As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 (0) 7860 153950.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Resuface Ltd a company registered in England and Wales under number 10269789, whose trading and correspondence address is at 20 – 22 Wenlock Road, London, N1 7GU and whose registered office is at 7 Victoria Street, Englefield Green, Surrey, TW20 0QY, with email address info@resurface.audio and telephone number+44 (0) 7860 153950 (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I’ve read and accept the ‘terms & conditions‘. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website https://resurface.audio/ on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy, details of which are listed here https://resurface.audio/privacypolicy
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post, you granted consent to this when you became a member of the Resurface website.

Basis of Sale

18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 28 days from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, for example by giving you rights as a business.

24. Used mixing consoles and control surfaces purchased through Resurface Ltd, or via contact made through the resurface.audio website are not covered by any form of guarantee, manufacturers or otherwise. Unless expressly stated by the seller in their terms and conditions for that transaction.

25. All pre-owned items are sold strictly as seen, we recommend that the buyer satisfies themselves with the condition and operational capability of any item they are considering purchasing. Due to the pre-owned and likely previous professional use of the items sold by resurface Ltd or represented on resurface.audio Resurface Ltd does not offer any form of guarantee. 

    To reduce any inherent risk in a pre-owned purchase we recommend examination by an engineer experienced with the brand of mixing technology on offer. We would be happy to introduce you to a suitable engineer if you do not have access to someone appropriate, please contact us at info@resurface.audio for more information.

26. For items listed in the marketplace by third parties any period of sale or return is agreed between the seller and buyer and is not in any way guaranteed or insured by Resurface Ltd. Whilst we will endeavour to assist in a dispute resulting from a purchase made via contact on the resurface.audio website, or through introduction by contact with employees of Resurface Ltd, Resurface Ltd is not responsible for reimbursement or compensation deemed necessary by any party involved in any transaction therein arranged.

27. Due to the nature of variation in age and reliability of the pre-owned items for sale any pre-owned item purchased directly from Resurface Ltd will be subject to terms of sale as described on the invoice for that purchase specifically.

28. Resurface Ltd cannot be held liable for any claims from customers, or from third parties, for losses resulting from the failure of any goods supplied via a purchase on the Resurface.audio website or directly from Resurface Ltd. Buyers should satisfy themselves that the goods being purchased are suitable for the purpose for which they are being purchased.

Price and Payment

• The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
• Web store prices and charges exclude VAT, which is charged at the rate applicable at the time of the order
• As advertised console listings are subject to VAT at their local territorial rates and transactions between countries and VAT registered entities vary, it is the buyer and sellers responsibility to understand and adhere to their local VAT and customs duty regulations for any transaction undertaken.
• You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

• Prices converted using the online tool within this site are for guidance only. Precise pricing in your local currency will be determined by the exact foreign currency ale price and exchange rate provided by your bank at the point of any transaction, please be aware there may be currency exchange and transaction costs associated with international money transfers.

Delivery

24. 24. 27. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
        28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
            1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
            2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
        29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
        30. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
        31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
        32.  If you order Goods from our site for delivery to an international delivery destination outside of the United kingdom, your order may be subject to local import duties and taxes which are applied when the delivery reaches that destination, we will not pay these charges. Please note that we have no control over these charges and we cannot predict their amount and as such any additional charges are your liability of as the buyer an importer of the goods purchased, if you are in doubt as to the cost of local duties and your liabilities and ability to pay them please consult your local Customs office and do not proceed with your purchase.
        33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
        34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
        35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you
37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

38. You can with draw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
    1. goods that are made to your specifications or are clearly personalised
    2. goods which are liable to deteriorate or expire rapidly.

40. Also,the Cancellation Rights for a Contract cease to be available in the following circumstances:a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
43. To exercise the right to cancel,you must in form us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
44. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://resurface.audio/. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:a. 14 days after the day we receive back from you any Goods supplied, orb. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
49. If we have offered to collect he Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 7 Victoria Street, Englefield Green, Surrey, TW20 0QY without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
52. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.For the purposes of these Cancellation Rights, these words have the following meanings:

Conformity

53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
54. Upon delivery, the Goods will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
55. It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

56. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

57. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Excluding liability

58. The Supplier does not exclude liability for:
    1. any fraudulent act or omission; or
    2. for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
    3. Subject to this, the Supplier is not liable for
       1. loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
       2. loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

59. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
60. We try to avoid any dispute, so we deal with complaints in the following way: In the event that a customer finds fault with their purchased item or service they must contact us with 14 days of receipt of the goods or service. We will endeavour to respond to contact within 24 hours and endeavour to resolve any arising dispute with 7 days of that contact.

Attribution

61. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
62. Model cancellation Form:To:
    Resuface Ltd
    7 Victoria Street Englefield Green Surrey
    TW20 0QYEmail address: info@resurface.audio Telephone number: +44 7860 153950I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)Name of consumer(s): Address of consumer(s):Signature of consumer(s) (only if this form is notified on paper)Date
    [*] Delete as appropriate