Policies for ordering through SVM Percussion via Shopatron
1.Format of the Contract
3.Description and price of the goods
7.Your right of cancellation
9.Limitation of Liability
10.Data Protection and
13.Governing Law and Jurisdiction
1. Format of the Contract
1. These terms of sale apply to all goods ordered through the Shopatron service (via www.soarvalleymusic.co.uk), whose registered office is at Shopatron UK Limited,19-21 Newport St, Newport House, Swindon, SN1 3DX registered in England and Wales No. 6427309 (the "we", or "our").
2. When you order and pay online our intelligent system starts working to ensure rapid packaging and delivery by the manufacturer or an approved retailer (your “Shopatron Supplier”).
3. Any order placed by you for goods advertised on our websites is an offer by you to purchase the goods selected in your order. No contract exists between you and Shopatron or a Shopatron Supplier for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
4. We will send you an order acknowledgment shortly after you place your order by e-mail, notifying you that we have received your order.
5. The contract itself shall enter into force after Shopatron has accepted the Customer’s order in written or in text form (“Acceptance“) which shall occur at the latest by delivery of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
6. In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions set forth below under Description and price of the goods.
7. The contract is subject to your right of cancellation (see Your Right of Cancellation below in section 7).
8. We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with Payment terms below).
9. Shopatron may change these terms of sale without notice to you in relation to future sales.
1. We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
2. Shopatron and its fulfillement partners do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use the Shopatron service only with the involvement of a parent or guardian.
3. Unless otherwise stated, Shopatron or its fulfillment partners own the copyright and any other rights in all material on this site. This copyright and other rights do not extend to graphics that may be publicly available.
4. Any rights not expressly granted in these terms are reserved.
3. Description and price of the goods
1. The description and price of the goods you order will be as shown on the website at the time you place your order.
2. If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
3. If within 10 working days of our acceptance of your order we discover that some but not all of the goods are unavailable, the following provisions apply:
1. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or the part of the order that is not available to ship. If you choose not to cancel the products that are unavailable for immediate shipment these products will be put on back order for later delivery to you.
2. If you have not cancelled the order in whole or in part within 1day of receipt of such notice, we will deliver the available goods in accordance with Delivery terms below. We will refund or re-credit you for any sum that has been paid by you or debited from your payment method in respect of the unavailable goods or cancelled order (if you have cancelled it).
4. We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
5. To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our websites or otherwise.
6. In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our websites at the point that you place your order.
1. Payment for the goods and delivery charges can be made by any method shown on the 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 Shopatron to terminate the contract immediately.
2. There will be no delivery until cleared funds are received.
3. Payments shall be made by you without any deduction whatsoever.
1. The goods you order will be delivered to the address you give when you place your order. Some products have specific shipping rules and may not be delivered to some countries please confirm specific shipment restrictions for each product you wish to purchase on the product detail page.
2. Please confirm that you enter your correct and full address when placing your order. You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
3. All items destined for your delivery address will be shipped by a responsible courier with some form of delivery confirmation or tracking code where possible. However, it is not possible to choose exactly which carrier we use for your order.
4. If delivery cannot be made to your address for reasons under the Shopatron Supplier´s control the Shopatron Supplier will inform you as soon as possible.
5. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations Shopatron shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your payment method for the goods. On exercising your right to cancel you shall be required to return the goods to the Shopatron Supplier that sent your goods. Should you fail to return the goods, the Shopatron Supplier reserves the right to deduct any direct costs incurred by the Shopatron Supplier in retrieving the goods as a result of such failure.
6. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Shopatron Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Shopatron Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
7. Upon receipt of your order you may 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.
8. Where we deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment.
1. The goods are at your risk from the time of delivery.
2. Ownership of the goods shall not pass to you until Shopatron has received in full (in cash or cleared funds) all sums due to it in respect of:
1. the goods, and
2. all other sums which are or which become due to Shopatron from you on any account.
7. Your right of cancellation (Distance Selling Regulation)
1. Provided you are a private customer, who orders goods for a purpose that can neither be attributed to your commercial activity nor to any independent professional activity, you have the right to cancel the contract at any time up to 14 days after you receive the goods (see below) and provided that Shopatron has already informed you about your cancellation rights under the Distance Selling Regulation. Such information will be provided together with the order acceptance by Shopatron as stipulated in section 1.5 (see above).
2. Please note that this policy has some limitations. These limitations includes (a) certain product types e.g. perishable goods, custom made products, computer software which has been unsealed or installed by you, audio or video recordings which have been unsealed; or (b) where we have agreed to provide a service to you immediately
3. The cancellation period shall begin, at the earliest, upon the receipt of the above mentioned information, but not before the goods has been delivered to the customer.
4. To exercise your right of cancellation, you must give notice to Shoptron in textform by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient Please note that the cancellation does not have to contain any reasons. The cancellation period shall be deemed observed if the notice of cancellation is dispatched in due time.
