Terms & Conditions for Online Sale of Products

Effective 1st January 2019.

1. ABOUT THESE TERMS

  1. These Terms and Conditions of Sale apply to any order you place online on our website www.shop.korg.co.uk.

  2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will supply products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.

  3. For our Privacy Policy click here

2. INFORMATION ABOUT US AND HOW TO CONTACT US

KORG UK is a Limited Company, registered in England & Wales, company number 02355914

The registered address is at: 1 Harrison Close, Knowlhill, Milton Keynes. MK5 8PA

VAT number GB 505 4713 67

How to contact us: Please see our Contact Us page.


3. OUR PRODUCTS

  1. Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

  2. Product packaging may vary. The packaging of the product may vary from that shown on the images on the Website.

  3. Changes to the products. We may change the product:

  1. to reflect changes in relevant laws and regulatory requirements; and

  2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.


4. PLACING AN ORDER

  1. To place an order, you can open an account with us which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout. Please see our Privacy and Cookie Policy for more information on how your personal information will be used.

You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.

When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information.

  1. When you order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. We will not store any details you provide via the guest checkout (other than to process your order, or if you have opted in to receive marketing from us). However, you can choose to register an account with us after submitting your order. Please see our Privacy Policy to see how your personal information will be used and stored.

  2. Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).

5. ACCEPTING YOUR ORDER

  1. Our acceptance of your order will take place when we email you to accept it, completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we despatch the product(s) or on commencement of the services that you ordered from us.

  2. Prior to despatch of the product(s), KORG has the right to decline an order for any reason, including legal and regulatory reasons. 

  3. The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.

  4. If we cannot supply you with the product or service you ordered, we will not process your order, inform you by email and, if you have already paid for the product or service, refund you in full as soon as reasonably possible. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

6. PRICE AND PAYMENT

  1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

  2. We will pass on changes in the rate of VAT. The price of a product includes VAT (where applicable) at the current rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

  3. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated on the Website, we will contact you for your instructions before we accept your order.

  4. When you must pay and how you must pay. Payment for all products must be made using the payment facilities available through our Website and you can only pay for products using the debit cards or credit cards indicated on the Website. We will charge your credit or debit card when you confirm payment at checkout, prior to despatch.

  5. Using Promotion Codes

    1. Only one Promotion Code can be used against an order.

    2. If the code is not entered when submitting the order any applicable discount cannot be applied retrospectively.

    3. We reserve the right to change or end the promotion at any time without prior notice. We also reserve the right to change or remove any products normally available in a promotion at any time without prior notice.

    4. Promotion Codes cannot be used when placing an order via the telephone.

  6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.

  7. Currency: Please note that where a currency conversion is shown for an item, this is purely an indication of the item's price in the selected currency. All transactions will be charged in Sterling (if ordering using a payment card issued outside of the UK, be aware that the currency conversion will depend on the exchange rate and that your card issuer may charge a fee for processing the payment).

7. DELIVERY

  1. Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. 

  2. When will we deliver your product? We will deliver the product to you as soon as reasonably possible and in any event within 30 days after the date on which we send you the order confirmation email (unless we agree a longer period of time with you).

  3. Delivery will only be made to the UK address specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot.

  4. We are not responsible for delays outside our control. We are under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control. If delivery of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to cancel your contract and receive a refund for any products you have paid for but not received. An “event outside our control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  5. When you become responsible for the product. Delivery will be completed when we deliver the products to the address you provided. When paying by credit or debit card, we will only deliver to an address already registered with your card issuer, usually the card statement address. The product will be your responsibility from the time we deliver the product to the relevant address.

  6. Ownership of the product. Subject to us accepting your order in accordance with clause 3.1, you own a product once we have received payment in full.

  7. Delivery outside of the UK.

    • We are unable to deliver some products either outside the UK or outside the EEC. Where possible, this information is provided on the relevant product page.
    • If you order products for delivery to a destination outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes to the relevant body in that destination. Please contact your local customs office for further information before placing your order.

