Terms & Conditions
1.1 Please read these terms and conditions before using the Music Matters website (“Website”) or ordering any products from our Website (“Products”) as, in accessing and using our Website or ordering any Products through our Website, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1.2 These terms and conditions are applicable to the use of the Music Matters Website and do not apply to purchases made in our stores.
1.3 This page, together with all documents referred to on it, tells you the terms and conditions on which we allow access to and use of our Website and/or supply any of the services or any of the products listed on our Website to you. For the avoidance of doubt, any reference to terms and conditions shall include all documents referred to on this page and within the text of any such documents also. These terms and conditions will also apply to any correspondence entered between us.
1.4 The Website is operated by Music Matters Uk Limited, a limited company registered in England & Wales under company number 04589449, whose registered office is at 114 Week Street Maidstone Kent, United Kingdom and whose VAT number is GB822 5590 32 (”Music Matters”, “our”, “we” or “us”).
1.5 Music Matters will do its best to ensure that all content published on the Website is accurate, however all content on the Website is provided on an ‘as is’ basis. Music Matters makes no representations or warranties of any kind with respect to our Website or its contents and disclaims all such representations and warranties. You agree to assume total responsibility and risk for your use of the Website and of all information contained within it. This does not affect your statutory rights as a consumer, nor does it affect your legal or contractual contract cancellation rights.
1.6 These terms and conditions may be modified from time to time but, should this happen; they will be posted on our Website.
2.1 Please note that our Website is available only to legal entities, persons or individuals that can form legally binding contracts under English law.
2.2 The Website is not intended for use by children or minors under the age of eighteen (18) years without the permission of a parent or guardian. By accessing or purchasing Products through the Website, you warrant to us that you are over eighteen (18) years old and legally capable of accessing and using the Website in your country of residence. You must be at least eighteen (18) years of age to purchase Products through the Website.
2.3 The content contained in the Website may change from time to time without notice. You acknowledge and agree that Music Matters make no warranty that the Website will be defect and error free, timely, meet your requirements or will be uninterrupted. Further, we do not warrant that any servers or equipment will be free of viruses or bugs or other technical defects, or that any defect will be fixed promptly or at all.
2.4 At the discretion of Music Matters, or where the need arises, we may suspend access to our Website or close it, or any part of it, indefinitely and without notice to you or any third party.
3. Website Content
3.1 Unless explicitly specified otherwise, all content, images, video and any other materials published on the Website are presented solely for your private, personal and non-commercial use.
3.2 All such content on the Website is not intended to amount to advice on which reliance should be placed. Music Matters therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
3.3 Music Matters will take all reasonable care to ensure that Product descriptions are accurate at the time of being added to the Website. Whilst every effort is made to ensure that our Website is accurate and kept up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in our Website.
3.4 Music Matters does not accept any liability for the content of customer reviews displayed on the Website, nor for any loss arising from any reliance placed on such reviews by a customer, or by anyone who may be informed of them. By contributing in any way to the content to the Website, you agree to be bound by the intellectual property terms below.
3.5 Music Matters shall be entitled to modify or withdraw our Website (including any applicable terms and conditions and the documents referred to in them) at anytime without notice. We shall not be liable to you or any third party for any such change. By continuing to use the Website following such change you shall be deemed to have accepted such change to the Website.
4. Intellectual Property
4.1 Music Matters is the proprietor of the Musicmattersdirect.com Website domain and the “music matters direct” trade and brand name and trade mark.
4.2 Unless expressly stated otherwise, copyright and any other rights contained in our Website, including but not limited to all branding, trade marks, selection, arrangement, product names, images, software, design, text, sound recordings, logos, artwork, look, feel and get up of our Website, devices, screen shots, copyrighted designs or other brand features, copyright and all other intellectual property rights in all material or content supplied as part of our Website and the arrangement of such content on our Website (”Copyright Material”) and other content on our Website, is owned by Music Matters or licensed by or to Music Matters from third parties.
4.3 Music Matters gives no permission in respect of the use of any Copyright Material and such use may constitute an infringement of the holder’s rights. By accessing our Website, you acknowledge and agree that all Copyright Material shall at all times remain the proprietary property of Music Matters or our licensors.
