TERMS AND CONDITIONS OF SALE
These terms and conditions ("Terms") apply to the sale of all goods online in the business to consumer sector between Popianosz-Recorded Words & Sound Ltd (trading as ‘Popianosz’) under company number 08440493 and whose principal place of business is at 199 Acton Lane, Chiswick, London W4 5DA, United Kingdom ("We/Us") and any visitors ("You") to the website www.popianosz.com ("Site"). For all pre- and post-sale enquiries, please contact email@example.com or write to Customer Services at the above address.
No contract shall exist between You and Us for the sale of any goods until We accept your order by e-mail, confirming receipt and acceptance of the order.
By placing an order for any goods with age restrictions, You declare that you are age 18 or over in order to purchase the goods.
The price, delivery charges and description of the goods are displayed on our website. Such information is subject to change without notice. The price You shall pay for the goods is the price displayed on our website at the time We receive your order. The price of the goods is displayed inclusive of VAT. You may choose to pay by any method specified on our website.
If an error is discovered in the price of the goods that you have ordered, We will inform You as soon as possible. In the event that You order an item and the price published on the website is incorrect for any reason, We will contact you to let You know the correct price and ask You whether You still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give You the option of confirming the order at the correct price or if You so choose, to cancel the order altogether. If You cancel and have already paid for the goods in the circumstances described in this clause, We shall refund the full amount in accordance with these Terms.
You shall be required to pay an additional charge for delivery, the amount of which shall vary according to the particular goods and the delivery method that you choose. The type of charge payable will appear on the Site.
We allow you to
listen to Clips (as defined below) and buy non-physical digital sound
recordings ("Tracks") for permanent ownership (including CD burning and
transfer to portable devices) and related digital content. Please note
that the Tracks are solely for personal non-commercial use.All software
made available by Us are protected by intellectual property laws and
your use of it is governed by these Conditions as well as any applicable
end-user licence agreements.
Tracks are owned by the Site, its business partners, affiliates and/or
licensors, as applicable, and are protected by intellectual property
laws. You agree that the content rights holders that license their
musical or other content to the Site are intended third-party
beneficiaries under these Conditions with the right to enforce the
provisions that directly concern their content. You understand that your
use of the Tracks is subject to the Usage Rules discussed below. You
may not authorise, encourage or allow any Tracks used or obtained by you
to be reproduced, modified, displayed, performed, transferred,
distributed, communicated to the public or otherwise used by anyone
else. You agree to advise Us promptly of any such unauthorised use(s).
DIGITAL USAGE RULES
access to and/or use of any Track(s) will be limited by the rules
assigned to the Track(s) by Us ("Usage Rules") and described in this
section. You may not attempt (or support others' attempts) to
circumvent, reverse engineer, decrypt, or otherwise alter or interfere
with any Usage Rules or Tracks. We reserve the right to modify the Usage
Rules at any time and your continued use of the Site after each such
modification shall be deemed acceptance of any such modification.
You may burn each Purchased Track to a CD up to five (5) times as part of any particular playlist of songs. A "playlist" is a discrete group of Purchased Tracks that are arranged together in a particular order. Once you have burned a Purchased Track to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.
You may transfer a Purchased Track to up to three (3) portable devices that are compatible with the Site's Usage Rules and security requirements. Once you have transferred a Purchased Track to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.
The burning or transfer permissions provided for herein shall not operate to waive or limit any rights of the copyright owners in Tracks or any works embodied in them.
A "Clip" is a portion of a Track or promotional music video that You can play (and, if applicable, view) directly from and while You are logged on to the Site on a promotional basis at no cost to You. You may play as many Clips as You like. You may not attempt (or support others' attempts) to capture, copy, or download a Clip.
A "Purchased Track" is a Track that You can keep permanently and may (1) save to the hard drives of up to three (3) of your personal computers and play back at any time, (2) burn to a CD and/or (3) transfer to a compatible portable device. Any security technology that is provided with a Purchased Track is an inseparable part of it. If you have Purchased Tracks, it is your responsibility not to lose, destroy or damage them. We shall have no liability to You in the event of any such loss, destruction, or damage.
DIGITAL PRODUCT AVAILABILITY
Technical problems or expiry of Popianosz's right to make certain Tracks available may at times delay or prevent delivery of Purchased Tracks to you. Receipt of your order or request does not guarantee that We can supply the selected products to you. All of the Tracks featured as part of the Site are subject to availability. Your sole remedy with respect to content or Purchased Tracks not delivered will be a refund of the price paid for such content or Purchased Tracks.
You may not use the Site to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, pornographic, inflammatory, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third party rights or harm minors in any way.
