Terms of Sale

(1)    Introduction

Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for downloads from our website.

(2)    Interpretation

In these terms of sale, “we” means “Firesticks and Song” (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3)    Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products or acquire free products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping basket, 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 confirm your order and your consent to these terms of sale; (iv) if a charge applies, you will be transferred to the PayPal website, and PayPal will handle your payment; (v) we will then send you an email to confirm your order; and (vi) once we have checked that your payment has cleared and whether we are able to meet your order, we will send you an email to confirm the order (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. (You will separately receive confirmation by email from PayPal regarding the payment completion.)

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website 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 these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors, and correct any errors by using the order form on the website.

(4)    The products

We offer materials related to the songs and music of the Firesticks and Song musical productions on our website, including score arrangements and lyrics in Adobe PDF format and music in mp3 format.

(5)    Price and payment

Prices for products are quoted on our website.  It is possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for it.

For items that require shipping, in addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you, in full in, cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all downloadable products must be made through PayPal by using debit or credit card or with a PayPal account. Payment for any items that require shipping may be made in other ways as identified on our website in the checkout process.

Prices for products are liable to change at any time, but changes will not affect contracts that have come into force.

(6)    Your warranties

You warrant to us that:

  1. you are legally capable of entering into binding contracts,
  2. you have full authority, power and capacity to agree to these terms of sale;
  3. the information provided in your order is accurate and complete;
  4. for downloadable products, you have or have access to the necessary computer systems, software and network connections to receive and make use of the downloads that you purchase.

(7)    Licence to use downloaded material

Subject to your payment of the applicable price and compliance with the terms of sale agreement, we grant to you a licence to make any Permitted Use of the downloaded material; providing that you must not in any circumstances make any Prohibited Use of any material.

The “Permitted Uses” are:

  1. downloading a copy of each item;
  2. storing and viewing downloaded material on a computer or network that is exclusively accessed by the individual or organisation that has registered the download;
  3. transferring downloaded music to other audio media (eg audio CD or iPod) ONCE ONLY for the purposes of playing the music for practice or performance.

 

The “Prohibited Uses” are:

  1. copying and distributing any downloaded material for any purpose whatsoever (including educational purposes) unless you have our express permission in writing to do so;
  2. printing copies of printable material unless it is expressly stated on the product information page (for example, 15 copies may be made);
  3. the sale, licensing, sub-licensing, renting, leasing or commercial distribution of any of the material in any format;
  4. the publishing of any downloaded material in any place accessible to anyone other than the individual or organisation that has purchased or registered it, including publication on the Internet or any other network accessible outside that organisation (doing so would be in breach of copyright law);
  5. the use of any downloaded material to compete with us, whether directly or indirectly.

This licence is non-transferable.

All rights in the downloaded material not expressly granted in this agreement are hereby reserved.

You must retain, and must not delete, obscure or remove, all copyright notices and other proprietary notices placed by us on any downloaded material.

If you breach any of the terms of this agreement, then the licence set out in this Section will be automatically terminated upon such breach (whether or not we notify you of termination).

Upon the termination of the licence set out in this Section, you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the downloaded material in your possession or control, and will permanently destroy any paper or other copies of the printable material in your possession or control.

(8)    Delivery policy

For items requiring delivery by post, we will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 10 days of the date of our order confirmation.  However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of the later of receipt of payment and the date of our order confirmation.

(9)    Risk and ownership

Products delivered by post will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:

  1. delivery of the products; and
  2. receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

(10)    Consumer rights

Nothing in this agreement affects any statutory rights you may have as a consumer (including your right to receive a refund in respect of any defective product we sell to you).

Under the Distance Selling Regulations, consumers usually have “cooling off” period within which they have a right to cancel contracts for goods or services entered into via the internet. However, for reasons of copyright, as soon as you receive your order – via download or visa post – you will have access to all copyright material, and you acknowledge that, even if you are a consumer, you will have no right to cancel your order once the materials are accessible to you.

If you find any material to be faulty (eg damaged CD) then we will of course provide a replacement.

If you cancel a contract on this basis, you 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 a contract on this basis and you do not return 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.

(11)    Refunds

We do not refund payment for any downloaded material, for copyright reasons.

If you are entitled to a refund within the terms of this agreement, 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 valid notice of cancellation.

(12)    Limitations and exclusions of liability

In this Section “force majeure event” means:

  • any event which is beyond our reasonable control;
  • hacker attacks, or virus or other malicious software attacks or infections;
  • problems with the Internet, part of the Internet, or any third party Internet service provider; and/or
  • power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under the download agreement, those obligations will be suspended for the duration of the force majeure event.

Nothing in this agreement will:

  1. limit or exclude the liability of a party for death or personal injury resulting from negligence;
  2. limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
  3. limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987;
  4. limit any liability of a party in any way that is not permitted under applicable law; or
  5. exclude any liability of a party that may not be excluded under applicable law.

Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.

We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(13)    Business customers: indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under the download agreement or any infringement by you of any of our or our licensors’ intellectual property rights.

(14)    General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, 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 provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale 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 such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the relevant paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(15)    About us

Our full name is Firesticks and Song.

Our principal trading address is: The Hayloft, East Street, Ipplepen, Devon TQ12 5SU, United Kingdom.

Our email address is info@firesticksandsong.com.

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