them in the condition
in which they were supplied by us. If goods are damaged or your use of the goods
has gone beyond your right to reasonably inspect and assess the goods, Waywood
Music reserves the right to seek recompense.
6.7 The rights to return the goods to us as referred to in clause 6.3 will not
apply in the following circumstances: -
6.7.1 in the case of copyrighted goods (all software, media and sample CDs) where the packaging has been unsealed and/or the product has been registered unless the product is faulty.
6.7.2 for Health and Safety reasons to products that have been used or where the hygienic seal has been removed or broken and
6.7.3 to any products that we have made to your specification or customised
specifically for you.
6.8 Faulty items are rare as all items checked prior to despatch.
However if a manufacturing fault, that is, a fault not caused by misuse,
unreasonable treatment, handling, storage or any method, occurrence or situation
that may expose the product to undue or unreasonable risk, impact, stress,
strain or cause damage, we will replace the product or offer a full refund.
Refund will only be granted after the product has been returned to Waywood Music
for inspection and assessment. Initial contact must always be in writing,
either by letter, fax or e-mail. A telephone call is not acceptable unless
agreed both by yourself and Waywood Music.
6.9 The provisions of clause 6.7, 6.8 and 6.9 do not affect your
7.1 You are permitted to print and download extracts from this website for your
own use on the following basis:
7.1.1 no documents or related graphics on this website are modified in any way;
7.1.2 no graphics on this website are used separately from accompanying text; and
7.1.3 any of our copyright and trade mark notices and this permission notice
appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property
rights in all material on this website (including without limitation photographs
and graphical images) are owned by us or our licensors. For the purposes of
these terms and conditions, any use of extracts from this website other than in
accordance with clause 7.1 above for any purpose is prohibited. If you breach
any of the terms in these terms and conditions, your permission to use this
website automatically terminates and you must immediately destroy any downloaded
or printed extracts from this website.
7.3 Subject to clause 7.1, no part of this website may be reproduced or stored
in any other website or included in any public or private electronic retrieval
system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavour to ensure that this website is normally available 24
hours a day, we will not be liable if for any reason this website is unavailable
at any time or for any period.
8.2 Access to this website may be suspended temporarily and without notice in
the case of system failure, maintenance or repair or for reasons beyond our
9. VISITOR MATERIAL AND CONDUCT
9.1 Other than personally identifiable information, which is covered under the
considered non-confidential and non-proprietary. We will have no obligations
with respect to such material. We and our nominees will be free to copy,
disclose, distribute, incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
9.2 You are prohibited from posting or transmitting to or from this website any
9.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
9.2.2 for which you have not obtained all necessary licences and/or approvals;
9.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
9.2.4 which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data
or other malicious software or harmful data).
9.3 You may not misuse the website (including, without limitation, by hacking).
9.4 We will fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or locate anyone posting any
material in breach of clauses 9.2 or 9.3.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this website are provided solely for your
convenience. If you use these links, you leave this website. We have not
reviewed all of these third party websites and do not control and are not
responsible for these websites or their content or availability. We therefore do
not endorse or make any representations about them, or any material found there,
or any results that may be obtained from using them. If you decide to access any
of the third party websites linked to this website, you do so entirely at your
10.2 If you would like to link to this website, you may only do so on the basis
that you link to, but do not replicate, the home page of this website, and
subject to the following conditions:
10.2.1 you do not remove, distort or otherwise alter the size or appearance of the Waywood Music logo;
10.2.2 you do not create a frame or any other browser or border environment around this website;
10.2.3 you do not in any way imply that we are endorsing any products or services other than our own;
10.2.4 you do not misrepresent your relationship with us nor present any other false information about us;
10.2.5 you do not otherwise use any Waywood Music trademarks displayed on this website without our express written permission;
10.2.6 you do not link from a website that is not owned by you; and
10.3 By linking to this site you confirm that your website does not contain content that is distasteful, offensive or
controversial, defamatory, causes annoyance or inconvenience, infringes any
intellectual property rights or other rights of any other person or otherwise
does not comply with all applicable laws and regulations. We expressly reserve
the right to revoke the right granted in this clause 10.3 for breach of these
terms and to take any action we deem appropriate.
10.4 You shall fully indemnify us for any loss or damage we or any of our group
companies may suffer or incur as a result of your breach of clause 10.3.
