GEAR4MUSIC TERMS & CONDITIONS

Updated 23rd May, 2024

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TERMS AND CONDITIONS

No statement or condition of sale contained within these terms affects or restricts your statutory rights as defined under the EU Consumer Rights Directive, the Consumer Rights Act 2015, or The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

All orders for goods are processed by Gear4music Limited except in cases where payment is made by credit or debit card which are processed by Gear4Music Europe Limited which is a wholly owned subsidiary of Gear4music Limited (who shall be fulfilling orders received and processed by Gear4music Europe Limited).

Gear4music Europe Limited is established in Ireland.

All orders are fulfilled subject to the following conditions, which shall form part of and govern the contract of sale. Acceptance of goods by the customer shall be deemed as acceptance of these conditions of sale, unless the customer notifies the vendor in writing within 15 days of receiving this letter or the delivery of goods. Any term sought to be imposed by the customer, whether in a document or otherwise, that conflicts with or adds to these conditions will not be accepted. No agent or representative of the vendor has the authority to vary these conditions.

TERMS OF PAYMENT

For orders placed using a Credit or Debit card, the payment card will be debited once the order is confirmed. The vendor reserves the right to reject payment by credit or debit card. Direct bank transfer is recommended when payment by card is not possible or not accepted. The vendor only accepts purchase orders on 30 day credit terms from recognised educational establishments and government departments. Goods remain the property of the vendor until paid for in full and the vendor reserves the right not to dispatch goods until cleared funds have been received.

SHIPMENT OF ORDERS

The vendor shall not be bound by a contract of sale until the goods have been received by the customer. As indicated on the product page, delivery dates are provided as an estimate only - the vendor will use its best endeavours to comply with the date named for delivery. Many products are held in stock by the vendor, but in some cases the date stated is an estimate of the time it will take to order the item from the manufacturer and deliver it to the customer. The vendor reserves the right to part ship orders but will not charge more than the total advertised delivery price for delivery of the order in full.

GOODS DAMAGED IN TRANSIT

1. Any goods received by the Customer that have suffered damage in transit must be reported to the Vendor as soon as possible, and at the latest within 14 days of receiving the goods.
2. The Vendor will collect damaged goods from the Customer and deliver replacement goods as quickly as possible at its own expense.
3. The Vendor accepts responsibility for the condition of the goods until they are delivered to the Customer, so any damage or breakage en route is in the Vendor’s responsibility, but if something happens after it has been delivered to the Customer, the Customer’s dedicated safe place or the Customer’s nominated neighbour, is the Customer’s responsibility, and the Vendor cannot accept any liability for damages.
4. The Vendor will not accept any responsibility for goods damaged in transit if the customer reports the damage more than 14 days after receiving the goods.
5. The Vendor will reimburse reasonable return costs should the Customer be able to provide independent proof that the damage is attributable to the Vendor or its instructed courier.
6. If despite appropriate and secured packaging, the Customer’s returned goods are damaged during transit from the Customer to the Vendor, the Vendor will take responsibility if the collection and delivery have been arranged and facilitated by the Vendor.
7. If the Customer has arranged to send the item back to the Vendor at the Customer’s expense, the Vendor accepts no liability and the Customer will need to contact his courier company for any compensation for loss of refund or rely on his chosen transport insurance.

DELIVERY OF THE INCORRECT ITEM

1. Any goods received by the Customer that the Customer considers as the incorrect delivered goods must be reported to the Vendor as soon as possible, and at the latest within 14 days of receiving the goods.
2. The Vendor will collect incorrect goods from the Customer and deliver replacement goods as quickly as possible at its own expense.
3. The Customer has a responsibility to return the incorrect item or any item that has been accidentally delivered to the Customer by the Vendor without order or payment.
4. If the Customer doesn’t return it, the Vendor will charge the Customer the full cost of the item.

