Terms and conditions of use

Musicmaker Ltd

Terms and conditions of use of this website

(Henceforth referred to as “these terms and conditions”)

1. If you use this website

2. Who we are and our contact information

3. Placing an order by using our website

4. Delivery of your order

5. Damaged Goods

6. Withdrawal of your order

7. Pricing and description of goods

8. Payment

9. Financial packages and agreements

10. Guarantees; Warranties; After sales service

11. Site Usage and Service Access

12. Copyright

13. Data Protection

14. Waste Electrical and Electronic Equipment Directive (WEEE)

15. If you are unhappy with us

16. Legal issues: what our lawyers make us say

1. If you use this website

1.1. These terms and conditions apply to online and distance selling purchases only and apply to all users of this website (henceforth referred to as "you"), and Musicmaker Ltd (henceforth referred to as "we" or "us").

1.2. Use of this website constitutes acceptance by you of all of these terms and conditions. We reserve the right to amend these terms and conditions at any time, without notice. Any such change will only apply to the use of this website and to any goods or services ordered by you after those changes have been incorporated into these terms and conditions or have been otherwise notified to you in writing or by email. No liability is accepted to you or to any other party by us by making changes to these terms and conditions

1.3. By using this website you understand and accept that goods ordered by you may form the basis of a legally binding contract between you and us for commercial reasons, subject to these terms and conditions. These terms and conditions include a retention of title provision requiring full payment for the goods that you order for title in those goods to pass to you.

1.4. If you do not agree to any of these terms and condition, please do not use this website. These terms and conditions do not affect your statutory rights.

2. Who we are and our contact information

2.1.. This website is owned and operated by Musicmaker Limited, a company registered in Ireland.
Company Registration Number: 86479
VAT Registration Number: IE 4629459S

Trading address and registered office: 29 Exchequer Street Dublin 2 Ireland

Musicmaker Ltd

Email address: info@musicmaker.ie

Telephone:

Office: 353 (01) 677 9004

Sales: 353 (01) 677 9004

Service/support: 353 (01) 677 9004

Address: 29 Exchequer Street Dublin 2 Ireland

Musicmaker Ltd management/complaints/suggestions contact detail:

Email: feedback@musicmaker.ie

Telephone: 353 (01) 677 9004

Address: 29 Exchequer Street Dublin 2 Ireland

Musicmaker Ltd General Manager

Email address: gm@musicmaker.ie

Address: 29 Exchequer Street Dublin 2

3. Placing an order by using our website

3.1. Display of products and prices on our website are an invitation to treat only and are not an offer to sell or to sell at the prices displayed. All orders made by you through this website are subject to acceptance by us. We reserve the right to refuse any order and we will not be liable to you or any other party for any loss in respect of any such refusal. A full refund will be made in respect of any order refused by us.

3.2. If you place an order through this website we will send you an acknowledgement by email (or other written form) setting out your order number and details of the goods and/or services that you have ordered. This acknowledgement is not an acceptance of your order and does not constitute a legally binding contract between you and us.

3.3. Your order is accepted and a legally binding contract between you and us only exists when the goods and/or services that you have ordered are dispatched (or partially dispatched) by us.

4. Delivery of your order

4.1. We will endeavour to dispatch your order promptly.

Delay in dispatch may be caused by orders received:

Outside our normal dispatch hours

On weekends or public holidays

At times of heavy order demand; for example Christmas.

If the goods ordered are particularly heavy or fragile or valuable or where additional handling may be required.

If we do not have your order in stock or if we need to order or to have the goods modified specifically for you.

We reserve the right to amend the delivery time or means of delivery or to deliver your order in more than one consignment. We will do our utmost to keep you informed by email or telephone of any such changes; but we cannot accept liability for any reason for any delay or amendment of delivery time or method of delivery or multiple consignment delivery.

4.2. When any of the goods are delivered to the address specified in your order, you become solely responsible for the safekeeping, storage, and proper usage of those goods. You are responsible for any liability or damage or loss however arising that occurs after delivery.

4.3. Delivery charges are quoted to you at the time that you place your order.

You are liable (unless otherwise agreed) for additional delivery charges where:

Additional delivery charges are subsequently agreed by you.

Delivery is made to alternative address from that indicated in your order

Where more than one attempt at delivery is made

4.4. We reserve the right to deliver only to the paying cardholders billing address when you make payment of your order by credit or debit card. Alternative delivery address may be agreed by us at our sole discretion, which may require additional credit or debit card authentication or authorisation. Orders paid for by use of American Express card will only be delivered to the cardholders billing address.

4.5. You agree that proof of delivery to the agreed delivery address, supplied by any of the delivery services that we use (courier, post office, other), is accepted by you as evidence that the goods ordered by you have been delivered to you.

