General Terms & Conditions for the MONKEY MUSIC Online Shop- 1st December 2011
MONKEY MUSIC WEBSITE & SHOP USAGE TERMS & CONDITIONS
These General Terms and Conditions (the "Terms") will also apply when you access the Monkey Music Online Shop (the "Website") or place orders to purchase any of the goods on the Website Shop www.monkeymusic.com/shop in the Monkey Music Online Shop.
Please read these Terms carefully before using the Website and placing your order. By accessing any part of the Website or ordering goods from the Website, you agree to be bound by these Terms. We recommend that you print a copy of these Terms for future reference.
The term ‘Monkey Music Limited’ or ‘us’ or ‘we’ refers to the owner of the website. ‘Monkey Music Limited’ is a company registered in England and Wales with registered number 03155505 whose registered office is Unit 16 Thrales End Farm, Thrales End Lane, Harpenden, Hertfordshire AL5 3NS. Our VAT number is 685 1332 30. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Name and contact information, including e-mail address.
- Address information, including your postcode.
- Other information relevant to customer surveys and/or offers
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- If any of these Terms are found to be invalid by any court or regulator , the other Terms shall continue to apply.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England.
General Terms & Conditions for the MONKEY MUSIC Online Shop- 1st December 2011
1. Our Contract
(1) Your order constitutes an offer to us to buy the goods you select from the Website. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. We reserve the right to refuse to accept an order.
(2) Purchases made on the Website are for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit save as they are purchased wholesale. We reserve the right to refuse orders for multiple quantities of an item ordered by any one customer or to any one postal address.
2. The Order Process
(1) You may select items from our range of goods, details of which will be added to the "Basket" by clicking on the “Add to Basket” button. By clicking on the “Checkout” button in the Shopping Cart, you submit an offer to buy the goods in the Shopping Cart. As soon as this offer is accepted by us in the way specified in paragraph (4) below, your order forms a binding contract of sale between you and us.
(2) Before placing an order you can view and amend your order details at any time by clicking on the “Basket”.
(3) You will automatically be sent an e-mail confirming receipt of your order (the "Confirmation E-Mail") with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Confirmation E-mail does not constitute our acceptance of your order; it merely records the fact that we have received the order.
(4) Your goods will subsequently be despatched to you which shall constitute our acceptance of your order, at which point a binding contract of sale will be concluded between you and us.
3. Registering for a Personal Account
4. Delivery Times, Availability of Goods
(1) The delivery date for standard goods will usually be within three to five working days of sending you the Confirmation E-mail for Standard Delivery and within two working days of sending you the Confirmation E-Mail for Special delivery. It may take slightly longer to deliver goods to very remote areas. We only deliver merchandise within the United Kingdom and unfortunately are unable to deliver to the Channel Islands. Wholesale goods will usually be despatched within 14 days of sending you the Confirmation E-mail.
(2) Whilst we will do our best to deliver standard goods within five* working days of sending you the Confirmation E-Mail, sometimes it may take longer than expected. You accept that on occasion, it may take us more than 30 days to deliver your goods and we thank you for your patience should this occur. If you change your mind in the meantime, you have the right to cancel your order in accordance with paragraph 9.
(* 14 days if wholesale goods)
(3) In the event that we are unable to meet the original delivery time stated in the Confirmation E-Mail, we will notify you of this as soon as possible and at the same time specify a new estimated delivery time.
(4) If for any reason the goods ordered by you are not available at the time you place your order, we will notify you of this by e-mail. Our acceptance of your order is limited to the goods that are available. No contract of sale will be concluded in respect of goods that are not available.
5. Prices and Delivery Charges
(1) All of the prices listed on the Website include the currently applicable statutory value-added tax.
(2) The prices shown on the Website do not include delivery charges. Our delivery charges are as follows:
Standard Delivery: £2.95
Special Delivery: £7.50
(3) If you decide to cancel your order and return all of the items ordered, we will refund any delivery charges paid by you.
6. Payment, Default in Payment
(1) We offer payment for your goods via Visa, Visa Debit or Visa Electron. You can select your preferred method of payment for your goods from the options specified at the point of payment.
(2) When paying the full payment price will be debited from your card upon or shortly before dispatch of the goods to you.
(3) You confirm that the credit or debit card that is being used is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
7. Fourteen Day Returns Guarantee for standard goods
(1) If for any reason you are unhappy with your goods, you have the right to return them within 14 days of your order being delivered to you and receive a full refund (including delivery charges if the whole of your order is returned), provided
(a) the goods are returned in their original condition, have not been damaged, washed, altered or used and include the original packaging and any related accessories,
(b) the goods are returned to: Monkey Music Online Shop c/o 23 Morses Lane Industrial Estate, Brightlingsea, Colchester, Essex CO7 0SQ, and
(2) We will provide you with a full refund to the card used when placing your order within 30 days of us receiving the goods in accordance with paragraph 7(1). We will then send you an e-mail confirming that this refund has been made.
(3) Monkey Music is under no obligation to accept returns and provide refunds for goods that do not comply with paragraph 7(1) (notwithstanding your statutory rights set out in paragraph 9). Goods that are not accepted by us will be returned to you.
8. Faulty Goods
(1) If standard goods are faulty or do not meet the description given on the Website, please contact us as soon as possible at email@example.com. We ask you to return the faulty goods to us and will then provide you with replacement goods where available, or alternatively give you a full refund for those goods (including delivery charges).
(2) Wholesale goods which are missing or damaged must e-mail firstname.lastname@example.org within 7 days of receipt of the goods otherwise the order is deemed to be satisfactorily completed.
9. Statutory Rights
(1) In addition to your 14 Days Return Guarantee, set out in paragraph 8 above, you have a statutory right to cancel your order and receive a full refund (including delivery charges if the whole of your order is cancelled) provided you notify us in writing that you are exercising this right of cancellation no later than seven working days beginning the day after you received your goods. The written cancellation notice for standard goods should be sent to the following e-mail address: email@example.com. A cancellation notice for wholesale goods should be sent to the following e-mail address: firstname.lastname@example.org .
(2) We will provide you with a full refund (including delivery charges if the whole of your order is returned) within 30 days of receiving your notice of cancellation. We ask you to take care of the goods whilst they are in your possession and return them to us at the address given in paragraph 7(1) (or HQ if wholesale goods) as soon as reasonably possible after cancelling your order.
(3) Please note that if you fail to take reasonable care of the goods, or fail to return the goods to us, we will be entitled to make a claim against you for any losses which we suffer as a result.
(4) If we have not received the goods from you within a reasonable time following cancellation, we reserve the right to send a courier to collect the goods from the address to which they were delivered and charge you for the costs we incur in doing so.
11. Your Personal Data
(1) Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
(2) We will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage will be reasonably foreseeable where it could be contemplated by you and us.
(3) We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
(4) We do not:
(i) accept any liability for damage to your computer system or loss of data that results from your use of the Website;
(ii) guarantee which content and services will be available on the Website. All content and services on the Website are provided on an 'as is' and 'as available' basis; or
(iii) guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).
(5) When you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order.
(6) We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.
13. Copyright and Other Intellectual Property Rights
(1) Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
(2) We provide the Website to you solely for your personal, non-commercial use. The content of the Website may not be used for any other purpose without our express written permission.