WEBSITE TERMS AND CONDITIONS
WELCOME TO THE Musical Lines WEBSITE TERMS AND
CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS
WEBSITE AT www.musicallines.co.uk. BY ACCESSING THIS WEBSITE AND/OR PLACING
AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING
THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR
NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEBSITE.
The
www.musicallines.co.uk website is operated by:
Carole
Knight trading as Musical Lines.
Our VAT
registration number is 841635431
Our
contact details are as follows:
Trading
address: 76 Derby Street,
Leek,
Staffordshire,
United Kingdom,
ST13 5AJ.
General
email: MusicalLines 76@aol.com
Telephone number: 01538 398550
1. INTRODUCTION
1.1 You
will be able to access most areas of this Website without registering your
details with us. Certain areas of this Website are only open to you if you
register.
1.2 We
may revise these terms and conditions at any time by updating this posting.
You should check this Website from time to time to review the then current
terms and conditions, because they are binding on you. Certain provisions of
these terms and conditions may be superseded by expressly designated legal
notices or terms located on particular pages of this Website. If you do not
wish to accept any new terms and conditions after we have given notice, you
should not continue to use this Website.
2. ORDERING FROM US
2.1 You
are deemed to place an order with us by ordering via our online checkout
process. As part of our checkout process you will be given the opportunity
to check your order and to correct any errors. We will send you an order
acknowledgement, detailing the products you have ordered.
2.2 Our
acceptance of an order takes place when we despatch the order. We will send
you a despatch confirmation by email. When we despatch the order the
purchase contract will be made even if your payment has been processed
immediately, unless we have notified you that we do not accept your order
or you have cancelled your order.
2.3 We
may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if
there has been a pricing or product description error; or
(d) if
you do not meet any eligibility criteria set out in our terms and
conditions.
3. PRICING
3.1 All
prices include VAT (where applicable) at the current rates. We reserve the
right to express the price exclusive of VAT, but we shall show VAT
separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and other
relevant charges, the appropriate rates are set out in our specified pricing
structure shown elsewhere on this Website.
3.3 Our
prices are reviewed periodically and the next review will be on 01/04/2007.
4.
CANCELLATION AND RETURNS POLICY
4.1 If
you wish to cancel your order:
(a) you
can notify us by email to MusicalLines76@aol.com before we have dispatched
the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to
us in accordance with clause 4.2 below.
4.2 You
can return goods you have ordered from us for any reason at any time within
14 days of receipt for a full refund or exchange. The costs of returning
goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount
paid or an exchange credit as required.
4.4 The
rights to return the goods to us as referred to in clause 4.3 will not apply
in the following circumstances: -
in
the event that the product has been used
in
the case of software, audio or visual products, where the packaging has been
unsealed
The
provisions of this clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1 You
are permitted to print and download extracts from this Website for your own
use on the following basis:
(a) no
documents or related graphics on this Website are modified in any way;
(b) no
graphics on this Website are used separately from accompanying text; and
(c) any
of our copyright and trade mark notices and this permission notice appear in
all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property
rights in all material on this Website (including without limitation
photographs and graphical images) are owned by us or our licensors. For the
purposes of these terms and conditions, any use of extracts from this
Website other than in accordance with clause 5.1 above for any purpose is
prohibited. If you breach any of the terms in these terms and conditions,
your permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or
stored in any other website or included in any public or private electronic
retrieval system or service without our prior written permission.
5.4 Any
rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24
hours a day, we will not be liable if for any reason this Website is
unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or for reasons beyond
our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under
the
Privacy Policy, any
material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations with
respect to such material. We and our nominees will be free to copy,
disclose, distribute, incorporate and otherwise use such material and all
data, images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
7.2 You
are prohibited from posting or transmitting to or from this Website any
material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach
of confidence, in breach of privacy or which may cause annoyance or
inconvenience;
(b) for
which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a
criminal offence, give rise to civil liability, or otherwise be contrary to
the law of or infringe the rights of any third party, in the UK or any other
country in the world; or
(d) which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
7.3 You
may not misuse the Website (including, without limitation, by hacking).
7.4 We
will fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or locate anyone posting
any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for
your convenience. If you use these links, you leave this Website. We have
not reviewed all of these third party websites and do not control and are
not responsible for these websites or their content or availability. We
therefore do not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to this
Website, you do so entirely at your own risk.
8.2 You
may not create any links to this Website.
8.3 You
shall fully indemnify us for any loss or damage we or any of our group
companies may suffer or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To
register with www.musicallines.co.uk you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to
share your user name and password with any other person nor with multiple
users on a network.
9.3 Responsibility for the security of any passwords issued rests with you
and if you know or suspect that someone else knows your password, you should
contact us immediately.
9.4 We
may suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of your obligations under these terms and
conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website is
correct, we do not warrant the accuracy and completeness of the material on
this Website. We may make changes to the material on this Website, or to the
products and prices described in it, at any time without notice. The
material on this Website may be out of date, and we make no commitment to
update such material.
10.2 The material on this Website is provided “as is” without any
conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, we provide you with this Website on the
basis that we exclude all representations, warranties, conditions and other
terms (including, without limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of reasonable care and
skill) which but for these terms and conditions might have effect in
relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our group companies and
the officers, directors, employees, shareholders or agents of any of them,
exclude all liability and responsibility for any amount or kind of loss or
damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages,
or any loss of income, profits, goodwill, data, contracts, use of money, or
loss or damages arising from or connected in any way to business
interruption, and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website in any way or in
connection with the use, inability to use or the results of use of this
Website, any websites linked to this Website or the material on such
websites, including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other property on
account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this
Website.
11.2 Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence (as such
term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii)
misrepresentation as to a fundamental matter; or (iv) any liability which
cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you assume
all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and against all
claims, liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or your use of
this Website, or the use by any other person using your registration
details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with these terms
and conditions shall be subject to the exclusive jurisdiction of the English
courts.
12.2 We do not warrant that materials/items for sale on the Website are
appropriate or available for use outside the United Kingdom. It is
prohibited to access the Website from territories where its contents are
illegal or unlawful. If you access this Website from locations outside the
United Kingdom, you do so at your own risk and you are responsible for
compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your
rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court
of competent jurisdiction to be invalid, the invalidity of that provision
will not affect the validity of the remaining provisions which shall
continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.
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