TERMS & CONDITIONS
The terms and conditions below apply in the case of sales of goods made from this website. Our terms and conditions for purchases made from one of our catalogues, over the phone, by mail or any other means will likely differ and should be referred to separately.
You should understand that by ordering any of our products using this site, you agree to be bound by these terms and conditions.
Consumer Contract Regulations 2013 and Distance selling regulations.
Our terms and conditions were amended in June 2014 in order to effect some changes in the Consumer Contract Regulations 2013 which have replaced the Distance Selling Regulations 2000.
Tom & Will subscribes to the Consumer Protection from Unfair Trading Regulations 2008 which can be viewed by clicking here.
Nothing in these Terms and Conditions shall affect your statutory rights under the law of England. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
How the contract is formed between you and Tom & Will
After placing an order, you will immediately receive an email from us acknowledging that we have received your order - this is not an acceptance, simply an acknowledgement of your order.
All orders are subject to acceptance by us, we will confirm acceptance to you by sending a second email at which time the contract between us will be formed and we will confirm delivery and payment details.
You can pay for your purchases with MasterCard and Visa credit and debit cards, PayPal and Pay with Amazon. You can also apply for a credit account - see following section.
Credit accounts for schools and recognised institutions
Schools, colleges, universities, music hubs and some commercial institutions can apply online for a credit account - simply complete your order and select "credit account" when choosing payment method. You will be asked to provide some information which will be verified once we receive your order. Most UK schools have 30 day credit accounts with Tom & Will and most schools settle their accounts by BACS.
We take your security seriously - when you give us your personal information and payment details they will be securely encrypted before they are transmitted over the Internet or stored on our computers. This makes your card details completely undecipherable by anyone except us. And as soon as the order has been processed, your card details are automatically deleted from our computer.
Title to Goods
Tom & Will retains full title to all goods supplied until paid for in full including delivery charges however products will be at your risk from the time of delivery. In the event of the customer's insolvency Tom & Will reserves the right to reclaim goods for which full payment has not been made.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly be by electronic means. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Drawings, photographs and descriptions
We aim to provide as accurate information as possible. All drawings, photographs, video clips, descriptions and advertising are issued or published solely to provide you with an approximate idea of the products they describe. They do not form part of the contract between you and us.
VAT and other taxes
Books and sheet music are zero-rated for VAT in the UK; most other items are rated at 20%. Where VAT is applicable, it will be charged at UK rates even if you have registered as a non-UK customer. We are required by law to collect VAT at UK rates on orders despatched to countries within the European Union.
If you order products from our site for delivery outside of the EU, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of such charges. You should also be sure to comply with all applicable laws and regulations of the country for which the products are destined - we will not be liable for any breach by you of any such laws.
Delivery and Carriage
We will deliver your goods within a couple of days if in stock, or normally within one week if not. If you need delivery by a certain time please state this on your order and we will very likely be able to oblige.
If for some reason we have not delivered your order within the time specified please contact us and we will immediately do our best to solve the problem.
For details of our carriage arrangements and charges please click here.
The prices published on Tom & Will's website apply only to orders placed over the Internet. Do not necessarily expect to see the same prices if you visit our retail shop in Haslemere Surrey where our prices might be a little different.
With such a large catalogue of items in our database it is inevitable that from time to time there will be errors in pricing caused either by our mistake or by errors in the data sent to us by manufacturers and publishers. If this means that your order would cost more than anticipated we will check with you by email before processing your order. If the price increase is small, we may at our discretion decide to absorb the increase ourselves.
RETURNS AND CANCELLATION
If the goods you receive are faulty please return them to us in their original condition within 30 days and we will either repair or replace them, or refund the cost of the goods. If the goods you receive are not what you ordered, please return them to us in their original condition within 14 days and we will either replace them with the goods you ordered, or refund the cost of the goods and carriage. In addition to the above, you may in most cases return any goods within 14 days of receipt without giving any reason. However there are a few unavoidable exceptions to this, as follows:
Sealed audio or video recordings and computer software cannot be returned unless returned still sealed. For reasons of hygiene we cannot accept returns of reeds, mouthpieces, microphones, wind and brass instruments and other similar items, unless returned unopened in their original packaging. Strings must still be as new, in their original envelopes, and must not have been wound onto an instrument. Digital pianos and electronic keyboards, amplifiers and all electronic products can normally only be returned if they have not been removed from their original packaging and/or assembled, since assembly and disassembly makes these items very obviously "used".
Please call us before returning any goods.
