See also Returns Policy
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you will not be able to buy any products from us.
For information on our Returns Policy look at the page “Returns Policy for Customers” on the store.powermusicsoftware.com website.
1.1 “Power Music Software” means Power Music Software Ltd, 16 McLaren Grove, East Kilbride, G74 4SR.
1.2 “Price” means the price paid by the Customer for the Product excluding carriage.
1.3 “Order Confirmation” means the acknowledgement of the Customer´s order sent to the Customer by Power Music Software.
1.4 “Dispatch Email” means the email sent to the Customer to confirm their order is accepted and the goods dispatched.
1.5 “Product” means any computer components or other goods supplied to the Customer by Power Music Software.
Ordering and Payment
2.1 There is no VAT on the prices on our website.
2.2 After placing an order, Power Music Software will send an Order Confirmation to you. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product. All orders are subject to acceptance and we will confirm such acceptance by sending an email to you confirming our acceptance of your order and dispatch. The contract between us will be formed when we send the Dispatch Email.
2.3 The contract will relate only to those Products in the Dispatch Email. We cannot be obliged to supply any Products which may have been part of your order but have not yet been confirmed by the Dispatch Email.
2.4 All descriptions, photographs and advertising are solely to provide an idea of the products they describe. While we take every care with our descriptions, errors may occur, and are excepted from the contract if very minor. Images are for illustrative purposes only.
2.5 Payment can be made by credit or debit card or PayPal. We cannot dispatch any Products until we have cleared funds. If you are using PayPal as your payment method we reserve the right not to ship to unconfirmed addresses.
2.6 If payment is made by credit or debit card, we reserve the right to make delivery to the statement address of the cardholder.
2.7 While we try and ensure all prices on our website are accurate, errors may very occasionally occur. If we do discover an error in the price of a Product ordered before dispatch we will inform you as soon as possible and give the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled under this clause and you have already paid for the Product, you will receive a full refund.
2.8 If the pricing error is obvious and could have reasonably been recognised as a mis-pricing, we will be under no obligation to provide the Product.
3.1 In accordance with the Consumer Contracts Regulations, you may cancel your purchase at any time within 14 days of receipt and we will give you a refund in accordance with our Returns Policy. Some items are not covered by this clause; please refer to our Returns Policy for further details. You must inform Power Music Software in writing and return the Products to us immediately in the same condition you received them, at your own cost and risk. We recommend you return via recorded delivery (Signed for) as we cannot be liable for goods damaged or lost in transit to us.
3.2 If a Product is faulty or delivered in error then please refer to our Returns Policy.
3.3 If you wish to return Products not covered by clause 3.1 or 3.2 above then such Products will be accepted at the discretion of Power Music Software You must contact Power Music Software before returning the goods. You will be credited with the current market price. See Returns Policy for details.
4.1 Any delivery date stated is a warranty by Power Music Software to use reasonable endeavours to effect delivery by that date. No liability will be accepted by Power Music Software for failure to meet a stated delivery date. If a product is delivered to you in error and is not what you ordered, then you must contact Power Music Software who will arrange for collection, and for the correct product to be delivered (if applicable).
4.2 Products supplied by Power Music Software are delivered at the risk of Power Music Software. Customers must make a claim for damage or loss of the goods in writing.
5.1 If within 12 months of being delivered a defect in any Product is discovered which is directly due to faulty goods or workmanship, then Power Music Software shall at its option repair or replace the Product free of charge for labour and materials. If a Product is found to be faulty within 30 days then you have the option to a refund for the faulty product.
5.2 You should return the Product in its original packaging to Power Music Software at the address above. Prior authorisation must be obtained for any returns by contacting Power Music Software. The Customer must back up all data as we cannot guarantee your data during repairs or testing.
5.3 All Products other than Custom Build MusicOne and Bundles are sold as individual components. All returns must comprise of only the defective Product.
5.4 If any item is returned which is found not to be faulty by our technicians, then a charge will be made for return carriage insurance and administration.
5.5 This clause does not affect your statutory rights.
Limitation of Liability
6.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
6.2 You accept that any Products purchased which are listed as Clearance, B-Stock or Ex-demo have a warranty of 90 days unless otherwise stated on the item description.
6.3 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.
6.4 We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to – loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data.
Uncontrollable Events and Delays
7.1 In case of delays caused by circumstances beyond the control of Power Music Software or its suppliers, Power Music Software shall have the right to either suspend delivery or to cancel the contract without liability.
7.2 Examples of Uncontrollable Events are (by way of example and not limited to) natural disasters, flood, strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.
8.1 If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
8.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
9.1 You are responsible for your own choice of Product and the suitability for any particular purpose. You must ensure that any Products are compatible.
9.2 Images are for illustration purposes only.
9.3 Specifications are correct as per manufacturer information.
We will rely on these terms and conditions and any documents referred to in them in relation to any contract between us. Please make sure any variations to there are confirmed in writing by a director.
11.1 If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected
11.2 Contracts for the purchase of Products and any dispute or claim arising therefrom are subject to the jurisdiction of the courts in Scotland.
Variation of Terms and Conditions
From time to time we may need to update these terms and conditions to reflect changes in legislation, the marketplace or company policy. The contract will be subject to those terms and conditions in force at the time of the formation of the contact – ie on the date of the Dispatch Email.