Terms and Conditions

Introduction to our business terms

Our Terms

“You” and “we”/ “us”.

References to “you” means the person using the website www.howarthlondon.com; references to “We”/ “us” means Howarth of London Limited. More information about us is contained [Who are we?].

Identity of the terms.

Our business terms are set out in documents that sometimes we refer to as policies. This is our name for them, but they are nevertheless terms having contractual effect. They are set out in full in our [Business terms package]. A list of our policies/ terms is provided in [List and links for business terms]. The business terms apply to all contracts of the kinds referred to in this policy as explained by [Incorporation of our business terms] within the [Contracts] policy.

What these terms cover.

These are the terms and conditions on which we supply products and services to you. These terms apply to second hand products as well as new goods. We use the words “products”, “goods” and items” inter-changeably whether or not a musical instrument without intending particular difference in their meaning.

What we do using these terms.

We manufacture, sell, lend and hire our own and third parties’ new and second-hand musical instruments and other music related items throughout the world. We undertake these activities on retail and wholesale bases for music leisure, education and performance, amateur and professional. Our services include the provision of assessments, alterations, repairs, and specialist advice.

Where we work and transact.

We effect our business and form contracts:

face to face from our premises in Chiltern Street, London and our manufacturing and showroom premises in Worthing, Sussex
at exhibitions in the United Kingdom and internationally
at a distance by mail order, over telephone, by email and through the e-commerce section of our website located at www.howarthlondon.com

Why you should read these terms.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services 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 to discuss. If you require any changes, please make sure you ask for them to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.

Whom these terms apply to.

These terms apply to all those contracting with us including:

consumer customers
business customers
those on whose behalf as agent we sell instruments and other items on commission (business and consumer customers).

These terms do not apply to trade with our suppliers.

Our Dealer Network

We sell Howarth of London manufactured instruments to and through our worldwide dealer network as well as other products. Howarth branded and non-branded products are sold through non-dealer channels too.

These dealers and other sellers sell to purchasers in their own name and capacity and not for us as our agent. If you make a purchase from a dealer or other seller of Howarth of London branded instruments or other products your purchase will be covered not by these terms but by the terms of the dealer or other seller and the laws of the dealer’s local jurisdiction (and or possibly the laws of your jurisdiction if different).

Questions

If you have any questions about these terms please speak with one of our staff or telephone, email or write to us using the appropriate contact information stated in [Who we are].

Business customer or consumer?

Importance of distinction

Please consider the information in this policy carefully. Your rights within your contract with us embodying our business terms (see [Introduction to our business terms]) differ in the places stated according to whether you are a business customer or a consumer for the transaction concerned. You may be a business customer for one transaction and a consumer customer for another, for example. We explain the difference in this policy.

How to know which

You are a consumer customer if you are:

an individual and
buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Professionals:

Do you receive payment for playing or teaching an instrument and or dealing in or servicing/ repairing instruments (alone or in parallel with other music or non-music livelihoods)?

If the answer is “yes” and your purchase is for the purpose of that class of instrument(s) and related activities the chances are you will be purchasing from us as a business customer.

This will be the case whether you are buying for yourself or for someone else in the sphere of your trade, business, craft or professional activities such as an employer, client, customer or pupil.

If you are helping someone, for example a pupil or parent to select an instrument or other item of expense or complexity it may be better if they, rather than you, contract with us. The chances are that, unless professional themselves, they will acquire the rights of a consumer customer.

If the purpose of your purchase is wholly or mainly for your personal use the chances are that you will be making your purchase as a consumer. An example would be where the purpose of the purchase concerns an instrument you play for leisure without remuneration or is a gift for a member of your family or a friend outside the sphere of your trade/ business/ craft/ professional activities.

Do you have a question?

If you have any questions about which category of customer you fit into please speak with one of our staff or telephone, email or write to us using the appropriate contact information stated in [Who we are].

Products policy

Product Availability.

We may periodically change the products displayed in shop, at exhibitions and the website and thus the supply any particular item may cease. We do not undertake to continue to supply any particular product or type of product available from us. Should you place an order for something you have seen and we find that the item is no longer available at all or in the number you require we will inform you so that you may cancel the order or proceed on the basis of an alternative or a lower quantity up to the number available.

Products may vary slightly from sample or picture.

Please be aware that instruments and other products as delivered may differ slightly to the item you may have inspected, tried, selected or viewed in store, at an exhibition or when buying online. The packaging may also vary. Although we have made every effort to display the colours accurately in printed material and on our website we cannot guarantee that a location’s lighting, the condition of printed material or a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. In the case of instruments although we have made every effort to be as accurate as possible, because they are partly or wholly handmade, all sizes, weights, capacities, dimensions and measurements will vary slightly and there will inevitably be small variations in note and overall pitch, tone and or colour between one instrument and or note and or fingering and another. Such changes do not give rise to a right to reject the product or cancel your contract.

Your rights to change the product.

If before despatch you wish to make a change to the product you have ordered in shop, at an exhibition or at a distance over the phone or via our website please contact us. Change is at our discretion unless you are a consumer customer exercising your right to change your mind as described in our {Returns} policy under the heading {Part C – Purchases by mail order (telephone, email or our website)}. If we can accommodate the change, we will let you know about any difference to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Once the product has been delivered a right, if any, to change the product is explained in our {Returns} policy.

Our right to make minor changes to a product.

We may change the product to that inspected tried selected or viewed in store or at an exhibition or when buying online to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments, improvements or changes in practice or custom provided these changes do not affect your use of the product. Such changes do not give rise to a right to reject the product or cancel your contract.

Our right to make significant changes to the products.

In addition, we may make changes to product that are significant (that is to say, greater than minor or which affect your use of the product). In such circumstances we will inform you before despatch and you will have the right to cancel the contract. Should you wish nevertheless to take delivery of the product after we have clearly explained the differences to you, the contract will be performed by buyer and seller as varied. If we inadvertently fail to inform you, and subsequently you wish to return the product (whether ordered in shop, at an exhibition or at a distance over the phone or via our website) you will have the right to cancel the contract and return the, as set out in the {Returns policy}.

Other rights.

Nothing in this policy affects your statutory rights. Please also see our {Warranties and remedies} policy for statements of our product warranties and provision of remedy for their breach.

Prices policy

Product prices

Where to find the price for the product.

The price of the product is shown on each item in shop or at exhibition, or if it is not you may ascertain the price from a member of staff. Should you wish to make a purchase over the phone or by email our staff are required to confirm the price with you before taking your order. You should in any case seek the price from the person you are speaking with.

Where purchasing via the website the unit price will be that stated against the product and this will be stated again on the order summary page presenting immediately before placing your order along with the aggregate price when buying several of the same or other items as well.

We take all reasonable care to ensure that the price of the product advised to you is correct. We will from time to time change the prices affixed to products or quoted on our website, but this will not affect contracts that have previously come into force if at the time you placed your order the price stated was the correct price.

What happens if we got the price wrong?

It is always possible that, despite taking all reasonable care, 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
higher than the price stated to you, we will contact you for your instructions before we accept your order.

Please note that if we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

International pricing.

If you are contemplating a purchase in a currency other than United Kingdom sterling our prices may, depending on the circumstances, be stated in another currency. Exchange rates imposed through bank payment systems may create discrepancies. Please refer to [International – currency, payments and delivery] for more information.

Delivery charges

Prices are ex delivery charge.

Our prices for all items are expressed exclusive of delivery charge which is payable in addition to the purchase price and VAT unless otherwise expressly stated, perhaps as part of a special offer. Our standard delivery charges by package and geographical destination are stated at [Delivery charges – UK and global] on the website. You will be informed of the delivery charge by the website on the purchase summary page immediately before instructing “Buy”. For business customers inside the UK any VAT we incur on your delivery charge is shown. For other UK customers delivery charges are expressed inclusive of VAT.

International and special deliveries.

For many some parts of the world where the delivery address is not in an area priced in [Delivery charges – UK and global] on the website, for unusual consignments or for where customers have timing or other special requirements, we will not despatch until we have ascertained and have agreement with you as to the delivery cost in the particular circumstance you are to pay in addition to the price for the item and VAT. Please refer to [International – currency, payments and delivery] for more information.

Replacements/ returns.

Delivery charges applicable should you be returning goods or receiving replacement goods are paid by you or by us according to the circumstances as stated in [Refunds].

Value Added Tax

VAT.

Our prices on items displayed in the shop or at exhibitions are expressed inclusive of VAT. At trade only shows, dealer prices are shown ex VAT. For items on our website we show the price twice i.e. both inclusive and exclusive of VAT.

We do not charge VAT to our customers if you are located outside the UK

We will pass on changes in the 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.

Errors.

We reserve the right to alter the order-total after as well as before payment if the VAT was accidentally omitted or incorrectly applied and you will be liable to pay the corrected price/ full amount of VAT. Should we discover an error in your favour the invoice will be corrected and if paid the excess VAT will be refunded.

Other.

EU – means any country or territory in the fiscal (VAT) area of the European Community excluding the UK. Non-EU Countries – means Switzerland, Norway and any other country or territory not within the fiscal (VAT) area of the European Community. UK – means England, Wales, Scotland, Northern Ireland and the Channel Islands.

Payment of Purchase Price and VAT

How you may pay.

We accept payment in United Kingdom sterling in the shop or at an exhibition anywhere in the world:

in cash of up to £250 for a single transaction or for a series of connected transactions
on presentation of a recognised debit or credit card registered in your name capable of accepting Sterling charges if accepted by our merchant service.
by bank transfer from an account in or including your name or a recognised finance company supporting your purchase.

Payment may be made in sterling, Euros or US Dollars when purchasing through the website using a recognised debit or credit card account registered in your name.

International payments.

We accept payments in UK Sterling, and, by arrangement, we will also accept payment denominated in the US dollar and the Euro. Please refer to [International – currency payments and delivery] for more information.

Identification.

We may at any time, and more than once in relation to the same person or organisation, require evidence satisfactory to us of the identity of you or any person giving directions as to payment of monies and decline to proceed until satisfied as to identity. Please also see our [Customer identity] policy.

When you pay.

When you must pay depends on what product you are buying:

For goods, you must pay for the products before we dispatch them. We will charge your credit or debit card when accepting your order. Where monies are being paid by bank transfer, we will not despatch or allow possession until confirmation from our own bank that the funds have become unconditionally available for our own use. This may take some days or longer, if international.

For services such as restoration or repair, you must make payment before we release the instrument to you following completion of work less any payment made on account. We sometimes request payment on account of up to 25% plus VAT of the estimated price of the services, before accepting the order and starting the work.

For long and short term rentals payment is made periodically – usually weekly or monthly in advance.

We can charge interest if you pay late.

If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of our bank, HSBC plc from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Our right of set-off if you are a business customer.

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Contracts

Your/our contract

What sort of contract?

Your transaction and thus contract with us might involve any of the following:

purchase of goods
purchase of services, such as maintenance,
bespoke manufacturing
sale of your instrument
taking an instrument out on approval
renting under our short or long term schemes
providing a guarantor
making a finance agreement with a party we introduce
exchanging one item for another and part exchange
collecting from and delivering to us.

Pre-contract activities.

What is involved when you contract with us depends upon the character of the transaction. Perhaps the simplest will be the exchange of cash for a small item and a till receipt. On some transactions we may well need to verify your identity, obtain information about you and or a guarantor, undertake credit checks, receive a completed/ signed application form, direct debit authority and ancillary agreement, and or provide you with statutory information, amongst other things. See [Customer identity] and [Privacy] policy.

When a Contract Begins

Typically a contract will come into existence between you and us when we have completed the pre-contract activities, if any, and accepted your order (with or without payment at that time of the purchase price or a deposit). Acceptance by us, and thus formation of contract, takes place when/ by:

accepting payment and handing over goods
completing/ issuing an order form or invoice
completing pre-contract activities and signing papers
dispatch of your order or receipt of an out of stock notice when placed via our website (to comply with PCI DSS, payment is usually made via our merchant provider at the time you place the order. In this circumstance, payment does not confirm that we have accepted your order and entered into a contract)

Ordinarily where you do not take immediate delivery, we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Your rights to return goods and cancel the contract apply, including the consumer right to change your mind if contracting at a distance (by telephone, email or via the website) whatever the form of your contract with us as set out in our policies for [Returns] and [Cancellations].

Forms of contract.

We and our customers make many contracts each day by means of the spoken word (for example face-to-face or on the telephone). Contracts are also made partly orally and partly in writing, as when discussions take place and some but not all elements are recorded on an order form or in an email before agreement is reached.

In some circumstances we prefer to use only a full written contract.

Examples are:

website sales – where the tick mechanism asks that you read and accept our business terms before proceeding
the trial or rental of an instrument
a third-party guarantee.

Formal Written Contracts

Signing written contracts.

After ascertaining your requirements, we will assemble the proposed written contract. This will include our [Business terms package]. We will then present it to you for perusal and acceptance, consider any changes you would like to make and if accepting alter the proposed written contract and resubmit it to you. We will do this face to face or by email.

When both or all are happy, we will ask you to sign date and return the contract to us. This may be done by handing back or delivering the contract to us.

Virtual signing of contracts.

Alternatively, you may wish to return the contract to us by email having signed, scanned and attached it to an email. If we have submitted the contract to you by email, we may provide BOTH the contract package AND, as a separate attachment, the signature page. You may then print off the signature page only (rather than the whole contract package), sign, date and scan the signature page, and return to us BOTH the contract package exactly as received AND the signature page as signed and dated.

When we enter a written contract. We may elect to submit the contact to you already signed and dated by us by or elect not to sign and date it until return of the contract as signed by the customer. We do not bind ourselves to written agreements that require your signature until both parties/ all parties have signed and dated the contract.

Witnesses.

Sometimes the area on a contract asking for the customer’s signature requires someone to watch you sign and then confirm that he or she witnessed you signing as witness. This area of the document then asks that the witness legibly prints his or her name and address and sometimes his or her occupation too.

The act of witnessing does not impose any obligation or liability contained in the contract or elsewhere upon the witness. The information the witness provides is to assist locate the witness at a later date should anyone cast doubt as to the authenticity and circumstances of the customer’s signature. The witness therefore should be an independent person in the sense of not being a member of the customer’s family but instead a neighbour, colleague at work, or friend.

If the contract asks for a witness it will not be rendered ineffective as a contract should a witness not sign and or fail correctly to state all the witness information. However, if the document asks you to follow this procedure you should do so because otherwise the contract may well be rejected and returned for re-execution.

Initialling.

You (and if applicable your witness) should amend any corrections/ changes we have made in manuscript to the proposed written contract. Please however make no corrections/ changes yourself without first consulting with us as we may not require or agree with them and if accepting will ourselves need to initial. We may also ask that you (and if applicable your witness) initial each page of the contract – but unless we ask, please don’t bother doing this.

Contracting Parties

Young people.

A minor is a person who is under 18 years of age; the age of mental capacity for the purposes of contract law is 18 years old. A contract with a minor is voidable (can be cancelled) at the minor’s option. A minor can enforce most contracts, but they are not binding on the minor until they expressly ratify the contract on coming of age. So from our point of view a contract with someone under the age of 18 is not a contract.

We will not enter the following kinds of contracts with someone if apparently under the age of 18 without:

Either: Proof of age (see [Customer identity])
Or: A third-party guarantee provided in our standard written form.

