Terms & Conditions

The following terms apply to online and distance selling purchases only.

1. Introduction

1.1 – This website is owned and operated by Ness Music Ltd, a company registered at Scotland, 35 Craigard Terrace, IV3 8PS

Company Registration Number:  SC586334

VAT Registration Number: 287 6747 38

These terms and conditions apply to all users of this website/service (henceforth referred as “you”) and are upheld at all times by Ness Music Ltd (henceforth referred as “we”). By using this website, you agree to the terms as set out in this document, if you do not agree to any of these terms, please do not use this website.

CONTACT INFO

Sales & Returns

Ness Music Ltd

55 Academy Street

Inverness

IV1 1LU

1.2 – All goods and services are sold in accordance with the EU Consumer Rights Directive (2011/83/eu). The purpose of this directive is to ensure that the consumer is given clear and accurate information about the goods and services supplied by the retailer to help give consumers confidence when buying online. Note: Goods and Services sold prior to the 13th June 2014 where sold in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334).

1.3 – Use of this website constitutes acceptance of the terms and conditions laid out on this page. Ness Music Ltd reserves the right to amend these terms at any time, without warning. All changes will be made current on this page.

Last Updated: 20th June 2018

2. Purchase of Goods

2.1 – All orders made by you through are subject to acceptance by us. In the circumstance we refuse your order, we cannot be held liable to any party.

2.2 – After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an automated acknowledgement and is not an acceptance of your order.

2.3 – Order acceptance and the completion of the contract between you the customer and Ness Music Ltd Inverness will take place at the point of order dispatch, unless we have notified you otherwise, or you have cancelled your order in accordance with the terms set out in Section 4 – Cancellations & Returns.

If we do not accept an order, a full refund will be processed.

2.4 – The following are examples of why we may refuse to accept an order:

– We cannot obtain authorisation from the bank or suspect fraud

– If there have been errors/issues with the description of the goods (Section 5)

– If goods are no longer available.

3. Delivery of Goods

Delivery Overview
3.1.1 – If you order an item that is in stock before 12pm on any business day (Mon-Fri) we endeavour to have that order sent out the next business day. This means that your order should be with you around 3-5 working days for mainland UK postcodes. This excludes Weekends, Public Holidays and Bank Holidays. Ness Music Ltd reserve the right to amend delivery estimates at any point in the order process and any such changes will be notified in writing or verbal communication. In some cases, orders of excessive size, weight or value may take longer than the estimated time. We cannot be held responsible for delays in deliveries. Ness Music Ltd will notify you of any such delays. For security reasons it is not possible for you to collect goods from a courier depot, the goods must be delivered to you.

3.1.2 – In the event of any issue with your order, such as errors in the stock levels, or clerical errors in the order process, we will notify you of a new delivery date, or provide you with the option of an alternate date. Ness Music Ltd will not be liable to any party for items delivered outside the specified delivery estimates.

3.1.3 – All UK deliveries are normally dispatched using local couriers, using their next day delivery service. All non-domestic orders will be dispatched using our international courier. Both methods are classified as an additional service agreement offered by Ness Music Ltd at the following rates outlined in Section 3.2 and Section 3.3.

Delivery to an alternative Address
Ness Music Ltd reserves the right to deliver only to the cardholder’s billing address. Orders made by American Express can only be delivered to the Customer’s billing address, no exceptions will be made.

3.2 – Cost of delivery

3.2.1 – UK Mainland Customers:
The correct shipping charges will be automatically calculated on your shopping basket and additional shipping options can be selected on your shopping basket.

Our free next day delivery service applies to all orders over £199 that are under 25Kgs to mainland UK addresses (except extreme weight items).

Standard Shipping Rates:

£9.99 – Next day mainland UK delivery up to 25Kgs (an extra £0.50 applies per Kg thereafter)

Free – On orders over £199.00 up to 25Kgs (an extra £0.50 applies per Kg thereafter)

£20.00 – Saturday delivery surcharge (mainland UK only)
UK Islands Rates (including Channel Islands, Isle of Man and Scottish Islands)

£19.99 – 48 hour delivery up to 25Kgs (an extra £0.50 applies per Kg thereafter)
Northern Ireland Rates:

£19.99 – 48 hour delivery up to 25Kgs (an extra £0.50 applies per Kg thereafter)

3.2.2 – Customers who have selected the incorrect option or have been undercharged for extreme weight items may be contacted by Ness Music Ltd for the additional shipping amount; at this time a full refund can be provided if the additional charges are not satisfactory. We also reserve the right to charge additional carriage costs if a consignment is returned to us due to refusal at your delivery address.