We will fully co-operate with any appropriate authority or Court order requesting or directing Us to disclose the identity of anyone posting any such information or materials. You may not interfere with or disrupt the Site or any networks connected to or by the Site. In addition, You may not use a false email address or otherwise mislead Us or other members as to your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Site, you agree that We may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Site subject always to applicable legal restrictions, and/or to respond to any legal requirement, claim or threat.
If Our use of such content exploits any proprietary rights you may have in such material, you agree that We have an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to use such material as described above. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility. All rights not expressly granted are reserved to Popianosz's and/or its licensors.
All goods are subject to availability.
If we have insufficient stock to deliver the goods ordered by you, we will inform you of this as soon as possible.
Delivery will be made as soon as possible after your order has been accepted, and in any event within 10 days of your order (UK orders only, international delivery will vary). We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery.
We will deliver the goods ordered by You to the address given by You for delivery at the time You place the order. If your chosen form of delivery requires that the goods are signed for and there is no-one at the address given who is competent to accept delivery of the goods, You will be notified of an alternative delivery date or a place to collect the goods by our contracted delivery company.
We will bear the risk of the goods delivered to you whilst in transit. Risk of loss of or damage to the goods passes to You on delivery, whether or not the price has been paid and You will be liable for their loss or destruction.
If the goods have been fully paid for, You will become the owner of the goods when they have been delivered to You.
The goods are warranted free from defects in material and workmanship for [three months] from delivery. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, negligence by you or any third party, use otherwise than as recommended by Us, failure to follow our instructions, or any alteration or repair carried out without our approval. This warranty does not affect the your rights as a consumer.
If the goods supplied to You develop a defect while under warranty, or You have any other complaint about the goods, please email Us at the address given above.
We shall not be liable to You for any failure to deliver the goods that have been ordered by You or any delay, damage or defect to the goods delivered which is caused by any event or circumstance beyond our reasonable control.
English law applies to these terms and conditions and any sale of goods to which they apply and you agree to submit to the exclusive jurisdiction of the English courts in all matters arising from these Terms.
The Site is provided by Popianosz-Recorded Words & Sound Ltd Limted, trading as Popianosz (“Trading Name”) (“we/us”) under company number 08440493, whose principal place of business is at 199 Acton Lane, Chiswick, London W4 5DA, England, United Kingdom.
Our VAT Registration Number is GB157 8311 94.
USE OF THE SITE
You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
By submitting any material to Us (‘Material’) you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify Us if any third party takes action against us in relation to the Material.
You must not submit any Material which is defamatory, offensive, menacing or obscene to the Site or which in our judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such Material from the Site at any time without notice to, or consent by, You.
You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
We reserve the right to charge you to access certain information on the Site. We will inform You where a charge will be incurred by You for accessing certain services or information.
We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if You breach any of these Terms.
DEALINGS WITH THIRD PARTIES
The Site may provide, or third parties may provide, links to other web sites or resources, together with promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse, make any warranties about, and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.
Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
PLACING AN ORDER
All purchases made on the Site are subject to our Terms and Conditions of Sale.
INTELLECTUAL PROPERTY RIGHTS
The Site and its content (including but not limited to, animations, character design, text, software, music, lyrics, sound, photographs, graphics, video, page layouts and design) are protected by intellectual property rights, including copyright and any trade marks, as detailed in our Copyright and Trade Mark Notice, except as expressly authorised in writing by us or relevant third parties, either separately or pursuant to these Terms, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, or of any Site property received by You as part of an order, in whole or in part. Any copying of content on the Site made in accordance with these Terms must include the copyright or trade mark notice published with it. All rights not granted or licensed pursuant to the terms of this Agreement are hereby expressly reserved to Us.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC/Mac/Tablet/Smartphone does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Site. We will not be responsible for any failure of any electronic communication sent through the service to reach your intended recipient on the date specified by you.
The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or service obtained by you on the World Wide Web.
The content of the Site has been compiled from a variety of sources and is subject to change without notice. We take reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date.
We do not assume any liability, or responsibility, for any content uploaded or otherwise transmitted by You to the Site or any third party.
So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including (but not limited to) any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.
LIMITATION OF LIABILITY
So far as permitted by law, and except in respect of death or personal injury arising from our negligence or any fraudulent misstatement by Us, We exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information appearing on it).
We shall not under any circumstances be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if we or a representative of ours has been advised of the possibility of such damages.
You agree to indemnify and hold us and our shareholders, directors, officers, employees, assignees and licensees harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from the breach of any of your obligations hereunder.
These Terms constitute the entire agreement between You and Us/We.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any part of these Terms is found to be invalid by any court having competent jurisdiction the validity of the remaining Terms will be unaffected. If either party does not exercise any right or remedy under these Terms, this will not be taken to mean that they have been waived.
These Terms and the relationship between you and us shall be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction over any dispute arising. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
We reserve the right to vary these Terms from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.