Please read these terms
and conditions carefully, they contain important information
about your rights and obligations.
1. Introduction
1.1 Please read these terms and conditions carefully
before using the website operated by Studiospec ('Company
Name' 'we' or 'us'). In particular, we draw your attention
to clauses 8 (Applicability of online materials) and
12 (Liability). By accessing or using 'our website'
you agree to be legally bound by these terms and conditions
as they may be modified and posted on our website
from time to time.
1.2 Without prejudice to the above, by using or accessing
our website, you agree to be legally bound by these
terms and conditions of use as they apply to your
use of or access to our website.
1.3 If you do not wish to be bound by these terms
and conditions then you may not use our website.
2. Nature of our website
Our website is a place for you to select and order
music hardware and software (the 'Products'). Our
website describes the Products in more detail.
3. Buying Products on our website
3.1 To order a product you will need to follow the
ordering procedures set out on our order page. Details
of our prices for the Products, and the procedures
for payment are displayed on our website.
3.2 Any times or dates stated on our website for delivery
are estimates only. All deliveries will be made by
reputable courier services. Studiospec will make all
reasonable efforts to deliver goods within the time
specified, but does not accept liability for any failure
within that time, or consequential losses arising
from delayed deliveries.
3.3 You must pay by credit or debit card at the time
of order . The price of any Product is the price in
force at the date and time of your order. We may change
the price of any Product before you place an order.
We try to ensure that our prices displayed on our
website are accurate but the price on your order will
need to be validated by us as part of the acceptance
procedure ( See Clause 3.4 below). We will inform
you if a Product's correct price is higher than that
stated in your order and you may cancel the order
and decide whether or not to order the product at
the correct price. The prices are exclusive of delivery
costs.
3.4 Studiospec is entitled to refuse any order placed
online for reasons we feel justifiable. If your order
is accepted, we will confirm acceptance to you by
online electronic means ('Confirmation') to the email
address you have given us on registration or on ordering.
The order will then be fulfilled by the date set out
in the Confirmation or, if the Confirmation does not
contain such a date, within 28 days. Delivery will
normally be made by a reputable courier service.
3.5 You undertake that all details you provide to
us for the purpose of purchasing goods or services
which may be offered by us on our website will be
correct, that the credit or debit card, or any electronic
cash, which you use is your own and that there are
sufficient funds or credit facilities to cover the
cost of any goods or services.
3.6 We will only deliver your order to the registered
address of the card holder which we will verify with
third party security services as a measure to safe
guard against credit card fraud. Should you wish to
arrange delivery to a third party please contact us
via phone to arrange alternative payment methods such
as cheque or direct money transfer (BACS or CHAPS)
4. Returns
4.1 Subject to clause 4.3, you may return any Products
you have purchased within 30 days of delivery for
any reason (including if you simply change your mind).
To do so you must notify us in writing or other durable
medium (including email) within those 30 days. You
will then be entitled to a refund from Studiospec
only upon return of said goods complete with packaging,
manuals and accessories in an acceptable condition
akin to which they were despatched to you. The refund
will be paid within 7 days of our receiving your return.
You must arrange for and pay the costs of returning
the Products to Studiospec, on request, we will collect
the Products from you, but the cost of this will be
charged to you and we may deduct this from the refund.
While in your possession, you must keep any Products
you intend to return to us in good condition.
4.2 If:
- the Product delivered is not what you ordered (including
any Substitute Products); or
- the Product delivered is not of a satisfactory
quality;
Studiospec will, at its option and subject to clause
4.3, deliver to you a replacement Product or refund
to you the price paid and your reasonable costs of
returning the Products.
4.3 In respect of clauses 4.1 and 4.2 above, Studiospec
will not accept refunds of software once the product
shrink wrap has been broken, unless the CD or disk
is found to be faulty.
4.4 If you have any complaints, you should direct
them to us via email at info@studiospec.com
or by post at StudioSpec, Bowyers Yard, Bedwardine Road, London, SE19 3AY
5. Modifications to website
5.1 We reserve the right to alter, suspend or discontinue
any aspect of our website or the content or services
available through it, including your access to it.
Unless explicitly stated any new features including
new content and/or the sale of new Products shall
be subject to these terms and conditions.
5.2 Please note that although we try to ensure that
the content of our website is accurate, our website
may contain typographical errors and other inaccuracies.
6. Information you provide
6.1 The following applies to any information you
provide to us, for example during any registration
or ordering process:
- You authorise us to use, store or otherwise process
any personal information which relates to and identifies
you, including but not limited to your name and address,
to the extent reasonably necessary to provide the
services which are available through our website by
us or our partners, successors (including purchaser
of the whole or part of our business), associates,
sub-contractors or other third parties (together our
'Partner Companies'). If you would like to review
or modify any part of your personal information then
you should write to us making a subject access request
under the Data Protection Act 1998 enclosing the fee
of £10 to : Data Protection Manager, StudioSpec,
Bowyers Yard, Bedwardine Road, London, SE19 3AY.
