The Strad Shop
OUR TERMS OF SALE
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.1 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. You should print out and keep a copy of these terms if you buy any products from us.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Newsquest Specialist Media Limited a company registered in England and Wales with company number is [NUMBER] and our registered office is at Loudwater Mill, Station Road, High Wycombe HP10 9TY Our registered VAT number is 667 8301 08.
2.2 How to contact us. You can contact us by emailing our customer service team via email@example.com or by writing to us at:
The Strad Shop, Newsquest Specialist Media, 4th Floor, 120 Leman Street, London, E1 8EU
2.3 How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will tell you and will not charge you for the product by providing a refund. For example, this might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 You are over 18 years old. By placing an order with us, you are confirming that you are at least 18 years old and legally capable of entering into a binding contract. If you are under the age of 18, you must get your parent or guardian to purchase the products on your behalf.
4. OUR PRODUCTS
4.1 Our legal duty to you. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your general legal rights.
4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your product and its packaging may vary slightly from those images.
4.3 Making sure your measurements are accurate. If you are asked to supply measurements so that we can provide the right product, you are responsible for ensuring that these measurements are correct.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
But these are changes which will not materially affect your use of the product.
5.2 More significant changes to the products. If we make any more significant changes to the product you have ordered (including for instance price changes), we will notify you in reasonable time in advance and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
5.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description that we provided to you before you bought it.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website. If you use our tracked courier service, you will be able to monitor the progress of your order.
6.2 When we will provide the products.
(a) If the products are goods. If the products are goods we will try to deliver them to you as soon as reasonably practicable after we accept your order and, for delivery in the United Kingdom, within 30 days. Orders are dispatched via a standard delivery service which is processed weekly, and we are unable to guarantee delivery times. However, estimated delivery times for products currently in stock are:
– United Kingdom – allow up to 15 days
– Europe – allow up to 45 days
– Rest of the world – allow up to 90 days
Deliveries may take longer because of customs delays or at certain times of the year, such as Christmas, and you should allow for this when placing your order.
(b) If the products are one-off services. We will begin the services right away or otherwise on the date agreed with you during the order process and an estimated completion date for the services may be given to you during the order process.
(c) If the product is a one-off purchase of digital content purchased within the store. We will take steps to make the digital content available for download by you as soon as we accept your order.
(d) If the products are ongoing services or a subscription to receive goods or digital content purchased within the store. We will begin right away or otherwise on an agreed date and we will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable), or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
6.3 Products may be out of stock or we have to order them especially for you. We aim to keep the website and the current stock availability up-to-date and indicate when a product is temporarily unavailable. Some of our rarer products are difficult to obtain and we have to track them down. In each case, this will mean delay.
6.4 Customs clearance on overseas orders. You may be subject to import duties and taxes, which are levied once a shipment reaches your country from the UK. You will be responsible for any such additional charges. Border controls and customs clearance may be the cause of delay which is outside our control and shipments may be subject to opening and inspection by customs authorities. Customs rules vary widely from country to country and we advise you to contact your local customs authority for further information.
6.5 We are not responsible for delays outside our control. If we become aware that our supply of a product is delayed by an event outside our control including clause 6.4 above), or on account of reasons in clause 6.3 above, then we will try to contact you to let you know and we will take what steps we reasonably can to minimise the effect of the delay. Provided we do this, we will not be liable for delays so caused, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received (excluding delivery costs). In such cases, we will charge an administration fee of £30 or 50% of the costs of the product (whichever is lower).
6.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we or our agent will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
6.8 When you own the goods. You own a product which is goods once we have received payment in full.
6.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, measurements, address details or product choices. If so, this will have been stated in the description of the products on our website or in the order process. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of our asking for it.
6.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as notified by us to you (see clause 5).
6.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent. If we have to suspend the product for more than 15 days, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
(d) In all other cases (if we are not at fault and there is no right to change your mind), you may end the contract before it is finished, but then we have a right to receive compensation from you. Ending a contract for ongoing services (for example a subscription) is possible, but it is subject to three calendar months’ notice. This means we will go on supplying the services, and you will be liable to pay for them, for three months after the day you contact us. We will refund any advance payment you have made for products which will not be provided to you. But we will have a right to recover from you any discount on price you were given for a longer period.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. (There is no administration charge in such cases). The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed for reasons within the control of us or our agents;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
For delay caused by reasons outside our control, see clause above
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running, and you will still have to pay for any work done after the start of services;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? How long you have will depend on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us by phone, email or post using the information set out at clause 2.2 above. Please provide your name, home address, details of any order number, what you bought, when you ordered and received it and, where available, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at [INSERT ADDRESS] or (if they are not suitable for posting) allow us to collect them from you. Please call or email customer services using the number or address in clause 2.2 above for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 Courier service. You will be liable to compensate us if the products are not returned safely, so we recommend that you use a tracked and insured courier or special delivery service, particularly if you are buying from outside the United Kingdom.
8.4 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return or collection.
8.5 How we will refund you. We will refund you the price you paid for the products including the costs of delivery to you, by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) Where the product is a service, we may deduct from any refund a proportionate amount for the supply of the service for the period for which it was supplied (in comparison with the full period of the contract) and any necessary preparatory work done, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8.8 Multi-buy items. Refunds are not available for individual items in a multi-buy promotion. Where there is a right to a refund, all the items in the promotion may be returned and refunded, or alternatively an individual item replaced at your request.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you;
(d) if relevant, you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 15 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team (see clause 2.2 above).
10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject faulty products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services as set out in clause 2.2 above for a return label or to arrange collection.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our taking care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment through our payment agent with the credit cards and debit cards specified in the order process. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
(c) For services, we may require you to make an advance payment of a portion of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 30 calendar days after the date of the invoice.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue daily, from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, fit for any particular purpose made known to us, correctly installed (where installed by us), services supplied with reasonable skill and care; and for defective products, under Consumer Protection Act 1987.
12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, there are outstanding payments or disputes, or your transferee lives in a different country to yours.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of this contract, that will not mean you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you for but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
14.7 Alternative dispute resolution. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. This is an independent body which considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform:
Newsquest Specialist Media 2018