The contracts to which we refer include:

purchase of goods by instalment
bespoke manufacturing
sale of your instrument
taking an instrument out on approval
renting under our short or long term schemes
exchanging one item for another and part exchange

The position is likely to be the same for any finance agreement with a party we introduce. The finance party will have its own documents and procedures.

We will contract with someone nominated by a young person such as a parent, guardian, relative or friend if not a minor. In this circumstance the obligations within the contract shall be those of the nominated person and not of the young person.

Other incapacity.

Depending upon the nature or complexity of the transaction we may decline to contract with someone who, although 18 or older, appears not to have the capacity to understand the intended transaction and its consequences.

Companies and other organisations.

We contract with companies and other organisations on the basis of the information provided in response to our [Customer identity] policy.

Incorporation of our business terms

We only contract in circumstances in which our business terms are part of the contract. We achieve this by taking all reasonable steps before a contract is made and or during a course of dealings to bring our business terms to the attention of our customers, both consumer and business.

Our business terms are available in the following places and ways:

in printed form in public areas of our shops and exhibitions
available in printed form from staff in our shops
accessible on our website through [Introduction to our business terms]
set out in full on our website in our [Business terms package]
available for download from our website using the [Business terms package]
accessible through [List and links for business terms]
available digitally as an attachment to an email on request to a member of staff instore, over the phone or by email
as an attachment to any formal contract papers provided to you for signing
as otherwise brought to your attention by or requested from us.

We ask that all customers read our business terms at least once before dealing with us for the first time and thereafter on a recurring basis before each contract.

Warranties and Remedies

If you have any questions or complaints about a product, please contact us, using the contact information in [Who we are] or speak to one of our staff at our premises in London or Worthing.

Our Warranties

We agree with all customers, business or consumer anywhere in the world contracting with us in store or at a distance, that our products or services at time of delivery or supply will be in conformity with the contract.

By “products” we mean any products we sell whether manufactured by us or by others.

For products sold or on long term hire conformity with the contract means that the product will:

correspond with the description, sample and or model we provided for the contract
be of satisfactory quality
be fit for any particular purpose made known to us (and if a business customer whose purpose is accepted by us in writing) prior to contract

The warranty of correspondence applies after allowance for small variations as described in our Products policy – see [Products may vary slightly from sample or picture] and [Our right to make minor changes to a product] in particular.

Satisfactory quality has the meaning contained in statute applicable to business and consumer customers respectively and in all cases takes into account the quality, age and condition of the particular new or second hand instrument.

For services, conformity with contract means that we will

carry out the work with all reasonable care and skill
if you and we haven’t agreed a price beforehand, the price we charge will be reasonable having regard to specialist UK labour and material costs
if you and we haven’t agreed a time beforehand, we will carry out the work within a reasonable time.

Warranty Repair Remedy

If the product fails to correspond to warranty and you notify us clearly and unequivocally that you have a problem and seek remedy (ideally to avoid misunderstanding this should be done in writing) within

SIX months (consumer customers) or
THREE months (business customers)

of purchase or repair (or repeated repair for the same problem) this will be taken by us to be a reasonable indication that the product or service was not in conformity with the contract at the time of our delivery to you of the product or the service.

We will in such circumstances undertake repair or repeat repair work at our expense to provide the customer where possible with what was originally contracted to be provided, or we may instead offer a replacement or a refund, unless an exception to this warranty repair remedy applies (please see the next section of this policy [Exceptions to warranty repair remedy]). We will undertake the repair work within a reasonable time of it being required of us and without significant inconvenience to the customer.

After six months from purchase (or if later, replacement or repair) you may, if a consumer customer, repeatedly present the product for repair at our expense provided you can show (perhaps with an independent opinion or evidence) or if we can satisfy ourselves that a problem stems from non-conformity with your original contract of purchase. This right expires at the end of the natural life span of the product or six years from date of purchase (whichever comes first).

After three months from purchase (or if later, replacement or repair), if a business customer, repair work and materials are chargeable unless you have a bespoke service contract with us which covers the problem.

Exceptions to Warranty Repair Remedy

We will not be obliged to undertake repair work on a non-charge basis, or possibly at all, where on inspection it is apparent to us the problem derives not from non-conformity with contract at time of delivery but from a supervening factor meaning

subsequent natural corrosion, wear, tear, ageing and perishing; or
subsequent circumstances outside a reasonable person’s expectations of the capabilities of the product and whether or not care was taken or outside your control such as:
- owner or third party attempts at repair alteration or interference
- excessive or inappropriate use handling or storage
- failure to observe and perform blowing in or maintenance literature provided with your purchase or advised by our repairers
- abnormal working conditions or letting on hire
- sudden severe or repeated impact, for example, dropping
- exceptional heat, water, fire or other environmental conditions
- problems arising from wear of pads, corks, felts and lubricants
- intrusion or residence of dust dirt or foreign bodies

We will not undertake repair work or to replace or provide refunds in relation to non-returnable items as listed in our Returns policy under [Non-returnable goods/ products/ items (“Non-returnable items”)].

These warranties are personal to you, the purchaser. If you sell your instrument or other product the warranties cease at that point.

Other Product Rights/Remedies

Free of Charge Instrument check.

We provide an end of first year check – without charge – of certain instruments sold as new by us around the time of your first anniversary of ownership. Full details can be found at [Complimentary first year instrument check].

Howarth Manufactured Instruments.

[The Howarth of London product guarantee] applies in addition to our Warranties without charge to:

all instruments manufactured and branded with our name and logo under licence by third parties and
all instruments made in house by our own highly skilled craftsmen and technicians.

Full details of our product guarantee terms can be found at [The Howarth of London product guarantee].

Third Party Manufacturer Product Warranties/ Guarantees.

Products manufactured by third parties which are sold by us may carry warranties and product guarantees which provide you with rights additional to [Our warranties]. The packaging of your purchase will contain or direct you to the third-party terms. You should comply with any requirements called for within the package to bring the terms into operation and take note of any limitations and exclusions.

Second hand instruments/ items sold for others.

We often sell pre-owned instruments and other items as agent on behalf of owners. The physical condition of the client’s property will vary from recently manufactured, unused and untouched through to used actively and intensely over many decades.

This warranties and remedies policy, as all our business terms, applies for your benefit in relation to purchases and remedial repairs of such instruments and other items according to whether a business customer or consumer customer.

The meaning of the expression “satisfactory quality” in [Our warranties] as applicable to pre-owned items will accord with, amongst other things, the description we have provided, anything specifically drawn to your attention by us and anything that would be revealed should you inspect before purchase as regards the state and condition of the item.

The terms applicable should you wish to sell through us are provided at [If selling your instrument].

Reeds.

Our [Returns policy] explains the contractual position regarding instrument reeds.

Blackwood and cocobolo wood instruments.

These, if manufactured and sold by us, enjoy [The Howarth of London product guarantee] which, amongst other things, provides for the repair of natural cracks reported on new instruments within in one year of purchase (or one year of later repair of same natural crack). For more information please refer to our policy document [The Howarth of London product guarantee].

Right of return.

Our [Returns] policy explains when business customers and consumer customers may and may not return products to us and obtain repayment including the consumer’s statutory right to change his or her mind and to reject. The policy at [Non-returnable goods/ products/ items (“Non-returnable items”)] lists those products whose return we do not accept.

Costs or Carriage Etc.

We bear the cost of postage, carriage and insurance where goods are to be sent to us for and returned to customer following remedy for breach of warranty unless on inspection we have no obligation, when you must reimburse us any sums paid. Please also refer to our policy [Arranging a return].

Hire Purchase and Similar.

The following applies if you acquire an instrument from us using third party provided hire purchase or other finance, the terms of which stipulate that ownership of the instrument is to reside with the third party for a time or always. Customers acquiring possession of an instrument from us, new or used, as a business customer or consumer using third party finance will have the rights and benefits of the following policies as if they, rather than the third party finance provider, had acquired ownership.

Warranties and remedies
The Howarth of London product guarantee
Complimentary first year instrument check.

Other exclusions and limitations

Except as stated in this policy and in our [Returns policy], we shall have no liability to business customers in respect of a product’s failure to comply with the warranties set out in this policy.

Our [Responsibility for loss or damage suffered by customers] policy applies to all contracts with consumer customers and business customers.

Nothing in this policy affects your consumer statutory rights.

Howarth of London product guarantee

The Howarth of London Product Guarantee

We are proud of the heritage and continuing success of the instruments we have manufactured and sold throughout the world since 1948 using highly skilled craftsmen working to exacting standards.

Our policy on [Warranties and remedies] provides assurances to all our customers. For customers worldwide, business and consumer, buying our own Howarth manufactured and branded instruments, we provide the additional benefits of this product guarantee.

Prior to sale your Howarth of London branded instrument is checked, tested and tuned by our team of technicians and professional players in our London showrooms to provide you with the best instruments commensurate with price/ market position. We are confident it will provide you with many years of enjoyment.

Is there a charge for the guarantee?

No! When you purchase your Howarth of London branded instrument, we provide this product guarantee without additional charge.

To what does the guarantee apply?

The Howarth of London product guarantee applies to:

all instruments made in house by our own highly skilled craftsmen and technicians.
all instruments manufactured and branded with our name and logo under licence by third parties.

The Howarth of London product guarantee applies to such instruments purchased from:

Howarth of London directly in our shops, at an exhibition, or at a distance by phone, email or via our website or
one of our authorised dealers

Using your guarantee

To use your guarantee and to pass it to a new owner on the sale of your instrument all you need is to acquire at purchase and retain for the duration of the guarantee (or sale, if earlier):

evidence of purchase and date of delivery
a record of serial number or other identifying information
a record of blowing in following blowing in table under [Blowing in] below
a printout or download of this policy (product guarantee) which will change from time to time (changes after purchase will not alter the terms applicable to your instrument).

The most important details to record are:

Date of delivery
Instrument
Type/ model
Serial number/ identifier

Keeping a record of your claim(s) and work done will inform and assist any subsequent call on this guarantee.

Benefits

This guarantee may provide you with protection against an emerging problem when [Our warranties] do not, perhaps because of:

problem of a kind outside scope of warranties
warranty time limits have expired
difficulty proving product fault at time of delivery against [Our warranties]
exclusions apply to warranties that do not apply to this guarantee
you are a second or subsequent owner

To make a call under this guarantee, you do not need to demonstrate that the product did not conform to contract or was defective in some way at the time of your original purchase/ delivery from us. You do not need to be the original purchaser.

Remedial work we will do (and for how long)

Here is what we will do without charge in response to your calls under this Howarth of London product guarantee:

Problem	Cover period from delivery or later remedial action	Remedial action with no charge (decision as to which available action is to be determined by us alone after consultation with you)
Natural cracks/ splits in wooden bodied oboes and clarinets	One year	Sealing of natural cracks OR joint replacement and keywork transplant OR replacement instrument
Natural cracks/ splits in bassoons	Two years	Sealing of natural cracks OR joint replacement and keywork transplant OR replacement instrument
Any woods with warps/ distortions/ similar/ if not cracks	Two years	Joint replacement and keywork transplant OR replacement instrument
Synthetic warping/ other distortions/ natural cracks	Five years	Sealing of natural cracks OR joint replacement and keywork transplant OR replacement instrument
Keywork – snapping/ breakdown in plating	Seven years	Replacing broken item with matching key; Re-plating problem area OR replacing key
Brass/ silver/ gold bodied instruments	Seven years	Re-lacquering problem area or part OR replacing part with matching

[Our warranties] applicable to the quality of all services we provide our customers at the time you make a call under this product guarantee will apply to the work in the above table (and any other incidental work) we carry out for you.

Under this product guarantee we guarantee that our work carried out pursuant to it will remain to standard for the relevant period stated in the above table. For example, if a sealed crack re-opens and we are notified within the relevant period re-commencing from time of completion of the repair and delivery back to you we will re-execute the work or undertake alternative work prescribed for the problem in the above table. The relevant period from delivery back following the repair in this example would be one year (oboes and clarinets), two years (bassoons) and five years (synthetic). A crack which is not connected to the repaired crack would not be covered by the product guarantee unless notified to us within the period permitted from time of delivery on original purchase from us.

Exceptions and limitations to your product guarantee

Under this guarantee we will not undertake remedial work on a non-charge basis, or possibly at all, where on inspection it is apparent to us the problem derives (whether or not within your control and irrespective of care taken) from

owner or third-party attempts at repair or alteration
inappropriate use handling or storage
failure to observe blowing in or maintenance advice
abnormal working conditions or letting on hire
sudden severe or repeated impact, for example, dropping
exceptional heat, water, fire or other environmental conditions
problems arising from wear of pads, corks, felts and lubricants
intrusion or residence of dust dirt or foreign bodies

Blowing in

Important: For all Blackwood, Cocobolo and Mopane instruments the maximum recommended playing time and minimum rest periods between playing sessions from time of original delivery or delivery back from repair are set out in the following blowing in table:

Howarth of London (wooden oboe and clarinet) blowing in table
From delivery following purchase or repair	Maximum and minimum duration per playing session (sessions per day unlimited in number)
First period of 21 days’ (3 weeks) playing	Maximum – 30 minutes per day
Per day of continuous use after initial period	Increase by 15 minutes maximum per day.
Humidity	Be aware of the ambient humidity of the environment you are playing in.

The ‘playing in’ rules and periods must be observed. Please keep a daily record.

Should playing not take place over 8 or more consecutive days falling within the periods referred to in the Howarth of London blowing-in table, the blowing in programme should be restarted each time.

Please also read and or consider and apply your care and maintenance leaflet or other advice carefully.

Giving us notice or claim

Time is of the essence in this policy. Should you wish to take up your rights under this Howarth of London product guarantee you must give us written notice in the ways and addressed as stated in [Who we are] before the expiry of the times given in the above table from date of delivery and in the note following it from the date of any prior remedial work carried out under this product guarantee.

We appreciate that the date of delivery may take place after the date of purchase and may not be so well recorded as to actual date. We therefore allow a period of 30 (thirty) days in addition to the periods of notice given in the table.

If you give us notice within the time permitted, you must within 30 (thirty) days of giving notice secure receipt by us of your instrument failing which your claim on that occasion will lapse for the purposes of this product guarantee.

Assuming you comply with these requirements the latest time by which we become in a position to inspect your instrument is 60 (sixty) days after the expiry of the time permitted to make a claim.

Other

Pads, corks, etc.

Problems arising / corrections required by wear of pads, corks, felts and lubricants or remedies caused or contributed to by matters excluded from this product guarantee are chargeable at our then applicable rates for parts and labour plus VAT should we be willing to undertake work to make good. We will provide an estimate and obtain your authority in accordance with our usual servicing and repair practices before undertaking work not covered by this product guarantee.

Time frame.

Not included in the guarantee.

Under this guarantee we do not provide a refund or other compensating payment. We do not provide a courtesy/ loan instruments during periods of repair other than at our usual rental rates under our policy [Trials and rentals] under the heading [Rates for trial and hire]. Our remedial obligations under this product guarantee are confined to repair and replacement as described in the table, those obligations to be performed to the standards stated in our [Warranties and remedies] policy.

Carriage, insurance etc.

The costs of carriage packaging, risk and insurance between you and our workshop for undertaking an appraisal and if appropriate performing this product guarantee and returning the finished instrument are your responsibility and are not covered by the product guarantee. Improper packaging or handling during transport from you to us (and on re-delivery to you) leading or contributing to instrument damage are not covered by this product guarantee. Please also refer to our policy [Arranging a return].

