The following terms apply to online and distance selling purchases only.
1.1 – This website is owned and operated by The Auden Musical Instrument Co. Ltd, a company registered in England at 11A Lancaster Street, Higham Ferrers, Northamptonshire, NN10 8HY.
Company Registration Number: 8521356
VAT Registration Number: 167565766
These terms and conditions apply to all users of this website/service (henceforth referred as “you”), and are upheld at all times by The Auden Musical Instrument Co. Ltd (henceforth referred as “we”). By using this website you agree to the terms as set out in this document, if you do not agree to any of these terms, please do not use this website.
Head Office address:
37 York Road
Sales Enquiries: firstname.lastname@example.org
Sales: 01933 391234
1.2 – All goods and services are sold in accordance with the EU Consumer Rights Directive (2011/83/eu). The purpose of this directive is to ensure that the consumer is given clear and accurate information about the goods and services supplied by the retailer to help give consumers confidence when buying online. Note: Goods and Services sold prior to the 13th June 2014 where sold in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334).
1.3 – Use of this website constitutes acceptance of the terms and conditions laid out on this page. The Auden Musical Instrument Co. Ltd. reserves the right to amend these terms at any time, without warning. All changes will be made current on this page.
Last Updated: 8th September 2014 17:00 GMT
2. Purchase of Goods
2.1 – All orders made by you through www.audenguitars.com are subject to acceptance by us. In the circumstance we refuse your order, we cannot be held liable to any party.
2.2 – After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an automated acknowledgement and is not an acceptance of your order.
2.3 – Order acceptance and the completion of the contract between you the customer and The Auden Musical Instrument Co. Ltd will take place at the point of order dispatch, unless we have notified you otherwise, or you have cancelled your order in accordance with the terms set out in Section 4 – Cancellations & Returns.
If we do not accept an order, a full refund will be processed.
2.4 – The following are examples of why we may refuse to accept an order:
2.4.1 – We cannot obtain authorisation from the bank or suspect fraud
2.4.2 – If there have been errors/issues with the description of the goods (Section 5)
2.4.3 – If goods are no longer available.
3. Delivery of Goods
3.1.1 – If you order an item that is in stock before 3pm on any business day (Mon-Fri) we endeavour to have that order sent out the same business day. This means that your order should be with you in less than 24 hours for mainland UK postcodes. This excludes Weekends, Public Holidays and Bank Holidays. The Auden Musical Instrument Co. Ltd reserve the right to amend delivery estimates at any point in the order process and any such changes will be notified in writing or verbal communication. In some cases, orders of excessive size, weight or value may take longer than the estimated time. We cannot be held responsible for delays in deliveries. The Auden Musical Instrument Co. Ltd will notify you of any such delays.
3.1.2 – In the event of any issue with your order, such as errors in the stock levels, or clerical errors in the order process, we will notify you of a new delivery date, or provide you with the option of an alternate date. We also may deliver some goods in several consignments but will not charge additional carriage for this. The Auden Musical Instrument Co. Ltd will not be liable to any party for items delivered outside the specified delivery estimates.
3.1.3 – All UK deliveries are normally dispatched using our express courier, DPD, using their premium next day delivery service. All non-domestic orders will be dispatched using our international courier, Fedex. Both methods are classified as an additional service agreement offered by The Auden Musical Instrument Co. Ltd at the following rates outlined in Section 3.2 and Section 3.3.
Delivery to an alternative Address
Orders to an alternative delivery address can be processed if the customer has been authenticated using 3D authentication (i.e. Verified by Visa, Mastercard, Maestro). The Auden Musical Instrument Co. Ltd reserves the right to deliver only to the cardholder’s billing address. Orders made by American Express can only be delivered to the Customer’s billing address, no exceptions will be made.
3.2 – Cost of delivery
3.2.1 – UK Mainland Customers:
The correct shipping charges will be automatically calculated on your shopping basket and additional shipping options can be selected on your shopping basket.
Customers are welcome to collect their purchases from Auden Guitars directly. Alternately delivery charges are listed below.
Standard Shipping Rates:
• £15.00 – Next day mainland UK delivery
• Free – Local pickup from Auden Guitars head office
3.2.2 – Customers who have selected the incorrect option or have been undercharged for extreme weight items may be contacted by The Auden Musical Instrument Co. Ltd for the additional shipping amount; at this time a full refund can be provided if the additional charges are not satisfactory. We also reserve the right to charge additional carriage costs if a consignment is returned to us due to refusal at your delivery address.
3.3 – Cost of returns
3.3.1 – If you change your mind, you can return your purchase, subject to [Section 4. Cancellation & Returns Policy] in its original condition within 14 days to us for a full refund (minus any costs incurred for the initial dispatching using our express courier [Section 3.2] and any costs incurred by The Auden Musical Instrument Co. Ltd for the returning of the order Section [3.3]). Please note that shipping discounts will be removed if your full return or partial return takes your order below the free delivery threshold (this only applies for items that have been sent).
