TERMS AND CONDITIONS
Please read all these Terms and Conditions.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). From Neal Heppleston of G104 Holme Bank Mills, Station Road West Yorkshire, WF14 8NA with email address neal@hepplestondoublebasses.co.uk; telephone number 07763 688127 (the Supplier or us or we).
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you, of the number and description as set out in the Order;
7. Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.
Goods
8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size, design with varying custom modifications, additions and fittings.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
12. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.
13. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
14. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
15. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
16. The starting price of the Goods is that set out in our price list current at the date we accepted the Order. Additional costs such as custom additions or modifications to the design, will be agreed before the Contract is finalised and the final price calculated.
17. Delivery or shipping costs will be quoted by Supplier and paid for by the Customer, this includes any Packaging, Handling Fees, Customs duty and Tax.
18. Payment for Goods are to be made in 3 instalment, 1/3 upon placing the order as a non-refundable deposit to join the waiting list, 1/3 on commencement of the build, and the final 1/3 on completion of the build. Payment must have been made in full before delivery of the Goods. Payment can also be made in full upon placing the order.
19. Late Payment Fees (as set out under the Late Payment of Commercial Debts [Interest] Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002) will be added to any outstanding invoice after 30 days from the date of the invoice, and further fees will be added every 7 days thereafter.
Delivery
20. A time scale of the order will be drawn up and agreed upon in the Contract. You will be advised of the waiting list length, what date the start of the work will commence (this will be estimated), and when the order will be completed (this will be estimated)
21. Sometimes work can be delayed for reasons out of our control. Updates will be given throughout the process of the build and any changing time scales will be adjusted accordingly.
22. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day after the instrument is completed.
23. If for any reason we can not deliver the Goods and will be unable to complete the work you will be advised and you can treat the Contract at an end if:
a. we have refused or are no longer able to deliver the Goods; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have been unable to deliver within that period also.
24. If you treat the Contract at an end, we will (in addition to other remedies) promptly return completed payments excluding the non-refundable deposit of 1/3 of the final cost.
25. Goods can bee collected from our premises or we can arrange for delivery to addresses internationally at the Customers expense. Please note you may need to pay import duties or other taxes, outside of the United Kingdom, as we will not pay them.
26. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
27. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
28. Following the completion of the work, if full payment has not been made after 6 months and the collection or delivery has not been agreed by the Customer, the instrument maybe sold to cover costs of the work.
Risk and Title
29. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you. We recommend that the Goods are insured at their full cost.
30. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
31. Late Payment Fees (as set out under the Late Payment of Commercial Debts [Interest] Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002) will be added to any outstanding invoice after 30 days from the date of the invoice, and further fees will be added every 7 days thereafter.
Withdrawal
32. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, however if the deposit (first instalment) has been paid this is non-refundable. (If payment is made in full, deposit amount will also be non-refundable).
Conformity
31. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
32. Upon delivery, the Goods will:
a. be of satisfactory quality
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
33. It is not a failure to conform if the failure has its origin in your materials.
34. We will provide the following after-sales service: Extra set up work and check up will be available after the completion on the instrument. Each instrument comes with a lifetime warranty to the original owner/purchaser of the instrument for any failure in the construction or design of the instrument.
The following are exclusions which may void the warranty, specifically:
- Any damage caused by negligence, accident, improper use or unauthorised repair.
- Damage caused by extremes of heat and/or humidity.
- Normal wear and tear, worn frets, worn tuning machines, or finish damage caused by extreme cold or contact with plastics or solvents.
- Hardware, fittings (tailpieces, strings, pick ups, tuning machines, endpins etc) and electronics are covered by the manufacturers? warranties
Circumstances Beyond the Control of Either Party
35. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
Privacy
36. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
37. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found The policy can be found at www.hepplestondoublebasses.co.uk/privacy-policy.
38. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
39. We are a Data Controller of the Personal Data we Process in providing the Goods to you.
40. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
41. For any enquiries or complaints regarding data privacy, you can email: neal@hepplestondoublebasses.co.uk.
Excluding Liability
42. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
43. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
44. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
45. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. Our Complaints Policy can be viewed on our website www.hepplestondoublebasses.co.uk/complaints-policy .