4.4 Any unauthorised use of the Website is strictly prohibited and will constitute a breach of our intellectual property rights or those of our licensors.
4.5 You are permitted to access and use the Copyright Material on the Website for your own personal reference and non-commercial use and for the purposes of purchasing Products from us. This does not allow you to: modify; copy; reproduce; republish; upload; post; transmit; or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to: text; graphics; vide; messages; code and/or software without our prior written consent, except where expressly invited to do so.
4.6 The Website may incorporate third party content and Music Matters would be unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.
4.7 If you are seeking permission to use any Copyright Material other than as expressly permitted by these terms and conditions, please contact us at our registered address and we will, at our discretion, consider the request. If your request is approved, that approval may be subject to terms set out in a licence which you may be required to execute. The authors of the Copyright Material must always be acknowledged.
5. Privacy and Data Protection
5.1 We are committed to respecting your privacy and correctly managing any personally identifiable information you provide us with. We will do this in accordance with our Privacy and Data Protection Policy.
5.2 By using the Website, you agree to the processing of information about you as detailed in the Privacy and Data Protection Policy and warrant that all data you provide to us is accurate.
6.1 From time to time, Music Matters promotes competitions on the Website. Any such competition will be conducted in accordance with the Competition Terms & Conditions.
7. Conditions of Supply
7.1 By placing an order on the Website, you agree to be bound by these conditions.
7.2 If you place an order for Products through our Website, you will be subject to the policies and terms and conditions in force at the time that you ordered Products from us, unless we notify you of any change to the terms and conditions before we send you the Dispatch Confirmation. We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products.
7.3 By placing an order for Products through the Website, you warrant that you are legally capable of entering into contracts, are at least 18 years old, are resident in the United Kingdom and are accessing the Website from the United Kingdom. Music Matters is unable to accept orders from outside the United Kingdom.
7.4 Products listed are subject to availability. If we are unable to supply a Product you ordered, we will inform you. If you have already paid for the Product, we will refund you as soon as reasonably possible.
7.5 Your order constitutes an offer to us to buy the product. All orders are subject to acceptance by us and we will confirm acceptance of the contract (“Contract”) by sending you a dispatch confirmation e-mail. Music Matters is entitled at its discretion to choose not to accept your order for any reason and will not be held liable to you or any other person in such circumstances. The Contract will only be formed when we send you a dispatch confirmation.
7.6.1 The price of a product is that displayed at the time of ordering, except in cases of obvious error. The price displayed includes VAT but excludes delivery costs.
7.6.2 Delivery costs will be added to your order before payment is accepted and are set out in our Delivery & Returns Policy, along with more detailed terms and conditions relating to delivery.
7.6.3 Prices on the Website may not necessarily reflect prices on the same products in our stores. We reserve the right to offer special discounts to online customers that will not be offered if the product is purchased in one of our stores.
7.6.4 Prices are liable to change at any time, however any such changes will not affect orders for which we have already sent you a Dispatch Confirmation.
7.6.5 It is possible that, in rare circumstances and despite our best efforts, some of the Products listed on the Website may be incorrectly priced. If a Product’s correct price is higher than the price stated on the Website, we will, at our discretion, either contact you before dispatching the Product, or reject your order and notify you. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, should the pricing error be obvious and unmistakable and could have reasonably been recognised as a mis-pricing.
7.6.6 Occasionally we run short term price promotions. Once these promotions have finished, the Products will only be available at the price stated and not the previous discounted price.
7.7.1 We accept the following methods of payment shown below. Please note we use an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and data policy.
7.7.2 In placing an order, you confirm that the credit or debit card being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of all Products ordered.
7.7.3 Music Matters reserves the right to obtain validation of your credit or debit card details and conduct anti-fraud checks before agreeing to dispatch any Products. All credit/debit card orders are subject to validation checks and authorisation by the card issuer.
7.7.4 If your card issuer refuses to authorise payment or we do not at our complete discretion find any anti-fraud checks to be satisfactory, we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. Music Matters are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment relating to your order.
7.8.1 If you enter a Contract with Music Matters as a consumer, you are entitled to cancel the Contract at any time within fourteen (14) working days, beginning on the day after you received the Products. You have this right under the Consumer Contracts Regulations June 2014 and you will receive a full refund of the price paid for the Products in accordance with our Delivery & Returns Policy.
