Terms
TERMS of SaleBACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content is sold by Us to consumers through this website, www.warwickmusic.com (“Our Site”).
Please read these Terms of Sale carefully and ensure that you understand them before purchasing Paid Content. You will be required to read and accept these Terms of Sale when ordering Paid Content. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to access Paid Content through Our Site.
These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Paid Content”
means the digital content sold by Us through Our Site;
“We/Us/Our”
means Warwick Music Limited, a company registered in England under 04371344, whose registered address is Rock Farm Business Centre Hangman's Lane, Seckington, Tamworth, England, B79 0LA.
2. Information About Us
2.1 Our Site, www.warwickmusic.com, is owned and operated by Warwick Music Limited, a company registered in England under 04371344, whose registered address is Rock Farm Business Centre Hangman's Lane, Seckington, Tamworth, England, B79 0LA.
2.2 Our VAT number is 781744992.
3. Age Restrictions
Consumers may only purchase and access Paid Content through Our Site if they are at least eighteen years of age.
4. Trade Customers
These Terms of Sale do not apply to customers purchasing and accessing Paid Content in the course of business. If you are a business customer, please contact Us on [email protected] for information on setting up an account.
5. Paid Content, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions of Paid Content available from Us correspond to the Paid Content that you will receive.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies. Please refer to Clause 10 if your Paid Content is incorrect.
5.3 We may from time to time change Our prices. Changes in price will not affect any Paid Content that you have already purchased but will apply to any subsequent purchase of Paid Content.
5.4 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
5.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.
5.6 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.
5.7 If the price of Paid Content that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
5.8 All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the process of purchasing Paid Content. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
6.3 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within thirty days.
6.4 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 30 calendar days of the day on which the event triggering the refund occurs.
6.5 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Paid Content.
7. Payment
7.1 Payment for Paid Content must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).
7.2 We accept the following methods of payment on Our Site:
7.2.1 Stripe;
7.2.2 Paypal
7.3 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For more information, please refer to sub-Clause 8.5. If you do not make payment within thirty days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
7.4 If you believe that We have charged you an incorrect amount, please contact Us at [email protected] as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
8. Provision of Paid Content
8.1 Paid Content will be available to you immediately when We send you a Confirmation.
8.2 When you place an order for Paid Content, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see sub-Clause 11.1 for more information.
8.3 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.3.1 To fix technical problems or to make necessary minor technical changes;
8.3.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
8.3.3 To make more significant changes to the Paid Content, as described above in sub-Clause 5.5.
8.4 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).
8.5 We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within thirty days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will not be charged for any Paid Content while provision is suspended.
8.6 Any refunds under this Clause 8 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
8.7 Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Paid Content.
9. Licence
9.1 When you purchase Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
9.2 The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:
9.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
10. Problems with the Paid Content
10.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
10.1.1 If the Paid Content has faults, you will be entitled to a repair or a replacement.
10.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
10.1.3 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation. Please refer to sub-Clause 13.3 for more information.
10.2 Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.]
10.3 If there is a problem with any Paid Content, please contact Us at [email protected] or visit the contact page on Our Site www.warwickmusic.com
10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
10.5 Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Paid Content.
10.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Cancelling Your Order
11.1 If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Confirmation, whichever occurs first.
11.2 After the cooling-off period, you may cancel your Paid Content at any time, however subject to sub-Clause 11.3 and Clause 12, We cannot offer any refunds.
11.3 If you purchase Paid Content by mistake, please inform Us as soon as possible and do not attempt to access any Paid Content.
11.4 If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish.
11.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
11.6 Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
12. Our Liability to Consumers
12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
12.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
12.3.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
12.3.2 The damage has been caused by your own failure to follow Our instructions; or
12.3.3 Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Paid Content
12.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
13. Complaints and Feedback
13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
13.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
13.3.1 By email addressed to Steven Greenall, CEO at [email protected];
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
15.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
15.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Paid Content, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.4 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.