MusicWorks Website Terms & Conditions
• An overview of MusicWorks' Website Terms and Conditions.
MusicWorks Limited Website Information and Terms & Conditions of Use
Terms of Use
This Music Works Limited Shopping site at MusicWorks.co.nz (website and includes references to “(s)ite”) is a shopping website where you can browse, select and order products from Music Works Limited (MusicWorks) and includes references to "us" or "we" or “our”.
Customers includes references to “you” or “your” or “yours”.
Your access to and use of the site, including your order of products through the site, is governed by these terms and conditions.
You agree to be bound by, and comply with, these terms and conditions of use. In addition if you agree to purchase any products through this site then you agree to be bound by our Terms and Conditions of Trade for Retail Sales, and which are deemed to be included in and form part of these terms of use, unless they are in conflict with these terms and conditions of use, in which case these terms and conditions of use will prevail.
The information on this site is up to date at the time it is posted, but we reserve the right to change it from time to time.
While we provide the information on this site in good faith, we accept no responsibility for accuracy, completeness, suitability for your intended use or the timeliness of the information.
You agree to comply with all relevant laws relating to your use of the site and your placement of any order through the site.
Pricing
The price shall be shown on the MusicWorks Invoice and is the price that we will sell to you. The price of products on this website is indicative only.
Prices quoted are inclusive of Goods and Service Tax (G.S.T) and are in New Zealand Dollars.
Our prices are continually updated on the Website from our internal Inventory control system. Therefore it is unlikely that a pricing disparity can occur however please feel free to query any information by using the Contact Us page on our Website.
Some items may be discounted as part of our on going monthly specials, these may include end of line product, or in some cases demo stock or floor stock. Where possible this will be noted on the information relating to that stock item.
Availability of Products
We have three product availability references:
-
“In Stock” - this means that the product should be available ex warehouse.
-
“Floor Stock” – this indicates stock that is currently on display in one of the stores. These goods may still be in cartons and unopened, but in all likelihood are shop display units. They come with the full warranty and complete with all manuals and documents. In some cases floor stock product will not have original factory cartons and in this case there might be some delays in getting the goods to your location.
-
“Enquire for Availability” - This either indicates that we are out of stock of this product and awaiting shipment or that the stock is no longer a current item. In this case press the “Click to Order” button and you will be sent to an additional page where you can make an enquiry re the product and a customer service representative will endeavour to answer your query within two working days.
Not all products shown on the Website are available all of the time. The site has been designed as much as an information site as it is a shopping site. Some products especially “high end” products may need to ordered from the manufacturer and this can take some time depending on the product ordered and the location of the manufacturer.
If we determine that we do not have a particular product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant product ("Back Ordered Products"). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date via email. A decision can then be made by you the customer on whether to proceed with the purchase.
Placing an order for Products
You may order products by selecting and submitting your order through the site in accordance with these terms and conditions.
Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
You agree to provide us with current, complete and accurate details when asked to do so by the site.
Acceptance or rejection of an order
When you submit an order to us, you are making an offer to buy those products in accordance with these terms and in accordance with our then current retail terms of trade. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently.
Any given product that is on special price as part of an online MusicWorks promotion or sale cannot be purchased at the special price within the given sale period if it is out of stock. No rainchecks.
Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:
i. supply the products in that order to you in accordance with these terms and conditions; and
ii. provide you with an email confirmation of that order.
If we reject an order placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Purchasing and Payment
On line purchases may be made by credit card only. If you wish to arrange alternative payment such as Direct Debit then please use the contact us to arrange.
Goods paid for by Direct Debit will be dispatched on the clearance of funds into our account.
All Credit Card Sales are New Zealand only. Overseas ordering must be arranged on a case by case basis due to freight issues. Please give full contact details when ordering.
All online credit card sales are approved by our secure credit card system provider (DPS). An online approval is the first step in a two step process. Once the first details of the transaction are completed and the goods are shipped, the sale is then completed by a MusicWorks staff member.
All orders received that are over $100 may be confirmed, so a relevant contact number and / or email address must be supplied. This is to avoid the possibility that a credit card number has been obtained without the owner’s knowledge or consent.
We will attempt to dispatch all orders within three working days from the receipt of order, stocking levels permitting. You will be notified of any potential delays at the earliest possible time.
Click and Collect
MusicWorks stock a huge range of products online. Unfortunately, we don’t have the capacity to carry every available item in every store.
We do not offer same day Click & Collect. If you need your items urgently, you can shop directly in store. To check stock availability, contact your local MusicWorks branch.
All Click & Collect orders include a shipping fee to courier your item/s to your nominated collection location. If your order is already in-stock at your nominated branch, we will refund your shipping fee.
We will notify you if your item is in stock after we process your order. Refunds are credited to the same account the items were purchased using. This includes orders purchased via Genoapay and Gem Visa.
Overseas Orders
All credit card sales are New Zealand only. Overseas ordering must be arranged on a case by case basis due to freight issues. Please give full contact details when ordering.
If the goods ship outside of New Zealand, GST will not apply, saving you 15% on the advertised price.