7.8.2 Music Matters reserves the right cancel orders at our discretion. If we cancel an order, it will be without charge to you.
7.9.1 You may return any Products purchased from the Website in accordance with the terms set out in our Delivery & Returns Policy.
8. Promotional Codes
8.1 Promotional codes promoted for use in stores may not be eligible for use on the Website. Likewise online promotional codes may not be eligible for use in store. Certain products are excluded from promotional codes, all products which are excluded are clearly identified on the product detail page with the following text: Please note this item is excluded from any discount by promotion code or voucher in store and online.. Please note all Black Friday Week Deals are also excluded from promotion codes and in-store voucher discounts. Promotional codes and in-store voucher discounts advertised are subject to the following terms:
- Discounts given for Music Matters internet purchases are not valid for telephone purchases.
- Discount given on the dates specified only.
- Discount cannot be given for purchases of gift vouchers or delivery charges, unless explicitly stated.
- Only one voucher per transaction. The discount cannot be used in conjunction any other discount voucher, discount card, code, coupon or website promotional code.
- Discount cannot be used in conjunction with a colleague discount.
- Refunds will be given at the discounted value.
- We reserve the right to withdraw or amend promotional codes and voucher discounts without notice.
- Promotional codes and voucher discounts are non-transferable, may not be sold at auction and have no cash alternative.
- Items must be purchased in one transaction.
- Promotional codes and voucher discounts cannot be used when purchasing the following brands and products: ( *). Products delivered separately by our approved suppliers, which are excluded from discount are clearly identified on the product detail page with the following text: Please note this item is excluded from any discount by promotion code or voucher in store and online.
- Where a promotional code or voucher discount is used in breach of the above conditions, Music Matters reserves the right to make a charge equivalent to the value of the voucher against the payment card used on the contravening order or take steps to recover the goods as it deems appropriate. A charge may be made to cover the cost of recovery of the goods.
9. Gift Vouchers
9.1 Music Matters Gift Vouchers (“Gift Vouchers”) can be exchanged for goods to value shown on the voucher.
9.2 Gift Vouchers are not available for use on internet or telephone purchases.
9.3 Gift Vouchers are valid for 12 months from date of issue.
9.4 Music Matters retains the right to refuse Gift Vouchers whereby the date of issue exceeds 12 months.
9.5 Only validated Gift Vouchers will be accepted. Any Gift Vouchers which are not dated or stamped will not be accepted and are deemed fraudulent.
9.6 No photocopies or damaged Gift Vouchers will be accepted.
9.7 Gift Vouchers must be presented at time of purchase and will be retained by Music Matters after the transaction.
9.8 Gift Vouchers cannot be redeemed against further purchases of Gift Vouchers.
9.9 Gift Vouchers cannot be exchanged or redeemed for cash in any circumstances.
9.10 Discounts cannot be given for purchases of Gift Vouchers, including but not limited to the use of promotional vouchers and codes.
9.11 Goods purchased with Gift Vouchers and brought back for a refund will be refunded in Gift Vouchers unless the value is below £1.
9.12 Any change will be given in Gift Vouchers, unless the amount refunded is 99 pence or below.
9.13 Gift Vouchers are only dispatched on working days. All vouchers will be delivered by secure means to the address given by the customer at the time the order was placed. Please note, large order values may take longer to arrive due to security measures.
9.14 The Customer must notify Music Matters of any discrepancy in a delivery as soon as possible but in any event within 3 days including the day of delivery of the vouchers.
9.15 Music Matters reserves the right to alter any of these terms and conditions without notice. The customer may not vary the terms and conditions.
9.16 Risk of loss, destruction or damage to the Gift Vouchers remains with Music Matters until delivery to the customer’s address or nominated address where upon risk shall pass to the customer.
9.17 The customer must notify Music Matters of any discrepancy in a delivery as soon as possible but in any event within 3 days of receipt of the vouchers.
9.18 Music Matters reserves the right to alter any of these terms and conditions without notice.
10.1 Music Matters will not be responsible or liable to you for any damage caused by or loss of any content or material uploaded or transmitted through our Website including in particular any third party content.
10.2 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content uploaded or transmitted by you through our Website or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of our Website, or the use by any other person accessing our Website using your shopping account and/or your personal data and information.