WITHDRAWAL OR CANCELLATION OF ORDERS

1. The Customer has a right to cancel an order for items purchased from the Vendors website or placed over the telephone or by email no later than 30 days after delivery, and 14 days after delivery for secondhand goods. For any cancellation of an order within the Customer’s statutory rights or under the Vendor’s Money-Back Guarantee, the Customer is responsible for returning the goods to the Vendor at the customer’s own expense.
2. Orders can be cancelled by letter, email or telephone.
3. Items need to be returned no later than 14 days from the day on which the Customer communicated the cancellation to the Vendor.
4. There are some restrictions to products that can be cancelled after delivery however as follows:
   • Software, CDs & DVDs that are used, not sealed and/or registered with the manufacturer in the Customer's name;
   • Items that come directly into contact with the nose, ears or mouth, such as in-ear monitors or woodwind reeds, which are normally sold sealed in a shop and cannot be tested for hygiene reasons;
   • Items that have been mixed/installed inseparably with other items after delivery or modified in any way.
5. The Customer is advised to unwrap their products carefully, keep all packaging safe, examine the goods and if they don’t want the goods, to put them back in the box for safe return.
6. The Vendor may cancel any order placed by a Customer until the goods are received by the Customer if the vendor is no longer able to supply the item, there has been a significant price change of the item, the Vendor suspects the transaction is fraudulent, or if the Vendor believes the Customer is abusing its returns policy. If an order is cancelled by the Vendor any monies paid by the Customer will be refunded in full within 10 days.

CUSTOMER RETURNS:

New Products:

1. Products may be returned for a full refund within 30 days of delivery.
2. Providing the Customer informs the Vendor within 30 days of delivery to the Customer, the Vendor will refund standard delivery charges.

Secondhand Products:

1. Products may be returned for a full refund within 14 days of delivery.
2. Providing the Customer informs the Vendor within 14 days of delivery to the Customer, the Vendor will refund standard delivery charges.

All Products:

1. If the Customer cancels an order in line with their statutory rights or wants to return an item under the Vendor’s Money-Back Guarantee the Customer is responsible for returning the goods to the Vendor. Return courier requests made for cancelled orders will incur a charge, the amount of which depends on the size and weight of the item.
2. If the Vendor receives goods that have not had reasonable care taken, the Vendor shall reduce the Customer’s refund amount equivalent to the reduction in the value of the goods.
3. Some items are only eligible for money back guarantee if they are returned to the Vendor unused and sealed in the original packaging, and in the case of software, unregistered. These items include:
   • Software
   • CDs & DVDs
   • In-Ear Headphones and In-ear Monitors
   • Earplugs and Ear Protection
   • Mouthpieces, Reeds etc… for Woodwind and Brass instruments
   • Mouth / Lip Care Products
4. All returned woodwind and brass instruments incur a £5 sanitization fee if not returned unused and with its hygiene seal intact.
5. If a Customer is returning a smart or connected device, they are advised to ensure that they disconnect the device from their home or company network and delete or ‘unlink’ their personal accounts e.g. Google, Spotify or Amazon Alexa. If a device has a data storage functionality all private data must be deleted before the item is returned to the Vendor. The Vendor will endeavour to factory reset all such devices, but the Vendor does not guarantee this or accept any liability for any damages caused by third-party misuse.

DEFECTIVE GOODS WITHIN STANDARD WARRANTY:

New Products:

1. All products carry a minimum of a 3 year warranty unless otherwise stated.
2. Any items that become defective due to manufacturing fault within 180 days of purchase, then the Vendor will arrange for the collection and repair of the product.
3. If the product can not be repaired within 60 days, then a replacement product will be issued, which will not be older and not be in worse condition than the original product returned by the Customer.
4. If the item becomes defective within the warranty period, but after 180 days from the date of delivery, then the same conditions as above apply but the Customer will be expected to pay for any reasonable steps to prove the manufacturing fault and for the cost of returning the product to the Vendor.
5. Products may not be returned to the Vendor for a refund later than 30 days from delivery unless the Vendor is unable to comply with its warranty obligations.

Nearly New and Ex-Demo Products:

1. All products carry a minimum of a 1 year warranty unless otherwise stated.
2. Any items that become defective due to manufacturing fault within 180 days of purchase, then the Vendor will arrange for the collection and repair of the product.
3. If the product can not be repaired within 60 days, then a replacement product will be issued, which will not be older and not be in worse condition than the original product returned by the Customer.
4. If the item becomes defective within the warranty period, but after 180 days from the date of delivery, then the same conditions as above apply but the Customer will be expected to pay for any reasonable steps to prove the manufacturing fault and for the cost of returning the product to the Vendor.
5. Products may not be returned to the Vendor for a refund later than 30 days from delivery unless the Vendor is unable to comply with its warranty obligations.

