Terms and Conditions |
|---|
This page tells you the terms of use on which you may make use of our website, www.ukhomegrownmusic.com, whether as a guest or registered user. Please read these terms of use carefully before you start to use the site. By using our website, you indicate that you accept these conditions of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, unless otherwise stated. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
The material displayed (excluding audio) on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and any third parties connected to us hereby expressly exclude: * All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. * Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any website's linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue : loss of business : loss of profits or contracts : loss of anticipated savings : loss of data : loss of goodwill : wasted management or office time; and : for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our web site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to floyd@ukhomegrownmusic.com
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
If you have any concerns about material which appears on our site, please contact floyd@ukhomegrownmusic.com
Goods are sold only in normal domestic quantities. The presentation of UK Homegrown range of products and services on servers accessible via the Internet does not represent an offer for sale. By sending an order by e-mail to UK Homegrown the customer is tendering a purchase offer. The customer shall receive confirmation by e-mail that the order has been received. Where applicable, UK Homegrown shall separately advise the customer of any mistakes in the product range details on its website and shall make the customer an appropriate alternative offer. The contract with UK Homegrown comes into force when UK Homegrown accepts the purchase offer. Acceptance shall be subject to availability of the item or service ordered. UK Homegrown shall not be required to advise the customer that the purchase offer has been accepted and the customer waives any right to being so. UK Homegrown be unable to accept the purchase offer, the customer shall be notified of this electronically. UK Homegrown reserves the right to require an appropriate down payment for larger orders. Such orders shall be processed following further communication and in receipt of the down payment.
UK Homegrown shall deliver the ordered goods without delay to the address indicated by the customer in the order. Delivery shall be provided at the carriage costs indicated in each individual case. All details provided about likely delivery times shall be non-binding, except if in individual cases UK Homegrown shall have given the customer a binding written agreement.
Any and all goods supplied shall remain the property of UK Homegrown until all outstanding claims against the customer have been settled in full.
UK Homegrown accepts only those payment methods named on each occasion to the customer as part of the process of placing an order. The purchase price plus, if applicable, any order fees arising and/or delivery costs become due as soon as the purchase contract is concluded. Should the customer fall into arrears, UK Homegrown shall be entitled to charge interest at the level of 5% above the prevailing bank base rate. This entitlement does not affect the right of UK Homegrown to assert a higher claim, nor that of the customer to assert a lower one. The customer shall have right of set-off only insofar and to such extent, as the customer's counter claims are legally valid, undisputed or accepted by UK Homegrown. A fee of 5 pounds will be levied by UK Homegrown for any bank debit that fails to be honoured!
The customer shall - without stating grounds - be entitled to change his mind about entering into the contract within two weeks of receipt of the goods either by withdrawing from the contract in a written form (e.g. letter, fax, e-mail) or by returning the goods. The above period of time is deemed to have been complied with provided the withdrawal is sent or the return consignment dispatched within the above period. The declaration of withdrawal is to be sent to: UK Homegrown at the address provided to the customer. Costs of returning goods up to a value of 40 pounds shall be borne by the customer, except if the goods or services supplied were not those ordered. In the event of the customer withdrawing from the contract, UK Homegrown shall repay to the customer any purchase price that has already been paid. Any costs incurred in having the goods returned, as per the first half-sentence of clause 2 above, shall be deducted. For international payments, bank transfer fees shall also be deducted. If, when a customer withdraws from a contract, the goods are significantly degraded or lost, the customer shall reimburse UK Homegrown for the corresponding reduction in value. If the customer has already paid the purchase price, UK Homegrown shall be entitled to deduct the reduction in value from the amount to be repaid. It is possible that in individual cases the reduction in value will correspond to the purchase price. The right of withdrawal does not apply to contracts on the supply of periodicals, newspapers and magazines, or to the supply of audio or video recordings, or software insofar as the customer has broken their seal.
For a warranty period of 2 years, UK Homegrown shall accept liability in accordance with the following provisions for any defects that existed when the goods passed to the customer. If a defect comes to light for which UK Homegrown is liable, UK Homegrown shall remedy such at the discretion of the customer either by rectifying the defect or providing a replacement. Should attempts to remedy the fault or provide a replacement fail, should UK Homegrown be unwilling or unable to do either, or should provision of such a remedy be delayed for an unreasonable length of time for reasons not beyond the control of UK Homegrown, the customer shall be entitled to rescind the contract or to demand a reduction in the purchase price
UK Homegrown undertakes to protect the privacy of every individual who purchases items from our shop and to treat all personal data confidentially. Treatment of personal data shall be based on such statutory provisions as may from time to time apply. However, you are able to have this deleted at any time. If you wish this to be done, please let us know by sending an email to floyd@ukhomegrownmusic.com
We shall use your details enabling us to fulfil the sales and purchase contract entered into with you.
UK Homegrown does not pass on any personal data to third parties. Customers of UK Homegrown receive e-mails from UK Homegrown only if they have given their consent to this (e.g. by subscribing to the newsletter).
UK Homegrown shall be liable without limitation for any damage or loss incurred by intent or due to gross negligence, in the case of the malicious concealment of defects, in the case of assumption of a quality warranty, for claims based on the law on product liability, and in the case of bodily injury or harm. Liability for any other damage or loss incurred by the customer due to UK Homegrown being in default, unable to fulfil its obligations, or being in breach of an obligation, adherence to which is of particular importance to achieving the intended purpose of the contract (a cardinal duty), shall be limited to such claims as may, by virtue of the contractual application of the goods, be typical and predictable. Claims not directly attributable to the goods themselves, lost earnings, or any other financial losses suffered by the customer will only be recognised by UK Homegrown in the case of intent or gross negligence.
Insofar as the customer is a commercial trader, exclusive jurisdiction for all claims in connection with this business relationship shall rest with the courts of England.