A. Hanna & Sons Pianos Terms of Business
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (site) or in person at our shop to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site or purchasing a Product from us. Please note that before placing an order on our site you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time and we will notify you of any significant changes. These Terms were last updated on 1 April 2016.
Every time you order or purchase a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.
1.1 We operate the websites www.hanna-pianos.co.uk and https://www.hannapianos.com. We are A. Hanna & Sons Pianos Limited, a company registered in England and Wales under company number 4971200 and with our registered office at 94 Kingston Road, Wimbledon, London, SW19 1LA. Our VAT number is GB 835 3655 15.
1.2 If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing email@example.com or telephoning us on 020 8540 5541.
1.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products.
2.2 Your Products may vary slightly from those images.
We are the owner or the licensee of all intellectual property rights in our brochures or site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that payment of the Products has been received (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
4.4 Whilst we do try to keep our site up to date so that items on it are in stock, sometimes items sell out quickly and, when this happens, we will try our best to source you the Product or offer alternatives. Please note that holding items in your basket does not secure stock, once your order has been completed your stock will be allocated.
4.5 If we are unable to supply you with a Product, we will inform you of this by e-mail or by telephone and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
4.6 Please note, we may not accept your order if:
4.6.1 a Product you have ordered is out of stock;
4.6.2 we are unable to obtain authorisation for your payment; or
4.6.3 if we identify a Product or pricing error.
4.7 We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
5.1 If you are a consumer based in the European Union, you have a legal right to cancel a Contract which has been made online, which starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Your deadline for cancelling the Contract is then as follows:
End of the cancellation period
Your Contract is for a single Product.
The end of the cancellation period is the end of 14 days after the day on which you receive the Product.
Your Contract is for multiple Products which are delivered on separate days.
The end of the cancellation period is the end of 14 days after the day on which you receive the last of the Products ordered.
5.2 However, if you purchase a Product which is ‘made to order’ or personalised in any way, you will have no right to cancel a Contract.
5.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You may use a copy of the form which is set out at the bottom of these Terms. You can also e-mail us at firstname.lastname@example.org.
5.4 If you cancel your Contract we will:
5.4.1 refund you the price you paid for the Product less a reduction in price to reflect any reduction in the value of the Product that has been caused, in our opinion, by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
5.4.2 if your Product had been delivered to you by Standard Delivery (as defined below) and you incurred the costs for this, we will refund you these costs based on the least expensive delivery option; and
5.4.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 5.7; and
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
5.5 If you have returned a Product to us under this clause 5 because it is faulty or mis-described, we will refund the price of the Product in full, together with any Standard Delivery charges you may have incurred, and any reasonable costs you incur in returning the item to us if by post, or if the Product is unable to be returned by post, we will arrange collection from you from the point at which Standard Delivery of Product was, or would have been, completed at your delivery address.
5.6 We will refund you via the payment method you used to pay.
5.7.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and
5.7.2 if the Product was delivered to a UK address: we will be responsible for collecting the product from you or for the costs of returning the Product to us via Standard Delivery from where Standard Delivery of the Product was, or would have been, completed at your delivery address.
5.7.3 if the Product was delivered to an address outside of the UK: unless the Product is faulty or not as described (in this case, see clause 5.5) you will be responsible for the cost of returning the Product to us. If the Product is one which can be returned by post, we recommend that you use the carrier which delivered the Product to you and assume that these costs will not exceed the sum you were charged for delivery. If we have offered to collect the Product from you, we will charge you the cost of us collecting it from the point at which the Product was delivered, or would have been delivered, by Standard Delivery at your delivery address.
5.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 5 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
6.1 Provided your Product is not ‘made to order’ or personalised in any way, you may contact us to end your Contract for a Product at any time before we have dispatched your Product, but in some circumstances we may charge you for doing so, as described below. This clause 6 does not affect your right to cancel where a product is faulty or mis-described.
6.2 If you are ending a Contract for a reason set out at 6.2.1 to 6.2.4 below the Contract will end immediately and we will refund you in full for any Products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
6.2.2 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;
6.2.3 there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control; or
6.3 If you are not ending the Contract for one of the reasons set out in clause 6.2, then the Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
7.1 We will contact you with an estimated delivery date, which will be within 30 days or any other agreed amount of time following the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order) or when you purchased the Product from us in person at our shop. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
7.2 You own a Product once we have received payment in full, including all applicable delivery charges.
7.3 Your Products may be delivered via two delivery methods:
7.3.1 Standard Delivery: this is delivery of your Product to a delivery address in the UK mainland either by post or, if it is too big to post, delivery to the ground floor of your UK mainland delivery address (or as otherwise agreed) assuming that we have reasonable access to do so and we do not have to take the Product up any more than 3 steps before completing delivery; and
7.3.2 Enhanced Delivery: this is the delivery of your Product to anywhere outside of UK mainland via post, or, if your delivery address is in the UK mainland but you do not want us to, or we do not have reasonable access to, deliver the Product to the ground floor of that address. For example, delivery to the first floor of your house where your Product needs to be delivered via a crane, or where scaffolding needs to be erected in order to deliver your Product through a window or when the Product needs to be taken up any more than 3 steps.