Hire purchase and similar.

Warranties and remedies
The Howarth of London product guarantee
Complimentary first year instrument check.

Business terms.

This guarantee takes effect in conjunction with our business terms as explained and identified in [Introduction to our business terms]. Nothing in this guarantee shall adversely affect a consumer’s statutory rights.

Complimentary first year instrument check

Complimentary instrument check

We provide an end of first year check for instruments sold as new without charge towards the arrival of your first anniversary of ownership of an instrument.

This is part of our after sales service and is intended to encourage our customers to ensure their instruments are maintained at a suitable frequency. Howarth of London also takes this opportunity to assess the performance of instruments following purchase against our assurances to customers (see our [Warranties and remedies] policy) and for the purposes of [The Howarth of London product guarantee].

To what does the free of charge instrument service apply?

The Howarth of London free of charge check over applies to:

All new instruments made in house by our own highly skilled craftsmen and technicians
All new instruments manufactured and branded with our name and logo under licence by third parties
All new instruments made by third parties with a third-party brand but purchased from us.

The Howarth of London free of charge inspection applies to such instruments as purchased from us directly in our shops, at an exhibition, or at a distance by phone, email or via our website.

What do we do?

Our without charge inspection at a detailed level depends upon the instrument concerned whether a member of the oboe, bassoon, clarinet or saxophone families.

The tenon joints are checked to make sure that they are not loose, corks or threads not torn or coming away from the joint. Old cork grease is cleaned off and a thin coat of fresh grease is applied.
Bodywork is checked for damage, and on wooden instruments, the bore is inspected and oiled if needed.
Pads are checked for seating, keywork is regulated and venting is checked/adjusted where necessary.
The Instrument is play tested by one of the specialists.
Keywork is inspected to ensure keys are not bent, rods and screws are not loose, and keys are operating as they should. Rods and screws are checked for any required oiling and adjustments to spring tensions made if required.
Pads, corks and felts are visually inspected to check for wear and tear

We will report to you on any other work that appears to be necessary or desirable, whether the work falls under the terms of our [Warranties and remedies] policy or [The Howarth of London product guarantee], and the extent to which, if any, you must carry the costs yourself.

Where applicable we will provide an estimate and obtain your authority in accordance with our usual servicing and repair practices before undertaking work not covered by this free of charge instrument check, [The Howarth of London product guarantee] or our [Warranties and remedies] policy.

Other

Time to claim.

The free of charge inspection must be taken up by making an appointment within 12 months and by presenting the instrument for checking within 15 months of delivery of your instrument following original purchase. Proof of date or purchase, or if later, original delivery will be required.

Customer pays for.

The following costs associated with this end of year free of charge instrument inspection service are your responsibility and are not included in this service:

carriage, packaging, risk and insurance each way between you and our workshop
servicing and repair work
of parts and materials such as replacement pads repair and serving work

If the inspection discloses that remedy must be provided by us under the policies on [Warranties and remedies] or [The Howarth of London product guarantee] these costs will be borne by us to the extent described in those policies.

Logistics.

We cannot promise to undertake the required work within your preferred time period or by a particular date. We do however agree to carry out the work within a reasonable time as required of us in our [Warranties and remedies] policy. We do not provide a courtesy/ loan instruments during periods of end of first year inspection other than at our usual rental rates through our [Trials and rentals] policy at [Rates for trial and hire].

Arranging a return.

Please also refer to our policy [Arranging a return].

Hire purchase and similar.

Warranties and remedies
The Howarth of London product
Complimentary first year instrument check.

Not transferable.

The right to a free of charge inspection is not transferable should you sell your instrument during the first year of ownership. Consequently, your buyer and any subsequent buyer may not exercise the rights set out in this policy. The free of charge end of first year inspection may be carried out only by our employed technicians in London or Worthing. The rights in this policy may not be claimed against our dealers.

Not compulsory.

Taking up your rights in this policy is not compulsory nor will taking it up, or not taking it up, affect the availability of rights under our [Warranties and remedies] policy, [The Howarth of London product guarantee], or your statutory consumer rights.

This policy takes effect in conjunction with our business terms as explained and identified in [Introduction to our business terms].

Returns

Introduction

This policy explains when you may and may not return goods, products or items perhaps because you have changed your mind and no longer want them or they are the wrong items or faulty in some way.

The provisions we make in this policy do not affect your statutory rights. This policy is intended to correctly incorporate and reflect a consumer’s statutory rights and, in certain respects, improve upon them.

Please remember – we require proof of purchase in all circumstances!

Before you read this policy you should check to ascertain which you were when contracting with us by using our policy – [Business customer or consumer?].

This policy’s sections are:

A	lists those categories of goods in relation to which we invariably do not allow return or make refund (unless faulty or not as described)
B	explains returns where you have concluded your contract face to face with a member of staff in a shop or at an exhibition
C	explains returns where you buy from us by mail order (telephone, email or our website)
D	explains the special position regarding reeds
E	explains the special position concerning the natural cracking of instruments
F	cross refers to our [Refunds] policy which explains what to do to get goods back to us and obtain a refund;

In this policy the terms “fault” and “no fault” mean “not in conformity” OR “in conformity” with your contract at time of the delivery of the product.

“Not in conformity” means goods that are faulty or not as described. An item is faulty if it does not conform to our warranties set out in the [Warranties and remedies]. An item is not as described only after making allowance for small variations – see [Products may vary slightly from sample or picture] and for [Our right to make minor changes to a product].

The expressions “goods”, “products” and “items” whether instruments or not are used interchangeably and no difference in meaning is intended.

If you are unclear about anything stated in this policy please contact us using one of the contact methods detailed in [Who we are] or speak to a member of staff.

If you are not happy with a decision or action or inaction on our part in relation to this policy or any other please refer to the [Difficulties and complaints] policy which has been drawn up to assist you.

Part A – Non-returnable goods/ products/ items (“Non-returnable items”)

The following are those categories of goods in relation to which we invariably do not allow return or make a refund to business customers or consumers (unless in non-conformity with contract ie are faulty or not as described).

Reeds or any other items if sealed for hygiene reasons on delivery to you and becoming unsealed after delivery (see also Part D – [Reeds: business and consumer customers]
CDs if sealed on delivery to you and becoming unsealed after delivery
DVDs if sealed on delivery to you and becoming unsealed after delivery
Computer software if sealed on delivery to you and becoming unsealed after delivery
Sheet music with digital content where the CD packaging has been opened or where the online licence code has been revealed
Items that are made to the customer’s specifications or which have been clearly and irremediably personalised.

Part B –Purchases in store and exhibition sales.

All customers

1) Product conforms to contract (no fault) but you change your mind.

This policy part applies to business and consumer customers alike.

For purchases in store and at exhibitions all no-fault returns and no-fault credits or refunds are allowed only strictly at the discretion of Howarth of London staff and are permitted only in exceptional circumstances.

You must state clearly within 30 days of purchase that you wish us to consider exercising our discretion. We will decide and inform you as quickly as is practicable. Please do not return goods to us unless and until we decide that a return is to be permitted.

We will not accept the return items listed in part A [Non-returnable goods/ products/ items]. In addition we do not accept returns of items ordered into stock to special order.

If we decide that a return is to be permitted the item must be delivered:

safely back to store at your expense
within 14 days of our informing you of a decision to accept return
with valid proof of purchase and
in the condition the item was delivered.

2) Product does not conform to contract (fault)

Where products do not conform to contract our policy for customers is the same whether they buy from us in store, at exhibition sales or by distance selling.

We sell on the basis that when it is delivered to you a product will be in conformity with the contract you made with us as stated in our Warranties and remedies policy under [Our warranties].

All customers may reject and return the item if:

we have delivered the wrong item and you do not want it
we have delivered a product which is significantly different from that described and we have failed to inform and obtain your agreement to the change(s).
the terms of a third party warranty covering the product’s fault allows its return.

We reserve the right to require the return of goods upon becoming aware of non-conformity, for example where we have sent the wrong goods in error or where we have made a refund of monies paid for the goods.

Please note the particular position for both consumer customers and business customers later in this policy regarding [Reeds] in Part D and [Natural cracking of instrument] in Part E.

We do not accept rejection of Non-returnable items.

Rejection by consumer customers

Unless a Non-returnable item:

the goods were bought in store or at an exhibition and if when delivered to you they were not in conformity with contract you may, unless a non-returnable item, return the goods with proof of purchase and obtain a full refund. The right is exercised when you tell or show us clearly this is what you want to do. This need not be in writing.

Within 30 days.

If you tell us of dissatisfaction within a short term rejection period of 30 days from purchase you may, but are not required, either to reject the goods and obtain a full refund or, if you prefer, to insist that we replace or repair to provide you with product in conformity. If you require repair the 30 days’ period is extended each time you insist upon repair or replacement by 7 days, or if longer the period we take to repair/ replace and return to your possession. What’s more, you retain the right to reject and return if the product as repaired or replaced still fails to conform to the contract.

After 30 days.

If you first tell us of your dissatisfaction after the expiry of the 30 days’ short term rejection period you are entitled either to reject the goods and obtain a full refund or to retain the goods and receive a partial refund representing a price reduction. However, to exercise this right you must allow us at least one attempt to provide goods in conformity with contract by means of repair or replacement.

After six months.

If you tell us of your dissatisfaction after the expiry of six months from the date of original purchase you will need to show (perhaps with an independent opinion or evidence if we cannot satisfy ourselves) that the problem stems from non-conformity with your original contract (ie our breach of contract) at time of delivery.

The right to insist upon return of your goods expires 6 years after the date of delivery or at the end of the natural life of the product (whichever comes sooner).

Exceptions to right to reject.

The consumer’s rights to return the goods will not be available where on inspection it is apparent to us the problem derives not from our breach of contract for non-conformity with contract at time of delivery but from a supervening factor meaning

subsequent natural corrosion, wear, tear, ageing and perishing; or
subsequent circumstances outside a reasonable person’s expectations of the capabilities of the product and whether or not care was taken such as:
owner or third party attempts at repair alteration or interference
excessive or inappropriate use handling or storage
failure to observe and perform blowing in or maintenance literature provided with your purchase or advised by our repairers
abnormal working conditions or letting on hire
sudden severe or repeated impact, for example, dropping
exceptional heat, water, fire or other environmental conditions
problems arising from wear of pads, corks, felts and lubricants
intrusion or residence of dust dirt or foreign bodies.

Please bear in mind that the greater the delay in raising a concern with us the more difficult it will be to show that your dissatisfaction flows from non-conformity at time of delivery rather than from a supervening factor.

Rejection by business customers

Where under the [Warranties and remedies] policy we are in breach of warranty we shall, at our option, repair or replace the defective product, accept return and refund the price of the defective product in full or offer rebate should you wish to retain the item. Please refer to [Warranties and remedies].

Part C –Purchases by mail order (telephone, email or our website)

1) Product conforms to contract (no fault) but you change your mind.

In all cases customers are welcome to browse, obtain information and to examine goods instore before making a mail order purchase.

Consumer customers

Right to change your mind. If you are a consumer customer you have a statutory right (cooling off period) to cancel the contract because you have changed your mind, to return the goods and to obtain a full refund without showing fault or providing any explanation.

No quibble return.

If you decide that you wish to cancel and to return an item you may do so within 30 days of when you (or someone you nominate) received the goods. Thus we allow a longer period than the 14 days cooling off/ no quibble right to return allowed by statute. This does not affect your rights available during and after this period of 30 days to return goods which are faulty and to get a repair or replacement: please see below under the heading [Product does not conform to contract (fault)].

How to cancel.

You may notify us of your cancellation:

In writing by post or email.
by speaking unambiguously with one of our staff

Returns must be dispatched by you to us without undue delay and no later than 14 days of giving or sending us your notification of cancellation. Details about refund are contained in the [Refunds] policy. You must pay the shipping costs to return unwanted items to us.

Non-returnable items:

We will not accept the return of items listed in Part A – [Non-returnable goods/ products/ items (“Non-returnable items”)].

Business customers

If having made a purchase as a business customer, you change your mind our policy for allowing no-fault returns and refunds is occasional and discretionary as outlined in Part B – [Product conforms to contract but you change your mind]. Please speak with us and do not return goods before we have considered your request to return and informed you of our decision.

2) Product does not conform to contract (fault)

All customers

For both consumer and business customers we are under a legal duty to supply products that are in conformity with your contract.

Our policy where products are purchased by mail order (that is to say by telephone, email or via our website) and do not conform to contract is the same as when purchases are made in shop or at exhibitions. The position is explained in Part B – Purchases in store and exhibition sales [Product does not conform to contract (fault)]. As explained there, your rights depend upon whether you are a consumer customer or a business customer.

3) Mistakes

Your mistake.

In instances where the customer has ordered the incorrect item, our returns policy is the same as described in Part B – [Product conforms to contract, but you change your mind]. Here the product sold invariably corresponds with contractual description, but the wrong product was chosen.

A consumer customer’s mistake.

If purchasing through the website, by email or by phone consumer customers may return the incorrect item at their expense and obtain a refund using the cooling off procedure described in the change of mind policy in this Part C – [Purchases by mail order (telephone, email or our website]. We must receive notice within 30 days of purchase and you must return the goods within 14 days of informing us.

A business customer’s mistake.

For business customers who have ordered an incorrect item the return and refund is discretionary as described in Part B [Product conforms to contract but you change your mind]. The discretion if applied may involve substitution of the correct item rather than a refund provided the incorrect item is returned to us in satisfactory condition. We ask that you return the item within 14 days once we have advised that we will assist.

Our mistake.

On the other hand where we send you the wrong item or the wrong item is added to a telephone order the goods are not in conformity with the contract description. Please notify us, do not use the product and safely return the item within 30 days of receipt from us. We will reimburse you the return transport costs and following safe receipt will refund the purchase monies.

If you wish and once paid for we will arrange for the correct goods, should we have them, to be sent to you at our expense. If payment for the incorrect items is to be applied in or towards payment for the correct items we will await for arrival and inspection of the incorrect item before despatching the correct. If you require delivery before we receive the incorrect goods back, we may ask you to pay for the new order, less shipping costs and refund the returned goods when we receive them back.

Non-returnable items.

The above arrangements for returning incorrect orders/ wrong items are not available for Non-returnable items.

Part D – Reeds: business and consumer customers

We don’t anticipate circumstances with either business customers or consumer customers where a customer will become entitled to return reeds to us for refund because of non-conformity with contract.

This is because we cannot give any assurance that reeds will suit a particular instrument, player or purpose. Furthermore, while reeds have elements in common with each other it is not possible for us to promise that one reed will have the same qualities as another, even when made by the same hand because of the natural and inherent characteristics of the cane, climate and other factors.

Before despatch reeds are visually checked to ascertain that they are of a design for use on instruments of the kind with which they are intended to be used and that they are packed in such a way as to ensure safe delivery to you in such condition and in conformity with contract.

If packed and despatched in a sealed container reeds in any case become non-returnable items once the seal is broken (see Part A – [Non-returnable goods/ products/ items (“Non-returnable items”)]).

If the reed(s) remain(s) sealed consumer customers effecting [Purchases by mail order (telephone, email or our website)] may exercise their right of return during the 30 days cooling off period as described in part C above.

