Terms & Conditions
TERMS AND CONDITIONS
No statement or condition of sale contained within these terms affects or restricts your statutory rights as defined under The Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013.
All orders for goods accepted by Spears are accepted subject to the following conditions, which shall form part and govern the contract of sale. Acceptance of goods by the customer shall be deemed to be acceptance of these conditions of sale unless the customer notifies the vendor in writing within 14 days of receipt of this letter or delivery of goods. Any term sought to be imposed by a customer either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of Spears has authority to vary these conditions.
We store the content of this contract and will send you the details of your order via email. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
TERMS OF PAYMENT
For orders placed using Credit or Debit cards, the payment will be debited immediately after an order is placed. The company reserves the right not to accept payment by credit or debit card, where 3D secure is unsuccessful, there is an address or postcode non match or request to deliver to an alternate address other than the billed address. Cheques must be cleared before delivery of goods, which takes 7-10 days, therefore direct bank transfer is recommended when payment by card is not possible or not accepted. The company only accepts purchase orders on 30 day credit terms from recognised educational establishments and government departments. Goods remain the property of the company until paid for in full and the company reserves the right not to dispatch goods until cleared funds have been received. Online finance is provided by V12 Retail Finance, which is owned by Secure Trust Bank PLC. Registered in England and Wales 541132. Registered Office Yorke House Arleston Way, Solihull B90 4LH. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
SHIPMENT OF ORDERS
The company shall not be bound by a contract of sale until the goods have been received by the customer. As indicated on the returns and delivery page, delivery dates are provided as an estimate only - we will use our best endeavours to comply with the date named for delivery. Many products are held in stock by us, but in some cases the date stated is an estimate of the time it will take to order the item from the manufacturer and deliver it to the customer. We reserve the right to part ship orders but will not charge more than the total advertised delivery price for delivery of the order in full. In the event that a customer refuses a delivery, which results in goods being returned to us by the courier, we reserve the right to deduct the cost of delivery from any applicable customer refund. It is the customers responsibility to notifiy via email of any access difficulties such as stairs, or where a delivery may be difficult due to limited space. We reserve the right to charge the delivery charge to the customer and back to ourselves if a delivery is inaccessible, due to us not having been notified of the circumstances. We are unable to guarantee next working day delivery. On occasions our 3rd party courier experience delays that are out of their and our control. Should this be the case, we are unable to offer any compensation to customers. This is an unusual occurrence, but we advise customers allow adequate time if a purchase is for a special occasion.
GOODS DAMAGED IN TRANSIT OR SHORTAGES
Any goods received by the customer that have suffered damage in transit or any shortages of goods must be reported to the company as soon as possible, and at the latest within 48 hours of receiving the goods. The company will collect damaged goods from the customer and deliver replacement goods where applicable, as quickly as possible at its own expense. The company is unable to accept any responsibility for goods damaged in transit or shortage of goods if the customer reports the damage or shortage more than 48 hours after receiving the goods.
DELIVERY OF THE INCORRECT ITEM
Any goods received by the Customer that the Customer considers as the incorrect delivered goods must be reported to the Vendor as soon as possible, and at the latest within 14 days of receiving the goods. The Vendor will collect incorrect goods from the Customer and deliver replacement goods as quickly as possible at its own expense. The Customer has a responsibility to return the incorrect item or any item that has been accidentally delivered to the Customer by the Vendor without order or payment. If the Customer doesn’t return it, the Vendor will charge the Customer the full cost of the item.
CANCELLATION OF ORDERS / RETURNS
The customer has a 14 day cooling off period from the day after the day on which they received the goods. During this period the customer has the right to cancel an order for items purchased from our website. Orders can be cancelled by emailing us at returns@spearsmusic.co.uk.
Please note cancelled items must be returned to us within 14 days after giving notice of cancellation.
(Your statutory rights state that a return request may be made within 14 days from the day after the day on which you receive the goods)
If you cancel this contract you are responsible for the cost of returning the goods to us, this also includes refusal of delivery (if you refuse delivery or are not in for 3 delivery attempts and want to cancel, you will be charged as per below). Delivery/collection charges will need to be met by the customer, however we may be able to offer a collection service for which the cost is dependent on the item/s size and weight. We recommend that you use the original packaging where possible and use a tracked method. If you do not have the original packaging all items must be sent using appropriate packing material to prevent the items getting damaged or scratched. Please see collection charges below:
• Guitar/Digital Drums boxed in appropriate packaging under 20Kg £60Digital & Acoustic Drums/Amps boxed in appropriate packaging 20-40Kg £85
• Digital & Acoustic Drums/PA/Amps boxed in appropriate packaging over 40Kg £100
• Any other items boxed in appropriate packaging under 20Kg £50
The above charges are for collections from UK mainland postcodes, additional surcharges can apply to collections from postcodes outside UK mainland. Please enquire for more details before committing to your purchase.
When we receive returned goods they will be inspected to ensure all manuals, accessories, free items and any other components are within the returned package and that the customer has taken reasonable care of the goods and also taken reasonable care to ensure the goods are appropriately packaged for safe transportation back to us. With regard to guitars, any protective plastic over the scratch plate should not have been removed and the strings should be the strings that were supplied on the guitar or bass and should not have been changed. If the goods have missing manuals, accessories, free items or any other components, the company shall charge the customer the cost of the missing items. If we receive goods that have not had reasonable care taken, we will charge the customer a fee equivalent to the reduction in the value of the goods, or reject the return entirely.
A deduction can also be made if the value of goods has been reduced as a result of you handling the goods more than was necessary. The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop. Spears is not able to take responsibility for items that are returned within the specified return period that have been misused or subject to wear and tear cause by use.
