MONKEY MUSIC LIMITED TERMS & CONDITIONS OF SALE: WEBSITE
1. Who We are
Monkey Music is a trading name of Monkey Music Limited, a company incorporated in England and Wales with company number 03155505.
Our registered office is at: 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, Hertfordshire, United Kingdom AL5 3NS.
Our registered VAT number is 685 1332 30.
This website (https://www.monkeymusic.co.uk/) is owned and operated by us.
To find out more about us visit https://www.monkeymusic.co.uk/why-us.
2. Application of these terms & conditions
- Please read these terms and conditions carefully before placing your order (you may wish to print a copy for your records). These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. By placing an order through this website, you confirm that you have read, understood and agree to these terms and conditions.
- If you think there is a mistake in these terms and conditions or there is anything you do not understand, then please contact us using the contact information provided at paragraph 19 below.
- We may occasionally amend these terms and conditions and you should check them each time you place an order. These terms and conditions were last modified on 14th August 2019
3. Our goods
·The images of the goods on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee a device’s display of the colours accurately reflects the true colour of the goods. Your goods may vary slightly from those images.
·All goods measurements are approximate only and the packaging of the goods may vary from that shown in images on our website.
- You should always read the labels, warnings and instructions provided on or with the goods before using them and not rely solely on the information on our website. This notice does not affect your legal rights.
- If you have any queries about the goods you have purchased then please contact us using the contact information provided at paragraph 19 below.
4. How to buy
To place an order for goods on this website, you should:
- Step 1: Add your goods to the “Cart” by clicking on the “Add to Cart” button.
- Step 2: Enter the “Cart” and click on the “Checkout” button.
- Step 3:
- Existing customers: If not already logged in, log in to your online account through the link in the “Customer Information” section on the “Checkout” page. If you are a Little Monkey Club member, you may alternatively click on the Parent Zone login in the “Parent Zone” tab on the homepage on this website to apply your Little Monkey Club member discount.
- New customers: Provide your valid email address, billing and delivery address information. We will then create an account for you and email you the user ID and password. You can then use this to log in and reset the password to one of your choosing as you will be able to track the progress of your order. Your personal information will be held in the strictest confidence and used in accordance with our privacy notice, a copy of which can be viewed here https://www.monkeymusic.co.uk/privacy-notice.
- Step 4: Select your delivery option.
- Step 5: Review your order and tick to confirm acceptance of these terms and conditions before continuing to payment.
- Step 6: Place your order and make payment.
- You can access your shopping cart, review it and make changes to it at any time up until the point at which you place your order. Please take the time to check your order before submitting it. If you submit an order in error you will have the opportunity to cancel this as detailed in paragraph 10 below.
- If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed usually on the following business day in the UK.
- Once you have placed an order, you will receive an order confirmation email (Confirmation of your order at Monkey Music) e-mail from us acknowledging receipt of your order and containing details of your order, which we would recommend that you print out and keep for your own records). Our order confirmation e-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the goods ordered. We only accept your offer, and conclude the contract of sale for the goods ordered by you, when we dispatch the goods to you or (where you have ordered digital content) we make this available for you to download. The contract that is formed shall be in English and will include these terms and conditions.
- Please note that our goods are subject to availability. Whilst we will try our best to ensure the website only displays goods which are in stock, this can change quickly and so there may be circumstances where a product you have ordered is unavailable. If we have already accepted your order we will notify you and you will have the opportunity to cancel your order (see paragraph 10 below) or order a suitable replacement otherwise we will notify you that we cannot fulfil your order and will terminate the contract between us.
- We may also be unable to accept or fulfil your order where:
- we have identified an error in the price or description of the goods;
- we are unable to obtain authorisation for your payment;
- you do not meet the eligibility to order criteria as set out in these terms and conditions;
- we are unable to meet a delivery deadline you have specified.
- We will let you know if this is the case and will not charge you for the goods you have attempted to order in these circumstances.
- Our website is solely for the promotion of our goods in the UK and we do not currently deliver (physical) goods to addresses outside the UK. We can supply our digital content for download to customers based outside the UK as this does not involve the delivery of physical goods.
5. Intellectual property rights to the digital content
- We, our affiliate companies, business partners, licensors or other respective owners own the copyright in our digital content and you must not use, copy or in any way deal with it except as provided for in these terms and conditions.
- Except as stated in these terms and conditions, all trade marks service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with our Content and service are the property of us or our affiliates and licensors. You may not copy, display or use any of these indicia of origin without prior written permission of the mark owner.
- We grant you a royalty-free, personal and non-exclusive licence to use our digital content on your compatible device solely for your own non-commercial use and as authorised by us in accordance with these terms and conditions only.