  1. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
  2. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

    • deal with technical problems or make minor technical changes;
  1. update the product to reflect changes in relevant laws and regulatory requirements; or
  2. make changes to the product as requested by you or notified by us to you (see clause 5).

  3. Your rights if we suspend the supply of products. You may cancel the contract within 14 days of us informing you we are suspending supply of that product, or give advance notice that we intend to suspend supply. When you end the contract in these circumstances, we will refund any sums you have paid in advance for the product.

8. YOUR RIGHT TO CANCEL

  1. Your statutory rights to cancel your contract with us. Within 30 days of delivery you may exercise the right to a refund if the product you purchased was not of satisfactory quality, fit for purpose or as described. After the 30 day period, but within six months of the date of delivery and where the product is faulty, you are entitled to a repair or replacement or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. After six months of the date of delivery, similar rights exist, but only if you can prove that the fault was present at the point of delivery.

  2. If you purchased your product online, you have the right to cancel (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 all or part of your contract at any time up to 14 calendar days after the day on which you receive the product. This statutory right is separate from our goodwill policy.

  3. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address below. Please note that the delivery charge refund will be to the value of standard delivery

  4. If you wish to cancel (or are considering cancelling) a product you have ordered from us, please be aware that statutory rights of cancellation under the Regulations do not apply to certain products and services (for example, harmonicas, headphones, microphones, wearables or any products with a hygiene seal where the seal is broken).

  5. Damaged or incorrectly supplied products. You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage, or error in supply on the delivery documentation or, if you are unable to view the items on receipt, you must inform us (by phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. We may offer you a replacement product and any refunds given by us will be made to the debit/credit card provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.

  6. Products lost or damaged in transit. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

  7. If we miss the delivery deadline. You may exercise your right to cancelfor any products then you may treat the contract as at an end straight away if any of the following apply:

    1. we have refused to deliver the products; or

    2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances).

  8. Your legal rights if we deliver late. If you do choose to cancel the contract for reason of late delivery, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products, unless splitting them would significantly reduce their value. We will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them.

  9. Setting a new deadline for delivery. If you do not wish to cancel the contract straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

  10. If we are not at fault and there is no right to change your mind. If you do not have any other rights to cancel the contract, you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. EXERCISING YOUR RIGHT TO CANCEL

  1. To exercise your right to cancel, you must inform us of your decision to cancel the contract by email within 14 calendar days after the day on which you receive the goods or services you ordered. You must do this by completing a Returns form which can be found under the Returns section of our website.

  2. You must take reasonable care of the goods while in your possession. You must send back any goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to us.

  3. Products should be returned in or with their original packaging. You will be liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods.

  4. Collection charges. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. Please see our Delivery and Returns Policy for further information.

  5. Refunds. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

  6. We may reduce the amount we refund (excluding delivery costs) to reflect any reduction in the value of the product (as in III above), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

  7. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

  8. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, the refund will be made within 14 days from the day on which we receive the product back from you and following our inspection.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

  2. When we are liable for damage to your property. If we access your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property.

  3. We are not liable for business losses. We only supply the products for domestic and private use unless we otherwise agree with you prior to the contract being entered into. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  4. We do not exclude our liability for any matters in respect of which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability: We do not in any way exclude or limit our liability for:

    • death or personal injury caused by our negligence;
    • fraud or fraudulent misrepresentation; or
    • any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.


11. OUR RIGHT TO VARY THESE TERMS

  1. We amend these terms from time to time. Please look at the top of this page to see when these terms were last updated.

  2. Every time you order products from us, the terms in force at the time of your order will apply to the contract between you and us.

  3. We may revise these terms as they apply to your order from time to time to reflect the following circumstances:

    • changes in relevant laws and regulatory requirement; and
    • changes to our processes and procedures.

  1. If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid.

12. OTHER IMPORTANT TERMS

  1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms.

  2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  3. Nobody else has any rights under this contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

  4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and the English courts have non-exclusive jurisdiction over any legal proceedings relating to the contract. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.


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