The Kenny's Music Terms and Conditions of Sale
THE KENNYS MUSIC TERMS AND CONDITIONS OF SALE
A copy of this Terms of Sale can be stored electronically or printed by all users of our Website.
1. INFORMATION RELATING TO GOODS
We will make reasonable efforts to ensure that the information about Goods is accurate and up-to-date. However we do not warrant or guarantee that there will be no errors in the description and/or pricing of the Goods. All images, illustrations and descriptions of Goods are for information only and you are invited to contact us using the contact information in the Contact Us section if you need any further information about anything listed on our website.
We reserve the right, at any time and without notice, to modify the information about Goods displayed on our Website, including without limitation information on prices, description and availability of Goods. However, changes to price, availability or description of any Goods will not affect Orders submitted by you which have already been accepted by us in accordance with Clause 2 below.
The foregoing will not affect your statutory rights relating to misdescribed goods. For more information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice bureau.
2. HOW DO I PLACE AN ORDER
To place an Order you will have to select the Goods on the Website, select your preferred shipping method and, at your discretion other optional services and click on the “PLACE ORDER” button. Before completing the check-out procedure you will be requested either to register for or log into your personal account. You can, if you prefer, checkout without registering, but you will be required to provide the necessary personal and payment data to process the Order.
We will not accept Orders placed in any way other than as detailed above.
If you have any problems during the placement of an Order or if you are not sure whether or not your Order made through the website has been finalized, contact us using the contact information in the Contact Us section.
When you place an Order you make an offer to us to purchase the Goods you have selected. Orders are subject to availability and acceptance by us and we may, at any time and at our sole discretion, refuse to accept your Order, including but not limited to the cases where:
(i) You provided us with incorrect information, including without limitation, insufficient or incorrect payment details, incorrect billing information; insufficient or incorrect shipping address; or fraudulent information;
(ii) There is an error on our Website relating to the Goods that you have ordered, for example an error relating to the price or description of the Goods as displayed on our Website;
(iii) The Goods that you have ordered are no longer available through our Website.
We will not be liable to you or any third party for withdrawing any Goods from the Website, removing or editing any materials or content on the Website, refusing to process an Order or suspending any transaction after we started to process it.
If we cannot accept your Order we will contact you by email or telephone as soon as possible but in any case no later than 30 (thirty) days from the date of your Order. If we cannot accept or perform your Order because the Goods are no longer available, or because of an error in the prices and/or other information about the Goods for which you have placed an Order, we will contact you and suggest alternative products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Goods we cannot supply and refund to you any money that you have paid to us in respect of those Goods.
If you have placed the Order through the Website you will receive an e-mail confirming receipt of your Order, containing the relevant details of your Order (such as quantities, price, shipping terms). Please note that this e-mail does NOT constitute an acceptance of your Order. Unless you cancel your Order, your Order will be accepted and the contract between us and you will be concluded only when we dispatch the Goods. At such time you will receive an Order Shipment Confirmation e-mail informing you that we have dispatched all, or a part, of the Goods covered by your Order.
Orders can be modified or cancelled at any time before being processed by us. If you wish to modify or cancel your Order please contact us using the contact information in the Contact Us section. We will not accept orders cancellation made in any way other than that listed above. Once your Order has been processed you may only exercise your right of withdrawal according to the procedure under Clause 9 below.
3. WHAT HAPPENS IF GOODS ARE UNAVAILABLE
We will make reasonable efforts to ensure that the information about Goods displayed on our Website are always accurate. However, when you place an Order certain Goods may be out of stock.
If we are unable to send you the ordered Goods within 30 (thirty) days from the date of your Order, we will contact you and ask you if you would like us to cancel your Order either partially or entirely and, in such a case, we will refund to you the cost of the Goods in the cancelled Order. If we do not receive a response to our e-mail or any voicemail message that we may leave for you, we will send you an e-mail reminder. If you do not contact us within a further 3 days, we will cancel your entire Order and refund to you the cost of the Goods. Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens' Advice Bureau.
4. OUR e-GIFT CARDS
On occassionally, Electronic Gift Cards (“e-Gift Cards”) are available for purchase on the Website by following the process to place an Order described in Clause 3 above. To purchase an e-Gift Card, please click here and choose among the different amounts available.
When you purchase an e-Gift Card, we will deliver it to your e-mail address or to a different recipient’s e-mail address that you have provided to us, provided that payment has been authorised by the issuer of your payment card. You will receive an Order Confirmation by e-mail when your e Gift Card has been sent to the recipient confirming that we have accepted your Order for the e-Gift Card.
Please read carefully the terms and conditions of use of our e-Gift Cards before placing an Order. You can access the terms and conditions by clicking here.
We offer E-Gift Cards as a service to you. If you are not satisfied, or have simply changed your mind about purchasing the e-Gift Card , you may exercise your right of withdrawal without penalty and without giving any reason and request a refund, pursuant to The UK Consumer Protection (Distance Selling) Regulations 2000 provided that you inform us of your decision within 7 working days of delivery of the e-Gift Card (provided that the e-Gift Card has not been redeemed during this time), and follow the process of withdrawal described in the related e-Gift Card Terms and Conditions by clicking here.
