Terms and Conditions

ABSOLUTE MUSIC RETURNS POLICY

The terms and conditions outlined here are provided in addition to your statutory rights and are valid as of: 23/03/2011. For our previous terms and conditions please click here. If you wish to return a product or report a fault, please complete the form at www.absolutemusic.co.uk/service. Please note that our technical support lines are open: Monday-Friday 9.30am-5.30pm Returns Department Address:

Absolute Music Solutions. Unit 5 Knighton Heath Industrial Estate 855 Ringwood Road. Bournemouth BH11 8NE

+44 (0)1202 597180 (option 3)

All Customers

Unwanted Items

Items can be returned for a refund within 14 days of receipt of goods or an exchange within 30 days of receipt of goods provided they are returned in the original packaging, are complete and in 'as new' condition. While in possession of the items you are under a statutory duty (Consumer Rights Directive) to take ‘reasonable care’ of them. This entitles you to open the box to inspect the contents, and try out the product in a way that would be considered reasonable within a shop environment. We reserve the right to take action under the Distance Selling Regulations if reasonable care is not taken. If you wish to return an item, then please complete the form at www.absolutemusic.co.uk/service in order that we know to expect the item back. Please make sure that you use an insured delivery service as we cannot accept responsibility for items that are lost or damaged on the way back to us. Alternatively, we can arrange collection with our courier, although this service is chargeable.

Exceptions

The following items are non-returnable under any circumstances in accordance with the Consumer Rights Directive:

  • Software where the wrapping has been opened or any seal has been broken
  • DVD’s or audio CD’s where the wrapping has been opened of any seal has been broken
  • Built to order or special order items such as flight cases
  • In ear monitors or ear buds due to hygiene reasons
  • Please also note that items indicated as 'ordered on request' on our website are not subject to our 30 day return policy and will not be refunded or exchanged after the initial 14 day period.

Faulty Items

Faulty Items within 30 days of purchase:
Should you be unfortunate enough to receive a faulty item or the product develops a fault within 30 days, we will be happy to arrange to have this item collected at our expense and either:

  • Provide a like for like replacement depending on stock availability – please note that this option will not apply to items sold as b-stock or indicated as 'ordered upon request' on our website
  • Repaired under warranty
  • Refunded or Credited against another purchase.

Faulty Items outside 30 days (within 365 days) of purchase:
Should your purchase develop a fault after 30 days (but within 365 days) from date of receipt we will be happy to help facilitate any warranty repairs necessary subject to the terms and conditions below. We will be happy to arrange collection at our cost (within the UK) or your cost (outside of the UK) and we may choose to send the item to the manufacturer or repair in our own service centre. If the repair is uneconomical we reserve the right to offer an exchange or refund at our discretion. We will only take responsibility for collection costs from the original country that the item was delivered to. If the item has been exported then we will not cover any additional costs of collection and/or delivery.

Please note that if an item is deemed by the manufacturer to be out of warranty due to misuse or accidental damage any costs involved in its repair will be passed on to the customer.

Items with a manufacturers warranty longer than One Year:

Should your item develop a fault outside the first year of purchase then you will be liable for any and all carriage costs associated with returning the item to us in order for the item to be returned to the manufacturer for repair under warranty.

We can arrange collection in these cases but this would be chargeable at £20. Should you take advantage of our courier service we would not accept any liability for any loss or damage that may occur. For valuable items and peace of mind, insured collections are available at an additional charge.

Pre-owned and Ex-display items:
Pre-owned and ex-display items are subject to the same level of service as new items during the first 30 days. Pre-owned items then continue to be covered for a further 60 days and ex-display items for a further 335 days after which time our guarantee for these products ends. This does not affect your statutory rights.

Items Damaged in Transit:

Please note, if you are unlucky enough to receive your item damaged you must inform us of the damage with 48 hours of receipt. Please visit this page to submit a contact form

Items Not Received as Expected:

Please note, should your items arrive and are not what you were expecting or something is missing, you must inform us within 5 days of receipt. Please visit this page to submit a contact form

Non-UK Customers

Please also note that all items are supplied as UK-ready. We cannot be responsible for use of items outside the UK or any damage that may occur as a result if this. If in doubt, please check that it will work with your country's supplied voltage before purchase. You may also need a power plug convertor.

Please note that we will not accept liability for return shipping on items faulty or otherwise outside of the UK & Ireland.

Please note VIP membership is only available to UK customers.