4.6. If we agree or accept partial return of the good in your order we reserve the right to recalculate our delivery charges as if they were calculated on the basis of your order less any goods returned and you will be liable for any additional delivery charges resulting from that recalculation.

5. Damaged Goods

5.1. If any of the goods are delivered to you damaged, you must report those damages to us within 24 hours of delivery indicating in reasonable detail the damages sustained. We reserve the right to obtain reasonable additional detail of the damages including photographic evidence from you before accepting liability for damages reported. We will not accept liability for any damages that are not reported to us in this manner within the time indicated.

When we accept liability for goods damaged in transit, we reserve the right to collect the damaged goods from you at our cost, and at our discretion to either make a full refund to you for the price charged to you for the damaged goods (including an apportionment of delivery charges that you paid for the goods delivered); or to replace the damaged goods at our cost. We will not accept any further liability in respect of the damaged goods.

6. Withdrawal of your order

6.1. You can withdraw your order for the goods ordered by notifying us by email or in writing within seven days of delivery of the goods to you, subject to the provisions of this section.

6.2. We will arrange for collection of the goods and you will be responsible for the direct cost of returning the goods to us. You will be expected to co-operate with us in arranging collection of the goods from you.

If you prefer to return the goods to us yourself, you must email or write to us (not verbally or by telephone), quoting your order or invoice number, within seven days of the date of delivery of the goods requesting a Goods Returns Authorisation Number (GRAN). We will email or write to you supplying a GRAN that you must quote on all returned goods and delivery papers and in any correspondence or in order to track your refund for the goods returned. Goods returned without a valid GRAN may be rejected or may cause delay in us accepting the returned goods. Goods returned by you will be at your own cost and risk.

6.3. Goods returned must be in original condition with manufacturers packaging and wrapping intact.

6.4. You may not withdraw your order where any of the following applies:

6.4.1. Special Orders - Any goods made or modified to your specification or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly. This includes any goods which are not typically stocked by us and/or have been ordered by us specifically to fulfil your particular requirements.

6.4.2. Health and Safety - any product that has come into contact with a persons ear or mouth, such as microphones, headphones, earphones or product with a mouthpiece, or where a hygienic seal on the goods has been separated or broken.

6.4.3. Computer software, audio and video products – where the packaging has been unsealed or opened or where copyright policies apply or any product is registered via digital or physical means.

6.4.4. Media and gaming products – Any products that are newspapers or periodicals or magazines or gaming or lottery services (either physical or electronic products)

6.4.5. If your order includes the provision of services, and the provision of those services has begun, with your agreement, prior to the end of seven days from the date of delivery.

6.4.6. Where your order is for the supply of goods or services, the price of which is dependent upon fluctuations in the financial market which cannot be controlled by us.

6.4.7. Where the delivery address is outside the European Union.

6.5. Where you withdraw your order and you comply with the foregoing provisions of this section we will issue a full refund of the amount charged for the goods within thirty days. Refund will normally be made in the same manner that it was received – normally directly returned to the credit card or debit card from which the payment was received. We reserve the right to charge you or deduct from any refund due to you the direct cost of the return of the goods to us.

6.6. Where delivery is refused or rejected at the agreed delivery address we may at our option assume such rejection or refusal to be a withdrawal of your order for the goods. In such instance the provisions of this section in respect of withdrawal of your order will apply and you will be liable for the cost of return of the goods to us.

6.7. In any instance where we agree to accept partial return of the goods ordered by you we reserve the right to charge you a handling charge or charge for breaking bulk in respect of any goods retained along with delivery charges in respect of the goods returned.

7. Pricing and description of goods

7.1. All prices shown in this website are in Euro currency unless otherwise stated. All prices shown include VAT. You are responsible for any import taxes, customs charges, administration charges, or similar fees and charges, payable on orders delivered outside of the European Union zone.

7.2. Prices of goods and services and shipping charges shown on this website are indicative only. We reserve the right not to supply at the prices indicated and to change those prices at any time without notice. Your order constitutes an offer to us which only becomes binding on both you and us at the prices indicated in your order upon dispatch of the goods (or part of the goods) to you. At any time prior to dispatch (or partial dispatch) we may refuse your order and we will make a full refund to you of any amount that you have paid to us for that order. Such refund is our maximum liability in respect of an order refused by us and no other claim for loss or damage will apply.

7.3. Product images and descriptions are for illustrative purposes only. We accept no liability for any difference between the images and descriptions shown on this website and the actual product.

8. Payment

8.1. All credit and debit card processing is encrypted and handled securely online. Your credit or debit card details will not be visible to our staff at any time and details of your credit card will not be stored by us. The methods of payment that we accept are detailed in this website and include credit and debit cards from various providers and bank transfer. We can accept payment by many forms of cheque or bank draft or cashiers cheque by prior agreement and arrangement.