7.4 If you are unable to accept delivery of the Products on the agreed date of delivery, we may charge you for any costs of returning the Product to us, storage, insurance and re-delivery that we incur.
7.5 Delivery of an order shall be completed upon first attempt of Standard Delivery (or Enhanced Delivery if agreed) of the Product to the address you gave us (or a carrier organised by you collects them from us) and the Products will be your responsibility from that time.
7.6 If you are a mainland UK customer, we offer Standard Delivery of your Products free of charge unless otherwise advised.
7.7 Any costs for Enhanced Delivery will be in addition to the price paid for your Product. Please contact us for a quote for Enhanced Delivery.
7.8 If you are a consumer based in the European Union, you have legal rights if we deliver a Product late. If we miss the delivery deadline for a Product then you may treat the Contract as at an end straight away if any of the following apply:
7.8.1 we have refused to deliver a Product;
7.8.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.8.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
7.10 If you do choose to treat the Contract as at an end for late delivery under clauses 7.8 and 7.9, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and any costs of Standard Delivery. If the Products have been delivered to you, you must either return them in person to us, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection from the point of Standard Delivery. Please call us on 020 8540 5541 or email us on to email@example.com to arrange collection.
8.1 We deliver to customers worldwide.
8.2 If you order a Product from our site for delivery to a destination outside the mainland of the United Kingdom, this will be deemed as Enhanced Delivery and the cost of delivery will be in addition to the price paid on our site and we will contact you to organise delivery and provide you with a quote for such Enhanced Delivery. Your order will not be dispatched until we have received full payment of the delivery charges.
8.3 Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes.
8.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9.1 Subject to the remainder of this clause, the prices of the Products will be as quoted on our site at the time you submit your order.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product is always quoted in Pounds Sterling and includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
9.4.1 where a Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching a Product to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide a Product to you at the incorrect (lower) price; and
9.4.2 if a Product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If you have already paid for the Product, we shall refund the full amount within 30 days of the date of your order.
10.1 You can pay for Products using PayPal, WorldPay or bank transfer online, debit or credit card, or cash at the point of purchase in store.
11 Tuning service
11.1 If you are a UK mainland customer and we arrange delivery of a piano bought from us to you, we will provide a complimentary tuning service included in the price paid (unless otherwise advised) on our site. If you are not a UK mainland customer, our tuning service can be bought separately.
11.2 Please contact us to book our tuning service and to find out our up to date prices of such service.
11.3 Once a tuning service has booked with us, whether it is a complimentary tuning service or a separate service, cancellation of your appointment must be made giving at least 3 working days’ notice prior to your appointment date otherwise you will be liable for the cost of the appointment based on our advertised prices at the time.
12 Our liability
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
12.2 You agree not to use any Product for any resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5 defective products under the Consumer Protection Act 1987.
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including the cost of Standard Delivery.
14.1 Rather than purchasing a Product from us online, you may hire a Product from us by visiting us in our shop our contacting us on 020 8540 5541 or firstname.lastname@example.org.
14.2 We will provide you with a Hire Agreement which will govern the terms of your hire arrangement with us in addition to these Terms.
14.3 If you hire a piano from us, you must:
14.3.1 not move or tamper with the piano in any way without our prior consent; and
14.3.2 keep the piano in a dry room at a temperature between 10 degrees Celsius and 25 degrees Celsius and with humidity between 40% and 70%.
14.4 If you hire a piano or any other Product from us, you must:
14.4.1 be fully responsible for any loss or damage to it and notify us immediately should any loss or damage occur to it;
14.4.2 insure it on a comprehensive basis (without an excess fee) up to its full replacement value against any theft, loss or damage caused to it. Should any theft, loss or damage be caused, we shall have the right to make a claim against this insurance policy;
14.4.3 not sell, rent or otherwise dispose of it;
14.4.4 not use it for any purpose for which it is not intended; and
14.4.5 not remove, change or conceal any name or mark identifying the manufacturer of it.
15 Hire purchase and finance funded purchases
You are also able to purchase Products from us on a ‘hire purchase’ or ‘finance funded’ basis. Please visit us at our shop or contact us on 020 8540 5541 or email@example.com to discuss these purchase options with us.
16 Complaints and alternative dispute resolution
16.1 If you have a complaint, please contact us on 020 8540 5541 or at firstname.lastname@example.org.
16.2 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. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution (CEDR). Information on the CEDR can be found at www.cedr.com and they can be contacted on 0207 520 3800. The CEDR will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.
16.3 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
17 Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
17.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 These Terms are governed by English law. This means a Contract for the purchase of a Product through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
Please copy and paste the form below, complete the details and return the form either by registered post to or by email to email@example.com.
(Complete and return this form only if you wish to withdraw from the contract)
A. Hanna & Sons Pianos Limited
94 Kingston Road,
London, SW19 1LA
I [NAME] hereby give notice that I cancel my contract of sale of the following goods [SPECIFY GOODS],
Ordered on [DATE]/received on [DATE],
Name of consumer,
Address of consumer,
Signature of consumer (only if this form is notified on paper),