Terms & Conditions
These conditions were last edited in: March 2022.
- These terms and conditions, together with the details set out overleaf, are intended to contain all the terms of the Agreement between us (the “Seller”) and you (the “Purchaser”) relating to the sale and purchase of instrument or accessories described overleaf (the “Goods”) which we will supply to you in accordance with the terms of this agreement. If you wish to rely on any amendment or addition to this Agreement you should ensure it is confirmed in writing by one of our duly authorised representatives.
- You must provide us with any information we need from you in order to comply with money laundering regulations and legislation, and you guarantee the accuracy of the information supplied.
- This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
- The Purchase Price is the price for the Goods set out overleaf, including (where applicable) accessories, delivery costs, and VAT current at the date of order. If the rate or amount of VAT changes or there are any tariffs or other taxes imposed, in each case whether between the date of order and the date of delivery or otherwise, you must pay all such sums as notified by us to you and/or current at the date of delivery.
- If the manufacturer or the importer or other supplier of the Goods changes the recommended price after you have ordered them but before delivery, we will notify you of any revision we propose to make to the Purchase Price, or a decrease which is less than the decrease in recommended price, you may given notice in writing within 14 days after such notice cancelling this Agreement, in which case Clause 14 shall apply. If we do not receive notice of cancellation within this period, the Purchase Price shown on this Agreement will be amended as proposed and you agree to pay the amended Purchase Price in accordance with Clause 12.
PART EXCHANGE INSTRUMENT(S)
- If we agree to accept a Part-Exchange Instrument(s) as an agreed value in part payment of the Purchase Price, we shall only be bound to do so if the Part Exchange Instrument is a) free from any purchase agreements, charges or encumbrances (together “Encumbrances”) which you did not disclose to us before the date of order; b) prepared for collection or delivered to us before we deliver the Goods to you; and c) in the same condition (subject only to fair wear and tear) on delivery to us as you have represented it to us or (where applicable) as it was when we examined it before agreeing the Part Exchange Allowance including on any images. If you fail to satisfy any of the above conditions, we will not be obliged to accept the Part Exchange Instrument or allow the Part Exchange Allowance against the Purchase Price and you will be required to pay the full Purchase Price under this agreement.
- If the payment required to release the Part Exchange Instrument absolutely from any Encumbrances is greater than the amount you disclosed to us before the date of order, or if the Part Exchange Instrument(s) is received in a worse condition than represented or provided in any images, we may nevertheless in our absolute discretion agree with you a reduced Part Exchange Allowance and accept the Part Exchange Instrument(s)
DELIVERY AND PAYMENT
- Unless otherwise agreed, we will deliver the Goods to the ground floor of the address specified in your Order Confirmation. A floor is specified as five (5) steps or more from where the delivery vehicle will park to the final location of the instrument(s). Failure to notify us of stairs or other delivery restrictions such as tight corners at the delivery address could result in a failed delivery which may result in additional charges. Whilst we endeavour to deliver the Goods by any estimated delivery date, we will not be liable for any claim or compensation of any description arising out of a delay in delivery due to reasons beyond our reasonable control. In the event of such a delay, we will contact you to agree an alternative delivery date.
- If we fail to deliver the Goods within 42 days of the estimated delivery date, you may give us notice requiring delivery. If we fail to deliver within 28 days of receipt of such notice, you may give us notice cancelling the Agreement and Clause 14 will apply.
- We may give you notice cancelling the Agreement at any time before delivery if the manufacturer ceases to make the model or specification of Goods you have ordered, or if we are unable to obtain them from the importer or other supplier, and clause 14 will apply.
- If we are unable to supply an accessory or equipment (factory fitted or otherwise) you have ordered, we will contact you and offer at your option either to substitute to a reasonable equivalent or to delete the accessory or equipment from this agreement and adjust the purchase price accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory or equipment (where it does not constitute the main characteristics of the Goods) and shall not be entitled to cancel the Agreement.
- We will inform you when the Goods are ready for delivery or collection, and you must pay the Purchase Price (less any deposit and/or Part Exchange Allowance) and take delivery within 14 days of being so informed. Unless otherwise agreed by us in writing all payments must be made by debit card, credit card, or by electronic funds transfer to our nominated bank account. If we agree in our absolute discretion to accept any payment by personal cheque, building society cheque or banker’s draft, this must be received not less than 8 banking days before the proposed delivery date of the Goods to ensure that we receive cleared funds before delivery. We do not accept payment in case (whether by hand or paid into our account over the counter at any bank) over £5,000 whether paid as one payment or as several smaller payments amounting to over £5,000 in the same transaction or within any 3 month period. If you fail to pay the Purchase Price and take delivery within 28 days of being informed of the Goods being ready for delivery, we may give you notice cancelling the Agreement and clause 15 shall apply.
- You confirm and agree that you do not intend to and will not resell the Goods anywhere in the world for commercial gain within 6 months of delivery. You also confirm that: you are resident or your place of business (as applicable) is in the UK or the European Economic Area (“EEA”). If you breach any confirmation or agreement set out in this clause, we may cancel the Agreement under clause 15 and/or we will be entitled to claim from you the reasonable charges and other direct losses we properly incur under any agreement we have with the manufacturer and/or importer of the Goods as a direct result of your breach.