Part E – Natural cracking of instrument: – business and consumer customers

All blackwood and cocobolo wood instruments will be sold to you without cracks but possessing a latent natural pre-disposition towards cracking during playing-in and subsequently. Natural cracking occurs because of the inherent characteristics of the wood. Natural cracking of these woods is by custom universally accepted to arise by virtue of normal use, wear and tear.

Natural cracking, if it occurs after purchase, shall not be taken as an indication that the instrument when delivered is not of satisfactory quality or fit for purpose. Cracking, if it occurs, does not entitle any customer, whether a consumer customer or a business customer, to reject and return the instrument for refund or to retain the instrument and seek rebate in the price based upon failure to conform to contract.

Please instead refer to our Warranties and remedies policy under [Blackwood and cocobolo wood instruments] and to [The Howarth of London product guarantee] which explains your rights and how we will help.

Part F – Refunds and arranging a return

Should as described in this policy you have a right to return the goods because they do not conform to contract, or you have a right to return the item under the cooling of procedures (consumer customers only) or, in other circumstances, we have advised that we will exercise our discretion and accept a product’s return, we recommend that you use the procedures designed for your convenience and ours as set out in our [Refunds] and [Arranging a return] policies.

Arranging a Return

This policy also explains the legal position and arrangements for returning goods to us if unwanted or rejected or in need of assessment or repair.

All customers/ all circumstances of return

Where large or delicate items are concerned please consult with a member of staff as to the method of return we advise to be used, whether and which couriers might be used, whether we should collect, what packaging is recommended and whether risk for loss or damage in transit falls on us or the customer.

The consumer has a duty to make the goods available for collection by us or (if there is an agreement for the customer to return the goods) to return them as agreed.

Shipping costs

Unless the goods are being returned because of non-conformity to contract, (i.e faulty or incorrect items sent) you are responsible for all shipping costs involved in returning goods to us.

Packaging

You must always pack the goods with sufficient care and in such a way as adequately to protect the goods for becoming damaged in transit whether returning at our discretion or pursuant to a right to cancel or to reject or for repair. We reserve the right to deduct from any refund or to charge for actual damage incurred to goods in transit to us up to the full replacement value to the wherever the general law allows not withstanding anything to the contrary in our business terms where packaging or means of carriage for return to us shows negligence or indifference on the part of the customer or persons appointed by the customer to effect return.

Risk in/ responsibility for goods

You are responsible for the goods and the legal risk for them rests with you, the customer, from the time of delivery of the goods to you or to the person you nominate to receive delivery. Where the goods are of significant value you should give serious consideration to obtaining appropriate insurances for protection of the goods against fire, theft, accidental damage and other appropriate heads of cover under business or home insurance policies or a stand-alone policy.

If returning the goods to us for any reason you will remain on risk when putting the items into the post or passing them to some other carrier (unless the carrier is appointed by us, as we then will acquire the risk). You should make sure the carrier is adequately covered since your own insurance policies may well cease to operate at the point you place the goods into transit or perhaps deliver yourself.

Legal risk for goods being returned does not pass to us until delivery to us or earlier delivery to a carrier appointed by us. Where you have rejected goods or wish to return goods to us for assessment or repair because we are thought to be at fault we will be inclined to accept the risk of transit by accepting risk of the post for lower value items or where we think appropriate using our own carrier or collecting ourselves. This must be agreed with us over the phone before effecting return of the goods.

Place to return

Unless otherwise advised in the outbound packaging or when obtaining advice from us on the return arrangements, returns must be sent to our Chiltern Street address given in {Our details}. We would recommend using a tracked service or agreeing some other method with us for delicate or higher value items. Please telephone us for a returns label.

Refunds

Refunds arise mainly in connection with the return of goods by way of rejection or exchange. Our [Returns] policy explains when you may (and may not) return goods to us and obtain a refund.

[Arranging a return] explains the measures you should take when returning the goods to us.
The [Returns] policy explains what is meant by “faulty” or “mis-described” goods which may be returned.

This policy explains the composition of your refund and how it is repaid assuming you do not wish to retain the goods.

Part A – Refund

Composition of refunds

Refunds comprise:

The re-payment of the sum paid (as deposit or purchase money) or the issue of credit note for the sum paid.
Plus The retransfer of any property lodged as intended part exchange (or where at time of refund the property has already been sold by us) a sum equal to that previously agreed with you as the part exchange value (irrespective of the sale sum if higher or lower).
Plus Any costs of carriage and insurance of goods if laid out by the customer but payable by us.
Minus Any costs of carriage and insurance of goods if laid out by us but payable by the customer.
Minus Deductions permitted / explained in this policy.

Method of refund

Where allowing return of goods is discretionary a refund maybe effected by the issue of a credit note only.

Where monetary refund is required by our business terms payments will only be refunded onto the card or remitted to the bank account that was used for the original payment. In the case of cash purchases, we reserve the right to arrange to make a BACs payment.

Timing of refund

Subject to receipt of returned items and inspection of their condition where a monetary refund is to be made this will be remitted and a statement of account will be provided as soon as possible within 14 days of decision.

Part B- Costs of carriage

Original delivery cost.

If you paid for the costs of delivery to you at time of original purchase we will add them to your refund or credit note on return

if the products are faulty or mis-described in such a way as to allow return;
if we mistakenly send the wrong item and you do not want it;
if you are exercising your consumer right to change your mind within the permitted 30 days we allow

or, if applicable, we will ourselves pay for sending you the replacement item.

If you paid for a superior delivery service (Special delivery etc) when we delivered the goods to you, we will only refund or credit an amount corresponding to our basic/ standard charge because you are responsible for the difference in cost.

In all other circumstances you are not entitled to refund or credit on the return of product representing any sum you paid for the original delivery.

Cost of return or collection.

When calculating your refund, we will take into account the following summary of who pays for the cost of the goods’ collection from you/ return to us.

We will pay the costs:

if the products are faulty or mis-described in such a way as to allow return;
if we mistakenly send the wrong item and you do not want it;
if we require the product’s return and to effect a refund under the terms of our [Prices] policy having made a pricing error which is obvious and unmistakeable.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return and we may deduct the sum if laid out by us from the value of your refund or credit note.

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 using reasonably prudent means of carriage and insurance having regard to the size, sensitivity, value etc of the item.

Personal return.

Please note that we do not in any circumstances refund or credit a customer, whether a consumer or business customer, any costs incurred in returning the goods in person to the place where the customer took physical possession of them (usually our premises in Chiltern Street or Worthing).

Warranty, product guarantee and first year inspection.

We bear the cost of postage, carriage and insurance where goods are to be sent to us for and returned to customer following remedy for breach of warranty as set out in the [Warranties and remedies] policy and credit or refund will be given to you unless on inspection we have no obligation when you shall reimburse us any sums laid out. We do not pay, and you must reimburse us, for costs of these kinds where goods travel for the purposes of [The Howarth of London product guarantee] and the [Complimentary first year instrument check].

Part C – Damage and use

Consumer purchasing at a distance if changing its mind and exercising within cooling off period as described in Part C of the [Returns policy] for consumers.

We may reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in ways which are more than would be reasonably allowed in a shop to establish their nature, characteristics and functioning. Excessive handling extends to wear, tear and damage through use (e.g. knives, blades on reed making machines, cases and covers).

had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

No fault product returns other than by use of consumer cooling off rights

A discretionary refund or credit note if made or issued may reflect a reduction in the value of the goods, if this has been caused by your handling of them.

A reduction to refund or credit note may be made on account of excessive handling and wear tear and or damage through use (eg. knives, blades on reed making machines, cases and covers).

If we feel that the goods have been damaged in transit because they have not been packed appropriately, we will deduct the reduction in value from your refund or credit note.

Your refund or credit note may also reflect a restocking fee.

Product does not conform to contract (fault) – all purchase channels, all customers

If a consumer customer exercises its right to reject the goods or if in our discretion for a business customer we allow return of the goods we will deduct from the refund a proportion of the sale price appropriate to

the amount of use of the goods the customer has already had (for consumer customers excluding the first six months) and
for any damage arising in the customer’s care (consumer or business customer), but will make no deduction for normal wear and tear.

Part D – Refunds before despatch/ delivery of goods

A full refund will be made where:

consumers purchasing at a distance (ie by telephone, email or via our website) cancel the contract using the cooling off rights as described in [Part C] of the Returns policy for consumers
other customers are entitled to cancel the contract under the [Cancellations] policy
we inform you that we have discontinued product or line where an alternative is not acceptable to you.

Part E – When a customer has to pay us

If as described in the [Cancellations] policy the customer ends the contract where we are not at fault and the cooling off right is not available or we end the contract because you are in breach we will repay you any sums paid by you for products or services 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.

Selling your instrument

Thank you for your interest in selling an instrument through Howarth of London.

We sell on a commission basis; this means that we do not purchase the instrument from you but offer your instrument for sale and, if successful, sell it on your behalf. Once the instrument is sold you receive from us the proceeds of sale less the costs of sale as explained below.

Inspection and valuation.

We can offer a full quote or valuation upon inspection of the instrument in our London showrooms, offer suggestions as to any suitable repairs or improvements, discuss servicing and say whether we feel able to assist you further with your intended sale.

We do not charge for this advisory service and you do not need an appointment for the evaluation. However, if you visit us on a Saturday you may need to leave the instrument with us for our specialists to examine during the following week. Receiving this service does not oblige you to sell through us.

If you post your instrument to us for evaluation please use an insured, trackable method and ensure that it is packaged to protect from damage in transit. Please be aware that there will be a charge for postage/ carriage and insurance should you wish to have the instrument returned to you instead of you collecting from us.

Howarth of London give a six-month warranty to all buyers of commission sale instrument. We may wish the instrument to undergo any pre-sale repairs, improvements and servicing (“pre-sale work”) before advertising and selling it in association with the Howarth of London brand. If so, we will indicate our charges for carrying out the pre-sale work. If you wish to have a third party carry out work on your instrument before sale, please be mindful that if on resubmission the pre-sale work and or instrument in any aspect(s) is then not to our standard we will wish at your cost to bring the instrument to our standard or decline your instructions.

Written confirmation.

If both you and we decide to proceed we will ask you to sign written confirmation of authority and instructions to market and to endeavour to sell your instrument. In the written authority you are asked to confirm that you agree with the terms of this policy.

In the confirmation of authority we will set out our proposed pre-sale work, will state the costs or estimates for carrying it out, and record your agreement to pay for the pre-sale work out of the proceeds of sale or before return of the instrument.

We will record the identity of the instrument and, if applicable, it’s carrying/ storage case and ancillaries, the agreed selling price and the margin, expressed as a percentage of the agreed selling price, with which you grant us authority to offer reduction.

We will record whether you allow us to disclose the identity of the instrument’s owner-player in published material or privately to interested buyers.

We will not commence work until you are happy with everything and have signed, dated and returned the confirmation of authority in person, as a scanned attachment to an email or in any of the other ways mentioned in [Contracts] under the heading [Formal written contracts].

Your written confirmation using the confirmation of authority authorises us to carry out the pre-sale work, to offer the instrument for sale and, if successful, to consummate a sale with a buyer in accordance with this policy.

You may revoke this authority at any time before sale of the instrument through us, as to which see below [Withdrawing the instrument] below.

Other sellers.

Instructing us does not exclude you from offering the instrument for sale publicly or privately either yourself or by engaging another third party. If an interested purchaser presents through these other marketing channels he or she should be directed to us to inspect, try and take on approval. If a purchase ensues you must pay our commission charges for pre-sale work and costs as outlined in this policy.

Alternatively you may revoke our authority as provided in [Withdrawing the instrument] and you may seek to consummate a sale without our further time and assistance.

Please however note that:

before we release the instrument to or for you we must be paid all monies of the kinds to time of cessation of authority paid, incurred or chargeable by us being those sums of the kinds described below under [Accounting for proceeds of sale] and
commission will still be payable to us in the circumstance described in [Withdrawing the instrument].

Preparation and sale.

Once accepted for sale, we will carry out the pre-sale work on your instrument for the reassurance of prospective customers purchasing under our brand and standards.

We will then advertise and endeavour to sell the instrument as soon as possible, taking all reasonable care for the safety of your instrument and its condition while in the shop and if away on approval.

Your instrument will be advertised on our second-hand list via our website, but we also have extensive lists of potential buyers and teachers who we will notify about our stock on a regular basis.

We will allow potential buyers to play the instrument in shop. We may, and by providing your confirmation of authority you authorise us to, release the instrument for trial/ approval away from our premises which we do under the customer terms contained in our policy [Trials and rentals]. We will not allow instruments out on approval unless reasonably satisfied as to the good faith and identity of the prospective purchaser. Where for a release on approval the instrument is to be posted or transported to the potential purchaser we will arrange this at the potential purchaser’s cost.

Possession, risk and insurance.

When leaving or delivering your instrument with us for inspection and valuation and, if applicable, for marketing and sale upon the terms of the confirmation of authority you give us irrevocable authority to retain possession of and to hold a lien on the instrument and associated items until all sums due to us from you under this policy have been paid. While the instrument and associated items are in our possession we hold it/ them for you at our risk. Possession includes all periods during which the instrument is at or between our shops and while in transit to and from and while held and used on approval by prospective buyers.

We cease to be on risk on delivery of the instrument to the buyer or to you or its or your nominated recipient. Your instrument is insured whilst it is in our possession. We require potential buyers to take out suitable insurance if they take the instrument on approval. We do however recommend that you inform you own insurers and maintain your own insurance policy until we confirm that the instrument is sold.

Accounting for proceeds of sale.

The instrument becomes sold when (a) the instrument is held by or for the purchaser as owner instead of by or for you and (b) we have received cleared funds for the full sale price agreed with the purchaser. Once the instrument is sold we will provide you with a written statement for payment of the balance of the sale proceeds.

The balance is calculated by the following calculation:

Agreed selling price
Less charges for the pre-sale work + VAT
Less 20% commission (+ VAT) on balance of the above
Less and all postage/ transport charges +VAT for shipping between you and us
Less un-recovered postage/ transport charges +VAT for shipping between us and potential buyers
Less export and or import tariffs/ duties/ similar, if any

Payment of proceeds of sale.

Please note that consumers as defined in our policy [Business customer or consumer?] buying from us have rights of return as described in our [Returns policy] under consumer law. Sale of your instrument through us is subject to those rights of return. On a sale to a consumer buyer we will therefore delay payment to you of the balance of sale proceeds until immediately after the expiry of 30 days from the date of sale. Regretfully, should a consumer purchaser return the instrument within this period we will return the sale monies to the purchaser in accordance with our [Returns policy] and will resume the marketing of your instrument.

Withdrawing the instrument.

If you wish at any time to have the instrument returned to you without sale and thereby terminate our authority in this policy, you are free to do so, providing that your instrument has not been sold already! (Sale occurs as described just above under [Accounting for proceeds].

To withdraw please speak with us and confirm in writing by email or as otherwise permitted in [Our details]. We will then stop any further pre-sale work on the instrument, stop its marketing and take steps to recover the instrument if out on approval, as applicable.

If the withdrawn instrument is out on approval, you must allow us to sell the instrument to the customer trialling the instrument if they wish to complete the purchase. If not, you must allow the instrument to be returned to us rather than to you pending payment of sums you owe us. The sums are all monies of the kinds at time of cessation of authority paid, incurred or to be incurred, or chargeable by us being those sums of the kinds described below under [Accounting for proceeds of sale].