Secondhand Products:

1. All products carry a minimum of a 1 year warranty unless otherwise stated.
2. Any items that become defective due to manufacturing fault within 180 days of purchase, then the Vendor will arrange for the collection and repair of the product.
3. If the product can not be repaired within the duration of the warranty, then a refund will be issued
4. Products may not be returned to the Vendor for a refund later than 14 days from delivery unless the Vendor is unable to comply with its warranty obligations.

All Products:

1. This warranty excludes items that have become defective due to miss-use, accidental damage or any reason other than manufacturing fault.
2. If an item is found to be without fault on its return to the Vendor, and is out of the period of 30 day money back guarantee, then the Vendor will return the item to the Customer for a small charge.
3. The Vendor recommends that the Customer insures their goods.

LIABILITY:

1. The Vendor is not liable for loss of business or income under any circumstances.
2. Whilst the Vendor makes every effort to ensure that goods supplied correspond to in every respect with the specification or description provided as the case may be, the Vendor is not responsible for minor variations in specification, and no such minor variation shall be the subject of any claim against the Vendor.
3. The Vendor will take all reasonable care, in so far as it is in its power to do so, to keep the details of the Customer’s order and payment secure, but in the absence of negligence on the Vendor’s part, the Vendor cannot be held liable for any loss the Customer may suffer if a third party procures unauthorised access to any data the Customer provides when accessing or ordering from the Vendor’s Websites.

CUSTOMER COMPLAINTS

In the event of the customer needing to make a complaint, firstly they should call or create a new ticket which can be accessed via the ‘Get in Touch’ link on our home page. In many cases, a complaint is best resolved by the person responsible for the issue in question. If the complaint has been received by that person, they may be able to resolve it swiftly and will do so if possible and appropriate.

Whether or not the complaint has been resolved, the complaint information will be passed to the customer service manager within one week. On receiving the complaint, the customer service manager records it in the complaints log. In the event it has not already been resolved, they delegate an appropriate person to investigate and to take appropriate action. If the complaint relates to a specific person, they should be informed and given a fair opportunity to respond. Complaints should be acknowledged by the person handling the complaint within 3 working days.

The acknowledgement should say who is dealing with the complaint and when the person complaining can expect a reply. Ideally complainants should receive a definitive reply within 2 weeks. If this is not possible because for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given. Whether the complaint is justified or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint. If the complainant feels that the problem has not been satisfactorily resolved at stage one, they can request that the complaint is reviewed at Board level. At this stage, the complaint will be passed to the board of directors. The request for Board level review should be acknowledged within a week of receiving it. The acknowledgement should say who will deal with the case and when the complainant can expect a reply.

EXTENDED WARRANTY TERMS AND CONDITIONS:

These terms and conditions shall amend the standard terms and conditions for a specific item in the case that the Customer purchased an extended warranty with that item and shall replace the relevant clauses in the standard terms and conditions. If no different term is given in these terms and conditions, the standard clauses remain applicable.

DEFECTIVE GOODS WITHIN EXTENDED WARRANTY:

1. If the product becomes defective due to a manufacturing fault within a two-year period, the Vendor will arrange for a free return.
2. After two years, the Customer is responsible for the cost of returning the item to the Vendor and the cost of delivering the item back to the Customer.
3. The Vendor will reimburse reasonable return costs should the Customer be able to provide independent proof that the fault is attributable to the Vendor or the manufacturer.

WITHDRAWAL OR CANCELLATION OF ORDERS:

1. Subject to the warranty exclusions as detailed in this document, products may be returned for a full refund within the number of days stated from delivery.
2. Instead of the Vendor’s standard 30-day Money Back Guarantee, there is up to 180 days available (the exact amount of days is stated on the product page). This is subject to the following:
   
   For return requests made within 30 days from delivery:
   • The Customer must send the products back to the Vendor, or alternatively the Vendor can arrange collection for a fee depending on the size and weight of the item.
   • Any standard delivery charges applied to the Customer’s order will be refunded.
   • The cost of the Extended Warranty will be refunded.
   