8.2. All payments received by us from you; or any refund made by us to you; will be in the currency indicated in the pricing of products ordered by you and confirmed by email by us to you. If a currency is not specifically indicated it shall be assumed for all purposes to be European Euro. You are solely responsible for any bank or credit card fees or charges or currency conversation charges or similar charges including any difference in currency conversation rates due to timing differences between payment and refund.

8.3. Payments made by you are deemed to have been received by us only when they have actually been credited to our bank account and have been cleared so that those funds are actually available to us for our use.

If we do not receive any payment from you on the due date, we reserve the right to charge you interest at a rate of four percent above the normal overdraft rate charged by Allied Irish Banks plc on accounts that they classify as AA or similar rating.

8.4. Title to the goods ordered will not pass to you until payment in full for your entire order is received by us. If payment in full for your entire order is not received from you by the agreed date, we reserve the right to reclaim the goods and you will be responsible for the cost of any missing goods and for loss or damage sustained to the goods until they are returned to our possession. You will also be liable for collection and delivery charges and any other costs related to us regaining possession and return of those goods.

9. Financial packages and agreements

9.1. We may indicate different forms of financial packages or agreements to you for your consideration. You may have the right to cancel a finance agreement after the date that you sign the agreement. Goods that are subject to a finance agreement will only be dispatched after the cancellation period has expired and you have confirmed your acceptance of the finance agreement.

If you are offered a finance package or agreement by us or by a third party on the basis of an agreement between us and that third party, you have the right to cancel that finance package or agreement if you withdraw your order in accordance with these terms and conditions.

These provision only applies to a finance package or agreement application made online or over the telephone.

9.2. We are not financial advisors and we do not offer the service of financial advisors to you. We accept no liability in respect of the suitability of or for any loss or damage arising from your acceptance of any financial package or agreement whether or not we may have indicated it to you for consideration. We suggest that you consult your financial advisor and consider carefully the terms and conditions of any finance package or agreement before acceptance and signing.

10. Guarantees; Warranties; After sales service

10.1. All goods are supplied with a manufacturers twelve month warranty unless specified otherwise. Perishable items, such as Amplifier valves, carry a ninety day warranty. All pre-owned items or goods described or indicated to be secondhand, shopsoiled, damaged, or otherwise not in new condition, carry a ninety day warranty supplied by us unless specified otherwise. It is emphasised that these warranties do not cover normal usage or wear and tear or depreciation.

10.2. If you need to return goods to us under a manufactures warranty or under any warranty supplied by us, you must email or write to us (not verbally or by telephone), quoting your order or invoice number, requesting a Warranty Returns Authorisation Number (WRAN). We will email or write to you supplying a WRAN that you must quote on all returned goods and delivery papers and in any correspondence or in order to track progress. Goods returned without a valid WRAN may be rejected or may cause delay in us accepting the returned goods. Goods returned by you under warranty are at your own cost and risk. Such goods returned to you are at you own cost and risk.

10.3. We are not liable for any damage or fault or other loss not covered by the specific terms of the warranty supplied or not returned to us or to the manufacturer strictly in accordance with the terms of the warranty. Our maximum liability in respect of any goods returned under any warranty is for the original amount that you paid us for the goods, or the cost of repair or replacement by the same product or update or later version of the same product (at our option), whichever is less. Any product replaced under warranty carries with it only the unexpired period and terms of the warranty that applied to the original goods supplied. Any product replaced under warranty becomes our property.

10.4. The issue of a WRAN or the acceptance of goods returned, whether or not a WRAN was issued, does not commit us to accepting or admitting any claim under the terms of a warranty. We reserve the right to examine any goods returned under any warranty, and to reject any claim under the warranty that we deem not to be covered under the terms of the warranty. Where we reject any claim in respect of goods returned, the cost of return of these goods to you are at your cost and risk solely.

10.5. We do not offer, and are not responsible for arranging, manufactures extended warranties except where specifically stated on this website or advised to you by us in writing or by email. We can issue copy receipts to you for your own use.

11. Site Usage and Service Access

11.1. We are not liable for any damage or loss due to this website not being available at any time or should this website malfunction or cease to function regardless of reason.

11.2. We may link to third party websites to provide you with third party content, including but not limited to, videos, images, comments, reviews, links, or similar. You use any such link at your own risk solely and we do not accept any liability for the suitability of the content of any such link or the effect or consequences of any such link or for any loss or damage resulting from any such link.

12. Copyright

12.1. You may download, use or print extracts from this site for your personal use only. Ownership of copyright and other intellectual property rights in all material on this website (including, but not limited to, photographs, web designs and implementations, graphical images) is retained by us and our licensors.

12.2. Product images or descriptions which were created by us remain our property at all times and may not by copied in any format under any circumstance without our written consent and permission.