Charges extends to the costs of postage/ transport charges for the return of the instrument from potential purchaser to us and, should you prefer instead of collecting from the shop, for carriage and insurance from us to you. If you call an instrument back from trial you will pay or reimburse us the costs of packaging insurance and postage of achieving the return from the potential customer should the potential purchaser decline or fail to pay for the return.

Please note that in addition to the sums mentioned in the immediately preceding paragraph if within 3 (three) months of its withdrawing and return you sell the instrument someone (or to an employer or principal of someone) who played the instrument on our premises while offered for sale through us or who took on trial you shall pay our commission plus vat promptly in response to our invoice. This obligation applies to you even if you find yourself liable to pay commission to another person as well. The commission will be calculated with reference to the selling price agreed with us less the margin of authorised discount, if any, stated in the confirmation of authority or, if lower, the evidenced price for which the instrument was sold.

Other terms

Ownership and information warranty.

You warrant to us that:

you own the instrument or have authority to sell the instrument at the agreed selling price upon the terms of this policy
you have authority to receive, and or to give directions as to payment of, the net proceeds of sale
you or the owner of the instrument is not subject to any contractual term within a financing agreement or elsewhere that prohibits or restricts the sale of the instrument and or the person(s) to whom the sale proceeds should be remitted and
all the information that you provide to us in connection with your instructions to sell are, and were when given and shall remain, at all times until sale, true accurate complete and not-misleading.

Latent defect warranty.

You warrant to us that

the instrument is not subject to any physical defects that would not be reasonably apparent to a consumer purchaser of the instrument.

Identification.

We may at any time, and more than once in relation to the same person or organisation, require evidence satisfactory to us of the identity of you or any person collecting the instrument or giving directions as to payment of monies and decline to take action until satisfied as to identity. Please also see our [Customer identity] policy.

Terms of sale.

You acknowledge and agree that our terms of business identified in [Introduction to our business terms] govern the relationship between us and our customers and that the sale of your instrument to a business or consumer purchaser of your instrument takes effect upon and subject our business terms. In carrying out the marketing and sale we agree to take into account your reasonable instructions and expressions of wish and not to act in a way which will give rise to any obligations or liabilities on your part as seller other than as arising within our terms of business.

Export import tariffs / duties / similar.

You shall pay any and all tariffs, duties and similar impositions arising in any jurisdiction in consequence of the export and or import of your instrument in connection with its the sale or intended sale. Please read our policy [International – import / export tariffs and VAT].

IMPORTANT

Indemnities from customer in favour of Howarth of London Limited

If a legal claim is made against us because you are in breach of your warranties as to ownership, information and latent defects stated above in this policy, you shall promptly on demand indemnify and hold us harmless against and pay us sums equivalent to (a) any and all legal costs we reasonably incur in defending the claim in accordance with your informed and reasonable instructions, if any and (b) to the extent that we are unsuccessful defending the claim, any and all sums required to be paid out by us in satisfying the claim and the claimant’s legal costs.

Oboes and Clarinets – natural cracking

Risk of natural cracking of sale instruments made of Dalbergia (rosewood) while in our possession or out on approval remain with the owner and do not pass to us or potential purchasers. Please advise us of the date of purchase and the degree of blowing in subsequently carried out with reference to the table under [Blowing in] within [The Howarth of London product guarantee] so that, without liability, we may insist upon the appropriate blowing in for the potential buyer to follow during the instrument’s trial. If you bought the instrument from us then depending on the passing of time [The Howarth of London product guarantee], if issued, may be available to cover repair work.

Trials and Rentals

Introduction

These are our business terms for customers that would like to take an instrument for temporary use to trial or to hire/rent. We use the terms “hire” and “rent” interchangeably throughout without intending a difference in meaning. All trial and rental contracts are upon the terms of this policy which incorporates all our business terms available for review at [Introduction to our business terms] and contained in our [Business terms package].

We operate three loan schemes/ plans:

Approval/ trial
- For assessment/ approval with a view to purchase only
Short term rental
- Short term temporary use, perhaps only for a single event or a few days – note however that the minimum rent is one week
Long term rental
- Longer term temporary use – a minimum of three months

Approvals / trials are only available at our discretion to assist our customers with the assessment of instruments with a genuine intent to purchase. This is not an alternative to Short / Long term rental.

We only hire instruments from our pool of rental instruments. Providing an instrument under any of the schemes is subject to availability of instrument and at our discretion. For short and long term rental we reserve the right to assign any instrument that meets the type / quality requested.

The schemes are available only to customers resident in the UK. Instruments on approval or rented must not be removed from the UK. If your circumstances fall outside these parameters, please speak with a member of staff and we will consider if in the particular circumstances we feel able to assist.

Rates for trial and hire

Our trial and hire rates vary according to value of instrument taken; the period between payments depends on the plan:

Approval/ trial
- There is an one-off approval-fee, based on the type and value of the items in question
- As a rough guide, the 2019 rates are {£5 per mouthpiece, £10 per crook, { £20 for a total value of £1000 of items, or £65 for £10000.00 }
- For full details, please contact us
Short term rental
- These are charged on a weekly basis, and depend on the type of instrument involved.
- As a very rough guide, the figures are between £25-£200, including VAT
- For the latest prices, please see Short Term Rental
Long term rental
- These are charged on a monthly basis, and depend on the type of instrument involved.
- As a very rough guide, the figures are between £25-£100, including VAT
- For the latest prices, please see Long Term Rental

Advertised rates for short term rental and long-term rental are illustrative only. The precise rate will depend upon available instrument and model actually hired.

We have the right to vary the rental fees after the end of the minimum hire period by giving you one month’s notice in writing from time to time. We may also vary the rental fees at any time to take account of a change in the rate of VAT.

Other charges

Approval / trial
- Insurance: UK only – we add £1.50 per £1,000 (whole or part) of instrument value in addition to the rental
- Deposit: Approval Fee charged. Can be offset against the sale price if purchased
- VAT: Included in the rental charge (separately stated for vat registered business customers)
- Delivery: Customer must pay for collection and return to us in addition to the trial charge/rental if post/ courier is required
Short term rental
- Insurance: As above
- Deposit: n/a
- VAT: As above
- Delivery: As above
Long term rental
- Insurance: As above
- Deposit: n/a
- VAT: As above
- Delivery: You must insure and provide evidence before taking the instrument

The rent and other charges will be stated on the acceptance form once settled with a member of staff.

Documentation

Application form – provides us with your contact details and other information
Acceptance form – records the identity of the instrument, the trial charge/rent, etc and is signed by you and us to record the terms of contract/agreement
Direct debit mandate, where applicable
Insurance – your evidence of insurance, where applicable
Your identification – see [Customer identity] for what’s required
Other documents e.g. guarantee for hirer’s obligations, where applicable.

Payment

You must pay the initial trial charge/rent, initial insurance, and deposit, if required, at time of contract even if not taking the instrument until a later date. At our discretion if you plan to take the instrument more than one month after date of contract, we may permit later payment i.e. when/ before you take the instrument.

Short term rent.

Rent for the short-term rental must be paid in advance. If you take the instrument at 11:05 on Thursday, you must return the instrument before 11:05 the following Thursday or pay rent for a further week. We do not usually rent instruments for periods shorter than a week. While you are free to return the instrument before the expiry of a rental period, we do not provide partial repayment of rent unless a consumer cancelling within the cooling off period, as explained below under [Contracting as a consumer].

Long term rent.

Rental to educational institutions for the long-term is payable quarterly in advance. If you take the instrument on the 3rd July, you must return it before the 3rd October or pay the next quarter’s rent.

For individual hirers, the first quarter is payable in advance. For your convenience, the initial rental payment period includes the remainder of the current calendar month and following 3 full calendar months. After the initial rental period, we will take the rental payment by direct debit on the 1st of each month on a rolling basis. While you are free to return the instrument before the expiry of a rental period, we do not provide partial repayment of rent unless a consumer cancelling within the cooling off period, as explained below under [Contracting as a consumer].

Your deposit

Ordinarily a deposit is not required in relation to the temporary use of an instrument. Where a deposit is required and paid, we may resort to it to make good any unpaid sums and or to make good uninsured loss or damage to the instrument.

If an instrument is taken on approval / trial an approval fee will be charged. If the approval leads to a sale, the approval fee will be deducted from the final sale price of the instrument. If the instrument is returned, the fee contributes towards any costs incurred whilst ensuring the instrument is in the condition it was released to you.

If an owner requires payment of the instrument’s sale price before release on approval this will be held by us as a deposit. The deposit, if any, will be recorded in your form of acceptance.

Taking care of the instrument

Hand over to you.

We wish your trial/hire of an instrument under one of our plans to be a totally satisfying experience. The instrument will be delivered to you fully serviced in good working order to the standard possible given the instrument’s quality, age and condition and checked ready to use by our technical experts. A suitable protective carrying case will be provided too. If you visit the shop you will have an opportunity to test the instrument yourself as well and to glean any face to face advice you need.

Problems with the instrument.

If you have any problems with the instrument you must consult us straight away. You must not yourself, or allow others to, carry out maintenance or to make any alterations or repairs nor adjust the key-work or body parts. Should you have a problem that cannot be remedied by us over the phone you must return the instrument for attention by one of our own expert technicians. We will attempt to remedy the problem on the phone or while you wait or if unable to do so we will provide a substitute instrument.

Maintenance and repair.

We will at our cost undertake all maintenance and repair work to the extent arising from:

failure to provide to the hand over standard
natural corrosion
reasonable wear and tear
ageing
perishing (reeds excluded
problems arising from wear of pads, corks, felts and lubricants.

Delivery to/ collection from us.

Although we might arrange carriage the customer must pay the costs of delivering the instrument to us and collecting it before and after any trial or work has been done. However, we will pay where the problem has arisen because the instrument at the start of the period of trial or hire was not of the standard stated above in [Hand over to you].

Third party repairers.

In our discretion we may give written consent to the use of a repair person known to us and more convenient to you. However even though we have approved the particular person (a) you must bear the third party’s repair and replacement charges and (b) if when the instrument is presented to us during or at the end of the period of trial or hire we consider corrective work is desirable as a result of the third party’s work you must pay our reasonable charges for the corrective work.

User’s responsibility for damage etc.

You will be responsible for our charges for any maintenance or repair necessitated by damage or deterioration to the instrument as a result of supervening circumstances arising during the period of trial or hire. These are factors imposed upon or suffered by the instrument outside the reasonable capabilities of the product and whether or not care was taken by you or within or outside your control such as:

owner or third-party attempts at repair alteration or interference
excessive or inappropriate use handling or storage
failure to observe and perform blowing in or maintenance literature provided with your purchase or advised by our repairers
abnormal working conditions or letting on hire
sudden severe or repeated impact, for example, dropping
exceptional heat, water, fire or other environmental conditions
intrusion or residence of dust dirt or foreign bodies

Unwinding.

Where we are unable to remedy a problem with the instrument through maintenance and repair, and we are not able to provide a replacement instrument which is acceptable to you, you and we will allow and cause the:

cancellation of the contract upon seven days’ notice
return the trial charge or return all rent paid for periods after first notification of the problem
cancellation of future rent
refund of any sum you have paid to us representing insurance premium, if recoverable from insurers
refund of any delivery and collection charges arising after first notification of the problem
re-payment of your deposit less sums, if any, secured by the deposit.

We shall have no liability to you in consequence of a problem with an instrument or any breach of the promises and warranties contained in our business terms arising from allowing temporary use of an instrument on approval or hire except as and to the extent recognised in the policy on [Responsibility for damages suffered by our customers].

Substitution.

If at any time we decide that it is no longer practicable to keep an instrument in working order, we may either replace the instrument by another instrument as similar as possible to that replaced or unwind the contract as described immediately above in [Unwinding].

Insurance

Long term rental insurance.

We require those taking instruments on long term rental to provide evidence of loss or damage insurance cover on terms satisfactory to us before taking possession and to maintain cover in effect throughout the period of risk. Such cover should be to a value not less than its full replacement value and comprehensive against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as we may consider reasonably necessary and advise to be taken out.

Short term rental insurance.

You should either provide evidence of insurance as stated in relation to long term rentals and you shall maintain such cover as stated for long term rentals. Alternatively, if requested on the application form we will endeavour to provide insurance through Allianz at customer’s cost. Such insurance will provide cover for only the first 30 days’ hire before which expiry the instrument must be returned to us. If to be provided by us this will be stated on the acceptance form; if not stated, you must ensure suitable cover is in place at all times.

Approval/ trial.

We provide insurance at cost of those taking an instrument out on approval. We in any event encourage those taking an instrument out on approval to add the instrument to their own policy too.

Risk for the instrument lies with you throughout the period of trial or hire. Whether or not there is insurance, and whether taken out by us or by you (and if by you whether or not approved by us and or renewed) you shall be responsible for loss or damage not covered by insurance unless we agreed to insure and our default gives rise to an uninsured loss.

The cover we ordinarily obtain does not extend to unattended vehicles, use other than by hirer, a family dependant of hirer or by hirer’s employees and student members, or to travel or residency or stays outside the UK. Loss or damage in these circumstances will not be covered. If loss or damage occurs in these circumstances, you and your insurers will be liable in full to us for the loss or damage to the full replacement value of the instrument.

Termination by customer

The agreement for temporary use will come to an end (other than with respect to settling any account or claim) when we receive delivery of the instrument from you accompanied by clear indication of a desire to terminate.

You will remain liable to pay periodic rent for the unexpired period during which you return the instrument namely the end of the week or quarter of the contract, or month where after the minimum term you have elected to pay rent under a long term rent agreement on a monthly basis.

You will remain liable for any unexpired insurance for which we are unable to recover premium and, whether out on approval or hire, to reimburse us any delivery costs and to pay for any repair or maintenance work we deem necessary to return the instrument to our standard for trial or hire.

You may also terminate during the cooling off period described below under [contracting as a consumer] and at any time in accordance, where permitted, with the Cancellations policy.

Termination by Howarth of London

How we may terminate.

We may in our absolute discretion terminate an approval contract on not less than five days’ notice given at any time and whether or not you then or previously have expressed an in principle wish or intention to purchase the instrument.

We may terminate either of the rental agreements by notice expiring at any time after the end of the minimum rental period on not less than five days’ notice (short term rental) or 10 days’ notice (long term rental).

We may also terminate in accordance, where permitted, with the [Cancellations] policy.

Customers must return the instrument on or before the expiry of the notice period.

Increased charges for late return of instrument. The period of trial or hire, and thus applicable charges, and the period of risk will cease at the end of the trial period or hire period as the case may be. The period ends on redelivery of the instrument to us.

On a failure to return the instrument by the due date and without prejudice to any other rights or claims we reserve the right

to continue, or to establish, and recover our costs for insurance on an as incurred basis and
to charge augmented rent (rentals) or to impose a rent (approvals) accruing on a daily basis

either such rent to accrue daily from the day immediately after end of the notice period (or in the case of approvals from the date of notice of imposition of rent) to and including the day of the instrument’s recovery.

Augmented rent shall be at the rate 125% of the contractual rent (when apportioned daily and re calculated as a daily rent) in place of any rate that would ordinarily apply.

