Terms and Conditions
This website is owned and operated by Smith and Muller Ltd trading as Smith and Muller (referred to as “ Smith and Muller/we/our/us”), a company registered in England and Wales, whose registered office is at New Grove House, Murray Road, Orpington, Kent, BR5 3QY. Our company registration number is 12874831 and our VAT registration number is GB367419763.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.smithandmuller.com. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE AS A USER (REFERRED TO AS “YOU/YOUR”) YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting (see date at the top). It is your responsibility to check this website from time to time to review the current terms and conditions as each use of this website signifies your acceptance to be bound by the latest terms and conditions. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
Ordering from us
2.1 There are various methods and information on how to place an order with us throughout other areas of this website. All orders placed by you via this website are subject to the latest terms and conditions.
2.2 As part of our order process you will be given the opportunity to check your order and to correct any errors. Following receipt of your order, we will send you an order acknowledgement email, detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Smith and Muller on Stage.
2.3 Our acceptance of an order and the completion of a contract between you and us takes place when we dispatch the order even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.4 We may refuse to accept an order:
2.4.1 where goods are no longer available;
2.4.2 where we cannot obtain authorization for your payment or suspect fraud;
2.4.3 if there has been a pricing or product description error; or
2.4.4 if you do not meet any eligibility criteria set out in our terms and conditions.
2.5 Sales to destinations not within our list of shipping countries will only be accepted with prior arrangement with our export department and will be subject to pre-payment and a minimum export sale order value of £250 excluding UK VAT.
2.6 Smith and Muller reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to re-sellers. In any such event the consumer will be refunded immediately.
3.1 All prices are in Pounds Sterling and exclude all taxes (where applicable) and do not include delivery charges. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price if applicable.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
3.3 Our prices are reviewed daily and while we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you 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 you cancel and you have already paid for the goods, you will receive a full refund.
4.1 Smith and Muller takes payment immediately and all goods are subject to availability. In the event that we are unable to supply a product, we will inform you of this as soon as possible.
4.2 In the interests of preventing fraudulent use of credit, debit and charge cards, Smith and Muller will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from this website you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 If, using our currency selector, you have chosen to display our prices in Euros or US Dollars instead of UK Pounds; you will still be charged and invoiced in UK Pounds sterling as we do not accept foreign currency. At the point of payment, your card issuing bank will convert the amount paid in UK pounds to your local currency using their current exchange rate. Please bear in mind our currency calculator display is a guide and that your bank exchange rate may be different to our online display and will reflect on your card statement.
5.1 Products bought on this website will be delivered to the selected location.
5.2 Please note that non-UK shipping costs may vary depending on location and the size and weight of the goods. You will be contacted should this situation arise. If you are shipping to a country outside of the UK then you may be liable for Import Duty and VAT charges. Please check with a customs office in your country for information. Should you decide not to accept the import duty and VAT charges you will be liable for all our costs incurred having the shipment returned to us in the UK.
5.3 Your order will be delivered to the address you indicated when you place your order. All goods must be signed for by an adult aged 18 years or over on delivery.
5.4 Delivery charges and estimated timescales are specified on our delivery page and also when you place an order. Unless otherwise agreed with you in writing and subject to clause 14, delivery of the goods will be within 120 days beginning with the day after you ordered the goods. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
Cancellation and returns policy
6.1 All goods and services are sold in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334). This regulation essentially ensures that the consumer is given clear information about the goods and services the supplier is offering, is provided with an order confirmation via email and has a cancellation period of 30 days from the day after the date of delivery – during which time the consumer may cancel the contract by notifying the supplier of their request to cancel either in writing or by email. If the order is for a custom made product, or a customized existing product, produced to the customers requirements, then the cancellation period is not applicable. We may, at our discretion accept the product (s) back but a fee will be chargeable for the customization work and the administration / restocking fee as in 6.4 below
6.2 If you wish to cancel your order during the cancellation period set out in clause 6.1, please notify us in writing by letter or by email. A telephone call is not sufficient and will not be acted on or accepted as an official cancellation.
6.3 Once you have notified us that you wish to cancel the contract within the cancellation period, either before or after you have received the goods, you should return the goods to us within a reasonable time period and take reasonable care in doing so. Any returns sent using a third party should be insured for the full value and tracked. You should provide details of this tracking information to us on the day the goods are collected from you. The risk and cost of returning the goods to us at our UK address, shall be borne by you. If you fail to return the goods to us within 15 days following the end of your cancellation period, we will not accept the cancellation of the contract, nor will we refund any moneys paid.