13. Data Protection

13.1. By placing your order, you agree and understand that we may store, process and use data (other than your credit or debit card information) collected from you during your visit to this website and in the order process and any communication with you.

13.2. By using this website you understand and agree that we may use cookies to gather information about your use of this website. Cookies are small text files that are placed on your computer or mobile by websites that you visit. If you do not accept our use of cookies you will be unable to use this website and if you prevent the use of cookies we cannot guarantee your security or how this website will perform for you.

13.3. By placing an order with us, you agree that we may email you updates and product information periodically on the express understanding that you may cancel the receipt of such emails at any time.

13.4. We respect and take your privacy and confidentiality very seriously. We will not disclose any of your information that we receive during the order process to any third party marketing operator. All of your information is securely encrypted using industry standard encryption Secure Socket Layer (SSL) certificates.

13.5. If you ever have any concern regarding the safety or security of your information, and specifically your credit or debit card information, we ask that you contact our management for immediate attention.

14. Waste Electrical and Electronic Equipment Directive (WEEE)

14.1. We conform to all WEEE regulations. If you purchase any electrical or electronic equipment from us, we will dispose of any equivalent waste electrical or electronic equipment free of charge on a like-for-like basis. Contact us for further details or to arrange disposal.

15. If you are unhappy with us

15.1. We appreciate your business and value you as our customer. We want your experience with us to be pleasant and productive and for you to feel confident to deal with us again.

If you have any reason to be dissatisfied with any of the products that we supply or you are unhappy with the service or after sales service that you have received from us we would appreciate the opportunity to rectify these deficiencies.

If you are not happy with any remedy offered by our sales or service staff, or you remain dissatisfied after your problems have been resolved, we would appreciate if you would write or email management directly.

If you quote your order or invoice number and brief details of the reasons for your unhappiness, we will assign a manager to deal specifically with the issues that you detail.

If you are still not satisfied with the remedies offered by the manager that we assign, we would appreciate if you would spend the additional time to email our general manager directly indicating your dissatisfaction.

We are confident that we have the determination and interest to satisfy you as our customer. We are prepared to take all reasonable steps regardless of difficulty or time consumed to ensure that any unhappiness that you experience in your dealings with us is resolved to your satisfaction.

15.2. We would be pleased to receive any ideas or suggestions that would improve our service to you or that would make your experience in dealing with us more enjoyable or productive. Any suggestions for improvement will be reviewed directly by our management.

16. Legal issues: what our lawyers make us say

16.1. All goods and services are sold in accordance with the law of the Republic of Ireland and with specific reference to EEC regulations:

The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334).

The purpose of these regulations is to ensure that you are provided with clear and accurate information about us and the goods and services that you may order from us.

16.2. These terms and conditions and any order that you place by using this website or any legal issues evolving there from shall be governed by the laws of the Republic of Ireland and any dispute or other legal issues shall be dealt with in the courts of the Republic of Ireland.

16.3. If you order goods through this website and a contract between you and us is established in accordance with these terms and conditions, both you and we agree that these terms and conditions form the sole basis for that contract unless a variation has been agreed in writing or by email between you and us (verbal or telephone agreement or implication being insufficient).

16.4. We are not liable for any loss or damage for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control.

16.5. The maximum liability that we or any of our shareholders, owners, directors, officers, management, staff, employees, agents, or other parties associated with us have to you is to refund your payment for an order that you have withdrawn within seven days of delivery strictly in accordance with the provisions of these terms and conditions. No liability to any party will be accepted for any other loss or damage or consequential loss or damage however arising. This disclaimer includes, but is not limited to, any loss or damage arising from use or inability to use this website, or any website linked to this website, including damage due to viruses that may infect computer equipment, software, data or other property.

If any of the provisions of these terms and conditions or any alteration agreed between you and us contravene any competent law or regulation, those contravening terms and conditions (and any agreed alteration) shall be deemed to have been changed so as to comply with the minimum requirements of the competent laws or regulations contravened as if those changes had been made and incorporated into these terms and conditions (together with any agreed alterations) at the date on which the contract to supply goods to you by us was established.

16.5.1. Should any individual provision (or group of provisions) included in these terms and conditions not be legally enforceable, for whatever reason, the legal validity and enforceability of all other provisions of these terms and conditions shall not be affected in any way.

Neither you or us or any other party may claim against either you or us for any loss or damage however arising by any change deemed to made by the operation of this provision.

16.6. Any advice or comment or suggestion made by our staff or management or other party connected with us is by way of suggestion for your consideration only and cannot be used by you to claim any loss or damages against us or those other parties.

16.7. If we do not insist upon execution of our strict legal rights under these terms and conditions or under any contract established by you ordering goods through this website, or if we provide additional time or other indulgence, such action or inaction will not create a precedent and we reserve the right to insist at any time upon our strict legal rights.