3.3 – Cost of returns

3.3.1 – If you change your mind, you can return your purchase, subject to [Section 4. Cancellation & Returns Policy] in its original condition within 14 days to us for a full refund (minus any costs incurred for the initial dispatching using our local courier [Section 3.2] and any costs incurred by Ness Music Ltd for the returning of the order Section [3.3]). Please note that shipping discounts will be removed if your full return or partial return takes your order below the free delivery threshold (this only applies for items that have been sent). no returns shall be accepted outwith the 14 day period referred to above.

If you would like Ness Music Ltd to collect your order, our standard collection charges are shown below:
Standard Return Shipping Rates:

£30.00 – Standard collection per parcel up to 25Kgs (an extra £0.50 applies per Kg there after)

£25.00 – Failed Collection Fee (see section 3.3.2)
UK Islands Return Rates (including Channel Islands, Isle of Man and Scottish Islands)

£40.00 – Standard collection up to 25Kgs (an extra £0.50 applies per Kg there after)
Northern Ireland Return Rates:

£40.00 – Standard collection up to 25Kgs (an extra £0.50 applies per Kg there after)

Orders which have received discounted shipping (for example, free next day shipping) will have to cover the initial local courier dispatching, normally £9.99.

3.3.2 – Failed Collection Charges Please note that our courier charges us directly for every failed collection, as such, if we arrange a collection using our courier service and the collection fails because you are not at the property when our courier arrives (i.e. you are not there to hand over your goods at the prearranged address), you will be liable to pay a “Failed Collection Charge” on top of any other shipping costs outlined by our terms. Our “Failed Collection Charge” is currently £25.00 per failed collection.

3.4 – Damaged Goods

3.4.1 – All orders are pre-checked and are well packaged before dispatch. However, in the event of goods arriving damaged, any shipping damage must be signed for as such and reported within 24 hours of receipt. In this event, we will confirm the damage and if a claim is found valid, will collect the goods from you at no charge. A full replacement will be offered, or a full refund in the event that the goods are no longer in stock. We reserve the right to request additional photographic evidence in order to verify such claims.

3.4.2 – At the point of delivery, all goods become the responsibility of you the customer. From this point, you the Customer will be responsible for the safekeeping and correct use of all goods, Ness Music Ltd will not be responsible for any damage or fault arising from incorrect storage or use. The validity and conditions of any refund/return will be affected by any damage considered to be caused through misuse or neglect. We cannot be held responsible for damages caused by shipping or negligence if reported after 24 hours of the goods being delivered.

4. Cancellations & Returns

4.1 – Under the conditions outlined in the EU Consumer Rights Directive and in Section 4.2, Ness Music Ltd operates a 14 day cooling-off returns policy for products that are still in their original condition. This allows UK and EU customers to cancel their order up to 14 days after receipt of their goods. If you wish to cancel your order during this 14-day period, please notify us in writing by letter or by email at vic@soundandvisionelgin..co.uk.

4.2 – The right to return goods to us as mentioned in Section 4.1 does NOT apply in the following situations:

4.2.1 – Special Orders – Any order which has been specified or customized to the customers specifications. This also includes any item which is not typically stocked by Ness Music Ltd and has been ordered in at the request of the customer.

4.2.2 – Health and Safety – any product that has come in contact with a customer’s ear or mouth, such as microphones, headphones, earphones or product with a mouthpiece that have been used or where the hygienic seal has been separate or broken.

4.3 – If you wish to exercise your right to cancel this contract within the cancellation period, you should return the goods to us within within 14 days and take reasonable care in doing as detailed in the EU Consumer Rights Directive (2011/83/EU). The risk and cost of returning the goods to us shall be accepted by you unless you have notified us that the goods have arrived damaged or faulty (Section 3.4) and this has been verified by us.

4.4 – As outlined in the EU Consumer Rights Directive (2011/83/EU), failure to return items in their original condition will result in deducations from your refund or refusal of a return.