6.4 Upon receipt of the returned goods we will credit your account with a refund of the money paid to us, excluding the cost of delivery of the goods to you, the collection of the goods from you and less a 25% administration and re stocking fee. This will be refunded to you not later than 30 days after receipt of the returned goods.
6.5 Goods should be returned and re-packed in the original packaging as received complete ‘AS SOLD’ and in ‘AS NEW’ condition (for example, if the packaging has been opened to examine the product/s you must have done so without damaging the packaging or the product/s in any way). If we receive the goods and packaging back in a damaged state we reserve the right to deduct the cost of repair or replacement from any refund.
6.6 You have a duty to take reasonable care of the products while in your possession and during the cancellation period to maintain them in the condition in which they were supplied by us. If goods are damaged or your use of the goods has gone beyond your right to reasonably inspect and assess the goods, Smith and Muller reserve the right to seek recompense.
6.7 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances:
6.7.1 in the case of copyrighted goods (all software, media and sample CDs) where the packaging has been unsealed and/or the product has been registered
6.7.2 for Health and Safety reasons to products such as microphones, headphones, earphones, in-ear monitoring devices that have been used or where the hygienic seal has been removed or broken and
6.7.3 to any products that we have made to your specification or customized specifically for you
6.8 If a fault with the quality of the product and its components should occur with your product outside the cancellation period and within the manufacturers’ warranty period, we will repair it free of charge. The risk and cost of returning the goods to us at our UK address and the subsequent re delivery of the goods back to you after repair shall be borne by you.
6.9 Should any fault be caused by excessive wear and tear of the product (and the opinion of a representative from Smith and Muller will be final) we will reserve the right to provide a quotation for repair. Any cost will need to be paid for in advance of any repair.
7.1 You are permitted to print and download extracts from this website for your own use on the following basis:
7.1.1 no documents or related graphics on this website are modified in any way;
7.1.2 no graphics on this website are used separately from accompanying text; and
7.1.3 any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
7.3 Subject to clause 7.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. 7.4 Any rights not expressly granted in these terms are reserved.
8.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
8.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Visitor Material and Conduct
9.2 You are prohibited from posting or transmitting to or from this website any material:
9.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
9.2.2 for which you have not obtained all necessary licenses and/or approvals;
9.2.3 which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
9.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the website (including, without limitation, by hacking). 9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
Links to and from other websites
10.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
10.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
10.2.1 you do not remove, distort or otherwise alter the size or appearance of the Smith and Muller on Stage logo;
10.2.2 you do not create a frame or any other browser or border environment around this website;
10.2.3 you do not in any way imply that we are endorsing any products or services other than our own;
10.2.4 you do not misrepresent your relationship with us nor present any other false information about us;
10.2.5 you do not otherwise use any of our trademarks displayed on this website without our express written permission;
10.2.6 you do not link from a website that is not owned by you; and
10.3 your website does not contain content that is distasteful, offensive or controversial, defamatory, causes annoyance or inconvenience, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause
10.3 for breach of these terms and to take any action we deem appropriate.
10.4 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.3.
11.1 Smith and Muller do not discriminate on the basis of age, race, nationality, gender, sexual orientation or religion. However; persons under the age of 16 should only use the website with the consent of their parent or legal guardian. We encourage all parents and guardians to monitor the Internet use of their children. Use of this website by any user shall be deemed to be a representation that the user is 16 years of age or older.
11.2 To register with www.Smith and Muller.co.uk you must be over eighteen years of age.
11.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.4 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.5 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
12.2 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
13.1 Save as precluded by law, we and any of our group companies, officers, directors, employees, shareholders or agents of any of them 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 contemplated 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.
13.2 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.
13.3 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) or any liability which cannot be excluded or limited under applicable law.
13.4 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
Impossibility of performance
14.1 Smith and Muller shall be relieved of its obligations to perform the contract to the extent that the performance thereof is prevented by events or circumstances beyond our reasonable control including, but not limited to, fire, industrial dispute, war, labour disturbance or causes beyond our reasonable control.
Comments, questions and complaints
15.1 Smith and Muller welcome your feedback, however, any comments, ideas, notes, messages, suggestions or other communications sent to us regarding the website and / or the products and services we provide shall be and remain the exclusive property of Smith and Muller and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.
15.2 We will always – as a matter of courtesy request your permission before publishing such feedback in any publications available to the general public or on the Smith and Muller website.
Governing law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
16.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws
17.1 you may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
17.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
17.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.