- If you obtain or choose to buy Products through
our website then we may collect information about
your buying behaviour and if you send us personal
correspondence such as e-mails or letters then we
may collect this information into a file specific
to you together, the various purposes set out in this
paragraph and in our privacy policy shall be known
as 'the Purposes'. All such information collected
by us shall be referred to in these terms and conditions
as 'Personal Information'.
- You must ensure that the Personal Information you
provide is accurate and complete and that all ordering
or registration details (where applicable) contain
your correct name, address and other requested details.
For more information about how we deal with your Personal
Information, please read our privacy policy.
6.2 By accepting these terms and conditions, you
agree to the processing and disclosure of the Personal
Information for the Purposes. If you would like
to review or modify any part of your Personal Information
then you should write to us at StudioSpec, Bowyers Yard,
Bedwardine Road, London, SE19 3AY.
6.3 You warrant and undertake that you will not
use our website for any purpose that is illegal
or prohibited by these terms and conditions, including
without limitation the posting or transmitting of
any libellous, defamatory, inflammatory or obscene
material. If you breach these terms and conditions
then your permission to use this website terminates
immediately without the necessity of any notice
being given to you. We retain the right to dent
access to any person who fails to comply with these
terms and conditions.
7. Security
You are solely responsible in all respects for all
use of and for protecting the confidentiality of any
username, email verification and password that may
be given to you or selected by you for use on our
website. You may not share these with or transfer
them to any third parties. You must notify us immediately
of any unauthorised use of them or any other breach
of security regarding our website that comes to your
attention. Any abuse of these terms may result in
your partial or banning from use of our facilities
8. Applicability of Online Materials
8.1 Unless otherwise specified the materials published
on our website are presented solely for your private,
personal and non-commercial use.
8.2 Our website is controlled and operated by us.
You assume total responsibility and risk for your
use of our website and use of all information contained
within it.
8.3 We have used our best endeavours to ensure that
our website complies with UK law. However, we make
no representations that the materials on our website
are appropriate or available for use in locations
outside the United Kingdom. Those who visit our website
from other locations do so on their own initiative
and are responsible for compliance with all applicable
laws. If use of our website and/or viewing of it,
or use of any material or content on our website or
services, or products offered through our website
are contrary to or infringe any applicable law in
your jurisdiction(s), you are not authorised to view
or use our website and you must exit immediately.
8.4 We make no representations and give no warranties,
express or implied that making the Products available
in any particular jurisdiction outside the UK is permitted
under any applicable non-UK laws or regulations. Accordingly,
if making the Products or any part available in your
jurisdiction or to you (by reason of nationality,
residence or otherwise) is prohibited, those Products
are not offered for sale to you. You accept that if
you are resident outside the UK, you must satisfy
yourself that you are lawfully able to purchase the
Products. Studiospec accepts 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 the Products by
persons in jurisdictions outside the UK or who are
nominees of or trustees for citizens, residents or
nationals of other countries.
9. Copyright and Monitoring
The contents of our website are protected by international
copyright laws and other intellectual property rights.
The owner of these rights is Studiospec or other third
party licensors. All product and company names and
logos mentioned in our website are the trade marks,
service marks or trading names of their respective
owners, including us. You may download material from
our website for the sole purpose of placing an order
with Studiospec or using our website as a shopping
resource. However, you may not 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, video, messages, code and/or
software without our prior written consent, except
where expressly invited to do so, for example in order
to complete any test or questionnaire.
10. Linked Sites
Studiospec makes no representations whatsoever about
any other websites which you may access through our
website or which may link to our website. When you
access any other website you understand that it is
independent from Studiospec and that we have no control
over the content or availability of that website.
In addition, a link to any other site does not mean
that Studiospec endorses or accepts any responsibility
for the content, or the use of, such a website and
shall not be liable for any loss or damage caused
or alleged to be caused by or in connection with use
of or reliance on any content, goods or services available
on or through any other web or resource. Any concerns
regarding any external link should be directed to
its website administrator or web master.
11. Availability of our website
We will try to make our website available but cannot
guarantee that our website will operate continuously
or without interruptions or be error free and can
accept no liability for its unavailability. You must
not attempt to interfere with the proper working of
our website and, in particular, you must not attempt
to circumvent security, tamper with, hack into, or
otherwise disrupt any computer system, server, website,
router or any other internet connected device.
12. Liability
12.1 We promise that all Products you purchase from
our website:
- We have the right to sell the Product to you;
- the Product will correspond with the description
we have given to you; and
- the Product will be of satisfactory merchantable
quality.
We exclude all other express or implied terms, conditions,
warranties, representations or endorsements whatsoever
with regard to any products (including without limitation
the Products), our website or any information or service
provided through our website.
We will do our best to ensure that all materials and
information published on our website are accurate,
but please note that all materials and information
on our website are provided on an 'as is' basis and
you assume total responsibility and risk for your
use of our website and use of all information contained
within it.
12.2 We accept no liability for any indirect or
consequential loss or damage, or for any loss of
data, profit, revenue or business (whether direct
or indirect), however caused, even if foreseeable.
