Terms & Conditions
Please read these terms and conditions carefully, they contain important
information about your rights and obligations.
1. Introduction
1.1 Please read carefully these terms and conditions which solely apply to orders placed on http://warwickmusic.com and http://shop.pbone.co.uk before using the service operated by Warwick Music Ltd (Warwick Music, our, we or us) of Dot Com House, Broomfield Place, Coventry, CV5 6GY, United Kingdom company number 4371344 and Vat registered number GB-781 7449 92. In particular, we draw your attention to clause 9 (Liability). By ordering you indicate you have read and you agree to be legally bound by these terms and conditions..
2. Nature of our service
2.1 Our service allows you to select and order music related items which you
might consider are appropriate for you and ancillary products (the ?Products?).
Our website describes the Products in more detail.
2.2 Please note that our service is available only to individuals that can form
legally binding contracts under applicable law. The contents of our website are
suitable for and thus aimed at users of over 18 years of age, you must be over
18 years to purchase the Products, using the payment method displayed on our
website.
2.3 If viewing or ordering from us is illegal in the country in which you are
doing so, you are not authorised to do so.
3. Buying products
3.1 To order a product you will need to follow the ordering procedures set out
on our website or elsewhere. Details of our prices for the Products, and the
procedures for payment and delivery are displayed on our website.
3.2 Any times or dates stated for delivery are estimates only, given the
distances, security and varying customs rules that may be involved. Warwick
Music will make all reasonable effort to deliver goods within the time
specified, but does not accept liability for any failure to deliver within that
time.
3.3 You must pay by credit or debit card (or as shown on the Order page) at the
time of order. The price of any Product is the price in force at the date and
time of your order. We may change the price of any Product before you place an
order. We try to ensure that our prices displayed are accurate but the price on
your order will need to be validated by us as part of the acceptance procedure
(see clause 3.4 below). We will inform you if a Product?s correct price is
higher than that stated in your order and you may cancel the order and decide
whether or not to order the product at the correct price.
3.4 Warwick Music is entitled to refuse any order placed by you. If your order
is accepted, we will confirm acceptance to you by online electronic or other
convenient means (?Confirmation?) to the e-mail or other address you have given
us on registration or on ordering. The order will then be fulfilled by the date
set out in the Confirmation or, if the Confirmation does not contain such a
date, within 30 days.
3.5 You undertake that all details you provide to us for the purpose of
purchasing goods or services which may be offered by us will be correct, that
the credit or debit card, or any electronic cash, which you use is your own and
that there are sufficient funds or credit facilities to cover the cost of any
goods or services. We reserve the right to obtain validation of your credit or
debit card details before providing you with any goods or services.
4. Cancellations, Satisfaction and Returns
IF you are a consumer:
4.1 Cancellations. You may cancel the order at any time before shipping has
commenced (this date varies with destination) but only by contacting us on
(024) 7671 2081 (International: +44 24 7671 2081). We will refund the money
paid to us less an admin charge (which covers amongst other things our payment
to the credit card companies) of £10 or 2% of the total price paid to us
whichever is the higher.
4.2 Not satisfied. If you are not fully satisfied with any goods, please e-mail
us at sales@warwickmusic.com
4.3 Faulty goods. If the goods are faulty (or not what you ordered) we will be
happy to issue you with a returns number and thus a refund.
4.4 Return of goods that are not faulty. We regret we cannot accept the return
of any used, personalised or unwrapped software. But other goods if in original
packaging and fit for re-sale may be returned and you have the right to do so
within 7 days of delivery to you for a full refund by giving us notice in the
way set out in 4.2
4.5 All returns must be made at your cost within 7 days of receiving your order.
Once we have received and checked the goods we will offer you an exchange or
offer a refund to your credit card within 14 days.
IF you are a business:
4.6 Cancellations. You may cancel the order at any time before shipping has
commenced (this date varies with destination) but only by contacting us on
(024) 7671 2081 (International: +44 24 7671 2081). We will refund the money
paid to us less an admin charge (which covers amongst other things our payment
to the credit card companies) of £10 or 2% of the total price paid to us
whichever is the higher
4.7 Faulty goods. If the goods are faulty (or not what you ordered) we will be
happy to issue you with a returns number and thus a refund.
4.8 All returns must be made at your cost within 7 days of receiving your order.
Once we have received and checked the goods we will offer you an exchange or
offer a refund to your credit card within 14 days.
5. Modifications to product descriptions
5.1 We reserve the right to make changes or corrections, alter, suspend or
discontinue any aspect of our service or the content or services available
through it, including your access to it. Unless explicitly stated to the
contrary, any new features including new content and/or the sale of new
Products shall be subject to these terms and conditions.
5.2 Please note that although we try to ensure that the content of our
promotional material is accurate, it may contain typographical errors or other
inaccuracies.
6. Information you provide to us
6.1 The following applies to any information you provide to us, for example
during any registration or ordering process:
- You authorise us to use,
store or otherwise process any personal information which relates to and
identifies you, including but not limited to your name and address, to the
extent reasonably necessary to provide the services which are available through
us, our partners, successors (including the purchaser of the whole or part of
our business), associates, sub-contractors or other third parties (together our
?Partner Companies?). These Partner Companies may (but at the date of writing
these terms are not) be located in countries outside the EEA that do not have
laws to protect your information. Details of the companies and countries
involved in your case will be provided on request. If you would like to request
such information or review or modify any part of your personal information then
you should e-mail us at sales@warwickmusic.com
- If you obtain or choose
to buy Products then we may collect information about your buying behaviour and
if you send us personal correspondence such as e-mails or letters then we may
collect this information into a file specific to you (together, the various
purposes set out in this paragraph and in our privacy policy shall be known
as ?the Purposes?). All such information collected by us shall be referred to in
these terms and conditions as ?Personal Information?.