If you choose to return any goods you must ensure that the goods are properly packaged and sent at your cost by a secure carrier: it is your responsibility to take reasonable care to ensure that they reach us undamaged. If you do not pay for the cost of return then we may deduct the cost of retrieving the goods from any refund due to you in respect of the order. We recommend that you use a recorded delivery service for all returns.
If a refund is due to you it will be made expeditiously and within 30 days.
Returning a product under the Electronic Equipment (WEEE) Directive
Unwanted electrical equipment is the UK’s fastest growing type of waste. Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and human health.
All new products covered by WEEE regulations have a crossed out wheelie bin symbol displayed on the product or packaging:
Older products may not have this symbol but can still be recycled.
How to recycle your old electrical equipment
As a retailer of WEEE musical equipment we are obliged under WEEE regulations to offer our customers free take-back of their WEEE on a like-for like basis when purchasing a new Electrical or Electronic product from us.
Customers must return their WEEE item(s) to Tom & Will within 28 days of purchasing their new item. This can be done in store, or you can send the item to*:
Tom & Will
Surrey GU27 1HN
*Please note we are unable to reimburse customers any postage costs.
Customers can also choose to take WEEE to their local recycling site. You can find your closest participating collection site by entering your postcode at www.recycle-more.co.uk.
Any queries can be directed to firstname.lastname@example.org.
Warranty and Guarantees
The minimum warranty / manufacturers guarantee for products sold on this site us for a period of one year. Many products have a longer warranty period and this will be stated on the page where such products are advertised.
Non-delivery of goods
If your goods are not delivered to you within 14 days of the despatch date you must notify us immediately, otherwise we cannot accept responsibility for the lost goods. You will be notified of the despatch date by email shortly after we have received your order.
Damage in transit
Any claim arising from damage in transit must be made to Tom & Will within 3 days of receipt of the goods. Please check the cases and contents immediately upon receipt, and before signing for them. Goods seen to be damaged should be signed "Damaged in transit" and packaging materials should be preserved for inspection. Damaged goods must be reported within 3 days of delivery otherwise Tom & Will cannot accept responsibility. If unsure sign for goods as unexamined.
Frederick Hyde Limited respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how Frederick Hyde Limited collects and processes your personal data through your use of this website, including any data you may provide through this website when you purchase a product or service or take part in a competition.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Frederick Hyde Limited is the controller and responsible for your personal data (collectively referred to as ”Frederick Hyde Limited”, “we”, “us” or “our” in this privacy notice).
We have appointed a Data Compliance Officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice please contact the Data Compliance Officer using the details set out below.
Our full details are:
Full name of legal entity: Frederick Hyde Limited
Email address: DCO@frederickhyde.com
Postal address: Frederick Hyde Limited, 70 Weyhill, Haslemere, Surrey, GU27 1HN UK
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
The data protection law in the UK will changed on 25 May 2018. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data [first name, maiden name, last name].
- Contact Data [billing address, delivery address, email address and telephone numbers].
- Transaction Data [details about of products and services you have purchased from us].
- Technical Data [your IP address and information from cookies (stored temporarily)].
- Marketing and Communications Data [your preferences in receiving marketing from us].
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased [goods or services] from us [or if you provided us with your details when you entered a competition or registered for a promotion] and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside the [COMPANY] group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by Contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do not transfer your personal data outside the European Economic Area (EEA).
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please Contact us
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Your legal rights
You have the right to: Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Protecting your security
We may undertake a search with Experian or another credit reference agency for the purposes of verifying your identity if and only if you place an order. To do so Experian may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use the details in the future to assist other companies for verification purposes. A record of the search will be retained.
If you have any complaint about our service, please e-mail or telephone us - we want to know if and when we go wrong. We will treat your complaint fairly and confidentially, and we will endeavour to respond to all complaints by return.
All Web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Web site are copyright Tom & Will, or their content and technology providers. All rights reserved. Permission is granted to copy and print portions of this Web site for the sole purpose of placing an order with Tom & Will. Any other use of materials on this Web site without the prior written permission of Tom & Will is strictly prohibited.
Your use of the Tom & Will website and any purchase of any products using the Tom & Will website will be governed by English Law and will be deemed to have occurred in the United Kingdom.
To the fullest extent permitted by law, Tom & Will is providing this web site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this web site or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Tom & Will does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Tom & Will nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Tom & Will does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Tom & Will, its affiliates, directors, employees or other representatives.
Tom & Will is a trading name of Frederick Hyde Limited.
All returns and correspondence should be sent to our offices in Haslemere as follows:
Tom & Will
Surrey GU27 1HN
Tel: (01428) 658806
Fax: (01428) 658807
VAT registration number: GB737057230
Company registered in England and Wales, number 3112115