- You agree that you will not acquire any rights or ownership in or to our digital content. All rights not granted to you are reserved to us.
- You agree not to:
- use, download, reproduce, create derivative works from, summarise, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate all or part of our digital content any media or to any third party without our prior written consent; or
- remove, change or obscure any identifications, copyright notices or notices of intellectual property rights on our digital content.
6. Price and delivery charges
- The prices of the goods will be as shown on our website and in British Pounds Sterling (GBP) including VAT. Our prices may change from time to time but this will not affect any order you have placed and which we have accepted before any price change takes effect.
- Our prices exclude delivery charges. You will be informed at checkout about the delivery charges for your order.
- We make every effort to ensure that the correct prices are displayed on our website. However, if we discover an error in the price of the goods you have ordered before they are delivered to you, we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly and we will process a refund to you of any sums you may have already paid to us for that order.
- Please note that if a 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.
- If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
7. Discount and promotion codes
- Occasionally, we may offer special promotions (such as discounts or offers) on certain goods. We have the right to withdraw such promotions at any time and they may also be subject to time restrictions, availability and other terms and conditions.
- To avoid disappointment, please ensure you check the terms and conditions for a promotional offer before trying to redeem it.
- We may occasionally offer promotional discounts, with or without a promotion code or vouchers that entitle you to free downloads of certain digital content. Promotions with codes and our vouchers for free downloads are usually only valid for one transaction or one download only (this will usually be stated either on our website or the voucher itself) and once the code or voucher is used it will be deactivated and will no longer be valid.
- Promotions cannot be added to an order after the order has been completed and payment made. Please ensure that the voucher or code is registered before you confirm and pay for the goods.
- We are not responsible for promotions related to our goods where such promotions are published on external websites or other media.
- We reserve the right to withdraw a promotion or promotional code at any time.
8. How to pay
- You can pay for goods on our website using a Visa, Mastercard or Solo debit or credit card. All transactions are charged in pounds sterling at checkout.
- During the checkout process, you will be asked for your payment details. By completing these you are confirming that the debit or credit card is yours. All card payments are subject to authorisation by your card issuer.
- You must pay for the goods and any digital content (and all applicable delivery charges) in advance (and before any download) via your chosen payment method and we will charge your debit card or credit card when you place your order.
- If you have ordered physical goods, we will use our best efforts to send you your goods by the estimated delivery date associated with your chosen delivery option, or, if no date is specified, then no later than 30 days following the date of your order confirmation email. If we are unable to meet any estimated delivery date, or we consider there may be a delay we will contact you with a revised estimated delivery date.
- If you have ordered digital content for download, we will make the digital content available for you to download via an email ‘File Downloads for Order #xxxx‘ which will contain a link to your download files. Your download files will be saved in the ‘My Account’ section of the site.
- Delivery will be completed when we either deliver the goods to the delivery address you gave us or make the digital content available for download (as the case may be). You must promptly notify us of any change to your delivery address or contact phone numbers. Goods you order from us will be delivered to the delivery address notified by you at the time of placing your order. We have no liability whatsoever for any goods delivered to an address which has not been correctly provided or updated by you.
- If our supply of your ordered goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
- For courier selected deliveries, if no one is available at the delivery address to take delivery and you have not made arrangements with our courier, or it is not possible, to leave the goods securely at the premises, you will be left a note informing you that delivery has been attempted and that goods have been returned to our courier’s premises, in which case, please contact us or our courier to rearrange delivery.
- If after a failed delivery, you do not re-arrange delivery or collect the goods from the delivery depot notified to you we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and we will refund you the money you have already paid for the order but reserve the right to deduct from the refund a reasonable sum as compensation for any costs we have incurred as a result.
- We are responsible for the goods until the point they are delivered to you. You are responsible for the goods on delivery.
- Unfortunately, we do not deliver to addresses outside the United Kingdom and we are unable to deliver to the Channel Islands.
10. Your right to change your mind
- If you have bought physical goods from us, you have 14 days after the day you receive the goods to change your mind, cancel your order and receive a refund, provided, in the case of sealed audio, video or computer software, that these have not been unsealed by you and include their original undamaged packaging and any related accessories.
- If you have bought digital content for download or streaming, you have 15 days from the date we sent you your order confirmation email and made the digital content available to you to download or stream to change your mind, cancel your order and receive a refund. HOWEVER BUT PLEASE NOTE: you will not be entitled to cancel your order if you start to download or stream the content within this 15 day period. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- To exercise your right to cancel, you must inform us of your decision to cancel within the cancellation period stated above by sending a notice to us in writing that you are exercising this right of cancellation to the following email address: [email protected] You may instead prefer to cancel your order by completing and returning to us our cancellation form a copy of which can be downloaded here. We suggest you keep a copy of your cancellation notification for your own records.