11. USE OF WWW.WAYWOOD.COM
Waywood Music do not discriminate on the basis of age, race, nationality,
gender, sexual orientation or religion. However; persons under the age of 16
should only use the website with the consent of their parent or legal guardian.
We encourage all parents and guardians to monitor the Internet use of their
children. Use of this website by any user shall be deemed to be a representation
that the user is 16 years of age or older.
12.1 While we endeavour to ensure that the information on this website is
correct, we do not warrant the accuracy and completeness of the material on this
website. We may make changes to the material on this website, or to the products
and prices described in it, at any time without notice. The material on this
website may be out of date, and we make no commitment to update such material.
12.2 The material on this website is provided “as is” without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent
permitted by law, we provide you with this website on the basis that we exclude
all representations, warranties, conditions and other terms (including, without
limitation, the conditions implied by law of satisfactory quality, fitness for
purpose and the use of reasonable care and skill) which but for these terms and
conditions might have effect in relation to this website.
13.1 Save as precluded by law, we and any of our group companies, officers,
directors, employees, shareholders or agents of any of them will not be liable
for any losses or damage that you suffer under the contract which were not a
foreseeable consequence of breach of the contract. We are not responsible for
indirect losses which were not contemplated at the time of the contract
including, but not limited to, any loss of income or profits, loss of business
or goodwill, loss of data, loss of opportunity.
13.2 We are not liable for losses that arise in connection with this website in
any way or in connection with the use, inability to use or the results of use of
this website, any websites linked to this website or the material on such
websites, including but not limited to loss or damage due to viruses that may
infect your computer equipment, software, data or other property on account of
your access to, use of, or browsing this website or your downloading of any
material from this website or any websites linked to this website.
13.3 Nothing in these terms and conditions shall exclude or limit our liability
for death or personal injury caused by negligence (as such term is defined by
the Unfair Contract Terms Act 1977) or any liability which cannot be excluded or
limited under applicable law.
13.4 If your use of material on this website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
13.5 You agree to indemnify us fully, defend and hold us, and our officers,
directors, employees and agents, harmless from and against all claims,
liability, damages, losses, costs (including reasonable legal fees) arising out
of any breach of the terms and conditions by you, or your use of this website,
or the use by any other person using your registration details.
14. IMPOSSIBILITY OF PERFORMANCE
Waywood Music shall be relieved of its obligations to perform the contract to
the extent that the performance thereof is prevented by events or circumstances
beyond our reasonable control including, but not limited to, fire, industrial
dispute, war, labour disturbance or causes beyond our reasonable control.
15. COMMENTS, QUESTIONS & COMPLAINTS
15.1 Waywood Music welcomes your feedback. However, any comments, ideas, notes,
messages, suggestions or other communications sent to us regarding the website
and / or the products and services we provide shall be and remain the exclusive
property of Waywood Music, and we may use all such communications in any
manner, including reproducing, disclosing and publishing such communications,
all without compensation to you.
15.2 We will always - as a matter of courtesy request your permission before
publishing such feedback in any publications available to the general public or
on the Waywood Music website.
16. GOVERNING LAW AND JURISDICTION
16.1 These terms and conditions shall be governed by and construed in accordance
with English law. Disputes arising in connection with these terms and conditions
shall be subject to the exclusive jurisdiction of the English courts.
16.2 We do not warrant that materials/items for sale on the website are
appropriate or available for use outside the United Kingdom. It is prohibited to
access the website from territories where its contents are illegal or unlawful.
If you access this website from locations outside the United Kingdom, you do so
at your own risk and you are responsible for compliance with local laws
17.1 You may not assign, sub-license or otherwise transfer any of your rights
under these terms and conditions.
17.2 If any provision of these terms and conditions is found by any court of
competent jurisdiction to be invalid, the invalidity of that provision will not
affect the validity of the remaining provisions which shall continue to have
full force and effect.
17.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Copyright © 1998-2013 Waywood Music
Waywood Music is a trading name of Waywood Enterprises Limited
31 Burder Street Loughborough LE11 1JH UK
Tel/Fax: UK + (0) 1509 553362
Registered in England & Wales
Company Registration Number: 6455974
Please respect Copyright law.
Web site designed and constructed by Stuart