Conditions of our 3 Year Warranty ( VIP Club members only)

Please note VIP membership is only available to UK customers. In order to qualify for our warranty service, the following conditions must be satisfied:

  • The product must not have been modified in any way other than the replacement of components considered to be of a consumable nature (e.g. guitar strings).
  • Reasonable care must have been taken of the product at all times. (e.g. guitars must have been kept in cases or suspended safely and must not have been subject to humidity changes which could cause damage to the wood)
  • We do not cover guitar finishes beyond that which would otherwise be covered by the manufacturer. If in doubt please contact us before buying as this may vary depending on manufacturer. All guitars while in our care are kept in a carefully controlled environment.
  • We do not cover Apple computers and accessories.
  • The fault must not have occurred due to a fault in any other product or accessories used in conjunction with it.
  • To avoid confusion, cosmetic or accidental damage is not covered under any circumstance. Faults caused due to neglect are also not covered.
  • The product must have been used correctly at all time in accordance with the manual. If no manual was supplied with the product, it is your responsibility to obtain one either digitally or by contacting us.
  • The product must not be one that is considered to be a consumable or perishable item.
  • Any parts or products replaced by us during a warranty repair or replacement become property of Absolute Music Solutions.
  • If we deem a product to be uneconomically repairable then will provide a store credit for the current second hand market value of the item.
  • This warranty is offered independent of the a manufacturer's warranty and does not affect your statutory rights.
  • This warranty is offered only on items that have not left the UK

For clarification the following items are NOT covered under our 3 Year VIP Club Warranty:

  • Cymbals

     

  • Used equipment of any kind
  • Cases and gig bags
  • Accessories supplied with bundle deals e.g. SD cards, speaker stands & cables
  • Drum sticks
  • Guitar or Bass strings
  • Valves contained in amplifiers or other equipment, e.g tube microphones

 

ABSOLUTE MUSIC TERMS AND CONDITIONS

Welcome to the Absolute Music terms and conditions, which apply to your use of the Absolute Music Website. By accessing this Website, you agree to be bound by them.

DEFINITIONS "Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means Absolute Music, "Website" means the website located at {url} or any subsequent URL which may replace it; and "You/your" means you as a user of the Website or customer of Absolute Music.

1 ACCESS We will provide you with access to the Website in accordance with these Conditions.

2 YOUR OBLIGATIONS 2.1 You: 2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws; 2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; 2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; 2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; 2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); 2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

3 INDEMNITY 3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.

4 OUR RIGHTS 4.1 We reserve the right to: 4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. 4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control. 4.3.1 We reserve the right to decline any order placed on this website or third-party shopping site 4.3.2 An order placed on this website or via third-party shopping site does not constitute a contract for supply of product.

5 THIRD PARTY LINKS In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

6 MONITORING We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

7 YOUR DATA 7.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place. 7.2 You should be aware that: 7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and 7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise. 7.4 Please view our Privacy Policy, which forms part of these Conditions.

8 INTELLECTUAL PROPERTY AND RIGHT TO USE 8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us. 8.2 The Website is Copyright, Absolute Music, 2003. All rights reserved.

9. NOTICES 9.1 You may send us notices under or in connection with these Conditions: 9.1.1 by post to {address}; 9.1.2 by email to [email protected] 9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.

10. LIMITATION OF LIABILITY 10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. 10.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. 10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. 10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under {country} law. 10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. 10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link. 10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for: 10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 10.7.2 any loss of goodwill or reputation; or 10.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. 10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

11 SEVERANCE If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

12 WAIVER Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

13 SURVIVAL Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

14 ENTIRE AGREEMENT These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

15 LAW The Conditions will be exclusively governed by and construed in accordance with the laws of {country} whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

16 RETENTION OF TITLE AND LATE PAYMENT
1. Title to the goods shall remain vested in Absolute Music Solutions Ltd and shall not pass to you until the purchase price for the goods has been paid in full and received by Absolute Music Solutions Ltd. Until title to the goods passes:
1.1 Absolute Music Solutions Ltd shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods;
1.2 Absolute Music Solutions Ltd and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the goods or any part are stored, or upon which Absolute Music Solutions Ltd reasonably believes them to be kept;
1.3 You shall store or mark the goods in a manner reasonably satisfactory to Absolute Music Solutions Ltd indicating that title to the goods remains vested in Absolute Music Solutions Ltd; and
1.4 You shall insure the goods to their full replacement value, and arrange for Absolute Music Solutions Ltd to be noted on the policy of insurance as the loss payee.
2. Irrespective of whether title to the goods remains vested in Absolute Music Solutions Ltd, risk in the goods shall pass to you upon delivery.
3. All invoices must be settled according to the agreed payment terms. We reserved the right to charge 8% above base rate and all costs involved in recovering the debt.

17 CURRENCY International Currencies (non GBP) are a guide price only, you may be charged slightly differently by your bank.