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TERMS AND CONDITIONS OF SALE
These terms and conditions apply to the sale of any Boston or Essex piano (Piano) you may order through our website at www.steinway.co.uk. Please read these terms and conditions carefully. You can print off these terms and conditions, or store them in your computer or other device, for future reference. Your attention is drawn in particular to the provisions of clause 11 (Our Liability) and clause 12 (Events Outside Our Control).
1. INFORMATION ABOUT US
We are Steinway & Sons, a company incorporated in the State of New York, United States of America and registered in England and Wales as an oversea company under number FC001517. Our registered address and contact details are as shown in the About section of the Site.
2. YOUR STATUS
By placing an order for a Piano, you warrant that:
(a) you are at least 18 years old;
(b) you are legally capable of entering into a binding contract;
(c) the information we ask you to provide about yourself is true, accurate, and up to date.
3. THE PIANO
3.1 The description and specification of the Piano are as set out in relevant section of the Site, and in our online brochure that you can download from the Site.
3.2 Any photographs or other images of the Piano in our online brochure or otherwise shown on the Site are produced solely to provide you with an approximate idea of the Piano they describe.
3.3 Some images shown in our online brochure or otherwise shown on our website have been digitally created to illustrate the colour options available from the range. These colours will be affected by your monitor and by your printer and therefore may not totally match the finished product.
3.4 Please note that only Boston and Essex pianos are available for purchase through the Site, and these are stock items and not bespoke and/or handmade to your specification. If you are interested in any other Steinway products or services, please contact us at info@Steinway.co.uk.
4. PRICE AND PAYMENT
4.1 The price of the Piano and our charges for delivery are as set out in the relevant section of the Site, and are inclusive of any applicable VAT.
4.2 We require payment in full of the price of the Piano and our charges for delivery, inclusive of VAT, at the time you place your order.
4.3 Payment of the price of the Piano and our charges for delivery may be made by credit or debit card, as shown on the payment page of the Site.
4.4 Every effort is made to ensure that prices and delivery charges shown on the Site are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or recredit you for any sum that has been debited from your credit or debit card.
4.5 The prices of Pianos and our delivery charges may change at any time, but this will not affect orders which you have placed and for which we have received payment in full.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 When you place an order on the Site, you will be asked to confirm your acceptance of these Terms and your obligation to pay for the Piano you have ordered, including the delivery charges. We will send you an acknowledgement of your order by email to the email address you have given. However, no contract exists between you and us for the supply of any Piano until we have received and accepted your order, and payment of the price and any delivery charge has been cleared.
5.2 All orders are subject to acceptance by us, which we are free to accept or decline at our absolute discretion. We will confirm our acceptance of your order by email to the email address you have given. Once we do so, there is a legally binding contract between you and us. The contract is subject to your right of cancellation in certain cases (see clause 6 below).
5.3 It is your responsibility to check all your personal details on the email we send you confirming our acceptance of your order by email, including your address, contact numbers, and delivery details. We will not accept liability for any additional costs arising from errors in the information you provide, and you will be responsible for these.
5.4 Nothing in these terms and conditions affects your statutory legal rights if you are a consumer.
6.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulations), if you are a consumer you have the right to cancel the contract with no obligation by notifying us at any time within 14 days from the date when the Piano comes into your physical possession.
6.2 No cancellation will be accepted after the period of 14 days has elapsed, unless you have the right to do so at law (for instance, if the Piano is faulty, or not as described, for which see clause 9 below). If you are not a consumer, you do not have the right to cancel your order.
6.3 To exercise your right of cancellation, you must give written notice to us by post or email to the address or email address shown below email@example.com. You can use the following model cancellation form provided by the Regulations, but it is not obligatory:
To Steinway & Sons, Steinway Hall, 44 Marylebone Lane, London W1U 2DB, United Kingdom
Email address: info@Steinway.co.uk
I/We[*] hereby give notice that I/We[*] cancel my/our[*] contract for the supply of the following goods/services/digital content:
Ordered on[*]/received on [insert date] [*]
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
You may also give notice of cancellation by phone to telephone number 0207-487-3391, giving details of the Piano ordered and (where appropriate) its delivery.
