Terms of service

Overview

This website is operated by Tone District. Throughout the site, "we", "us" and "our" refer to Tone District. We offer this website, including all information, tools and services available from it, to you, the user, conditioned upon your acceptance of the terms, conditions, policies and notices stated here.

By visiting our site or buying something from us, you agree to these terms. They apply to every user of the site, including browsers, customers, merchants and contributors of content.

Please read them before you use the site. If you do not agree to them, do not use the site.

Our store is hosted on Shopify Inc., which provides the e-commerce platform and payment processing that allows us to sell to you.

Nothing in these terms affects your rights as a consumer under UK law. Where any term here conflicts with a right you have by law, your legal right applies.

1. Online store terms

By agreeing to these terms, you confirm you are at least 18 years old, or that you are over the age of 18 and have given consent for any minor dependant to use this site under your supervision.

You may not use our products for any illegal or unauthorised purpose, and you must not, in using the service, breach any law that applies to you.

You must not transmit worms, viruses or any code of a destructive nature.

Breaching any of these terms will result in immediate termination of your access to the service.

2. General conditions

We reserve the right to refuse service to anyone, for any lawful reason, at any time.

You understand that your content, not including card details, may be transferred unencrypted and may involve transmission over various networks and adaptation to technical requirements. Card details are always encrypted in transit.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service or access to it without our express written permission.

The headings in this agreement are for convenience only and do not limit or affect the terms.

3. Accuracy of information

We are not responsible if information on this site is not accurate, complete or current. Material here is provided for general information and should not be relied on as the sole basis for a decision without consulting better, more accurate or more timely sources.

This site may contain historical information, which is by nature not current. We may change the content of this site at any time but we are under no obligation to update it. You agree it is your responsibility to monitor changes to our site.

4. Changes to the service and to prices

Prices are subject to change without notice. However, once we have accepted your order, the price for that order is fixed and we will not increase it. See section 7.

We may modify or discontinue the service, or any part of it, at any time without notice.

5. Products

Certain products may be available exclusively online and may have limited quantities. They are subject to return or exchange only in accordance with our refund policy.

We have made every effort to display the colours and images of our products accurately. We cannot guarantee that your monitor's display of any colour will be accurate — wood grain and finish in particular vary between individual instruments and photographs.

We reserve the right to limit the sale of our products to any person, geographic region or jurisdiction, and to limit quantities. All product descriptions and prices are subject to change at any time without notice, at our discretion, subject to section 7.

We do not warrant that the quality of any product you purchase will meet your expectations. We do warrant, because the law requires it, that goods will be of satisfactory quality, fit for purpose and as described.

6. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, the same card, or the same billing or shipping address.

If we change or cancel an order, we will notify you using the email address or telephone number given at the time. Where we cancel an order you have already paid for, we will refund you in full.

You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to update your information promptly so we can complete your transactions and contact you as needed.

7. Price and product changes after you order

Once we have accepted your order:

• We will not increase the price. If the price we listed was wrong and the error was obvious, we will contact you and give you the choice of paying the correct price or cancelling for a full refund. We will not simply charge you more.
• We will not substitute a different product without your agreement. If what you ordered is unavailable, we will contact you, offer an alternative, and cancel and refund in full if you do not want it.

8. Optional tools

We may provide access to third-party tools that we neither monitor nor control. You acknowledge we provide access to such tools "as is" and "as available", without warranties or conditions of any kind.

Any use you make of optional tools is entirely at your own risk, and you should read the relevant third party's terms.

9. Third-party links

Certain content, products and services available through our service may include material from third parties. Third-party links may direct you to sites not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. Complaints, claims, concerns or questions about third-party products should be directed to that third party.

10. User comments and submissions

If you send us creative ideas, suggestions, proposals or other material, whether at our request or unsolicited, you agree we may use, edit, copy, publish, distribute and translate it in any medium without restriction and without obligation to compensate you.

You agree your comments will not violate any right of any third party, including copyright, trademark, privacy or personality rights, and will not contain unlawful, abusive or obscene material or malware.

