Terms & Conditions of Sale
Books on Singing Terms and Conditions of Sale
This page (together with our Privacy Policy and Terms of Website Use tells you information about us and the legal terms and conditions (“Terms”) on which we offer the goods (the “Goods”) for sale listed on www.booksonsinging.com (our “Website”) to you.
These Terms will apply to any contract between us for the sale of the Goods to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before purchasing any Goods from our Website. Please note that by purchasing the Goods you agree to be bound by these Terms and the other documents expressly referred to in it.
You will be required to acknowledge acceptance of these Terms before you may place any Order. If you refuse to accept these Terms, you will not be able to purchase the Goods on our Website.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any Contract between us, are only in the English language.
1. Definitions
1.1.1 Event Outside Our Control: is defined in clause 13;
1.1.2 Order: your order for the Goods in accordance with these Terms;
1.1.3 We/Our/Us: Books on Singing Limited (company number 08414232 whose registered office is at Coveham House Downside Bridge Road Cobham Surrey England KT11 3EP.
1.1 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Your Status
1.2 You may only purchase the Goods from our site if you are a consumer and at least 18 years old.
1.3 We reserve the right to immediately cancel any Order which has not been placed by the holder of the bank account used to pay for the Goods.
1.4 We intend to rely upon these Terms in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised
3.International Customers
1.5 If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your Goods will be free of signs of tampering.
1.6 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. To the fullest extent possible We will not be liable for any breach of any such laws.
4. Third Party Intellectual Property
1.7 Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright, patents and trademarks, in product images and descriptions and the Goods belong to Us or are licensed to Us.
1.8 Subject to our Terms of Website Use you may not reproduce, copy, distribute, store or in any other fashion re-use our intellectual property unless otherwise indicated on the Website or unless given express written permission to do so by Us.
5. Our Contract with You
1.9 These are the terms and conditions on which We supply Goods to you.
1.10 No part of this Website is intended to constitute a contractual offer capable of acceptance. Your Order through the Website constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our accepting payment for the Goods and when we send you a confirmatory email of the order to you. We will then send a dispatch email to you indicating that your order has been fulfilled and is on its way to you (the “Dispatch Email”). The contract between us will be formed when the Dispatch Email is sent to you and these Terms will then be binding on you and at which point a Contract will come into existence between you and Us. We reserve the right not to accept any Orders.
1.11 If We are unable to supply you with the Goods, We will inform you of this in writing and We will not process the Order.
1.12 If any of these Terms conflict with any term of the Order, the Order will take priority.
1.13 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
1.14 The images of the Goods on Our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
6. Accounts
1.15 In order to purchase Goods on our Website you are required to create an Account which will contain certain personal details (“Account”) which may vary based upon your use of the Website as we may not require your payment information until you wish to make a purchase. By continuing to use this Website and setting up an Account you represent and warrant that: all information you submit is accurate and truthful; you have permission to submit personal details where permission may be required; and you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
1.16 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
1.17 If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, we accept no liability or responsibility however you should make contact with us immediately upon receipt of the Dispatch Email.
1.18 When choosing your username you are required to adhere to the terms of the Website Terms and Conditions of Use. Any failure to do so could result in the suspension and/or deletion of your Account.
1.19 By creating an Account you authorise us and specific third parties to contact you by electronic means in accordance with our Privacy Policy and clause 17.
7. Changes to Order or Terms
1.20 We may revise these Terms from time to time in the following circumstances: changes in how We accept payment from you; changes in relevant laws and regulatory requirements.
1.21 If We have to revise these Terms under clause 7, between the time of your Order and the time of dispatch of the Goods the terms that will apply will be the version you accepted when the Order was placed.
1.22 You may make a change to the Order for Goods at any time before We despatch the Goods by contacting Us. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 14 in these circumstances.
1.23 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 14.
8. Delivery of Goods
1.24 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
1.25 We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 13 for Our responsibilities when this happens.
1.26 Delivery of an Order shall be completed when We deliver (through our delivery agents) the Goods to the address you gave Us.
1.27 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate Contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
1.28 The Goods will be your responsibility from the completion of delivery.
1.29 You own the Goods once We have received payment in full.
9. If the Goods are Faulty
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10. Goodwill Guarantee of Goods
1.30 If you are unhappy with the Goods for any reason, you may return them to Us at your own cost within 14 calendar days of receipt if you send Us the proof of purchase and the Goods are returned in the same condition as sent to you and in their original packaging. Subject to our inspection of the Goods We will refund you the price you paid for the Goods. Please note the following exclusion: CD's cannot be returned unless they are faulty.
1.31 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
11. Price and Payment
1.32 The price of the Goods will be set out in Our price list on our Website in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
1.33 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
1.34 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our Website, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
1.35 You, you must make payment for Goods in advance by credit or debit card or paypal and we will charge your credit or debit card or paypal account at the time of the Order. No Goods will be dispatched until we have received the full price for such Goods.
1.36 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
1.37 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 11 will not apply for the period of the dispute.
12. Our Liability to You
1.38 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
1.39 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.40 We do not exclude or limit in any way Our liability for: death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
13. Events Outside Our Control
1.41 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
1.42 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
1.43 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: We will contact you as soon as reasonably possible to notify you; and Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
1.44 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 14. We will only cancel the contract if the Event Outside Our Control continues for longer than six weeks in accordance with Our cancellation rights in clause 14.
14. Your Rights to Cancel and Applicable Refund
1.45 Before the Goods are delivered, you have the following rights to cancel an Order for Goods, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 7 to your material disadvantage:
14.1.1 You may cancel any Order for Goods at any time before We despatch the Goods by contacting Us. We will confirm your cancellation in writing to you.
14.1.2 If you cancel an Order under clause 14.1.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
14.1.3 Unfortunately, if you cancel an Order for Goods under clause 14.1.1 and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods, but any charge for collection will be deducted from the refund that is due to you.
15. Our Rights to Cancel and Applicable Refund
1.46 If We have to cancel an Order for Goods before the Goods are delivered:
15.1.1 due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens;
15.1.2 under clause 15.1.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you.
16. Information About Us and How to Contact Us
1.47 We are a company registered in England and Wales.
1.48 If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us at sales@booksonsinging.com.
1.49 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Books On Singing Limited Coveham House Downside Bridge Road Cobham Surrey England KT11 3EP or email sales@booksonsinging.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
17. How We may use Your Personal Information
1.50 We will use the personal information you provide to Us in accordance with Our Privacy Policy to: provide the Goods; process your payment for such Goods; and inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
1.51 We will not give your personal data to any other third party except in accordance with Our Privacy Policy
18. Other important terms
1.52 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
1.53 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
1.54 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.