5. OUR PRICING POLICY
The prices of the Goods are indicated on our Website and will be confirmed in the Order Confirmation we will send to you via e-mail.
All prices are in Pounds Sterling and inclusive of VAT.
Delivery costs may apply to your Order as indicated on our Website at the time you submit your Order. Delivery costs will depend on the value of your Order and your required shipping method. To see our applicable delivery charges and terms and conditions please click here.
We reserve the right to modify the price of our Goods on our Website at any time and without prior notice. Changes to the price of Goods will not affect your Order once we have accepted the Order and sent to you an Order Confirmation.
If we find an error in the price of Goods you have ordered, we will inform you as soon as possible by e-mail or telephone and we will offer you the option of reconfirming your Order at the correct price or cancelling your Order. If you cancel the Order, we will refund or re-credit you for any sum that has been paid by you.
6. HOW CAN I PAY
You may pay for your Goods by credit or debit card, or via PayPal. We accept most payment cards, like, Maestro, Solo, Visa, Master Card and American Express. Payment must be made in the currency as indicated on your Order before you submit it.
If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be debited for the total value of your Order at the time your Order is received by us. We will not accept your Order, neither will we supply the Goods to you until your credit or debit card issuer has authorised the use of your card for payment of the Goods ordered. If we do not receive such authorisation we will notify you. We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
We take all reasonable care to make our Website secure and to prevent frauds. All credit and debit card transactions on this Website are processed by “SAGEPAY PAYMENT SERVICES”, a secure online gateway that will be responsible for holding and automated handling in a secure environment of the information relating to your payment details. Please note that we may, at any time and at our sole discretion, restrict shipping to certain countries we believe to be at high fraud risk.
If you are paying by PayPal you will be asked to log in to your account with your email address and password to confirm the payment. If you do not have a PayPal account you can still pay with PayPal up to a maximum of 10 times and will be asked to enter personal data and credit card details. Your Goods will be supplied after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
We will send the Goods to you at the delivery address indicated on your Order Confirmation. We may, however, only send documents by e-mail to the e-mail address which you provided at the time of making the Order.
7. WHEN ARE GOODS DELIVERED AND HOW CAN I TRACK MY ORDER
Goods ordered through this Website will only be delivered in United Kingdom, Northern Ireland and the Isle of Man. Delivery will be made by standard or express courier at your choice during normal business hours. Delivery charges may apply to your Order; to see our delivery terms and conditions and delivery charges please click here. Upon delivery of the Goods to our carrier we will send you an Order Shipment Confirmation email.
We will not deliver any Goods unless or until payment has been received. We will make any reasonable efforts to deliver the Goods within the delivery time specified in our Delivery Terms and Conditions. However, any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery.
If there is no one at the nominated delivery address who can accept delivery of Goods, we will deliver at your neighbour’s address and leave a notification card in your mail box. If also your neighbour is not at home the parcel will be re-directed to your local Post Office for collection. You will be advised in this case by a note left in your mail box by carrier.
Title to and risk of loss in your Goods will pass to you on delivery.
You can check the current status of your Order by clicking on the link included in your Order Shipment Confirmation email.
8. HOW TO RETURN GOODS
If you wish to return for a refund any Goods which were supplied in error, were incomplete, damaged or faulty, or in the event that you exercise your right of withdrawal pursuant to Clause 9 below, you can do so by:
1. Filling out the consignment note (included in the package containing the Goods) indicating which goods you are returning and the reason for return, If you no longer have the consignment note received with the Goods please contact us.
If you have received the Goods as a gift you must provide an e-mail address, or alternatively Goods may be returned by the original purchaser.
Returns of misdescribed Goods must be made within 30 (thirty) days of receipt, or in case of faulty and/or damaged Goods within 2 (two) years from purchase.
Returns in exercise with the right to withdrawal contained in Clause 9 must be made within 7 working days of receipt of the Goods.
Returns outside these timeframes will only be accepted at our discretion.
2. Returning the Goods in their original packaging, complete with any related accessories or instruction booklets, together with the consignment note filled out as above. All Goods will be inspected on return.
It is your responsibility to obtain proof that the Goods have been returned, by returning the items by registered post or by such other means which gives proof of date of postage and delivery. We recommend that you return the Goods by means which allow you to track their return and which insures you for the value of the Goods. We do not accept liability for Goods which are damaged or lost during the shipment to us;
3. Before returning any Goods to us please check that you have:
(i) Filled out the consignment note as above;
(ii) Enclosed all accessories and other material supplied unless informed otherwise;
(iii) Used all packaging that was originally supplied;
(iv) Include your Order Confirmation or other proof of purchase (unless you are returning a gift);
(v) Ensured the return address as indicated on the consignment note is clearly visible on the outside of the shipping box;
(vi) Sealed the packaging securely;
4. You will be notified by email once your return has been received and processed. Where you have received the Goods as a gift we will contact you using the email address given at the time of return or where this has not been provided notification will be sent to the original purchaser.