If you would like The Auden Musical Instrument Co. Ltd to collect your order, our standard collection charges are shown below:
Standard Return Shipping Rates:
• £29.50 – Standard collection up to 25Kgs (an extra £0.50 applies per Kg there after)
• £34.99 – Scottish Highland collection (list of postcodes can be found in Section 3.5)
• £15.00 – Nothing to Collect Fee (see section 3.3.2)
UK Islands Return Rates (including Channel Islands, Isle of Man and Scottish Islands)
• £39.99 – Standard collection up to 25Kgs (an extra £0.50 applies per Kg there after)
Northern Ireland Return Rates:
• £39.99 – Standard collection up to 25Kgs (an extra £0.50 applies per Kg there after)
Orders which have received discounted shipping (for example, free next day shipping) will have to cover the initial express courier dispatching, normally £6.99.
3.3.2 – Nothing to Collect Charges
Please note that our courier charges us directly for every failed collection, as such, if we arrange a collection using our courier service and the collection fails because you are not at the property when our courier arrives (i.e. you are not there to hand over your goods at the prearranged address), you will be liable to pay a “Nothing to Collect Charge” on top of any other shipping costs outlined by our terms. Our “Nothing to Collect Charge” is currently £15.00 per failed collection.
3.4 – Damaged Goods
3.4.1 – All orders are pre-checked and are well packaged before dispatch. However, in the event of goods arriving damaged, any shipping damage must be reported within 24 hours of receipt. In this event, we will confirm the damage and if a claim is found valid, will collect the goods from you at no charge. A full replacement will be offered, or a full refund in the event that the goods are no longer in stock. We reserve the right to request additional photographic evidence in order to verify such claims.
3.4.2 – At the point of delivery, all goods become the responsibility of you the customer. From this point, you the Customer will be responsible for the safekeeping and correct use of all goods, The Auden Musical Instrument Co. Ltd will not be responsible for any damage or fault arising from incorrect storage or use. The validity and conditions of any refund/return will be affected by any damage considered to be caused through misuse or neglect.
We cannot be held responsible for damages caused by shipping or negligence if reported after 24 hours of the goods being delivered.
3.5 – Scottish Highland Postcodes
The following is a list of postcodes that are included in our definition of the Scottish Highlands:
• AB31 to 38, AB40 to 56
• IV1 to 28, IV30 to 32, IV36, IV40 to 49, IV51 to 56, IV63
• KA 27 & 28
• KW 1 to 17
• PA 20 to 38, PA41 to 49, PA60 to 78
• PH19 to 26, PH30 to 41, PH49 to 50
4. Cancellations & Returns
4.1 – Under the conditions outlined in the EU Consumer Rights Directive and in Section 4.2, The Auden Musical Instrument Co. Ltd operates a 14 day cooling-off returns policy for products that are still in their original condition. This allows UK and EU customers to cancel their order up to 14 days after receipt of their goods. If you wish to cancel your order during this 14-day period, please notify us in writing by letter or by email at email@example.com. A telephone call is not sufficient without the express written approval from The Auden Musical Instrument Co. Ltd.
4.2 – The right to return goods to us as mentioned in Section 4.1 does NOT apply in the following situations:
• 4.2.1 – Special Orders – Any order which has been specified or customized to the customers specifications. This also includes any item which is not typically stocked by The Auden Musical Instrument Co. Ltd and has been ordered in at the request of the customer.
• 4.2.2 – Health and Safety – any product that has come in contact with a customer’s ear or mouth, such as microphones, headphones, earphones or product with a mouthpiece that have been used or where the hygienic seal has been separate or broken.
• 4.2.3 – Software, Media and CDs – where the packaging has been unsealed (unless the product is faulty) and copyright policies apply, any product registered via digital or physical means becomes immediately exempt for any returns.
4.3 – If you wish to exercise your right to cancel this contract within the cancellation period, you should return the goods to us within within 14 days and take reasonable care in doing as detailed in the EU Consumer Rights Directive (2011/83/EU). The risk and cost of returning the goods to us shall be accepted by you unless you have notified us that the goods have arrived damaged or faulty (Section 3.4) and this has been verified by us.
4.4 – As outline in the EU Consumer Rights Directive (2011/83/EU), failure to return items in their original condition will result in deductions from your refund or refusal of a return. As a result, we may make deductions to your refund for any diminution in value of the returned goods where the handling of goods has “gone beyond the sort of handling that might reasonably be allowed in a store”
4.5 – Upon cancellation of the contract we will credit your account with a full refund for the goods. Normally refunds are processed the same day if the goods haven’t been dispatched or on the day of receiving the goods back, however, in any event, not later than 14 days after receipt of the cancelled goods. If you do not return the goods or do not pay the costs of delivery to us, we shall be entitled to deduct the direct cost of recovering the goods from the amount of the refund.