- You must ensure that the
Personal Information you provide is accurate and complete and that all ordering
or registration details (where applicable) contain your correct name, address
and other requested details. For more information about how we deal with your
Personal Information, please read our privacy policy.
6.2 By accepting these terms and conditions, you agree to the processing and
disclosure of the Personal Information for the Purposes. If you would like to
review or modify any part of your Personal Information then you should e-mail
us at sales@warwickmusic.com
6.3 You warrant and undertake that you will not use our service for any purpose
that is illegal or is prohibited by these terms and conditions. If you breach
these terms and conditions then your permission to use our service terminates
immediately without the necessity of any notice being given to you. We retain
the right to deny service to any person who fails to comply with these terms
and conditions.
7. Legality outside the UK
7.1 Warwick Music makes no representations and gives no warranties, express or
implied that making the Products available in any particular jurisdiction
outside the UK is permitted under any applicable non-UK laws or regulations.
Accordingly, if making the Products or any part available in your jurisdiction
or to you (by reason of nationality, residence or otherwise) is prohibited,
those Products are not offered for sale to you. You accept that if you are
resident outside the UK, you must satisfy yourself that you are lawfully able
to purchase the Products. Warwick Music accepts no liability, to the extent
permitted by applicable law, for any costs, losses or damages resulting from or
related to the purchase or attempted purchase of the Products by persons in
jurisdictions outside the UK or who are nominees of or trustees for citizens,
residents or nationals of other countries.
8. Copyright and monitoring
The contents of our materials are protected by international copyright laws and
other intellectual property rights. The owner of these rights is Warwick Music,
its affiliates or other third party licensors. All product and company names
and logos mentioned are the trade marks, service marks or trading names of
their respective owners, including us. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute, by any means or in any manner,
any material or information including but not limited to text, graphics, photos
without our prior written consent, except where expressly invited to do so, for
example in order to complete any test or questionnaire.
9. Liability
9.1 We promise that for any Product you purchase from us:
- we have the right to
sell the Product to you;
- the Product will
correspond with the description we have given to you;
- the Product will be of
satisfactory quality
Subject to this, however, Products are not sold as being fit for any particular
application or for use under specific conditions, unless expressly agreed in
writing. We also promise that any service we provide to you will be provided
with reasonable skill and care. We exclude all other express or implied terms,
conditions, warranties, representations or endorsements whatsoever with regard
to any products (including without limitation the Products), or any information
or service provided through us.We will do our best to ensure that all materials
and information published are accurate, but please note that all content,
materials and information are provided on an ?as is? basis and you assume total
responsibility and risk for your use of all information contained within it.
9.2 We accept no liability for any indirect or consequential loss or damage, or
for any loss of data, profit, revenue or business (whether direct or indirect)
in each case, however caused, even if foreseeable and we accept no liability
for this loss or damage (except where we have been negligent) whether due to
inaccuracy, error, omission or any other cause and whether on the part of
Warwick Music or our servants, agents or any other person or entity.
9.3 If we are liable to you for any reason, our liability will be limited to the
amount paid by you for the Product concerned. This limit does not apply to any
liability we may have for death or personal injury resulting from our
negligence or for our fraudulent misrepresentation.
9.4 The limitations and exclusions in this clause do not affect your
non-excludable statutory rights and only apply to the extent permitted by
applicable law.
10. General
10.1 We may assign, transfer, novate or subcontract any or all of our rights and
obligations under these terms and conditions at any time.
10.2 These terms and conditions together with the privacy policy, any order form
and payment method instructions, if any, are the whole agreement between you
and Tiny Traveller. You acknowledge that you have not entered into this
agreement in reliance upon any statement, warranty or representation made by us
or any other person and you irrevocably and unconditionally waive any rights to
claim damages and/or to rescind these terms and conditions by reason of any
misrepresentation (other than a fraudulent misrepresentation) that is not
contained in the terms and conditions, privacy policy, order form and payment
method instructions.
10.3 If any provision or term of these terms and conditions shall become or be
declared illegal, invalid or unenforceable for any reason whatsoever, such term
or provision shall be divisible from the other terms and conditions and shall
be deemed to be deleted from them.
10.4 These terms and conditions and your use of our service are governed by
English law and you submit to the non-exclusive jurisdiction of the English
court.
10.5 Except in respect of a payment obligation, neither you nor we will be held
liable for any failure to perform any obligation to the other due to causes
beyond your or our respective reasonable control.
10.6 Failure or delay by either party enforcing an obligation or exercising a
right under these terms and conditions does not constitute a waiver of that
obligation or right.
10.7 These terms and conditions do not confer any rights on any person or party
(other than you and/or us) pursuant to the Contracts (Rights of Third Parties)
Act 1999.
11. Notices
11.1 All notices shall be given:
- to us via e-mail at
sales@warwickmusic.com unless otherwise set out above or
- to you at either the
e-mail or postal address you provide during any ordering process.
Notice to us will be deemed received when an e-mail is received in full (or else
on the next business day if it is received on a weekend or a public holiday in
the place of receipt) or to you by mail 3 days after the date of posting.
12. Replacement
These terms and conditions replace all other terms and conditions previously
applicable to the sale of the Products.