Rent imposed on customers failing to return an instrument on approval shall be 125% of the rent that would have been payable before termination (when calculated as a daily rent) had the instrument been hired under a short-term rental agreement instead of being out on approval.

Ownership

The instrument shall at all times remain our property and you shall have no right, title or interest in or to the instrument (save the right to possession and use of the instrument on the terms of this policy). You must:

not allow others to possess or to use the instrument, or pool it or share it with others unless named or described on the acceptance form
not hire the instrument
not use the instrument except for the purposes for which it was made or hired
not hold out the instrument as belonging to you
not deposit pledge or lodge the instrument with a creditor or anyone providing a service to you (except third party repairer permitted by us under the terms of this policy)
not allow the instrument to fall within the scope of any charge or similar security.

Contracting as a consumer

Consumer cancellation.

In consumer law contracts made pursuant to this policy are contracts for a service, namely allowing the possession and use of an instrument for approval or hire. If your trial or hire contract is formed in your capacity as a consumer from a distance (that is to say over the telephone, by email or via our website) you will be entitled to cancel the contract during what is known as the cooling off period if you change your mind and seek a refund.

The cooling off period.

You must notify us of cancellation during the statutory cooling off period of 14 days from the date of making the contract. We must not allow the trial or hire of the instrument during the cooling off period unless you request this on the acceptance form or by taking the instrument. Should you want the instrument straight away or sometime during the cooling off period your refund will be diminished to reflect payment to us in proportion to what has been supplied so thereby to reflect the trial/ hire charges for the period during which you enjoyed the service – i.e. had the instrument.

While we provide an extended cooling off period in conjunction with the purchase of goods by increasing it to 30 days, we do not extend the statutory cooling off period beyond 14 days for the contracts covered by this trials and rentals policy.

Full refund.

Should you have not taken the instrument and exercised your right to cancel during the cooling off period (perhaps, for example, because you have contracted in October for a period of hire commencing in December) you will be entitled to a full refund of all charges.

Deductions from refund.

If you have had the instrument during the cooling off period (as will happen if you take the instrument immediately) you remain liable to pay trial/rent/ any insurance charges attributable to each day you have the instrument.

These sums are found by apportioning the contract charges for the minimum period (week or three months) to establish a daily rate and by charging you the daily rate for each day of your period of possession (the service). These sums will be deducted from the refund. If the refund is insufficient you remain liable to pay us the balance.

Returning the instrument.

The instrument must be returned to us (and the period of hire charges thereby brought to an end) without undue delay and no later than 14 days of giving or sending us your notification of cancellation. You are responsible for the cost of return (adequate packaging, carriage and insurance).

Cancelling after cooling off period.

If wishing to cancel after expiry of the cooling off period, the provisions about termination below [Termination by customer] will apply.

Our other consumer policies.

Our policy [Business customer or a consumer?] will assist you to ascertain in what capacity you entered the trial or rental contract. Our policies [Returns] and [Refunds] and [Arranging a return] provide more information on returns and refunds.

Other

Definition of instrument.

By “instrument” we mean the musical instrument outfit, complete in case with mouthpiece cap & ligature where applicable as itemised on the acceptance form. It does not include any reeds or cleaning and maintenance materials or other accessories which must be purchased/ paid for separately. The term includes any replacements, renewals or additions made us or by you with our prior written consent.

Period of trial/ hire.

The “period of trial” or the “period of hire” covers the period from possession of the instrument passing to a customer, until possession of the instrument is restored to us which means all days, whether or not you use the instrument

from and including the day on which you collect the instrument from us or, where it posted or couriered, the day on which the instrument is delivered to you or your nominated recipient
to and including the day you return it to out shop or on which our nominated courier takes it from you.

and covers instruments while out on approval as well as those for which a periodic rent is payable.

Period of risk.

Your “period of risk” is the period throughout which you are responsible for and must ensure the instrument’s safety and corresponds to your period of hire.

Arranging a return.

Please also refer to our policy [Arranging a return].

One off fee.

This fee as paid under an approval/ trial contract will be applied in reduction of the price should you purchase the instrument.

Expenses.

You must repay on demand all our expenses and legal costs for (a) finding your address if you change address without first informing us or (b) finding the instrument if it is not at the address given by you and (c) taking steps, including court action, to recover the instrument or to obtain monies outstanding under these terms of rental/ payment for the instrument.

Our business terms.

All our business terms as identified in [Introduction to our business terms] apply to this policy. Nothing in this policy shall adversely affect a consumer’s statutory rights.

International – currency, payments and delivery

Currency and payments

Expressions used

“Convenience currencies” – these are the currencies in which we maintain bank accounts to accept payment from, and in the same currency make refunds to and for the convenience of our customers worldwide namely UK sterling, US dollars and the currency of the European Union, or Euro.
“Home currency” – this is the currency of the account from which you wish to originate a payment for a purchase from us and into which we will arrange payment of any refund or other payment/ credit, perhaps the currency of your home country.
“currency of payment” – UK sterling or instead sometimes one of the other Convenience currencies as stated/ recorded by us (after consultation with you) at time of contract.
“time of contract” – the despatch of an email or invoice accepting your order as described in this policy under [Price and currency of payment].

Bank details (international)

When making manual payments to us through international banking our unique IBAN number must be used to identify our bank, branch and account as well as the currency of payment and country to which funds should be sent. We will provide you with the IBAN number shortly before payment is due. The IBAN reference is long and includes both numbers and letters. Please take every care to replicate it correctly on your instructions to bank to avoid frustrating delays.

Other information about making contact with and making payments to us is provided in [Who we are].

Currency of payment

We contract in UK sterling. The sum you must pay is stated/ recorded in this currency at time of contract. We must receive your payment in this currency for the amount stated/ recorded in UK sterling.

Sometimes we agree to contract for your convenience and ours in one of the other Convenience currencies instead of UK sterling. In such cases the sum you must pay is stated at time of contract in US dollars or the Euro rather than UK sterling. In such circumstances we must receive your payment in this other currency for the amount so stated/ recorded in that other currency.

Where a currency is not stated the currency of payment shall be presumed to be UK sterling save in cases of obvious error.

Currency of stated prices

We may quote or suggest a price in a currency other than a currency of payment (perhaps in a conversation or on price labels at an exhibition). If we do this it is only on an indicative basis for your convenience to convey the approximate price to you in your Home currency. We may not be held to an indicative quote, suggestion or offer in your Home currency even for transactions completed immediately afterwards. The price you pay is that in your Home currency which on eventual conversion through the banking system produces to us the sum in the required currency of payment.

Conversion from Home currency to currency of payment

Please be aware that the sum you actually pay in your Home currency (should your Home currency differ from the currency of payment) will be governed by the conversion rate(s) and associated charges applied by the card company and or other financial and banking intermediaries used, and thus when making a purchase the actual sum you incur in your own currency, is beyond our control. If in any doubt you should check the position before contracting with us.

It is your responsibility to ensure that the net sum we receive in UK sterling or other agreed Convenience currency after conversion and all charges is sufficient to pay the price in full. We reserve the right to seek payment of additional corrective sums.

Price and currency of payment

The price and currency of payment will be that stated/ recorded by us when confirming acceptance of your order by handing or sending you an invoice.

Price and currency of payment on website

We state prices on the website in one of the Convenience currencies according to your currency selection. Should you proceed to “Buy” the Convenience currency selected most recently before then will be the currency in which your price will be expressed and the currency in which payment must be made should you wish to proceed. Where you make no selection the currency in which prices are presented and payment must be made will be UK sterling.

Should you change your mind as to currency before pressing “Pay now” you must revert to choice of currency and re-select the Convenience currency you prefer. Transactions containing more than one item must be paid for in the same currency. If you wish to make purchases in more than one of the Convenience currencies you must complete a purchase in one Convenience currency then commence a separate transaction for the other item(s) having chosen a different currency. Please be aware that this may give rise to distinct and additional delivery charges.

You will not be able to purchase using our website in the chosen Convenience currency unless your VISA debit card or VISA credit card allows payment to us in the chosen Convenience currency. You should check with your payment facilitator before commencing your purchase, particularly if your Home currency is not one of the Convenience currencies.

Price and currency of payment at exhibitions

The currency or currencies in which prices will be shown at exhibitions will depend on the preferences we anticipate our customers will hold.

If a Home currency is used to express pricing the price will be taken from the website if a Convenience currency or, if not, by reference to a recently published tourist rate of conversion between the Home currency and the currency of payment in use for the exhibition.

Where payment is made electronically the actual price you pay may differ from that shown on the price label because of rates of conversion and bank charges. If in any doubt you should check the position before contracting with us.

When attending an exhibition we will accept small amounts in cash in your Home currency if that is the principal currency of the area in which the exhibition is taking place up to the sterling equivalent of £250 for one or several connected purchases in the same day.

You may of course arrange payment to be made manually through your bank in which case we will advise of the precise sum to be received by us in the agreed Convenience currency. Please bear in mind that funds may well not be received for use by us as our own money until well after closure of the exhibition or our departure from it and we will not be able immediately to release your purchase.

Price and currency of payment in shop or by phone with shop

Our shops operate using only UK sterling and price only in this currency. We accept in-shop cash payments in UK sterling for up to £250 for one or several connected purchases in the same day.

Our card machines in shop accept many international VISA and other debit cards and credit cards. Should you wish to make payment using a debit card or credit card which does not allow ultimate payment in UK sterling we may be able to arrange payment for your purchase if in another of the Convenience currencies. Please speak to a member of staff. However, having decided what you want it may be simpler to make your purchase through the website (we may assist with this) and arrangements can be made for you to take delivery whilst at the shop, failing which delivery will be sent to the delivery address instructed on the website.

You may of course arrange payment to be made manually through your bank in which case we will advise of the precise sum to be received by us in the agreed Convenience currency. Please bear in mind that funds may well not be received for use by us as our own money for some days so we will not be able immediately to release your purchase.

Other matters

Instalments, several products and cash

Where payment is to be made by instalments or where several products are purchased in the same transaction the currency of payment should be common (that is, the same) across all the instalments or products. With cash payments the daily allowance of £250 or equivalent must be paid using a single currency and not several currencies.

Refunds/ deposits/ return of goods

Refunds, credits, return of deposit and other payments to customers are returned in the currency of payment electronically to the bank card or bank account from which payment first came. Where payment was in cash ordinarily, we effect payment to a bank account or credit card in your name.

The refund or other payment will require conversion from UK sterling or other currency of original payment to your Home currency. The conversions involved and associated bank charges may produce a lower or higher sum than you had expected and are matters over which we have no control.

Our [Refunds] and [Arranging a return] policy makes further provision in this area for further information on returning goods and obtaining refunds etc.

Letters of credit

We will if asked occasionally give consideration to payment by letter of credit in a Convenience currency of our choosing. In such circumstances the price of the instrument or other goods bought and sold must be secured by an irrevocable letter of credit in terms satisfactory to us, established by the customer in favour of Howarth of London Limited, delivered to us within 14 days of order and confirmed by a United Kingdom bank acceptable to us.

The letter of credit shall be for the price payable for the instrument or other goods (together with any tax or duty payable) to us and shall be valid for six months (or such longer period as we agree with you at time of order according to the anticipated duration of delay for manufacture, repair and or procurement preceding ultimate delivery to you). The letter will entitle us to immediate cash payment on presentation of the letter to the confirming United Kingdom bank along with any documents scheduled in the letter. We will release the instrument or other item against delivery of letter of credit conforming with this policy for the amount required by the sale or purchase.

Late payments

All customers must pay interest on late payments as stated in our [Prices] policy.

International delivery

Costs

Most but not all our products are eligible for delivery to destinations outside the UK – see [Delivery charges – UK and global]. Where the delivery price is not given here, for unusual consignments or for where customers have timing or other special requirements, we will not despatch until we have ascertained and have agreement with you as to the delivery cost in the particular circumstance you are to pay in addition to the price for the item.

If purchasing in our shops or at an exhibition our sales staff will ascertain the delivery cost and inform you before you place the order. We accept online orders for all products that display international delivery available, on the product page. The website will confirm our charge to deliver your products to an international address before you place your order for the international delivery service.

Please note that we reserve the right to reconsider and advise you where the true cost of delivery of your order exceeds our advertised online shipping costs, or if multiple quantities of the same product are ordered. In this instance, you will be contacted by one of our staff to ensure you are happy to proceed with the order on this basis. This will not affect your rights to cancel an order if on being advised of a revision you do not wish to proceed.

Lead times

Delivery lead times to international addresses will vary according to destination but we will use reasonable endeavours to ensure that your instrument or other products will be delivered within 30 days from the making of contract with us and receipt of cleared immediately available funds. In the event that your order has been despatched by us (as confirmed in the despatch confirmation e-mail) but has not arrived within the estimated delivery time range, please contact our sales team on the contact details at [Who we are] who will deal with all queries about the international delivery services.

Split delivery

Depending on stock availability, we may split delivery of your order into several parts and deliver them separately. You will not be charged extra for this. Occasionally, delivery of your order may be delayed or prevented for reasons beyond our control, such as material shortages, import delays or higher than anticipated demand. When delivering outside of the United Kingdom, delivery may also be delayed due to customs-related processes (such as inspection). We will use reasonable endeavours to inform you promptly of any such delay.

Delays

If delays outside of our control occur, we will make every effort to keep you informed. For the avoidance of doubt, time is not of the essence for the delivery of the goods but you will remain entitled to all statutory rights provided to you by the applicable laws.

International – import / export tariffs and VAT

Export and import tariffs / duties / charges

Cross border movement of instruments / products.

The advertised or quoted purchase prices of our instruments and other products do not include or make allowance for any tariffs, duties or similar impositions of your jurisdiction. By “your jurisdiction” we mean the place where you live and or work, and or the place into (or out from) which you wish to receive or despatch an instrument or other item.

A liability to pay tariffs, duties or similar impositions to authorities in your jurisdiction and or to make similar payment to the UK authorities may well also arise in conjunction with the sale of your instrument through us using our policy [If selling your instrument] because the instrument is leaving your jurisdiction, entering the UK and possibly leaving the UK.

Unfortunately, we have no control over these charges and cannot predict what they may be. Whatever they may be, it is your responsibility to pay them, not ours.

Customer pays.

Please be aware that in many countries it is the recipient of the goods rather than the person placing the order that is liable for payment and completion of formalities. In other countries, such as the USA and Canada, the person ordering the item may receive a request for payment of these charges, in which case you will be responsible for paying these additional charges. Very often payment by you or the recipient (as applicable) of the goods must be received by the relevant customs authority before continued transit and delivery of the goods will be allowed.

When shipments are organised for you by Howarth of London, we will use a recognised courier service to ship your order to you. The courier will present your goods for importation in the country of delivery and pre-pay any customs and duty charges on your behalf. The courier will then seek repayment from you before releasing the goods for delivery to the agreed delivery address. The courier may also charge you an administration fee for fulfilling customs requirements on your behalf. You may also be liable for storage charges if you do not reimburse the courier in a reasonable time limit after being presented with your import charges bill.

Payment of all tariffs, duties, admin charges, storage fees or similar impositions and completion of all attendant formalities of your jurisdiction shall not be our responsibility, but yours or the recipient of the item purchased (as applicable), whether purchasing in shop, at an exhibition, by phone or email or via our website. Payment shall be your responsibility when sending an instrument for us to sell on your behalf.

Prior research – shop, exhibition, phone, email or our website.