EFFECT OF CANCELLATION
- If we cancel the Agreement pursuant to clause 10, or if you cancel the agreement pursuant to clause 5 or 9, we will refund your deposit and, provided the cancellation was due to circumstances beyond our reasonable control, neither party shall have any further liability to either party.
- If we cancel the agreement pursuant to clause 12 or 13 or if you cancel the Agreement for any other reason than clause 5 or 9, we will endeavour to sell the Instrument to another person. If it is not sold within a reasonable time we may sell it at auction. Within 7 days of the date of sale, we will give you a statement showing the sales price and any additional costs we have incurred in selling the Instrument and will refund the balance of your deposit, if any, after deducting the amount we have lost (i.e. any reduction in the sales price and additional costs of resale). If our loss is greater than your deposit, you must pay us the difference within 7 days. We will provide copies of any receipts if you request them.
TRANSFER OF OWNERSHIP AND RISK
- The Goods will continue to belong to us until the total Purchase Price has been paid in full. You will, however, be responsible for any loss or damage from when they are delivered to you and should insure accordingly. A cheque will not be treated as payment until it has been cleared. Ownership of the Part Exchange Instrument will transfer to us the earliest of once you take delivery of the Goods or once the Part Exchange has been delivered to our nominated location.
- If the Goods are new, we undertake that any pre-delivery work specified by the manufacturer will be carried out and the Goods will be sold with the benefit of the manufacturer’s warranty. The manufacturer’s warranty is provided directly by the manufacturer or importer and any warranty provided by Millers Music is provided directly by the company. It is additional to your legal rights. The terms and conditions of any extended warranty shall apply as described in the information given or made available to you.
- Except you are buying as a consumer, and except for fraud or for death or personal injury result from our own negligence, we limit our liability for any breach of this Agreement to the amount of the Purchase Price and expressly exclude all liability in relation to the implied terms of satisfactory quality or fitness for purpose of loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
- If you owe us money which is outstanding for any Goods, and we also owe you money, then we have the right to off-set the money you owe us against the money that we owe you, and just pay you the net amount.
- Any notice given under this Agreement must be in writing and sent by email or by post (we recommend recorded delivery) to the address of the showroom (if a notice to us from you) or to your address (if a notice to you from us) as set out overleaf, and shall be deemed to have been received in due course of post.
DISTANCE SALES AND OFF-PREMISES SALES - CANCELLATION
- If this agreement has been completed either without any face to face contact between us and you (or anyone acting on your respective behalf) or away from our business premises, and in each such case you are also acting as a consumer, you may give us notice to cancel this Agreement without giving any reason. This cancellation period will expire 14 days after the day on which you, or a third part on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post or email) to the showroom, contact details of which are set out in the Order Confirmation. You may use the model cancellation form available from our website if you wish. To meet the cancellation deadline, you should send your communication confirming your exercise of the right to cancel before the cancellation period has expired. If you cancel this Agreement, and subject to the other provisions of clause 21, we will reimburse to you all payments received from you under this Agreement, without undue delay and not later than: -
- 14 days after the day on which we receive the Goods back, or (if earlier)
- 14 days after the day you provide evidence that you have returned the Goods; or
- If there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement
We may make a deduction from the reimbursement for loss in value of the Goods, if the loss is the result of unnecessary handling by you. We will make reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise in writing, but in any event you will not incur any fees are a result of the reimbursement.
We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent the Goods back to us, whichever is the earliest. You should send back the Goods or deliver them back to us at the address of the showroom unless we instruct you in writing to return the Goods to another location and without undue delay and in any event not later than 14 days after the day in which you communicate your cancellation of this Agreement to us. This deadline is met if you send back the Goods before the period of 14 days has expired. We will require that you bear the cost of delivery and returning the Goods to us and any labour in preparing the instrument to be delivered. You must take reasonable care of the Goods and you will be responsible for any loss or damage from when they are delivered to you until when they are returned to us. You are liable for any diminished value of the Goods resulting from the handling of the Goods other that what is necessary to establish the nature, characteristics, and functioning of the Goods. The rights of cancellation in this clause 21 do not apply where the Goods have been built to your customised specification or have been personalised for you. Where you have part exchanged an instrument to us as part of any transaction to which this clause 21 applies, and we agree to return the part exchanged instrument(s) to you as part of any reimbursement properly due to you under this clause 21, you will pay us all reasonable costs that we may have incurred in relation to the preparation, maintenance, repair or improvement of the part exchanged instrument since you part exchanged it to us. Should we have sold the instrument already then we will reimburse you for the nominal value agreed for the transaction.
COMPLAINTS AND DISPUTES
- If we receive a complaint from you, we will follow our complaints handling procedure which can be found on our website and is available on request. Financial services complaints we cannot settle may be referred to the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 0234567 or 0300 1239123 or you can visit their website at www.financial-ombudsman.org.uk email them at firstname.lastname@example.org or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR. Whilst acting as a consumer, if a non-financial services related dispute arises that cannot be resolved between us with a reasonable timescale, you may refer the dispute to your local Trading Standards.
- We may use the personal data you give us to tell you about our products and services by post, telephone, SMS or email, for market research purposes and to track sales. Further details on our processing of personal data can be found in our Privacy Notice. You can obtain a copy of our Privacy Notice by request or on our website at
References to Millers Music, Millers, Millers Music Centre, Millers Pianos refers to Millers Music Centre Ltd.