4.5 – Upon cancellation of the contract we will credit your account with a full refund for the goods. Normally refunds are processed the same day if the goods haven’t been dispatched or on the day of receiving the goods back, however, in any event, not later than 14 days after receipt of the cancelled goods. If you do not return the goods or do not pay the costs of delivery to us, we shall be entitled to deduct the direct cost of recovering the goods from the amount of the refund.

5. Description of Goods & Pricing

5.1 – All our prices are shown in Pounds Sterling (GBP) and are displayed inclusive of VAT at the current rate of 20%. VAT is payable by all customers within the EU.

5.2 – Ness Music Ltd does not take any responsibility for any import taxes, customs charges or administration fees payable on orders made outside of the European Union zone. It is the customer’s responsibility to cover all charges related to Customs and the import of goods.

5.3 – All our prices, descriptions and shipping charges are reviewed regularly, and we endeavour to ensure that the prices and the information provided on our website are correct at all times. In the event of an error in the information provided by our website, Ness Music Ltd will notify you of this error immediately. In the event that a price or shipping charge is incorrectly displayed, Ness Music Ltd will offer you the product/service at the correct price, or a full refund. We are not under any obligation to honour an incorrect price.

5.4 – Product images are for illustrative purposes only, Ness Music Ltd cannot be held responsible for differences in the manufacturer’s imagery and the actual product.

6. Payment

6.1 – All credit and debit card processing is encrypted. We do not see your card details at any time.

6.2 – We currently accept the following methods of payment online: VISA, VISA Debit, Mastercard, Solo, Maestro, Visa Electron, American Express, Paypal, Bank Transfer in GBP,

7. Warranty

7.1 – All goods are supplied with a 12 month manufacturer’s warranty unless specified otherwise. All pre-owned items carry a 30 day warranty. Perishable items, such as Amplifier valves, carry a 30-day warranty.

7.2 – Any extended warranty offered by any manufacturer must be arranged by the customer. We are not responsible for organising such warranties. We can provide additional receipts upon request.

8. Site Usage / Service Access

8.1 – Although we make every effort to ensure our website is available 24 hours a day, we will not be liable if, for any reason, our website is unavailable at any time due to maintenance, system failure or conditions outside our control.

8.2 – From time to time, Ness Music Ltd may link to third party websites to provide the user with third party content, , including but not limited to, images, comments, reviews or links. Ness Music Ltd does not accept any liability for the suitability or incorrect use of this content and is provided solely as a guide for the customer. If you choose to view any third party content (including visiting a 3rd party site) you do so at your own risk.

9. Copyright

9.1 – You may download, use or print extracts from this site for your personal use only. Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs, web designs & implementations, graphical images) are owned by us or our licensors.

9.2 – Product images or descriptions which we were created by Ness Music Ltd remain the property of Ness Music, Inverness Ltd at all times and cannot by copied in any format under any circumstance without full written consent from Ness Music Ltd.

10. Liability

10.1 – Ness Music Ltd and any of our owners, officers, directors, employees or shareholders will not be liable for any losses or damage that you suffer under the contract which were not a foreseeable consequence of breach of the contract. We are not responsible for indirect losses which were not considered at the time of the contract including, but not limited to, any loss of income or profits, loss of business or goodwill, loss of data, loss of opportunity.

11. Data Protection

11.1 – By placing your order, you agree and understand that we may store, process and use data collected from your order for the purposes of processing your order.

11.2 – We do not see or store your card number when you purchase online.

12. Circumstances beyond our reasonable control

12.1 – We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

13. Privacy Policy

13.1 – We take customers’ privacy and confidentiality very seriously so Ness Music Ltd does not disclose buyer’s information to any marketing third parties and takes every step to protect customer’s data. All information is securely encrypted using industry standard 128-bit encryption Secure Socket Layer (SSL) certificates provided by Paymentsense.

13.2 – We use cookies to keep track of your current shopping session and so that you may retrieve your shopping basket at any time – if you do not accept cookies you will be unable to use this website.
Using our site indicates that you accept the use of cookies. Accepting these cookies is a condition of using the website, so if you prevent them we cannot guarantee your security or how our site will perform for you.

14. The Waste Electrical and Electronic Equipment Directive (WEEE)

14.1 – As a retailer of electrical & electronic goods, we conform to all WEEE regulations. As such, if you purchase any electrical and electronic equipment (EEE), we will dispose of any equivalent waste electrical and electronic equipment (WEEE) free of charge on a like-for-like basis.