Please also note that we will not process your refund until we receive the Goods. Once we receive the Goods, we will:
(i) Examine the Goods you have returned to us to verify whether they are faulty, damaged or if they do not correspond to their description on the Website;
(ii) At your option where the Goods are faulty, damaged or if they do not correspond to their description on the Website: (i) repair the Goods or replace them with new non-faulty or corresponding Goods; or, (ii) refund the price paid for the Goods (along with the original delivery fees). Save that where you have requested, and we are unable to, repair or replace the Goods, we will refund the price paid for the Goods (along with the original delivery fees);
(iii) In any case where the Goods are faulty, damaged or if they do not correspond to their description on the Website, refund to you any delivery costs incurred in returning the Goods to us, provided that you send us satisfactory evidence of the costs actually incurred in returning the Goods. Where such evidence is not provided we will refund you an estimated cost of return postage. Where Goods have been returned pursuant to your right to withdrawal contained in Clause 9, or if the Goods are returned for reason other than them being faulty, damaged or not corresponding to their description on the Website the cost of return shall be at your charge;
(iv) Credit the refund for the Goods back to the payment card that you used to pay for the Goods, or repair or replace the faulty or damaged Goods approximately 14 (fourteen) days and in any case no later than 30 (thirty) days from the date that we receive the returned Goods. Where refund is offered on Goods purchased using an e-Gift Card or the credit available on your Account on the Website, the amount will be refunded respectively to the e-Gift Card used to make the purchase or credited to your Account on the Website. Where the e-Gift Card used to make the purchase has expired, we will issue a new one for the refund value;
IF IN OUR SOLE OPINION, THE GOODS YOU HAVE RETURNED TO US ARE NOT FAULTY, DAMAGED, AND CORRECTLY CORRESPOND TO THE DESCRIPTION DISPLAYED ON OUR WEBSITE, OR THEY HAVE NOT BEEN RETURNED IN ACCORDANCE WITH YOUR RIGHT TO WITHDRAW UNDER CLAUSE 9, YOU WILL NOT BE ENTITLED TO A REFUND AND WE WILL RETURN THE GOODS TO YOU.
Please review our Return Policy before returning Goods for any reasons.
9. YOUR RIGHT OF WITHDRAWAL
If you have received the ordered Goods and are not satisfied with any of them or have simply changed your mind about purchasing them after we have e-mailed you your Order Confirmation, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund, pursuant to The UK Consumer Protection (Distance Selling) Regulations 2000 provided that:
(i) You inform us of your decision to cancel the contract within 7 (seven) working days of delivery of the Goods, in writing by hand or registered letter, e-mail or telephone, provided that if you notify us by e-mail or telephone you confirm your decision by registered letter with return receipt, at the following address:
73 Elgin St
The Kennys Music trade mark as well as all trade marks, whether they are figurative or not, and all other marks, illustrations, images, and logo which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of K G Music Ltd. and its licensors. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logo, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited and will be prosecuted.
14. CIRCUMSTANCES BEYOND OUR CONTROL
We will make every effort to perform our obligations under these Terms of Sale. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control, including, without limitation, an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment.
We will inform you of any such unforeseen event as soon as possible after its occurrence and we will perform our obligations as soon as reasonably possible. Should this interruption continue beyond a period of 2 (two) weeks, you will be entitled to cancel the Order, and a refund will be made in accordance with Clause 9 of these Terms of Sale.
15. APPLICABLE LAW
These Terms of Sale are governed by the law of Scotland without regard to its conflicts of laws provisions. To the extent this is permitted by the applicable laws on consumer protection, any action or claim related to these Terms of Sale shall be submitted to the exclusive jurisdiction of the courts of Scotland.
16. RESALE / RESHIPPING OF OUR MERCHANDISE
We constantly monitor the quality of the Goods that we offer to our customers in order to guarantee constant customer satisfaction. Our Goods are only distributed in our and our authorised resellers' stores. You must not misrepresent yourself as being one of our authorised resellers or as being qualified to resell our Goods. We reserve the right to refuse to accept your Order, if we suspect that you intend to resell our Goods.
17. CONTACT US
If you have any questions about these Terms of Sale, our Goods or your Order, contact us using the contact information in the Contact Us section.
18. GENERAL TERMS
Neither our failure nor your failure to enforce any term of these Terms of Sale constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
In these Terms of Sale:
. "Contract" means the contract between you and us for the sale and purchase of Goods, comprising your Order, our Order Confirmation of your Order and these Terms of Sale;
. "Goods" means the products that we sell on our Website from time to time, including but not limited to guitars, amplifiers, electronic instruments, drums and accessories;
. "Order" means an order for Goods placed according to these Terms of Sale;
. "Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order at the moment the Goods are dispatched and the relevant details of your purchased Goods;
. "Terms of Sale" means these terms and conditions of sale;
. "we", "our" or "us" means K G MUSIC LIMITED, whose registered office is K G MUSIC 73 Elgin St, Dunfermline, UK, KY12 7SD;
. “Website" means our website located at www.kennysmusic.co.uk
. "you" or "your" means you, the customer.