   For return requests made after 30 days from delivery:
   • If the money-back guarantee is taken up after 30 days from delivery but up to 180 days from delivery, the Customer must send the products back to the Vendor, or alternatively the Vendor can arrange collection for a fee depending on the size and weight of the item.
   • The original order delivery charges will not be refunded.
   • The extended warranty charge the Customer originally paid will not be refundable.

1. For Customers in some outlying or remote areas, the price of the Extended Warranty may be marginally higher, due to the potential for higher collection and redelivery transport costs.
2. The Customer will be able to see this price when they enter their address details during checkout.

CASH BACK TERMS:

If the Customer has not used the warranty after the warranty period, they can write to the Vendor with a copy of the warranty certificate and their original purchase invoice within one month of the expiry date, and the Vendor will send you a cheque for 50% of the original warranty cost.

TRANSFER OF WARRANTY:

1. If the Customer transfers ownership of the warranted goods, the Vendor must be advised by email of the new owner's details including name, address, email address and telephone number within 30 days of the item being sold.
2. Failure to do so will invalidate the warranty and no claims may be made by the new owner.
3. Cashback after the warranty period is not valid when a warranty has been transferred.

LOAN EQUIPMENT:

1. If products covered within the terms of this warranty are not repaired within 30 days following receipt of goods at Gear4music, then the customer can request a free of charge loan item.
2. The loan item is not intended as a direct replacement, and may not be the same price or have the same features as the original product, but it shall be of similar functionality. (e.g. if your digital piano breaks, we may lend you any other type of digital piano until your product has been repaired, or until we agree on a replacement model or cashback as detailed within this policy).
3. Loan items shall remain the property of Gear4music at all times, but must be insured for theft and damage by the customer.

REPLACEMENT PRODUCTS:

1. If an item cannot be repaired within 60 days, then an equivalent replacement item with similar functionality will be supplied.
2. Replacement items may not necessarily be new, but will be fully functional and will not be older than the item they replace.
3. Replacement products will not be more expensive than the product they replace.
4. Suitability of replacement products shall be discussed with the customer, but the final decision on their suitability shall be made by Gear4music.
5. Any repair or replacement of a defective product will not renew or prolong this warranty beyond the original expiry date of the warranty.

CASH DISCOUNT:

Within the warranty period, in the event of a successful claim a suitable replacement item can not be supplied as detailed above, or the proposed replacement product has a significantly differing specification to the original product that is not acceptable to the customer, then a cash refund will be offered after depreciation has been applied based on the following percentage of the original purchase price:

1st year: 100%, 2nd year: 70%, 3rd year: 45%, 4th Year: 30%, 5th Year: 20%, 6th year: 15%.

The extended warranty retail price will not be refunded.

Items that are replaced or have had a cash discount paid will become the property of Gear4music.

CANCELLATION OF POLICY:

The policy can be cancelled at any time and a pro-rata discount will be given based on the amount of time the policy has remaining. The policy may not be cancelled however if a claim has already been made.

WARRANTY EXCLUSIONS:

This warranty is designed to cover manufacturer defect. If the item fails for any reason not due to manufacturer defect, including any of the following reasons then this warranty is not valid:

• Abuse or mishandling
• The product is used for something for which it was not designed (misuse)
• Wear and tear beyond the design intentions of the product
• Adverse environmental conditions
• The product has been altered or modified
• The fault was caused by the use of accessories or supplementary parts that are not specifically certified to work by the product manufacturer
• An inappropriate power supply or battery has been used
• Inadequate care and maintenance

OTHER INFORMATION

Under recent legislation, we are obliged to point out that you do not need to purchase an extended warranty at the same time that you purchase your goods. You are entitled to shop around, and we would actively encourage you to do this. This warranty is provided as an additional service to our customers, and we really do think it is worth the small amount of money it costs.

