PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN
A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Le Blond Musical Instrument
Cases Limited, whose registered office is at 1st Floor, 15 Station Road, Harpenden,
Hertfordshire, AL5 4SQ registered in England and Wales No. 01378494 (the Supplier).
1.2 No contract exists between you and the Supplier for the sale of any goods
until the Supplier has received and accepted your order and the Supplier has
received payment in full (in cleared funds). Once the Supplier does so, there
is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to
you via e-mail when you place your order, but acceptance of your offer to buy
the goods will not take place until after your payment is taken and you receive
your acceptance e-mail. It is at this point that a binding legal contract is
created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation
to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the
Suppliers website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods
you have ordered are not available in stock, the Supplier will inform you as
soon as possible and refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Suppliers website
are accurate at the time you place your order. If an error is found, the Supplier
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 the Supplier does
not receive an order confirmation within 14 days of informing you of the error,
the order will be cancelled automatically. If you cancel the order, or if the
order is cancelled automatically due to the expiry of the 14 day period, the
Supplier will refund or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for
3.1 Payment for the goods and delivery charges can be made by any method shown
on the Suppliers website at the time you place your order. Payment shall be due
before the delivery date and time for payment shall be a fundamental term of
this agreement, breach of which shall entitle the Supplier to terminate the contract
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you
have a valid court order requiring an amount equal to such deduction to be paid
by the Supplier to you.
4.1 The goods you order will be delivered to the address you give when you place
4.2 Orders placed before 3.00 pm on a working day will be processed that day
and will be delivered as per the requested delivery option provided no additional
security checks are required and all stock items are available. (A working day
is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Suppliers
control the Supplier will inform you as soon as possible and refund or re-credit
you for any sum that has been paid by you or debited from your credit card for
4.4 If you deliberately fail to take delivery of the goods (otherwise than by
reason of circumstances under control of the Supplier) then without prejudice
to any other right or remedy available to the Supplier , the Supplier may:
4.5 If you fail to take delivery because you have cancelled your contract under
the Distance Selling Regulations the Supplier shall refund or re-credit you within
30 days for any sum that has been paid by you or debited from your credit card
for the goods. On exercising your right to cancel you shall be required to return
the goods to the Supplier. Should you fail to return the goods, the Supplier
reserves the right to deduct any direct costs incurred by the Supplier in retrieving
the goods as a result of such failure.
- 4.4.1 store the goods until actual delivery and charge you for reasonable
costs (including insurance) of storage; or
- 4.4.2 sell the goods at the best readily obtainable price and (after deducting
all reasonable storage and selling expenses) account to you for any excess
over the price you agreed to pay for the goods or charge you for any shortfall
below the price you agreed to pay for the goods.
4.6 Every effort will be made to deliver the goods as soon as possible after
your order has been accepted. However, the Supplier will not be liable for any
loss or damage suffered by you through reasonable or unavoidable delay in delivery.
In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received
in good condition. If the package does not appear to be in good condition then
please refuse the delivery. If you are unable to check the contents of your delivery
at the point of delivery then please sign for the parcel as UNCHECKED. Failure
to do so may affect any warranty claims that you make thereafter.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received
in full (in cash or cleared funds) all sums due to it in respect of:
5.3 The Supplier shall be entitled to recover payment for the goods even though
ownership of any of the goods has not passed from the Supplier.
- 5.2.1 the goods, and
- 5.2.2 all other sums which are or which become due to the Supplier from
you on any account.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has
passed to you, you must:
6.2 If you are a business customer your right to possession of the goods shall
terminate immediately if:
- 6.1.1 store the goods (at no cost to the Supplier) separately from all
your other goods and goods of any third party in such a way that they remain
readily identifiable as the Suppliers property;
- 6.1.2 not destroy, deface or obscure any identifying mark or packaging
on or relating to the goods; maintain the goods in satisfactory condition
and keep them insured on the Suppliers behalf for their full price against
all risks to the reasonable satisfaction of the Supplier. On request you
shall produce the policy of insurance to the Supplier; and
- 6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other money, nor pay
the proceeds into an overdrawn bank account.