With regard to software and digital item sales the right to cancel and return is lost if the digital content or software is used by the consumer by downloading/installing or registering the data.
Some items are only eligible for cancellation if they are returned to us unused and sealed in the original packaging, and in the case of software, unregistered.
These items include:
• Software
• CDs & DVDs
• Headphones and In-ear Monitors
• Earplugs and Ear Protection
• Mouth / Lip Care Products
We are unable to accept returns of any goods made to consumer specification or personalised. Exceptions may only be possible with our prior agreement and may be subject to a cancellation fee. We are unable to accept return requests where the packaging has become damaged in transit. Packaging is designed to protect items in transit and as such can sometimes sustain damage/creasing etc. If a return is requested by a customer due to this reason, the customer will be required to cover the cost of returning the goods to us.
We may cancel any order placed by a customer prior to the goods being received by the customer if we are no longer able to supply the item, there has been a significant price change of the item, an error with regard to the listed price,or if we suspect the transaction is fraudulent. If an order is cancelled by us, any monies paid by the customer will be refunded in full as soon as possible but no later than 28 days. If you purchased in one of our stores within 7 days of purchase, we are happy to exchange or give your a refund with a credit note for any item you purchase. Just return the item to our store, unused, in its original undamaged packaging, along with the receipt. We do not give cash refunds in cases of change of mind for goods purchased in-store.
DEFECTIVE GOODS WITHIN GUARANTEE:
All products carry a minimum 1 year guarantee with others having up to 10 years guarantee.
If you have an item that becomes faulty within the first 30 days of your ownership we will collect the item/s from your original delivery address at our expense. Please email returns@spearsmusic.co.uk and enclose your name, order number, the serial number of your product along with a short video that demonstrates the fault.
If you have an item that becomes faulty after the first 30 days the customer will be responsible for the collection/delivery costs. However we are able to arrange the service, costs are dependent on the size/weight of the item/s as per below:
• Guitar/Digital Drums boxed in appropriate packaging under 20Kg £60
• Digital & Acoustic Drums/Amps boxed in appropriate packaging 20-40Kg £85
• Digital & Acoustic Drums/PA/Amps boxed in appropriate packaging over 40Kg £100
• Any other items boxed in appropriate packaging under 20Kg £50
The above charges are for collections from UK mainland postcodes, additional surcharges can apply to collections from postcodes outside UK mainland. Please enquire for more details before committing to your purchase.
This warranty excludes items that have become defective due to misuse, accidental damage or any reason other than manufacturing fault. If an item is found to be without fault on its return to Spears, then we will return the item to you, but you will be responsible for the re-delivery charge.
LIABILITY
The Company cannot be liable for loss of business or income due to shipment delays under any circumstances. Whilst we make every effort to ensure that goods supplied correspond to in every respect with the specification or description provided as the case may be, we cannot be responsible for minor variations in specification, and no such minor variation shall be the subject of any claim against the Company.
FINANCE
V12 Classic Credit and Interest Free Finance options are provided by V12 Retail Finance, which is owned by Secure Trust Bank PLC. Registered in England and Wales 541132. Registered Office Yorke House Arleston Way, Solihull B90 4LH. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
Spears acts as a credit broker and only offers credit products from Secure Trust Bank PLC trading as V12 Retail Finance.
Secure Trust Bank is registered in England and Wales 541132. Registered office: One Arleston Way, Solihull, B90 4LH. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registration number: 204550.
Spears is registered in England and Wales 01405070. Registered office: Spears Head Office Unit 18 Centurion Industrial Estate Leyland Lancashire PR25 4GU. Spears is authorised and regulated by the Financial Conduct Authority. Our registration number is 673065
EXTENDED GUARANTEE TERMS & CONDITIONS
1. Extended guarantees will cover any mechanical or electronic breakdown or malfunction due to poor workmanship, inferior quality parts or components.
2. It covers both parts and labour during the guarantee period
They will not cover:
1. Any cosmetic damage of your product due to normal wear & tear. 2. Any fault or failure due to misuse or accidental damage. 3. Any failure of a part that would normally require renewal during the extended guarantee period.
In the event of a dispute arising, an independent expert will be called at the expense of the policy holder and in agreement with Spears. If it is deemed that the repair is required due to any of the areas covered, Spears will pay for the expert and the subsequent repair or replacement. Purchasing more than one product: If more than one product is purchased on the same transaction, then a guarantee to cover all products should be purchased.
CUSTOMER COMPLAINTS
In the event of the customer needing to make a complaint, firstly they should call or email customerservice@spearsmusic.co.uk or alternatively use the online form within our contact us page on Spearsmusic.co.uk. Whether or not the complaint has been resolved, the complaint information will be passed to the customer service manager within one week. On receiving the complaint, the customer service manager records it in the complaints log. In the event it has not already been resolved, they delegate an appropriate person to investigate and to take appropriate action. If the complaint relates to a specific person, they should be informed and given a fair opportunity to respond. Complaints should be acknowledged by the person handling the complaint within 3 working days.
The acknowledgement should say who is dealing with the complaint and when the person complaining can expect a reply. Ideally complainants should receive a definitive reply within 2 weeks. If this is not possible because for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given. Whether the complaint is justified or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint. If the complainant feels that the problem has not been satisfactorily resolved at stage one, they can request that the complaint is reviewed at Managing Director level. At this stage, the complaint will be passed to the managing director. The request for managing director level review should be acknowledged within a week of receiving it. The acknowledgement should say who will deal with the case and when the complainant can expect a reply.