- Your cancellation is effective from the date you sent us the e-mail notifying us that you wish to cancel.
- If you are returning your goods by post, we recommend that goods are sent by registered post with your local post office or by courier so that you can track the goods and that you always retain evidence of posting or proof of shipment and the tracking number until the purchase price has been refunded. For more information on refunds, see paragraph 12 below.
- Please note if we supplied promotional items free of charge with the order that you wish to cancel and return then all promotional items must be returned with the cancelled order items in order to qualify for a full refund. For more information on refunds including our right to make deductions in certain circumstances please see paragraph 12 below.
11. Damaged or faulty goods
- If what you have bought is faulty, broken (on arrival) or misdescribed (minor variations do not count, see paragraph 3 above), please contact us as soon as possible at [email protected] . We will (at your choice) either replace or repair the faulty goods free of charge or, refund you the price of the faulty goods and the delivery charges you paid for the goods. Where the goods which are faulty, broken or misdescribed are wholesale goods, please contact us as soon as possible at [email protected] .
- You also have the right to terminate the contract where:
- we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
- there is a risk that supply of the goods may be significantly delayed because of events outside our control;
- we have suspended or have notified you that we are going to suspend supply of the goods for technical reasons for a period of more than 30 days beyond the estimated delivery date associated with the delivery option you chose when placing your order; or
- where we have done something wrong or failed to do something in breach of the contract between you and us.
- In any of the circumstances detailed above please notify us by e-mailing us at our contact details set out below at paragraph 19. The contract will end as soon as we receive your notification and we will refund you in full for the price of any goods (plus postage costs) you have paid for and which have not yet been provided.
- Goods must be returned unused, undamaged in their original, undamaged, packaging.
- If you are returning or cancelling your order in accordance with these terms and conditions, you will receive a full refund of the price you paid for the goods including delivery costs except as follows:
- we are only obliged to refund delivery costs for the least expensive delivery method we offer. Therefore if you chose a more expensive form of delivery when ordering (e.g. special delivery within 2 working days) we will not pay the difference between this method of delivery and our least expensive method of delivery; and
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling of the goods which would not be permitted in a shop. You have a legal obligation to take reasonable care of the goods while they are in your possession and are responsible for the risk of damage during transport. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- We will process any refund due to you as soon as possible and, in any case, no later than:
- In the case of physical goods - 14 days after the day we receive the returned goods from you; or (if earlier) the day you provide us with evidence that you have returned the goods; and
- For digital content available for download or streaming - within 14 days of you telling us you have changed your mind.
- All refunds to you will be made by the payment method you used when paying for the order being refunded.
13. Legal rights
- 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. Nothing in these Terms will affect these legal rights.
- If you have any questions or complaints about the goods, please contact us using the details set out at clause 19 below.
14. Our liability
- We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions 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 accept your order.
- We only supply goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes unless you are one of our franchisees and then only in accordance with the franchise agreement you signed with us and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law including your right to receive goods as described and which match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
15. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our control (including but not limited to strikes, fire, storm, flood or other natural disaster, or failure of telecommunications networks or impossibility of the use of transport).
- If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and we will take steps to minimise the effect of any delay. Provided we do this, our obligations to you shall be suspended for the duration of the event outside our control and we will not be liable for any delay caused by the event. If this affects our delivery of goods to you, we will arrange a new delivery date with you as soon as we are able to confirm this but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not yet received.
16. How we use your personal information
We will only use your personal information in accordance with our Privacy Notice which can be viewed at https://www.monkeymusic.co.uk/privacy-notice. Please take the time to read this.
17. Other important terms
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens and we will ensure this does not affect your rights under that contract. You must not transfer any of your rights and obligations under any contract unless we agree.
- Each clause of these terms and conditions is separate and if any court or relevant authority decides that any clause is unlawful or unenforceable, the other clauses will remain in full force and effect.
- If we do not insist that you perform any of your obligations under these terms and conditions, or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor 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 and conditions are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms. This means you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in England or 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.
18. Alternative dispute resolution.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution but this does not prevent you going to court if you are still not satisfied with the outcome. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at www.ec.europa.eu/consumers/odr which is designed to assist consumers to resolve dispute online without having to go to court.
19. Contact us
If you have any questions about us, these terms and conditions, our website or our goods, please do not hesitate to contact us at [email protected].