6.4 Once you have informed us that you are cancelling the contract, we will refund you within 14 days for any sum that has been paid by you or debited from your credit or debit card for the Piano, including delivery charges.
6.5 If you exercise your right of cancellation a contract for the supply of a Piano after it has been delivered to you, we will contact you to arrange for collection of the Piano, but you will have to bear the cost of our doing so. The cost of collection of the Piano is:
(a) for collections within Greater London and from a ground floor: £[PLEASE COMPLETE];
(b) for collections within Greater London otherwise than from a ground floor, or outside Greater London, the higher of the cost of the initial delivery of the Piano or £250.
6.6 You must take reasonable care to ensure the Piano is not damaged in the meantime. If prior to returning the Piano you handle it beyond what is necessary to establish its nature, characteristics and functioning, or it is damaged in any way, so that the value of the Piano is diminished by any amount, we may recover that amount from you up to the price, or deduct that amount from any sum we refund to you.
7.1 All delivery times quoted are estimates only and cannot be guaranteed.
7.2 Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control.
7.3 We will deliver the Piano to the address for delivery you give when you place your order, except that Pianos will only be delivered to Mainland Britain and Northern Ireland only. If delivery cannot be made to your delivery address, you will be notified by email or phone as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for delivery.
7.4 Should you wish to change the address for delivery from that given when you place your order, then you must have notified us and obtain our agreement in writing to any different address prior to delivery taking place.
7.5 We will contact you to arrange delivery. We will offer you a delivery time slot. We reserve the right to charge a reasonable sum for storage in the event you do not reasonably accept delivery. If you are not going to accept delivery yourself, you must notify us in advance of the nominated person who will do so.
7.6 We will make every effort to deliver the Piano without undue delay, and in any event within 30 days of the date on which the contract is made. However, we will not be liable for any delay in delivery caused by circumstances beyond our reasonable control. In this case, we will inform you by email or phone as soon as possible.
7.7 Delivery of the order shall be completed when we deliver the Piano to you.
7.8 We do not hold or store Pianos, and therefore if you fail to accept the reasonable delivery dates offered to you, then unless this is caused by our failure to comply with these terms and conditions or by an event beyond our control, we will store the Piano until delivery takes place and may charge you a reasonable sum for storage. Any such charges must be cleared before delivery will take place.
7.9 It is essential that you notify us of any possible restrictions to access into your home (or any other place where the Piano is to be delivered) when placing your order so that we can perform a risk assessment. In particular, you should consider vehicle access, lifts, staircases and room access and whether windows or doors need to be removed to allow access.
7.10 We deliver only to the ground floor of any house/apartment block in the London postcode area, except where specifically agreed and confirmed by us. Any such arrangement will incur an additional charge that we shall advise to you.
7.11 You must ensure that you are, or a nominated person is, available on the day and the point of delivery to sign for the Piano. In order to prevent fraudulent activity, we may require any nominated person to provide appropriate ID (such as a driving licence or passport).
7.12 You must also ensure that on the day of delivery access to your preferred location for the Piano is clear and free of any obstruction. If you or a nominated person are not available or the access is not clear and free of any obstruction, then we will not deliver your Piano. This will result in a re-delivery of your Piano and a further delivery charge will be levied.
7.13 We do not accept any responsibility for damage to your property during delivery unless it is due to our negligence, in which case our liability will be limited to the repair of that damage with no element of betterment.
8. RISK AND OWNERSHIP
8.1 The Piano will be your responsibility as from the time of delivery, when the risk of loss or damage will pass to you. You are advised to insure as appropriate.
8.2 Ownership of the Piano will pass to you once the Piano has been delivered to you.
9.1 All Pianos are warranted free from defects for 10 years from the date of delivery. This warranty does not apply to any defect arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval. This warranty does not affect our obligation to provide the Piano in accordance with the contract, or your legal rights as a consumer.
9.2 In the unlikely event that the Piano as delivered is faulty or otherwise does not conform to these terms and conditions, or develops a fault during the warranty period, please contact us and we will discuss the issue with you and, if necessary, examine the Piano prior to its return to us.