We may, but have no obligation to, monitor, edit or remove content we consider unlawful, offensive, defamatory, or otherwise objectionable.

You are solely responsible for any comments you make and their accuracy.

11. Personal information

Your submission of personal information through the store is governed by our privacy policy.

12. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct any errors and to change or update information at any time without prior notice, including after you have submitted an order — subject always to section 7, which governs what happens to an order already accepted.

We undertake no obligation to update information on the site except as required by law.

13. Prohibited uses

You are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulation, rule or law; to infringe our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; to submit false or misleading information; to upload or transmit viruses or any code that will affect the functionality of the service; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the service.

We may terminate your use of the service for breaching any of these prohibitions.

14. Disclaimer of warranties and limitation of liability

This section does not limit rights you have as a consumer.

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free, or that results obtained from it will be accurate or reliable.

Except as set out below, the service and all products delivered to you through it are provided "as is" and "as available" for your use, without representation, warranty or condition of any kind.

Nothing in these terms excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by the Consumer Rights Act 2015 that goods are of satisfactory quality, fit for purpose and as described;
• defective products under the Consumer Protection Act 1987;
• any other liability that cannot lawfully be excluded or limited.

Subject to that, we are not liable for losses that were not foreseeable to both of us when the contract was formed, or for loss or damage caused by our failure to comply with these terms where that failure is attributable to your own act or omission, a third party unconnected with our performance, or events outside our reasonable control.

If we are found liable to you for anything not covered by the carve-outs above, our liability is limited to the price you paid for the relevant goods.

15. Indemnification

You agree to indemnify and hold harmless Tone District and its suppliers and service providers from any claim or demand, including reasonable legal fees, made by a third party due to your breach of these terms or your violation of any law or the rights of a third party. This does not apply to anything arising from our own breach or negligence.

16. Severability

If any provision of these terms is found to be unlawful, void or unenforceable, that provision is severable and does not affect the validity and enforceability of the remaining provisions.

17. Termination

Obligations and liabilities incurred before the termination date survive termination.

These terms are effective unless and until terminated by either you or us. You may terminate by ceasing to use the site and notifying us that you no longer wish to use our services.

If in our sole judgement you fail to comply with any term of this agreement, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

18. Entire agreement

Our failure to exercise or enforce any right or provision of these terms does not constitute a waiver of that right or provision.

These terms, together with any policies or operating rules posted by us on this site, constitute the entire agreement between us and govern your use of the service. They supersede any prior agreements, communications and proposals, whether oral or written.

Any ambiguity in the interpretation of these terms will not be construed against the drafting party.

19. Governing law and jurisdiction

These terms, and any dispute or claim arising out of or in connection with them, are governed by and construed in accordance with the law of England and Wales.

If you are a consumer resident in the United Kingdom, you may bring proceedings in the courts of England and Wales, or in the courts of Scotland or Northern Ireland if you live there.

If you are a consumer resident in the United States, this choice of law does not deprive you of the protection of any mandatory provision of the law of your state of residence that would otherwise apply.

20. Changes to these terms

You can review the most current version of these terms at any time on this page.

We reserve the right to update, change or replace any part of these terms by posting updates to our website. It is your responsibility to check this page periodically. Continued use of the site after changes are posted constitutes acceptance of them.

Changes do not apply retrospectively to orders we have already accepted.

21. Contact information

Questions about these terms should be sent to sales@tonedistrict.shop.

TONEDISTRIC LTD trading as Tone District Registered in England and Wales, company number 08208277 Registered office: GF2, 5 High Street, Westbury on Trym, Bristol BS9 3BY, United Kingdom 

Trading address — showroom, workshop and all correspondence: 20 Victoria Springs, Holmfirth, West Yorkshire HD9 2NB, United Kingdom +44 7454 755958 · sales@tonedistrict.shop

Please do not send returns, repairs or correspondence to the registered office. It is an administrative address and nothing is handled there.