TERMS & CONDITIONS (and Privacy)
South Island Music, iTunesMusicVideos and EspadaRolls
15 High St
Isle of Wight
These Terms and Conditions help to keep the www.southislandmusic.co.uk and www.itunesmusicvideos.co.uk web sites a safe place to trade and set out the full extent of any agreement reached between you and South Island Music in connection with this site. You should understand that by placing an order you accept the following Terms and Conditions:
“We” or “Us” means South Island Music, iTunes Music Videos ,EspadaRolls or EspadaRolling Records or ESRollingRecords , All of which are trading names of Tim Bristow of the above address. Where there is reference to EspadaRolls in the following that is assumed to be the same name as ‘South Island Music’ or ‘iTunes Music videos.
“You” means a person viewing the web site and becoming a customer by purchasing on line for delivery offline (ie by post) or by purchasing a track for ‘download’ to your own computer via Pay Pal
“Price” means the cost of the goods purchased on line from the web site at www.southislandmusic.co.uk or www.iTunesMusicvideos.co.uk which includes VAT and postage and packing (unless otherwise specified on the relevant web page).
- The owner of the copyright of web site and owner of web site (www.southislandmusic.co.uk) and www.iTunesMusicVideos.co.uk at the above address
- Your contract for purchases made through this web site is with EspadaRolls (another trading name of T Bristow)and you undertake that any and all goods ordered by you are for your own private and domestic use only.
- You agree that E mail and/or phone, fax can be used as long distance means of communication
- No contract for the sale of any product will subsist between you and EspadaRolls unless and until EspadaRolls accepts your order by way of an E mail confirming that it has received payment in full for all goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time EspadaRolls sends the E mail to you ( whether or not you receive that E mail). - --- The confirmation E mail amounts to a acceptance by EspadaRolls of your offer to buy goods from EspadaRolls or a 3rd Party supplier that is engaged on your behalf by EspadaRolls.
- You must check that the details on confirmatory E mail are correct as soon as possible and you should print out a keep a copy of it.
-Your statutory rights are not affected but otherwise all purchases are non exchangeable, non refundable and non transferable. All payments are made through Pay Pal or by sending a Cheque direct to EspadaRolls as described on the web site.
- No personal or credit or debit card details will be passed on to any 3rd party
- Nothing said by any sales person or employee on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of the service offered by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.
- Variations to this agreement may only be made with the consent of both parties in writing.
3. The Contract Between Us
You may register your details by completing the ‘Pay Pal’ form or on our web site or by sending the same details by post to above Address.
We must receive payment in full before we can despatch goods (unless downloaded from site). Once payment has been received we will confirm in writing that your order has been accepted by E mail.
The period stated within which you will receive your order is approximate however EspadaRolls will arrange despatch of all stock items within 48 hours of receiving your order. Your order may be delayed if item is not in stock, We will endeavour to inform you of the situation by E mail if that is the case.
OUR ACCEPTANCE of your order brings into existence a LEGALLY BINDING agreement between us. Please check the details on your confirmation e mail and notify us of any mistake in writing immediately.
4. Price and Payment
The price for goods offered depends upon posted prices on relevant web site page ( through home page of www.iTunesMusicvideos.co.uk). Payment will be accepted by credit card, cash or cheque.
5. Cancellation of the Contract
By ordering goods and making payment in full you agree that we will deliver goods as per details on your order. Once our confirmation E mail has been sent to you we have an undertaking to deliver goods ordered and you will not be able to cancel the agreement under Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 unless we agree otherwise in writing.
You must supply us with all reasonable courtesy, information and cooperation to enable us to process your order.
6. Your Obligations as a Customer
You are responsible for:-
(i)Checking that all of the details shown on the order are correct and notifying us immediately if there are any mistakes;
(ii)Your telephone, electricity and postal charges in contacting us;
Our liability in contract or in tort for any direct loss or damage suffered as a result of our negligence shall be limited to the payment made.
We shall not be liable at all for any indirect or consequential loss, damage or expenses including but without limitation loss of anticipated profits, damage to reputation or goodwill, loss of expected future business howsoever arising.
Notwithstanding the foregoing nothing in these Terms and Conditions is intended to limit any statutory rights you may have as a consumer that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8. Events Beyond our Control
We shall have no liability to you for any failure or delay in performance of the Service that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock outs and other industrial disputes, breakdown of system or network access, flood, fire, explosion or accident.
Unless otherwise expressly stated in these Terms all notices from you to us must be in writing and sent to our contact address and all notices from us to you will be displayed on our web site from time to time.
We may vary our Terms and Conditions at times and will indicate that we have done so on www.iTunesMusicvideos.co.uk. All purchases from the date that the amended terms are placed on web site onwards will be governed by those new Terms.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
12. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Party’s Act) 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing Law
The agreement between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any disputes between us.
We respect your privacy
We only use the information you give us to process your order.
We do not sell mailing lists to other companies or individuals or divulge any of your personal information.
If you believe that our web site has collected incorrect information or you would like to dispute any information, please contact us the above address or info@iTunesMusicvideos.co.uk or through site