This website is operated by Celeste Mechanical Music (referred to as "CMM/we/our/us"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below. Please:
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 Any order placed by you either via this web site, by email, telephone or any other method is subject to these terms and conditions.
2. Order process
2.1 All orders that you place on this website, by Email, telephone or any other method will be subject to acceptance in accordance with these terms and conditions.
2.2 We reserve the right to refuse to accept an order.
2.3 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.
3.1 Delivery charges and estimated timescales are specified on the ordering pages of this web site or may be stated in communications with you. We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. CMM shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.2 Where goods are priced including postage it is only to the UK mainland, for postage to any other location please contact us before ordering. The means of postage is at our sole discretion.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
3.4 If you receive a package that is damaged you must notify the delivery agent and not sign that the item is undamaged. If an item is damaged in the post please follow the returns policy described in section 5.
4.1 We take payment from your PayPal account at the time we receive your order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by PayPal can be found on the PayPal website.
4.2 All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order or the price quoted in communications with you. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 Payment for items purchased on this web site can only be made by PayPal; we cannot accept cheques, postal orders or other methods of payment.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in £s sterling, we are not VAT registered.
5. Warranty, Returns, Cancellations and Substitutions
5.1 All our products are warranted to be free from manufacturing defects for a period of 12 months from delivery to you. This warranty specifically excludes:
5.2 Before you return an item for any reason you must contact us to obtain approval for the return, explaining exactly which items you wish to return and why. If we agree to the return you must return the item at your cost, in suitable packaging to prevent damage. We may ask you for further evidence of the problem, such as a digital photo, and in some cases it may be possible to supply a replacement without returning the item.
5.3 If we agree the item is covered by warranty we will either repair or replace the item, at our sole discretion, and reimburse you for the cost of the return postage. If you return an item that is not covered by warranty you will have to pay the cost of posting it back to you, this is why we ask you to contact us before returning an item.
5.4 Cancellation of an order can be accepted if we have not begun to manufacture goods to your specification, once we have begun manufacture cancellation is at our sole discretion and subject to you reimbursing us for any costs incurred.
5.5 Under the Distance Selling Regulations you may return goods to us within 7 working days of receipt, in which case you must pay for return postage and the goods must be returned in an unused and undamaged condition. Items which are made to your specification are exempt from this 7 day return period and may only be returned if found to be damaged or faulty. Items which are made to your specification are clearly marked on this web site.
5.6 We will never supply a substitute item without first contacting you and obtaining your agreement.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website 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.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and 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.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, CMM will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. CMM will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and CMM accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, CMM will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
7.5 Notwithstanding the above, subject to Section 7.1 CMMs aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected and manufactured our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 CMM shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by CMM.
8.6 CMM reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by CMM to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of CMM.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and CMM relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and CMM for your use of this website.
9.1 Any personal information you provide to us will be used solely for the purposed of providing the goods or services you have ordered and warranty support for them.
9.2 We will not sell, distribute or lease your personal information to third parties unless we are required to do so by law.
9.3 If you purchase goods or services via PayPal they will supply us with your name and address on your behalf, they never supply your financial information to us.
This web site is owned and operated by
Celeste Mechanical Music
13 Outgaits Lane