In circumstances where you suffer loss or damage
arising out of or in connection with the viewing,
use or performance of our website or its contents
other than as a direct result of purchasing Products
(which shall be subject to the exclusions and limitation
of liability set out in these terms and conditions),
we accept no liability for this loss or damage (except
where we have been negligent) whether due to inaccuracy,
error, omission or any other cause and whether on
the part of Studiospec or our servants, agents or
any other person or entity.
12.3 If we are liable to you for any reason, our liability
will be limited to the amount paid by you for the
Product concerned. This limit does not apply to any
liability we may have for death or personal injury
resulting from our negligence or for our fraudulent
misrepresentation.
12.4 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. You also understand that we cannot and
do not guarantee or warrant that any material available
for downloading from our website will be free from
infection, viruses and/or other code that has contaminating
or destructive properties. You are responsible for
implementing sufficient procedures and virus checks
(including anti-virus and other security checks) to
satisfy your particular requirements for the accuracy
of data input and output.
12.5 The limitations and exclusions in this clause
do not affect your non-excludable statutory rights
and only apply to the extent permitted by applicable
law.
13. General
13.1 We may assign, novate or subcontract any or
all of our rights and obligations under these terms
and conditions at any time.
13.2 We may alter these terms and conditions from
time to time and post the new version on our website,
following which all use of our website will be governed
by that version. You must check the terms and conditions
on the website regularly.
13.3 These terms and conditions together with the
privacy policy, any order form and payment method
instructions, if any, are the whole agreement between
you and Studiospec. You acknowledge that you have
not entered into this agreement in reliance upon any
warranty or representation made by Studiospec or any
other person and you irrevocably and unconditionally
waive any rights to claim damages and /or rescind
these terms and conditions by reason of misrepresentation
(other than a fraudulent misrepresentation) that is
not contained in the terms and conditions, privacy
policy, order form and payment method instructions.
13.4 If any provision or term of these terms and conditions
shall become or be declared illegal, invalid or unenforceable
for any reason whatsoever, such term or provision
shall be divisible from the other terms and conditions
and shall be deemed to be deleted from them.
13.5 These terms and conditions and your use of our
website are governed by English law and you submit
to the non-exclusive jurisdiction of the English court.
13.6 Except in respect of payment obligation, neither
you nor Studiospec will be held liable for any failure
to perform any obligation to the other due to causes
beyond your or Studiospec respective reasonable control.
13.7 Failure or delay by either party enforcing an
obligation or exercising a right under these terms
and agreement does not constitute a waiver of that
obligation or right.
13.8 These terms and conditions do not confer any
rights on any person or party (other than you and/or
us) pursuant to the Contracts (Rights of Third Parties)
Act 1999.
14. Notices
14.1 All notices shall be given:
- to us via email at info@studiospec.com
; or
- to you at either the e-mail or postal address you
provide during any ordering process.
Notice will be deemed received when an email is received
in full (or else on the next business day if it is
received on a weekend or a public holiday in the place
of receipt) or 3 days after the date of posting.
Stock Categories
We allocate our products into different categories
to ensure that you are fully informed of what you are
buying.
New Stock
This is stock supplied from our warehouse in virgin,
sealed packaging as shipped from the manufacturer
(unless modified or updated at your request) under
a full one year return to base warranty. Images shown
will not be of the actual unit for sale but stock
pictures supplied by the manufacturer.
B-Stock
These are items that have been utilised either by
us, or the manufacturer in some form, and as such
are not supplied in a virgin or as new condition.
In some instances these may be items that have been
used for in-house demonstration purposes or may be
items that have been refurbished by the manufacturer
for re-sale. We will make every endeavour to provide
an accurate description of the units condition but
units may be supplied without drivers and associated
support software or manuals and in most cases the
packaging will show signs of wear and tear or travel.
B-Stock items will be sold at heavily discounted prices
and are a great way to get yourself a bargain. Items
are supplied with full one year return to base warranty
unless specified to the contrary within the items
description. Images shown will not be of the actual
unit for sale but stock pictures supplied by the manufacturer.
Pre-owned
These are items that we have purchased or taken in
part exchange from a client upgrading and are held
by us as stock. All these items are examined by StudioSpec
staff for faults and blemishes and if there is an
image shown it will be of the actual unit for sale.
Pre-owned stock is supplied with a 30 day warranty.
Licensed Sale
These are items that StudioSpec have viewed, tested
and are selling for and on behalf of a trusted client,
but are sold without warranty in any form. These items
may not be held by us as stock, so delivery times
may be extended as we must arrange a convenient collection
time from the seller. Where there is an image shown
it will be of the actual unit for sale.
All Licensed sale items are offered on a 3 day return
notification basis, should the unit be delivered to
you in a non-functioning or unsatisfactory state,
it is the your (the buyers) responsibility to report
this to us in writing or by email within 3 days of
delivery, failure to do so makes the purchase contract
binding and StudioSpec and the previous owner can
no longer be held responsible for the item.
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