You should ascertain what, if any, the tariffs, duties and similar will be and should ensure that you are in a position to pay them on time before entering into contract with us for the purchase or sale of an instrument. This applies whether you place an order or make a purchase in shop, at an exhibition or at a distance by phone or via our website.

Advising us of any liabilities.

You will advise us of what you believe to be the liabilities imposed by your jurisdiction.

We may be able to assist by making enquiries of relevant authorities connected with your jurisdiction and may well make enquires in advance of an exhibition we are to attend in your country. However, if we do make enquiries, we accept no liability in passing information to you if we are misinformed or misunderstand.

Tariff pre-payment.

By prior agreement we will make administrative payment on your behalf to reduce or discharge a liability and to obtain certificates to facilitate transit if you provide us sufficient cleared funds for this purpose.

Exporter.

You agree that we will act on your behalf as exporter of the goods and will complete export declarations in our own name on your behalf. If an order is placed and restrictions are applied by the customs authority of the destination country, then we will cancel the order and return payment to you less any sums or our estimation of sums we have paid or may become liable to pay as tariffs, duties or similar impositions to any cross border authority and whether or not our contract with you has been or is subsequently cancelled by either party. Where you have paid sums to us which are subsequently reimbursed to us we will promptly account to you for the reimbursed sum.

Suspension.

We may decline to contract with you or, if having done so, decline to accept delivery and or payment or to arrange despatch or allow collection of an instrument or other item where we believe a liability to pay tariffs, duties or similar impositions may arise, unless we have received either

satisfactory evidence that all tariffs, duties and similar impositions have been paid, or
cleared funds in order to make full payment on your behalf.

Should you fail to discharge all relevant tariffs, duties and similar sums within a reasonable time frame, we will become entitled to terminate our contract with you. You will become liable to pay to us any damages we have incurred by reason of your default. These will be satisfied initially by our resort to any monies paid to us before any refunds are issued.

IMPORTANT – Indemnity from customer in favour of Howarth of London Limited

The customer promptly on demand shall indemnify Howarth of London Limited against any liability (including any interest, penalties or costs incurred) which is levied, demanded or assessed on us at any time in respect of your failure to account for, or to pay, any tariffs, duties and similar impositions arising under the laws of any jurisdiction and the import and export of instruments purchased or sold from or through us and whether or not a contract of sale or purchase is entered into, or if entered into is subsequently cancelled.

Value Added Tax (VAT)

UK & Northern Ireland located customers

If you purchase from us in person, at our London and Worthing shops or at an exhibition anywhere in the UK, the price paid for the product will carry the UK VAT charge (currently 20%) where applicable.

Where you have requested delivery to a UK address, the price paid for the product and related delivery charges will carry the UK VAT charge where applicable (currently 20%). UK VAT registered customers will in due course be able to obtain a VAT receipt when making purchases on our website: pending introduction of this functionality purchases should be made from us through other channels where a VAT receipt is required.

Rest of World based customers (Including EU, Channel Islands, Isle of Man)

Whether you must pay UK VAT depends on whether you have purchased goods or services from us.

Where you have instructed us to carry out repairs or any servicing and modification work this is deemed a service and you must pay UK VAT.

If in the future, Howarth of London offers any digital or online products, you must pay UK VAT for these.

Where you have purchased physical goods from us and requested delivery to an address outside of the UK, the price paid for the product and applicable delivery charges will be free from UK VAT.

Please be aware that our prices may be stated inclusive or exclusive of VAT depending on the circumstances as described in our [Prices] policy. Please also take into account that our prices may not be expressed in the currency with which you wish to pay and thus the price ultimately appearing in your bank or card statement may differ from the sum you expect as explained in our [International – currency, payments and delivery] policy.

EU

As of the 31st January 2020, The UK is no longer part of the EU. As of 1st January 2021 Business with EU countries from the UK is conducted under the same terms as the rest of world.

VAT 407 Refund scheme.

The UK previously took part in the VAT refund scheme for goods purchased in person in the EU and then exported permanently out of the EU within 3 months of purchase. As of the 31st December 2020, the UK has withdrawn from the VAT 407 refund scheme.

VAT can no longer be reclaimed with proof of export from the EU for goods purchased in the UK. The UK government has not replaced this scheme with a UK equivalent. From the 1st January 2021, the only way to purchase goods free from UK VAT is to have them exported using an official courier / export agent. Goods exported by individuals are liable for the whole UK VAT amount and may be liable for import taxes and charges in your country of residence. You should satisfy yourself as to what these are before making a purchase from us.

Our UK VAT number is: GB 283 1051 27.

Our EORI number is: GB 283105127000.

Please speak with a member of our staff before placing your order if you believe the sale or service may be a transaction that may take place without the addition of VAT or is one in relation to which VAT may be recoverable as outlined here in our International – import / export tariffs and VAT policy under [Value Added Tax (VAT)].

Difficulties and complaints policy

This policy is available to business customers and consumer customers wherever in the world they are located. The policy forms part of our terms of business (which include any product guarantee). The policy is to give effect to and not vary the other terms of business and does not create additional rights except as to how the parties will work together in relation to your difficulties and complaints.

It is our policy to respond to your difficulties or complaints as quickly as possible. This policy requires us to make best efforts to listen and provide an explanation of our position and yours; this policy requires both parties:

to make genuine efforts to reach a decision acceptable to both within the contractual parameters of the terms of business; and
to implement any decision in a timely manner having regard to the complexity of the actions required.

A decision which is acceptable to you and to us will involve, depending on the circumstances, refund, replacement, repair, further performance of a service, partial refund, re-imbursement, a gesture of value, the return of property and or any other appropriate solution.

Action you should take

If you have a difficulty or wish to make a complaint concerning an order, purchase or service please first look again at your product guarantee – if applicable – and at all the other terms of business. The following other terms of business in particular might be relevant:

[Business customer or consumer?]
[Warranties and remedies]
[Returns]
[Cancellations]

Please contact us to explain the difficulty or make the complaint by telephoning to speak to someone in the relevant department or with whom you dealt or, if you prefer, by writing to us by post or email. Should you write and wish us to call to discuss please provide phone numbers. Our contact details are found here: [Who we are]. You are also invited to come to the shop in Chiltern Street to discuss face to face in private although please arrange this by appointment if a particular person is sought or relevant.

In all cases it will assist to have relevant information to hand such as dates, times, people, payments, product descriptions and service requirements.

Our response

Our aim is to provide an explanation and if possible, to reach a decision with you on the telephone or in conversation should you telephone or visit us, or to despatch a reply to you during the next working day. Should you raise the matter with us in writing our aim is to despatch a written explanation and if possible, to propose a decision the same or next working day.

If because of complexity, availability of relevant staff or third parties, or difficulties contacting you to speak, we require more time we will aim to inform you of progress at seven day intervals and or after any longer time or period commensurate with the nature of your difficulty or complaint.

If we reach a decision satisfactory to you and to us to make good your difficulty or complaint, we may ask you to confirm acceptance in writing before taking steps to action the decision. Our terms of business will apply to the implementation of a decision so that you get what was originally contracted to the standard originally contracted or an acceptable substitute.

If you are not satisfied with our explanation of the position we take or the decision we propose please, if you wish, write to us marking the correspondence for the attention of and to inform our General Manager using the contact information given in [Who we are] within 14 days.

You should state in clear terms why the matter has not been resolved satisfactorily to you within the parameters of the terms of business and this policy. We will respond to this written communication within 14 days.

Dealer transactions

If you have a difficulty or wish to make a complaint concerning an order, purchase, service, contract or other matter made or arising with a Howarth dealer or other seller of Howarth branded products please raise the matter directly with that dealer or seller.

The law of your contract with the dealer is likely to be the law of the dealer / seller’s location plus, if applicable, EU consumer rights. We do however encourage all dealers selling our instruments to adopt and follow a difficulties and complaints policy comparable with this policy.

Please allow at least 30 days following your written notification to the dealer of your difficulty or complaint.

If you are not satisfied with the dealer’s explanation or other resolution concerning one of our instruments, please write to us marking the correspondence for the attention of and to inform our General Manager or Managing Director using the contact information given in [Who we are]. We are unlikely to be able to assist with your difficulties and complaints with a dealer or seller if not concerning one of our instruments.

Other

Consumer customers, whether contracting in a shop, at an exhibition or at a distance online, by telephone or by mail order, may also seek advice from:

the Citizens Advice website www.adviceguide.org.uk or its consumer helpline 03454 04 05 06; or
the Which? website www.which.uk or its consumer helpline 01992 822800 (advice service charge may be applicable).

If you hold the difficulty or complaint as an online consumer you may also seek the have the matter resolved using the EU consumer dispute resolution platform https://ec.europa.eu/consumers/odr/main/index.cfm

This policy does not prevent business customers or consumers from exercising any legal rights. Please however bear in mind that should we have reached or implemented a decision accepted by you the courts or other dispute resolution may see this as sufficient a remedy.

Cancellation policy

Part A – Your rights to end the contract

You can always end your contract with us.

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.

If what you have bought is faulty or mis-described

you will have a legal right to end the contract if any of the circumstances apply as described in our [Returns] policy.

You may end the contract because of something we have done or have told you we are going to do

for any one of the following six reasons and if you do we will refund you in full for any products which have not been provided:

We have told you about an upcoming significant change to the product or these terms which you do not agree to
We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed
We mistakenly send the wrong item and you do not wish to retain it
There is a risk that supply of the products may be significantly delayed because of events outside our control
We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a significant period which is unacceptable to you or
You have a legal right to end the contract because of something we have done wrong.

If you are a consumer that purchased from a distance (mail order, ie telephone, email or via our website) and have just changed your mind about the product.

You may cancel if you are within the extended cooling-off period. Please see our [Returns] policy.

Ending the contract where we are not at fault and there is no right to change your mind.

Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation as described in Part E of our [Refunds] policy [When a customer has to pay us]. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. Just contact us to let us know this is what you want and the contract will end immediately.

Tell us you want to end the contract.

You may notify us of your cancellation in whatever way is convenient but we would suggest by one of the following means:

In speech to an employee face to face, by phone or other electronic means
In writing by email to the email address given in [Who we are]
In writing by post or hand delivery to the premises address given in [Who we are]

Refunds, deductions and returning the item.

If you cancel your contract the refund, deductions and payment provisions described in the [Refunds] policy will apply, and you must return the goods following the policy on [Arranging a return].

Part B – Our rights to end the contract

We may end the contract with you if:

having taken your order and payment we find that we do not have the item or items of stock necessary to fulfil your order because of unexpected limits on our resources which we could not reasonably plan for
if we write to you to let you know that we are going to stop providing, i.e. withdraw, or if there is a failure in availability of a particular product or line and a suitable alternative is not available
we have identified an error in the price or description of the product
we are unable to meet a delivery deadline you have specified.

If a suitable alternative is available this will be substituted to your contract, with or without agreement with you depending on the change as provided by the [Products] policy.

We will refund any sums you have paid in advance for products which will not be provided and shall have no other liability to you.

We may end the contract if you break it.

We may end the contract for a product at any time by writing to you if:

your means of payment appears not to function
a credit reference we have obtained for you does not meet our minimum requirements,
you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, model of instrument, edition of printed music, you do not, within a reasonable time, allow us to deliver the products to you or collect them from us

You must compensate us if you break the contract.

If we end the contract in the situations set out outlined in the immediately preceding paragraph we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract

Responsibility for damages suffered by our customers

Our responsibility to you for breach of contract depends on whether you are a consumer customer or a business customer. We explain the difference and offer guidance about ascertaining which you type of customer you are [Are you a business customer or a consumer?]

What follows explains when we will and when we will not be liable to you for breach of contract and explains any monetary limits to our liability.

Our responsibility for loss or damage suffered by you if you are a consumer customer

We are responsible to you for foreseeable loss and damage caused by us.

We are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract with you. 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.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, that is to say, for:

death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
defective products under the Consumer Protection Act 1987.

When we are liable for damage to your property.

If we are providing services to your instrument or other property, we will make good any damage to that instrument or other property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or supervening damage of the kinds listed in [Warranties and remedies].

We are not liable for business losses.

If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in in the statement of responsibility below applicable to business customers.

Our responsibility for loss or damage suffered by you if you are a business customer

Except to the extent provided to business customers in our [Warranties and remedies] policy for business customers all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so as described in the corresponding paragraph above “We do not exclude or limit in any way….” in this policy concerning consumers nor for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

Subject to this:

we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred and ten per cent (110%) of the total sums paid by you for products under such contract.

Customer identity

Importance of identity and verification

Instruments are highly portable, often cherished and sometimes very expensive.

From time to time, and with larger transactions, we will wish to verify the identity of the presenting customer and any third party. Please don’t be offended if we ask for identification.

A third party might be a purchasing organisation or beneficiary lying behind the presenting customer such as a school or charity represented to us by an agent or employee. A third party might be a funder rather than a buyer such as a parent, relative, trust fund, charity or grant body. A third party might be a seller such as an orchestra or the estate of a deceased.

Identity verification extends to ascertaining that a presenting customer has the authority of a third party (such as a court appointed liquidator, or grantee of probate) and that the source of funds is legitimate.

This is all part of understanding who it is we are dealing with. Verification of identity will go a long way to protect our customers, and ourselves, against:

accidental mistaken identity
impersonation or other fraud
lack of authority to instruct us/ act
loss of instruments in for repair or out on loan, hire or approval
credit mistakes
problems obtaining payment for purchase or hire.
incorrect or unlawful monies.

Be ready!

The requirements of our verification policy can arise whether buying face to face in shop or at an exhibition or by mail order (telephone, email or our website).

The requirements arise with all our customers and suppliers, business or consumer, and wherever in the world they may reside, work or have a place of business.

The requirement to verify tends to increase with the value of transaction, the number/ complexity/ opacity of third party organisations involved, and if the customer or third party is based in what is, to us, a less familiar jurisdiction.

The requirement to verify is lower where we know you and if we are dealing face to face. Before releasing an instrument the member of staff available on the day may not know you and the staff member that does may be away.

If we cannot identify and verify the parties involved, we may well have to suspend or terminate our dealings/ the contract with you. We may be unable to take a payment, effect a re-payment or to release an instrument when or as soon as you would like, or at all.

We want to assist and do business. Please therefore at an early stage be ready with:

identity information and verification as outlined in this policy covering yourself and any other parties you expect to be involved and
information about source(s) of funds and method(s) of intended payment.

When verification?

We will wish to carry out [documentary] verification in at least the following circumstances:

you wish to collect an instrument and we are not completely sure who you are
you instruct us to sell an instrument and inform us that it belongs to someone else
we are providing or facilitating credit arrangements
a third party buyer and or funder lies behind the presenting customer
an ambiguity or uncertainty arises concerning the identity of a relevant person or source of funds/ method of payment, or identity of instrument.

It may well be that where documentary verification is required we will wish to inspect more than one item.

In most cases we will not seek documentary verification of your identity for a face to face cash purchase of up to £250 (or equivalent in some other currency) in shop or at an exhibition.

Identifying an individual

Where identity or verification is required, we must obtain an individual’s given and family names (s), date of birth and residential address as a minimum.

Evidence supporting evidence of identity may be obtained electronically. Our [Privacy] policy records your consent to us running electronic searches for this purpose.