5. Description of Goods & Pricing
5.1 – All our prices are shown in Pounds Sterling (GBP) and are displayed inclusive of VAT at the current rate of 20%. VAT is payable by all customers within the EU.
5.2 – The Auden Musical Instrument Co. Ltd does not take any responsibility for any import taxes, customs charges or administration fees payable on orders made outside of the European Union zone. It is the customer’s responsibility to cover all charges related to Customs and the import of goods.
5.3 – All our prices, descriptions and shipping charges are reviewed regularly and we endeavour to ensure that the prices and the information provided on our website are correct at all times. In the event of an error in the information provided by our website, The Auden Musical Instrument Co. Ltd will notify you of this error immediately. In the event that a price or shipping charge is incorrectly displayed, The Auden Musical Instrument Co. Ltd will offer you the product/service at the correct price, or a full refund. We are not under any obligation to honour an incorrect price.
5.4 – Product images are for illustrative purposes only, The Auden Musical Instrument Co. Ltd cannot be held responsible for differences in the manufacturer’s imagery and the actual product.
6.1 – All credit and debit card processing is encrypted and handled securely by Realex. We do not see your card details at any time.
6.2 – We currently accept the following methods of payment online: VISA, VISA Debit, Mastercard, Solo, Maestro, Visa Electron, Paypal, Bank Transfer in GBP, US Dollar and Euro.
6.3 – All Euro and US dollars amounts displayed on www.audenguitars.com are given as a guide only and may differ from the actual amount you pay, which will appear on your bank statement given by your own Bank or Credit Card Company. We cannot accept any responsibility for loss of funds caused by currency fluctuation.
8.1 – All Auden guitars are supplied with a life of guitar warranty against faulty workmanship. All other products sold on this site have a 12-month manufacturer’s warranty unless specified otherwise.
8.2 – Any extended warranty offered by any manufacturer must be arranged by the customer. We are not responsible for organising such warranties. We can provide additional receipts upon request.
9. Site Usage / Service Access
9.1 – Although we make every effort to ensure our website is available 24 hours a day, we will not be liable if, for any reason, our website is unavailable at any time due to maintenance, system failure or conditions outside our control.
9.2 – From time to time, The Auden Musical Instrument Co. Ltd may link to third party websites to provide the user with third party content, including but not limited to, videos from youtube, images, comments, reviews or links. The Auden Musical Instrument Co. Ltd does not accept any liability for the suitability or incorrect use of this content and is provided solely as a guide for the customer. If you choose to view any third party content (including visit a 3rd party site or play a video) you do so at your own risk.
9.3 – The use of tools for the purpose of price scanning (either automatically or manually) this website is forbidden without the prior written consent of The Auden Musical Instrument Co. Ltd Limited. Without prior consent, you agree to fines of up to £1000 a day if unauthorised scanning activity is detected.
10.1 – You may download, use or print extracts from this site for your personal use only. Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs, web designs & implementations, graphical images) are owned by us or our licensors.
10.2 – Product images or descriptions which we were created by The Auden Musical Instrument Co. Ltd remain the property of The Auden Musical Instrument Co. Ltd at all times and cannot by copied in any format under any circumstance without full written consent from The Auden Musical Instrument Co. Ltd.
11.1 – The Auden Musical Instrument Co. Ltd and any of our owners, officers, directors, employees or shareholders will not be liable for any losses or damage that you suffer under the contract which were not a foreseeable consequence of breach of the contract. We are not responsible for indirect losses which were not considered at the time of the contract including, but not limited to, any loss of income or profits, loss of business or goodwill, loss of data, loss of opportunity.
11.2 – We are not liable for losses that arise in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
12. Data Protection
12.1 – By placing your order, you agree and understand that we may store, process and use data collected from your order process telephone order for the purposes of processing your order.
12.2 – We do not see or store your card number when you purchase online.
13. Circumstances beyond our reasonable control
13.1 – We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
14.1 – We take customers’ privacy and confidentiality very seriously so The Auden Musical Instrument Co. Ltd does not disclose buyer’s information to any marketing third parties and takes every step to protect customer’s data. All information is securely encrypted using industry standard 128-bit encryption Secure Socket Layer (SSL) certificates provided by Verisign.
Using our site indicates that you accept the use of both ‘Strictly Necessary’ and ‘Performance’ cookies as defined in our Cookie Notice page here. Accepting these cookies is a condition of using the website, so if you prevent them we cannot guarantee your security or how our site will perform for you.
15. The Waste Electrical and Electronic Equipment Directive (WEEE)
15.1 – As a retailer of electrical & electronic goods, we conform to all WEEE regulations. As such, if you purchase any electrical and electronic equipment (EEE), we will dispose of any equivalent waste electrical and electronic equipment (WEEE) free of charge on a like-for-like basis.
15.2 – Full details of our WEEE Recycle Policy can be found here.