This warranty is an exclusive offer and is operated and financially backed by Gear4music Limited. The Financial Services Compensation scheme does not apply to this warranty and monies are not ring-fenced from Gear4music Limited. This warranty is not an insurance policy, and we suggest you also insure your goods against theft and damage.

On buying a product, you are protected by legislation such as The Consumer Rights Act 2015 (as amended). If the product is not, when sold, of satisfactory quality or fit for purpose, you have a right to claim for repair or replacement for up to 6 years (5 in Scotland). Within the first 6 months, the retailer must prove that the goods you bought met the necessary standards. After the first 6 months, it is up to you to prove that the product was faulty when supplied: this may involve you taking legal proceedings. Further information on consumer rights can be obtained from your local Trading Standards Services. Further guidance with regards to Consumer Protection from Unfair Trading Regulations 2008 can be found here.

The Consumer Rights Act 2015 covers you in very specific circumstances should your equipment go wrong after purchase. Our Extended Warranty provides much more comprehensive cover. This warranty will remove the stress and hassle of making a claim beyond the manufacturer’s standard warranty period.

SELLING TO GEAR4MUSIC

In the following agreement, the terms “We/Us/Our” are used to refer to Gear4music Limited and “You/Your” as our customer, selling an item to Gear4music Limited.

Second-Hand Product Appraisals

1. The estimated valuation of a product will be provided once you have completed the online valuation form. This estimation will be displayed on screen and sent to you via e-mail
2. Goods will be examined and appraised upon receipt in our warehouse which will determine a non-negotiable offer price
3. Where our valuation equals or exceeds our initial estimated price, we will either pay this sum into your account or provide you with account credit, as requested
4. Where our valuation is less than our initial estimate we will advise you by email and you may either accept the lower price or we will return the item to you, at your cost. Items will be held for 30 days for a reduced valuation to be accepted or return charges to be paid. If we do not receive a response to this communication, items may be disposed of as we see fit after 30 days. This can include resale via eBay.
5. Where a reduced price is not offered and the item is deemed unacceptable we will advise you by email and arrange the return of your item, at your cost. Items will be held for 30 days for return charges to be paid. If we do not receive a response to this communication, items may be disposed of as we see fit after 30 days. This can include resale via eBay.
6. You must include all accessories required to enable normal operation of the product, this includes but is not limited to power supply units, adapters, cables, converters and stands. Any incomplete items may be returned to You, at your cost

Transporting Second-Hand Products to Gear4music

1. Goods may be sent to us either using our courier service or via any tracked delivery method of your choice
2. Goods sent to us for valuation remain solely at your risk until received by us unless sent using our courier service
3. Goods sent to us using our courier service shall be at our risk once received by the courier. Consignments are insured for a maximum value of £60
4. Goods left at a collection/drop off point which become lost in transit shall not be at our risk unless you can provide, by post, a signed receipt clearly displaying the name of the person who accepted your parcel and the time you dropped off the parcel.
5. Any goods received by us that have suffered serious damage due to inadequate packaging will be rejected and returned, at your cost.
6. Details of how to package your goods correctly can be viewed during the online appraisal process, and supplied via e-mail, once an appraisal has been made
7. You are not required to do so, but we recommend that you take and retain photographs of your goods prior to packaging and once they are packaged. This can greatly assist pursuing claims where goods are accidentally damaged during transit, or damaged due to insufficient packaging
8. Any non-documented items or accessories sent with your second hand product will be assumed to be included in the sale unless specified in advance

Legal

1. By accepting our offer and agreeing to sell any item to us, you acknowledge that you are the lawful owner of the goods, you have a right to sell, and the goods are free from any third-party interests or claim
2. You shall indemnify us against any civil claim for damages where the goods are proven to be either stolen or counterfeit
3. We will format all storage devices where our valuation meets or exceed our initial estimate
4. Where our valuation is less than our estimate, we will only remove any user content and personal data after you have accepted our lower valuation
5. You shall be responsible for removing any user content or personal information from the goods before sending them to us for valuation, as this data will be deleted by us, where the valuation is equal to or greater than our initial estimate. See 3. and 4. above
6. We shall not be responsible for the loss of any data or content that has been removed from any device under the conditions outlined in c. and d. above