For UK customers we will seek a document or documents showing the customer’s full name and photo, with a customer’s date of birth or residential address such as:

a valid passport
a valid photo card driving licence (full or provisional)
a national identity card.

Where the customer doesn’t have one of the above documents, we may ask for

a valid and genuine identity document from an authoritative source (without a photo) which includes the customer’s full name and also secondary evidence of the customer’s address, for example an old style driving licence
recent evidence of entitlement to state or local authority funded benefit such as council tax benefit, pension, tax credit
secondary evidence of the customer’s address, that can be verified as true by an authoritative source, for example a utility bill, bank, building society or credit union statement or a most recent mortgage statement, an official letter in sufficient detail from a university the customer is attending.

Non UK.

We may seek the same types of identity documents for non UK customers as for UK residents and carry out checks to ascertain if an identity document might not be genuine. Depending upon the country of origin including the UK we must be confident, to accept the document, that the Government department or other issuing body, has robust identity proofing measures, and that the document includes security features that prevent tampering, counterfeiting and forgery.

If documents are in a foreign language, we must satisfy ourselves that they do in fact provide evidence of the customer’s identity. We may require certified translations when inspecting your customer due diligence records.

Identifying an organisation

For corporate entities, partnerships, trusts, charities and sole traders, we will wish to obtain and verify identity information that is relevant to that entity. This includes:

the full name of the company
company or other registration number
registered address and principal place of business.

We may wish to establish the names of directors or trustees (or equivalent), and to identify the ultimate beneficial owners or settlors, amongst other things.

Some information may be available from public searches and or commercial electronic searches depending upon the jurisdiction, disclosure regimes and registers maintained.

Certification of documents

If the original documents are not produced for verification, or cannot be validated with an authoritative source, then any certified document, should we require certification, must have:

a statement that the document is “Certified to be a true copy of the original seen by me” and where appropriate, “This is a true likeness of the person” from a person who is competent at document inspection and imposter detection, such as a person from a regulated industry or in a position of trust
an official stamp of the person certifying and indication of professional status
signed and dated with a printed name
occupation and address or telephone number.

Recovery of our costs

In some circumstances before proceeding with our dealing we will ask you for reimbursement of or contribution toward our costs ascertaining identity and verifying identities. These costs might be for search fees, translations, certifications and or legal opinions for example. We will consult with you in advance of incurring costs.

You must repay on demand our expenses and legal costs for:

finding your address if you change address without first informing us or finding the goods if they are not at the address given by you;
taking steps, including court action, to recover the instrument or to obtain payment for it.

Delivery Charges

Howarth of London use a variety of shipping methods to deliver items to you in the UK, European Union and the rest of the world.

Shipping costs will vary depending on the size and weight of the goods, and the distance and timescale of the delivery service required. Our shipping costs will consider the cost of the service by the courier and the cost of the materials used to package your goods securely. We want all goods to arrive to you in the condition expected (conformity to contract) and within a reasonable time frame. The timeframe will vary depending on where you are in relation to the location of dispatch. All orders are usually shipped from our London showrooms, but may also be shipped from our manufacturing site in Worthing.

Unless stated otherwise, customers will be liable for all delivery charges

UK deliveries

Standard postage.

If you place an order in person or by telephone you will be quoted the cost of shipping at the point of placing the order. If you place an order online, you will usually be given a postage cost online before placing your order. In some circumstances, we may need to confirm the delivery charge before you make payment. This may be due to the delivery location or the size and / or weight of the goods to be delivered. In this case you may place the order without payment. We will get a quote for the shipping cost and contact you by email with the quote and a payment link to complete the payment. If you do not wish to proceed based on the shipping quote, you may cancel your order as described in [Cancellations].

Enhanced postage.

For many orders, we offer enhanced delivery options, for example, tracked and guaranteed delivery times. These options are available at additional cost. These will be quoted as described in standard postage as an alternative to our default shipping option.

Returns

You are liable for any costs in returning goods to us unless your order, upon inspection does not conform to contract. We use a variety of shipping providers and take advantage of bulk collection discounts. Your return shipping costs may be more than the original shipping price paid for goods to be shipped from us to you.

If you are exercising your right to return as described in our [Returns] policy then you are entitled to a refund of the original standard postage charges. If you paid for an enhanced postage option, you will still only receive a refund for the standard postage cost.

EU deliveries

The United Kingdom left the EU Customs Union in January 2021. Postage charges are calculated as per those stated under [UK deliveries.] In some cases we may insist in tracked and/or signed-for options as the minimum standard method of shipping used for EU deliveries.

Rest of World

International shipping costs will vary significantly depending on where you are in the world. Not all shipping methods are available to all territories. If using our website, please select the country of delivery before placing your order. Where we have known shipping costs, these will be shown at the check out. In many cases we will need to investigate the correct costs and advise as soon as is practically possible. If when presented with the shipping quote, you wish to cancel your order, you may do so, as described in our [cancellations] policy. If you are ordering over the telephone, we should be able to provide you with a shipping quote at the time, but we may need to investigate and get back to you with a quote before you confirm the order. Occasionally we may have to decline your order based on local delivery issues such as:

Couriers not serving the territory
War & civil unrest
International sanctions and embargoes

In most cases, standard mail is the cheapest way of sending goods internationally. We do not offer this option for some territories where experience has shown uncertainty / unreliability with delivery using this method. When the standard method of postage is not available, we will quote to ship using a tracked courier service. Sometimes with small goods the quote may exceed the value of the goods being ordered. In this case, when you receive the quote you may choose to cancel the order.

In all cases, all packages over 2kg will be sent by tracked courier as Royal Mail is unable to handle packages over this weight.

Import costs

If ordering from outside of the UK you will pay sale prices exclusive of VAT. However, there may be import costs due in the country of delivery. In most cases, these will be paid on your behalf by the courier who will seek reimbursement from you (plus a handling fee) before they deliver the goods to you. Howarth of London is not responsible for these costs and you must satisfy yourself as to what these costs may be as advised in our [International import / export tariffs and VAT] policy. Excessive delays in settling these costs may also incur storage charges from the courier.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our website?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, or other details to help you with your experience.

Payment-card information is not collected by our website. This information is handled only by our bank when you make payment.

When do we collect information?

We collect information from you when you place an order, subscribe to a newsletter, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, browse the website, or use certain other site features in the following ways:

To personalise your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To improve our website in order to better serve you.
To allow us to better service you in responding to your customer service requests.
To administer a contest, promotion, survey or other site feature.
To process your transactions.
To ask for ratings and reviews of services or products.
To follow up with you after correspondence (live chat, email or phone inquiries)

How do we protect your information?

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Information stored on our servers is only accessible by persons who have access rights to such systems and are required to keep the information confidential.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All card-payments are processed through a secure third-party provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a website transfers to your computer through your Web browser. They allow the website to remember certain information during your visit.

For example, we use cookies to help us keep track of the contents of your shopping cart until your checkout. They are also used to help us understand your preferences on previous pages and if you “log in” as a registered user to our site.

We may also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. However, if you do this, certain sections of the website may not function as expected.

Google Analytics

We use a tool called ‘Google Analytics’ to collect information about the use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site.

We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information.

Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognising you on return visits to this site by disabling cookies on your browser.

Retaining personal information

We will retain your information on our systems when you register for an account, or allow your details to be stored by use to receive correspondence such as newsletters.

Beyond this time (or if you request your details to be removed), we shall only retain data as follows

to the extent that we are required to do so by law (including record-keeping for accounting purposes);
if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice (and the option to opt out).

At times, your data may be visible to third parties such as website hosting partners and other professionals who assist us in maintaining our website, conducting our business, so long as those parties agree to keep this information confidential.

We may also release information when its release is required to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites or any broken links.

Cookies Policy

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. Cookies can be categorised into two different types:

Temporary cookies (such as session cookies) that remain in the cookie file of your computer until you close your browser (at which point they are deleted).
Persistent or stored cookies that remain on the cookie file of your computer for a defined period of time.

The cookies we use

The cookies we use on our website are either ‘Essential’ or ‘Performance’ Cookies:

Essential cookies enable you to move around the website and access its features, such as accessing secure areas of a website or displaying personalised content.
Performance cookies allow us to count the number of visitors to our website and to see how visitors move around the website when they are using it. All counting and tracking is anonymous and movements and activity are not traced back to an individual user. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

We also use Google Analytics to collect information about your online activity on the website, such as the web pages you visit, the links you click, and the searches you conduct on the website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from and the pages they visited. For more information about the information gathered using Google Analytics please visit their Privacy Policy page.

Cookies cannot look into your computer and obtain information about you or your family or read any material kept on your hard drive and, unless you have logged onto an authenticated page, cookies cannot be used to identify who you are.

Cookies cannot be used by anyone else who has access to the computer to find out anything about you, other than the fact that someone using the computer has visited a certain website. Cookies do not in any way compromise the security of your computer.

How Google determines demographic information

When someone visits a website that has partnered with the Google Display Network, Google stores a number in their browsers (using a “cookie”) to remember their visits. This number uniquely identifies a web browser on a specific computer, not a specific person. Browsers may be associated with a demographic category, such as gender or age range, based on the sites that were visited.

In addition, some sites might provide us with demographic information that people share on certain websites, such as social networking sites. We may also use demographics derived from Google profiles.

How can you control the cookies we use?

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. You can usually activate these settings by clicking on the ‘Help’ menu in your browser. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Unless you have adjusted your browser setting so that it will refuse cookies, you will receive cookies as soon you visit our website.

Instrument Handling

Due to the Covid-19 pandemic, Howarth of London has a responsibility to all our customers and staff to prevent the risk of transmission through handling and using musical instruments.

Customer’s instruments.

All instruments coming into the shop must be pulled through and dry inside the bore before they are brought to us.
All instruments will be quarantined for 72 hours from the point of arrival and clearly labelled and marked with a red sticker to record the date and time received.
We will also treat smaller instruments with UV light as part of this process when deemed appropriate, but we consider that putting the instrument through a quarantine period is the most effective method of limiting transmission.

Instrument testing.

All testing is by appointment. All appointments must made at least 72 hours prior to your visit to allow instruments to be checked and quarantined prior to your visit.
When a customer books an appointment, a list of instruments they wish to try will be agreed. This will be subject to availability and existing bookings.

Post handling

After handling, all instruments will be disinfected with suitable disinfectant wipes on the outside surfaces.
If the instrument needs to be play tested for any reason, it will be mopped out to dry the inside by the person who played it with their designated pull through, which will be washed each evening.
The keywork and body will be wiped over with a disinfectant wipe and the instrument will be re-labelled with a new red sticker with the details of who tested it along with the date and time. A new quarantine period will be started to ensure that, as far as practically possible, the instrument is free from contamination. It is then free to be returned to a customer or tried by someone else or another member of staff.

Emergency repairs

With the relaxation of Covid restrictions, we hope to gradually increase the number of repairs we can carry out on the same day they are brought in.

Please note that we will be unable to carry out an examination of the airtightness of your instrument and other tests that involve blowing the instrument without a quarantine period.
Our repairers will also continue to wear additional PPE for same day repairs. Please call in advance to discuss your requirements and book an appointment before travelling to the shop

We will treat and handle instruments and accessories in such a way that, if COVID-19 is present, it is removed on arrival at our premises and is not (re-)introduced onto them prior to their being sold / sent to customers.

We will minimise the risk of staff bringing COVID-19 onto the premises and thereby unwittingly transmitting it to other staff, the shop premises, retail stock and our customers.

Other important terms

Are you a business customer or a consumer customer?

You could be a business customer for one transaction and a consumer customer for another. We explain the difference in [Are you and business customer or consumer?]. Please consider this information as our contract with you contained within our business terms in the places stated throughout them differs depending upon which sort of customer you are for the transaction concerned.

Record of your contract.

We will not file a copy of these terms and conditions specifically in relation to each user or customer. If/when we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference. Do this by downloading or printing off a copy of our business terms package here [Business terms package]. Saving the link will not suffice because, as explained, the text at the link will change from time to time.

Privacy and cookies and personal data.

We will treat all your personal data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.

In accordance with our [Privacy] policy, we may disclose your relevant personal information pertaining to your order, to other firms we or they work with (such as delivery service providers) in order to process, deliver your order to you, and to keep you informed of any updates regarding your order.

To read more on how your personal data is going to be handled, please read our full [Privacy] policy. In the Privacy policy, you can also find out how to stop receiving marketing information. Please also see our [Cookies] policy learn more about cookies we use, their nature, purpose and related usage of your personal data.

Intellectual property and right to use our website.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Howarth of London logos branding and get up wherever appearing and all material or content supplied as part of our website https://www.howarthlondon.com/ shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the website is made available in contemplation of making (and if necessary to make) a purchase. You may download such material and content only for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

Entire agreement.

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms or your contract.

Transfer by us of contract or guarantee.

We may transfer our rights and obligations under these terms and or under any separate guarantee we issue to you on the manufacture, sale, restoration, or repair of any instrument to another organisation in such a way as will not affect your rights under the contract.

Transfer by you of contract and or guarantee.

The rights contained in [The Howarth of London product guarantee] when issued are transferable to purchasers of the instrument in accordance with the terms set out in that policy. You may only transfer the benefit of any other contract with us or any particular rights or obligations arising under our business or otherwise to another person if we agree to this in advance and in writing.

Third parties.

The contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained above in respect of our guarantee.

Severance and survival.

If any part of our business terms shall be found by a court to be unlawful, void or unenforceable for any reason, then that provision shall be capable of being severed and separated from our other business terms and shall not affect the validity and enforceability of any other of them all of which other terms shall all remain in force.

Waiver.

If a party, the first party, fails to or does not insist immediately that the other party does something the other party is required to do under these terms, or the first party delays in taking steps against the other party in respect of the other party breaking this contract, that will not mean that the other party does not have to do those things and it will not prevent the first party taking steps within any permitted time periods expressed within these terms against the other at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Limitation of liability.

We limit our liability to you in the unlikely event we are in breach of contract towards you. Please see [Responsibility for damages suffered by our customers] policy for a detailed explanation and a difference in provision depending on whether you are a business customer or a consumer customer.

Alternative dispute resolution.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.

Language.

These terms and our contracts with customers subsist only in the English language. Any notice given under or in connection with your contract shall be in English. All other documents provided under or in connection with your contract shall be in English, or accompanied by a certified English translation. The English language version of your contract and any notice or other document relating to this agreement, shall prevail if there is a conflict except where the document is a constitutional, statutory or other official document originating in a language other than English.

Currency of contract.

The currency of payment and of account (save wherever otherwise permitted in these terms) is United Kingdom sterling. Please refer to [International – currency, payments and delivery] if our preferred currency is a currency other than sterling.

Law and jurisdiction.

Our business terms on which you purchase from us and we sell or provide goods and services to you shall be subject to English law. All claims or disputes arising in relation to or in connection with any contract (any order for goods or services under these terms) shall be governed by English law. If a business customer you irrevocably submit to the exclusive jurisdiction of the courts of England. If a consumer customer you may bring a claim to enforce your consumer rights in connection with these terms before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection. In addition, you are also entitled to bring a claim before the Courts of England and Wales if you prefer.

Serving notice on us.

If a consumer customer you wish to bring a claim before a court in your resident country, and in all other cases, please use the following service address: General Manager, Howarth of London Limited, 31 Chiltern Street, London, W1U 7PN, UK.