Trading terms and conditions of The Dalcroze Society UK (Inc)

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.

We are:
The Dalcroze Society UK (Inc)
Our address is:
7 CANADA RISE, WILTSHIRE, DEVIZES, SN10 4AD, United Kingdom
Our telephone number is:
01380 813198
You are:
a visitor to Our Website / our customer

The terms and conditions

1. Definitions

In this agreement:

“Carrier”
means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer”
means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website”
means the entire computing hardware and software installation that is or supports Our Website.
“Goods”
means any of the Goods we offer for sale on our Website.
“Content”
means any material in any form published on Our Website by us or any third party with our consent.
“Material”
means Content of any sort posted by you on Our Website.

2. Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Goods.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.5 Unfortunately, we cannot guarantee that Goods advertised on our website are available.
2.6 If we do not have all of the Goods you order in stock or we are unable to dispatch your goods, we will offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;
2.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

3. Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

4. Price and Payment

4.1 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 The price of Goods on Our Website will be displayed inclusive of any applicable UK Value Added Tax. All displayed prices are to be considered final. No further deductions are made to the displayed price of Goods purchased or delivered to Consumers outside of the European Union or ‘outside of scope’ of UK Value Added Tax.
4.3 All prices on our website are in GBP (£)
4.4 The following credit and debit cards can be used for payment

5. Delivery

5.1 Deliveries will be made by a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are unable to deliver your order after two calls by our carrier, we will cancel your order and return money paid for the goods. We will retain any charge we made for delivery.
5.3 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
5.4 We will send you a message by email to tell you when we have despatched your order.
5.5 Any dispatch or delivery timescales displayed on Our Website are to be considered estimates and are not guaranteed. Goods maybe dispatched or delivered up to 7 days later than estimated without any notice. If we cannot meet our estimated timescale, you will be informed via email of the delay and will be issued with a new estimated dispatch or delivery date.
5.6 We reserve the right to only dispatch goods to the address registered to the debit or credit card you used when placing your order.

6. Cancellation of order

6.1 You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
6.2 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any, within 30 days.
6.3 If you cancel after we have despatched the Goods;
6.3.1 You must return them to us within 10 days in the same condition in which you received them. We cannot refund your money if the Goods are not returned within this timescale or if the product packaging is damaged or if the Goods appear to be used, worn or damaged.
6.3.2 You must arrange for the return of Goods, which will be entirely at your own risk and cost. We therefore recommend that you use a guaranteed and recorded delivery service.
6.3.3 You must assist us in identifying your Goods on receipt, by requesting a returns reference number which must be placed on the external packaging of the returned Goods. Alternatively a photocopy of your receipt may be enclosed with the returned Goods.
6.3.4 Upon receipt of the returned Goods, we will refund the price of the Goods within 30 days, excluding the cost of delivery, if any.
6.4 This paragraph does not affect your rights in the event that the Goods are faulty.

7. Foreign taxes, duties and import restrictions

7.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8. Returning faulty Goods

8.1 These provisions apply in the event that you wish to return Goods to us because you say they are faulty or defective. To do this, it is essential that you follow the instructions below:
8.2 You must request a returns reference number from our website within 30 days from the date you receive your order.
8.3 When requesting your returns reference number, you will be asked to specify full details of the defect or an alternative reason for the request to return the Goods. Once we are satisfied that you are eligible to request the return you will be issued with a returns reference number.
8.4 Upon receiving a returns reference number you must return the Goods to us within 10 days.
8.5 Goods must be returned to us with the returns reference number clearly marked on the external packaging of the returned Goods. Goods received by us without a valid returns reference number cannot be processed.
8.6 You are responsible for the entire cost and risk of returning Goods. We therefore recommend that you use a guaranteed and recoded delivery service when returning Goods.
8.7 We only accept the return of Goods which have been purchased directly through Our Website. If you did not purchase your Goods from Our Website, please contact the retailer from which you purchased your Goods, and request details of their returns procedure or policy.
8.8 We will refund the price of the Goods within 30 days from the date we receive your returned Goods.
8.9 Failure to follow these instructions or meet the terms outlined in this paragraph may result in the loss of your Goods or the loss of eligibility to receive a refund.

9. Disclaimers

9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for your purpose;
9.3.2 the truth of any Content on Our Website published by someone other than us;
9.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9.7 The above two sub paragraphs do not apply to a claim for personal injury.

10. Content and Intellectual Property Rights

10.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other third party content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). We will strongly protect those rights in all countries.
10.2 Any intellectual property licensed to us by any third party in connection with our Goods and Our Website shall remain the sole property of the licensee(s).
10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
10.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

11. Your email address

11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

12. System Security

12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
12.3 You may not use any software tool for the purpose of extracting data from our website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

13. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

14. Miscellaneous provisions

14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.