Freight costs will be quoted by enquiry only. You must contact us to arrange payment and delivery.
Unfortunately, we are unable to accept credit card payments or offer finance options to international customers. Payment for goods must be made by Telegraphic Transfer.
Some products may not be available to overseas customers due to manufacturers’ distributor agreements.
Cancelling Orders
You may cancel an order which has not yet been shipped. If you wish to do so please contact us immediately.
Refunds and Returns
If you have made a payment in error, you should contact us within 2 business days explaining the reasons for your payment error. Music Works will investigate the claim within 5 business days and refund all or part of your payment if it is determined to our satisfaction that it was a genuine payment error.
In order to return any product to us you must first apply for a “Return Authorisation Number” from our website. Please fill out our “Return Authorisation Request Form” on our website and a company representative will contact you to discuss the reason for the return and issue where appropriate a Return Authorisation Number. We will not accept any product back into our warehouse that does not have a legitimate return authorisation number. Do not dispatch the goods back to us with out this number because we will not be able to confirm whether it arrives or why it is coming back, and if we can’t do that, then we will be unable to issue a credit for the product.
Goods returned must be in original packaging and in the same saleable condition. Damaged or used product will not be accepted for credit.
We do not have to provide a refund if you have changed your mind about a particular purchase, so choose carefully.
If the goods are faulty, we will meet our obligations under the Consumers Guarantee Act to provide a solution.
MusicWorks can not accept cancellation for product that has to be imported specially at the customer’s request. A deposit may be required at the time of order, and these products can only be returned if the product is faulty or does not conform to the product specifications.
Proof of purchase with all returns must be provided before a credit can proceed under our terms and conditions.
All website purchased returns, please contact web@musicworks.co.nz for futher details.
Freight and Delivery
Freight can be expensive. Appropriate freight will be added to all orders, where a freight amount has been selected and this differs from the correct freight cost then Music Works will advise the customer before delivery of the product is made.
We will endevour to process your web order within 2 working days. Shipping normally can take up to 7 working days depending on delivery location.
If there is a refund on the freight charge, it will be issued to you where appropriate.
Some products ordered through the Website (i.e Piano and Clavinova) will be required to be installed by a local Music Works dealer rather than being freighted directly from our warehouse. To ensure that the product is assembled and set up correctly, your order will be forwarded to the nearest Music Works dealer who will contact you to arrange a convenient time to install the product.
Depending on the location there may be a freight component with the delivery but this will be discussed and agreed before the delivery takes place.
We will only deliver products ordered through the site to a location where we provide delivery services.
You may obtain further information on the site about our delivery timeframes and how we deliver certain products. The delivery fee for your order depends on the type of product you order (in particular, the size and weight of the product).
You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site.
We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
We may require the person accepting the delivery of your order to provide us with proof of that person's identity (including photographic identification). If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
You acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order.
Please inspect your order when it arrives by courier. In the unlikely event that an item arrives damaged on delivery, then you should refuse to take receipt of that product and notify us immediately through our contact us link on the Website.
If you notice damage to a product after delivery, you should notify us immediately. Please keep the original packaging if we need to organize a claim against the freight company. Freight companies only consider freight claims lodged within seven days of delivery. If you do not contact us within seven days, a claim can not be made. Please refer to our returns policy below for further information on how to return product.
Disclaimer
The information on this Website is subject to change without notice. Due to the large scale of our business and whilst every effort has been made to ensure the site’s accuracy, Music Works will not be liable for any inaccuracies in the information contained herein, except where provided for by the Consumers Guarantees Act.
Web links are provided for your convenience only, Music Works cannot provide support for information located via external web links. Product information and pricing located via the external web links may not apply to products available for purchase in New Zealand.
We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content, or accessed, through this website. We reserve the right to make changes at any time and without notice to you, to any element of this website.
Secure Data
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email
Damage to computer system
We will not be liable to you or anyone else if interference with or damage to your computer systems occurs in connection with or during your access and/or use of this Website or a Linked Website.
You must take your own precautions to ensure that this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the computer system(s) with which you have accessed this Website.
We do not warrant that your access to the Website will be uninterrupted or error free or that any defects will be corrected
Copyright and Trade Marks
We are either the owner or the licensed user of the copyright in the material on this site. All trademarks used on this site belong to us or the registered owner of such marks.
You may not copy, reproduce, modify, download, post, transmit or distribute the material in this site in any way, other than a single copy for private and non-commercial use.
Severability
If any provisions of these terms and conditions is unlawful, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
New Zealand Only
Sections of this site have been designed and developed for a service within New Zealand and are not intended for use by visitors outside of New Zealand.
If you access this site from outside New Zealand you are responsible for compliance with your local laws, if and to the extent that such local laws apply.
The Courts of New Zealand shall have exclusive jurisdiction in relation to all visits to this site.
Complaints
If you have a complaint about the content of this website, please contact MusicWorks.
Acceptance of Terms and Conditions
You acknowledge that you have read, understood and accept the above terms and conditions and our disclaimer.