5. The notice of cancellation shall be addressed to Shopatron by Letter: Shopatron UK Limited, 19-21 Newport, St Newport House, Swindon, SN1 3DX, UK or Fax: +44 1793 474652 or E-Mail: email@example.com.
6. In the case of a valid cancellation, the performances received mutually by the parties shall be returned and, where applicable, a compensation for the usage made must be returned. 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 Shopatron or the Shopatron Supplier at your own cost. The goods must be returned to the address shown on your included packing note included with your delivery. 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 the Supplier shall, after receiving notification in accordance with condition 7.7 , 7.8 or 7.9 , either collect the goods from you or ask you to return the goods to the Shopatron Supplier in accordance with the Shopatron Supplier's Returns procedure (see condition 12 below).
7. Once you have notified Shopatron that you are cancelling the contract, Shopatron will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your payment method for the goods.
8. If you cancel an order within the Cancellation Period but have already received the product, you must return the product as soon as possible to the Shopatron Supplier and, in any event, within 30 days of Delivery. The details of where to return the product will be set out in the Returns Documents. If the Shopatron Supplier does not receive the product back from you, we may arrange for collection of the product from your delivery address at your cost.
9. You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
1. All new goods supplied by the Shopatron Supplier are warranted free from defects. This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during warranty period, you should follow the Supplier's Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the Shopatron Supplier will (at its option) either:
1. replace those goods, if the Shopatron Supplier has available the same goods at the same price;
2. repair those goods; or
3. refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Shopatron Supplier's Returns procedure (see condition 12 below).
4. return goods to the manufacturer for repair or replacement
2. The warranties in conditions 8.1 above do not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Shopatron Supplier's instructions, or any alteration or repair carried out without the Shopatron Supplier's prior written approval.
3. If the goods supplied to you are damaged in transit, you should notify the Shopatron Supplier in writing via email within 7 working days of receipt of the goods and return the goods to the Shopatron Supplier in accordance with our returns policy (see Returns below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clause 8.1.
4. If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 28 calendar days of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1 and 8.2.
5. All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine your rights and remedies in this regard.
6. You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the Products supplied and should refer to the relevant documentation supplied with the Product in this regard. (If applicable, a Return Policy may also set out procedures applicable to repairs or replacement of defective Products delivered.)
9. Limitation of Liability
1. Subject to 9.2 below, Shopatron and all involved fulfillment partners shall not be liable to you for any loss or damage in circumstances where:
1. there is no breach of a legal duty owed to you by Shopatron and all involved fulfillment partners or by its employees or agents;
2. such loss or damage is not a reasonably foreseeable result of any such breach;
3. any increase in loss or damage resulting from breach by you of any term of this contract.
2. Nothing in these conditions excludes or limits the liability of Shopatron and all involved fulfillment partners for death or personal injury caused by intention, negligence or fraudulent misrepresentation.
3. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.
4. Shopatron and all involved fulfillment partners shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of Shopatron and all involved fulfillment partners arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
5. NOTHING IN THESE CONDITIONS SHALL OR BE CONSTRUED AS LIMITING OR EXCLUDING OUR LIABILITY OR A MANUFACTURER'S, LICENSOR'S OR SHOPATRON SUPPLIER'S LIABILITY TO YOU, WHERE UNDER MANDATORY LAWS APPLICABLE IN YOUR TERRITORY, SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.
6. THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.
10. Data Protection and Privacy
1. Shopatron will take all reasonable precautions to keep the details of your order and payment secure but unless Shopatron is negligent, we will not be liable for unauthorised access to information supplied by you.
2. Any personal information, which you supply to us, will be kept secure and processed in accordance with applicable privacy law. We will use it to fulfill your order and provide customer care. If you tick the box on the order form we might also use your details to contact you about our products via our newsletter.
1. Product images are for illustrative purposes only and may differ from the actual product.
1. When returning products, you are under a duty to take reasonable care to ensure that the Shopatron Supplier receives the products and that the products are not damaged in transit. Therefore, for your protection, when you are returning a product to us, we recommend that you use a recorded delivery service. A collection service may be offered for some products the Returns Documents will state if a collection service operates for your product
2. Please note that you will be responsible for the costs of returning the products to us or for the use of the collection service unless it is defective (see below)
3. If the product you receive: (a) has been sent to you incorrectly due to our or the Shopatron Supplier's error; (b) is damaged; (c) does not conform to its description; (d) is not fit for purpose; or (e) is not of satisfactory quality it is considered defective. Note that damage caused to the product once it is in your possession does not make the product defective and is beyond our responsibility.
4. If a product is defective, please contact Shopatron UK by telephone on 01793 716092 or by email to firstname.lastname@example.org.
5. Defective products should be returned to the Shopatron Supplier as soon as possible, and in any event, within 30 days of delivery.
6. In particular, please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
7. Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
13. Governing Law and Jurisdiction
1. 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.
2. The language of any dispute resolution procedure or any proceedings will be English.
3. The above Conditions shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and/or language and this cannot be excluded by contract.
Shopatron UK Limited
19-21 Newport St
VAT: 925 4059 25