10.3 The exclusions and limitations of liability in these terms apply only to the extent permitted by law and no statutory rights as a consumer (if applicable) that cannot be excluded or limited are affected.
10.4 Nothing in this Statement affects our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
10.5 Content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
10.6 Product reviews, Product buying guides and any other content (third party or otherwise) shown on the Website are not intended to amount to advice on which reliance should be placed. Music Matters therefore disclaim all liability and responsibility to the extent permissible under law arising from any reliance placed on any Website content by any visitor to our site, or by anyone who may be informed of any of its contents.
10.7 Music Matters makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the content published in our Website. The information contained in the Website may contain technical inaccuracies or typographical errors. All liability of Music Matters howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
10.8 We warrant that any Product purchased from the Website is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
10.9 You agree that any liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.
10.10 These terms do not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.11 Music Matters accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of Products from outside the United Kingdom.
10.12 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. Music Matters do not warrant that any content available from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You agree to be responsible for anti-virus upkeep and other common security measures on your computer or other device and agree that Music Matters cannot be held liable for any damage or loss in this regard.
10.13 If you follow a link to any other websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
10.14 To the extent permitted by law, Music Matters and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
11.1 These terms and conditions and all associated terms in documents referred to by them are governed by English Law. Likewise, any Contract entered into with Robert Dyas through the Website will be governed by English Law.
11.2 Any dispute which cannot be resolved between us shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11.3 Music Matters will use our best efforts to ensure the Website complies with the laws of England and Wales but make no representations that the content on our Website are appropriate for use in locations outside the United Kingdom. If you visit the Website from outside the United Kingdom you assume responsibility for applying with local laws.
12.1 If any of these terms and conditions or any provisions of a Contract concluded under these terms and conditions are determined by law to be unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.1 When using the Website, you agree that communication with Music Matters will be mainly electronic and that such communications comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13.2 All notices given by you to us must be given to Music Matters via firstname.lastname@example.org. Music Matters may give notice to you by any means at its discretion within applicable law.
13.3 Notice will be deemed received and served immediately when posted on our website or communicated via telephone, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
14.1 Any Contract between you and Music Matters concluded under the terms of these terms and conditions, is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract, or any of your rights or obligations arising under it, without our prior written consent. Music Matters may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of any contract.
15. Not Available for Delivery
16. Force Majeure
16.1 You agree that Music MAtters will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions, including any Contract between you and us concluded under the terms of these terms and conditions, which is caused by events outside of Music Matters’ reasonable control.
16.2 Such events include, but are not limited to the following acts, event, non-happening, omission or accident beyond our reasonable control:
- Lock-outs or other industrial action
- Civil commotion
- Terrorist attack or threat of terrorist attack
- War (whether declared or not) or threat or preparation for war
- Storm, flood or other extreme weather
- Epidemic or other natural disaster
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- Impossibility of the use of public or private telecommunications networks
- The acts, decrees, legislation, regulations or restrictions of any government
16.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and you agree to allow us an extension of time for performance for the duration of that period.
17.1 We will endeavour to take all reasonable steps in order to protect data provided to us in accordance with our Privacy and Data Protection Policy.
17.2 Music Matters employs industry-standard encryption technologies when transferring and receiving consumer data exchanged with our Website. However, no data transmitted over the internet can ever be given a 100% guarantee of security. Consequently, though we will endeavour to protect your Personal Information, we do not warrant the security of any Personal Information you transmit to or from our Website.
17.3 Although the internet is not a completely secure medium, we have put in place various security procedures throughout our checkout and authentication process. Orders may be subject to a verification process by your issuing card provider.
17.4 In order to prevent unauthorised access, maintain accuracy of our records and data, we have appropriate physical, electronic and managerial procedures to protect, secure and safeguard the personal data and information we collect through our Website or services.
17.5 Robert Dyas cannot guarantee the security of any personal information or data disclosed to it or collected by it as we can have no control over the network through which your data may be sent to the Website.
18.1 The failure of Music Matters to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Music Matters reserves its rights in respect of these terms and conditions at all times.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 Any waiver by us of any of these terms and conditions shall be effective when expressly communicated to you as described in Communications above.