9.3 During the period of 30 days from delivery of the Piano, if the Piano is faulty or otherwise does not otherwise conform to these terms and conditions, you have the statutory right to cancel the contract and request the return of the Piano and obtain a refund, unless you wish us to replace or repair the Piano. We will notify you of your refund via e-mail within a reasonable period of time after your request.
9.4 After that period of 30 days, we will discuss with you whether it would be more appropriate to replace or repair the Piano, or that you should return the Piano and obtain a refund. Should we agree with you that the Piano should be returned and you should obtain a refund, we will notify you of your refund via e-mail within a reasonable period of time.
9.5 Where you are entitled to a refund, we will refund the full price of the Piano, including any applicable delivery charges, after collection and return of the Piano. We will not charge for collecting the Piano from you.
9.6 The Piano will remain your responsibility until collected. You have a duty to take reasonable care of the Piano.
9.7 Collection will be from the delivery address unless we agree otherwise with you, and we will agree with you a suitable day for collection. If you are not going to be available for collection yourself, you must notify us in advance of a nominated person who will be present for the collection. You must ensure that on the day of collection the access to the Piano is clear and free from obstruction. If you or the nominated person are not available, or the access is not clear and free of obstruction, then we will not collect the Piano. We do not accept any responsibility for damage to your property during collection other than damage due to our negligence, in which case our liability will be limited to the repair of that damage with no element of betterment.
9.8 In the event that you do not comply with the above obligations, we may require payment from you of all costs reasonably incurred by us, which may include the costs of wasted collection journeys or the cost of any damage to or loss of the Piano.
9.9 Should we agree to replace the Piano, these terms and conditions will apply to any replacement Piano we supply to you.
9.10 Should we agree with you that the Piano should be repaired rather than replaced or refunded, we will carry out the repair as soon as practicable and at a time and place agreed with you.
9.11 We will not be responsible for any defect in the Piano arising after delivery from fair wear and tear, wilful damage, accident, negligence by you or any third party, use of the Piano in a way that we or its manufacturer do not recommend, failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
10. DATA PROTECTION
10.1 We will comply with the requirements imposed on us to keep the personal information that we collect from you confidential and secure, in accordance with the applicable Data Protection legislation.
10.2 Your personal information will be used primarily to process your order, deliver your Piano and/or to handle any claims or complaints made.
10.3 Further details as to the information we collect from you, the purposes for which and the legal basis on which we collect and use your information, third parties with whom we may share your personal data, how long we retain your personal data, and your rights as a data subject, can be found in our Privacy Notice.
10.4 Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.
11. OUR LIABILITY
11.1 Subject to clause 11.2 and clause 12, if either we or you fail to comply with these terms and conditions, we or you shall only be responsible for any losses that the other suffers as a result if those losses were a foreseeable consequence of the failure to comply with these terms and conditions at the time we and you entered into the contract with one another. In no event will we be liable for business losses such as loss of profits or revenue that you may suffer as a result of any fail by us to comply with these terms and conditions.
11.2 Nothing in these terms and conditions excludes or restricts in any way any liability that we may have which cannot be excluded or restricted under section 31 of the Consumer Rights Act 2015, or our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) defective products under the Consumer Protection Act 1987; or
(d) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude or restrict our liability.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by events outside our reasonable control.
12.2 An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular the following:
(a) strikes, lock-outs or other industrial action;
(b) Government regulations, civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster.
12.3 Our performance under the contract is deemed to be suspended for the period that the event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed. Should the event outside our control continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between ourselves forthwith without any further liability to the other party apart from our providing you with a refund if you have not received the Piano.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer any of your rights or obligations under the contract to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under the contract to another organisation, but this will not affect your rights under the contract.
14.1 All notices given by you to us must be sent by email to firstname.lastname@example.org.
14.2 We may give notice to you at the e-mail address you provide to us when placing an order.
15.1 If any court or other competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
15.2 If, at any time while these terms and conditions are in force, we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies, and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 A person who is not party to the contract shall not have any rights under or in connection with the contract.
16. APPLICABLE LAW AND JURISDICTION FOR DISPUTES
These terms and conditions and the contract shall be governed by English law, and we and you both agree to that the English courts will have jurisdiction for the resolution of any dispute in connection with the contract.