The Lux Music Shop TERMS & CONDITIONS

Updated 26 December 2021

TERMS AND CONDITIONS

No statement or condition of sale contained within these terms affects or restricts your statutory rights as defined under EU Consumer Rights Directive, The Consumer Rights Act 2015 or The Consumer Contracts (information, cancellation and additional charges) Regulations 2013.

All orders for goods accepted by The Lux Music Shop  (the vendor) are accepted subject to the following conditions, which shall form part and govern the contract of sale. Acceptance of goods by the customer shall be deemed to be acceptance of these conditions of sale unless the customer notifies the vendor in writing within 14 days of receipt of this letter or delivery of goods. Any term sought to be imposed by a customer either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions.

We store the content of this contract and will send you the details of your order as well as our general terms via email. You can find the terms here at all times. The details about your recent orders can be found in your customer login.

 

TERMS OF PAYMENT

For orders placed using  Debit cards, the payment  is executed before the shipment of the goods.

We do not accept payments per cheque, therefore direct bank transfer is recommended when payment by card is not possible or not accepted.

Goods remain the property of the vendor until paid for in full and the vendor reserves the right not to dispatch goods until cleared funds have been received.

 

SHIPMENT OF ORDERS

The vendor shall not be bound by a contract of sale until the goods have been received by the customer. As indicated on the product page, delivery dates are provided as an estimate only - the vendor will use its best endeavours to comply with the date named for delivery. All products are held in stock by the vendor, but in some cases it will take some days extra before a delivery can be organised.

GOODS DAMAGED IN TRANSIT

  1. Any goods received by the Customer that have suffered damage in transit must be reported to the Vendor as soon as possible, and at the latest within 3 days of receiving the goods.
  2. The Vendor accepts responsibility for the condition of the goods until they are delivered to the Customer, so any damage or breakage en route is in the Vendor’s responsibility, but if something happens after it has been delivered to the Customer, the Customer’s dedicated safe place or the Customer’s nominated neighbour, is the Customer’s responsibility, and the Vendor cannot accept any liability for damages.
  3. The Vendor will not accept any responsibility for goods damaged in transit if the customer reports the damage more than 3 days after receiving the goods.
  4. The Vendor will reimburse reasonable return costs should the Customer be able to provide independent proof that the damage is attributable to the Vendor or its instructed courier.
  5. If despite appropriate and secured packaging, the Customer’s returned goods are damaged during transit from the Customer to the Vendor, the Vendor will take responsibility if the collection and delivery have been arranged and facilitated by the Vendor.
  6. If the Customer has arranged to send the item back to the Vendor at the Customer’s expense, the Vendor accepts no liability and the Customer will need to contact his courier company for any compensation for loss of refund or rely on his chosen transport insurance.

 

DELIVERY OF THE INCORRECT ITEM

  1. Any goods received by the Customer that the Customer considers as the incorrect delivered goods must be reported to the Vendor as soon as possible, and at the latest within 3 days of receiving the goods.
  2. The Vendor will collect incorrect goods from the Customer and deliver replacement goods as quickly as possible at its own expense.
  3. The Customer has a responsibility to return the incorrect item or any item that has been accidentally delivered to the Customer by the Vendor without order or payment.
  4. If the Customer doesn’t return it, the Vendor will charge the Customer the full cost of the item.

 

WITHDRAWAL OR CANCELLATION OF ORDERS

  1. The Customer has a right to cancel an order for items purchased from the Vendors website or placed over the telephone or by email no later than 14 days after delivery. For any cancellation of an order within the Customer’s statutory rights, the Customer is responsible for returning the goods to the Vendor at the customer’s own expense. 
  2. Orders can only be cancelled in writing by letter or email.
  3. Items need to be returned no later than 10 days from the day on which the Customer communicated the cancellation to the Vendor.
  4. There are some restrictions to products that can be cancelled after delivery however as follows:
    • Software, CDs & DVDs that are used, not sealed and/or registered with the manufacturer in the Customer's name;
    • Items that come directly into contact with the nose, ears or mouth, such as in-ear monitors or woodwind reeds, which are normally sold sealed in a shop and cannot be tested for hygiene reasons;
    • Items that have been mixed/installed inseparably with other items after delivery or modified in any way.
  5. The Customer is advised to unwrap their products carefully, keep all packaging safe, examine the goods and if they don’t want the goods, to put them back in the box for safe return.
  6. The Vendor may cancel any order placed by a Customer until the goods are received by the Customer if the vendor is no longer able to supply the item, there has been a significant price change of the item, or if the Vendor suspects the transaction is fraudulent. If an order is cancelled by the Vendor any monies paid by the Customer will be refunded in full within 10 days.

CUSTOMER RETURNS:

  1. If the Vendor receives goods that have not had reasonable care taken, the Vendor shall reduce the Customer’s refund amount equivalent to the reduction in the value of the goods.
  2. Some items are only eligible for money back guarantee if they are returned to the Vendor unused and sealed in the original packaging, and in the case of software, unregistered. These items include:
    • Software
    • CDs & DVDs
    • In-Ear Headphones and In-ear Monitors
    • Earplugs and Ear Protection
    • Mouthpieces, Reeds etc… for Woodwind and Brass instruments
    • Mouth / Lip Care Products
  3. All returned woodwind and brass instruments incur a 15€ sanitization fee if not returned unused and with its hygiene seal intact

 

DEFECTIVE GOODS WITHIN STANDARD WARRANTY:

  1. All new products carry a 2 year warranty unless otherwise stated.
  2. If items become defective due to manufacturing fault within 180 days of purchase, then the Vendor will arrange for the collection and repair of the product.
  3. If the product can not be repaired within 60 days, then a replacement product will be issued, which will not be older and not be in worse condition than the original product returned by the Customer.
  4. If the item becomes defective within the warranty period, but after 180 days from the date of delivery, then the same conditions as above apply but the Customer will be expected to pay for any reasonable steps to prove the manufacturing fault and for the cost of returning the product to the Vendor.
  5. Products may not be returned to the Vendor for a refund later than 30 days from delivery unless the Vendor is unable to comply with its warranty obligations.
  6. This warranty excludes items that have become defective due to miss-use, accidental damage or any reason other than manufacturing fault.
  7. This warranty excludes all goods sold as 'outlet ' and/or Vintage, 2nd hand products.
  8. If an item is found to be without fault on its return to the Vendor, and is out of the period of 15 day money back guarantee, then the Vendor will return the item to the Customer for a small charge.
  9. The Vendor recommends that the Customer insures his goods.

 

LIABILITY:

  1. The Vendor is not liable for loss of business or income under any circumstances.
  2. Whilst the Vendor makes every effort to ensure that goods supplied correspond to in every respect with the specification or description provided as the case may be, the Vendor is not responsible for minor variations in specification, and no such minor variation shall be the subject of any claim against the Vendor.
  3. The Vendor will take all reasonable care, in so far as it is in its power to do so, to keep the details of the Customer’s order and payment secure, but in the absence of negligence on the Vendor’s part, the Vendor cannot be held liable for any loss the Customer may suffer if a third party procures unauthorised access to any data the Customer provides when accessing or ordering from the Vendor’s Websites.