7. Your right of cancellation
- 6.2.1 you have a bankruptcy order made against you or make an arrangement
or composition with your creditors, or otherwise take the benefit of any
statutory provision for the time being in force for the relief of insolvent
debtors, or being a body corporate) convene a meeting of creditors (whether
formal or informal), or enter into liquidation (whether voluntary or compulsory)
except a solvent voluntary liquidation for the purpose only of reconstruction
or amalgamation, or have a receiver and/or manager, administrator or administrative
receiver appointed of its undertaking or any part thereof, or a resolution
is passed or a petition presented to any court for your winding up or for
the grant-ing of an administration order in respect of you, or any proceedings
are commenced relating to your insolvency or possible insolvency; or
- 6.2.2 you suffer or allow any execution, whether legal or equitable, to
be levied on your property or obtained against you or you are unable to pay
your debts within the meaning of section 123 of the Insolvency Act 1986 or
you cease to trade; or
- 6.2.3 you encumber or in any way charge any of the goods.
7.1 You have the right to cancel the contract at any time up to the end of 7
working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the
Supplier by hand, post, fax, email or via the Returns on Line section of our
website, giving details of the goods ordered and (where appropriate) their delivery.
Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your
right of cancellation after the goods have been delivered to you, you will be
responsible for returning the goods to the Supplier at your own cost. The goods
must be returned to the address shown within the Returns on Line section of the
website. You must take reasonable care to ensure the goods are not damaged in
the meantime or in transit. In the case of faulty or misdescribed goods we shall,
after receiving notification in accordance with clause 8.3 or 8.4, either collect
the goods from you or ask you to return the goods yourself and refund you the
reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract,
the Supplier will refund or re-credit you within 30 days for any sum that has
been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not return
the goods as required, the Supplier may charge you a sum not exceeding the direct
costs of recovering the goods.
8.1 All goods supplied by the Supplier are warranted free from defects for 12
months from the date of supply (unless otherwise stated). This warranty does
not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair
wear and tear, wilful damage, accident, negligence by you or any third party,
use otherwise than as recommended by the Supplier, failure to follow the Suppliers
instructions, or any alteration or repair carried out without the Suppliers approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the
Supplier in writing via e-mail or fax within 14 days.
8.4 If the goods supplied to you develop a defect while under warranty or you
have any other complaint about the goods, you should notify the Supplier in writing
via e-mail or fax, as soon as possible, but in any event within 14 days of the
date you discovered or ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable
to you for any loss or damage in circumstances where:
9.2 Nothing in these conditions excludes or limits the liability of the Supplier
for death or personal injury caused by the Suppliers negligence or fraudulent
- 9.1.1 there is no breach of a legal duty owed to you by the Supplier or
by its employees or agents;
- 9.1.2 such loss or damage is not a reasonably foreseeable result of any
- 9.1.3 any increase in loss or damage resulting from breach by you of any
term of this contract.
9.3 If you are a business customer the Supplier shall not be liable to you for
any indirect or consequential loss or damage (whether for loss of profit, loss
of business, depletion of goodwill or otherwise), costs, expenses or other claims
for consequential compensation whatsoever (howsoever caused) which arise out
of or in connection with this agreement.
10. Data Protection
The Supplier values it customers and respects their privacy. The Supplier will
collect customer information in an effort to improve their shopping experience
and to communicate with them about their products, services, contests, and promotions.
The Supplier recognizes that it must maintain and use customer information responsibly.
The Supplier does not sell or rent the information you provide to The Supplier
online to third parties.
The Supplier will take all reasonable precautions to keep the details of your
order and payment secure but unless the Supplier is negligent, the Supplier will
not be liable for unauthorised access to information supplied by you.
If the Suppliers information practices change in the future, they will let you
know by posting the policy changes on their Web site or by communicating directly
with you. The Supplier will notify you of any such change before they use your
will have the opportunity at that time to opt out of any new use of your information
Product images are for illustrative purposes only and may differ from the actual
product. These terms of sale and the supply of the goods will be subject to English
law and the English courts will have jurisdiction in respect of any dispute arising
from the contract, save that consumers resident in Scotland shall have the right
to insist upon these terms being construed in accordance with the laws of Scotland
and to submit to the jurisdiction of Scottish courts.