Terms and Conditions for the Sale of Goods
You will be asked expressly to agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site. In order to indicate your acceptance of these terms and conditions, you must click the checkbox on order confirmation page during the checkout process.
(1) Definitions and interpretation
In this Agreement 'we' means Maynard's Groovy Bible Tunes (and 'us' and 'our' shall be construed accordingly); and 'you' means the relevant customer or potential customer as the case may be (and 'your' shall be construed accordingly).
In this Agreement, the following definitions shall apply:
'Agreement' means this agreement incorporating any terms set out in our Acknowledgement Email;
'Acknowledgement Email' means the email acknowledgment which we will send to you after receiving your Order;
'Music or Video Download' or 'Digital File' means a digital computer file containing encoded music and / or video information in any format;
'Order' means your order for Products made via the Site;
'Products' means goods which may be purchased by you from the Site;
'Site' means the website at www.maynardgroovytunes.co.uk or any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an 'invitation to treat'; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps: (i) you must add any the Products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your Order and your consent to the terms of this Agreement; (iv) where payment is required you will be transferred to the Paypal website, and Paypal will handle your payment; (v) we will then send you the Acknowledgment Email, at which point this Agreement will become a binding contract.
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by checking the order details on the confirmation page. You may correct those input errors before placing your Order by clicking the appropriate links.
(3) About us
Our full name is Maynards Groovy Bible Tunes. Our principal trading address is The Rectory, London Road, Morden, SM4 5QT, UK. Our email address is info (at) maynardsgroovytunes.co.uk
(4) The Products
Maynards Groovy Bible Tunes sells CDs and downloads relating to the songs on the website www.maynardsgroovytunes.co.uk
(5) Price and payment
Prices for Products are quoted on the Site.
In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated during the checkout procedure.
If paying by PayPal, payment must be made immediately. If paying by cheque (UK customers only), we will withhold the products until payment is received in full in cleared funds. If such payment is not received within 28 days of the order date, we will terminate this agreement.
The prices on the Site include any value added or sales taxes (where applicable).
Payment for all Products must be made by any method detailed on the Site from time to time.
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
Downloadable files will be available immediately upon completion of payment, from the order completion page, or from the "Downloadable Products" page in 'My Account'.
We will arrange for Non-downloadable products to be delivered to the address for delivery indicated in your Order.
Products are usually dispatched within 3 working days of the date of the Acknowledgement Email, and We will use reasonable endeavours to dispatch Products within 14 working days of the date of our Acknowledgement Email. However, we cannot guarantee delivery by any particular date.
(7) Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).
(8) Use of Downloaded Music and Video Files
By purchasing a Music or Video download you agree to abide by the license provided herein in regard to the downloading of music or videos from this website.
Any download purchase of a digital musical or video file from this website shall entitle you to personal use of such digital file throughout the world for the life of the copyright of the video and/or sound recording and the musical work embodied in the video and/or sound recording
Your use of any purchased digital file shall allow you to transfer the file to your own computer, portable music device or to burn the same on a CD, DVD or other digital music storage media, but shall not entitle you to transfer such digital file to any third party or to place such digital file on a peer-to-peer network or to transfer such digital file to any media that is not solely owned and controlled by you.
You acknowledge and agree that to violate these terms shall constitute a copyright infringement under applicable laws, and legislation set by all signatories to the international Berne Convention for the Protection of Literary and Artistic Works.
You also agree to not sell or rent the digital file purchased on this website or participate in any activity where the digital file is the sole element in securing financial gain.
All the materials on this website are available for personal use, or use within a church or school related context. Further distribution, resale or broadcasting is prohibited.
(9) Consumer rights
You may cancel this Agreement at any time within 7 working days after the day you received the Products (subject to the limitations set out below).
You will not have any such right insofar as this Agreement relates to: the supply of any Products which constitute audio or video recordings or computer software which have been unsealed by you.
If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not return to the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
(10) Defective Products
You may also cancel this Agreement if the Products supplied are defective.
Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(13) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(14) General terms
Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time - providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
These terms of sale are based on a template
created and distributed by www.website-law.co.uk.