|Software Terms & Conditions|
TERMS & CONDITIONS
1. SCOPE & APPLICATION
These conditions apply to all purchases of products (including, without limitation, hardware and/or software) ("products") or services ("services") which are sold through this website ("site") by: (a) Us, the Seller, guitarpracticedperfectly, a trading name of Music Practiced Perfectly Limited and (references to "us", "we" or "our" being construed accordingly) to (b) you, the purchaser (references to "you" or "your" being construed accordingly).
By placing an order on this site you agree to abide by these conditions. If you are a 'consumer' (purchasing outside the scope of your business), then these conditions do not affect your statutory rights where these cannot be limited or excluded by applicable law.
As a consumer, you will have a legal "cooling off period" during which you may cancel your order for any reason without penalty. This period is:
For products: up to seven (7) working days after the date of delivery of the products
For services: up to seven (7) working days after the date of us accepting your order.
For software: up to seven (7) working days after the date of payment.
We will charge in full by credit or debit cards prior to dispatch or download of the Product and/or software and subsequent commencement of Service. We reserve the right to verify credit or debit card payments prior to Acceptance.
Downloadable software will be available for immediate download following payment in full by credit or debit card. This subject to the user having sufficient broadband services and internet access. We cannot guarantee that broadband services will not be interrupted by our service provider, or yours. We will however make reasonable endeavors to resume any interruption in service within 5 working days.
Mail Order delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While we endeavour to meet such timescales or dates, we do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
We shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use or use in any manner..
where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, we may at our option:
(in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or
in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy:
Replace or repair the Product upon you returning the Product; or;
4.4 RIGHT TO CANCEL
Such right to cancel:
Where you order services, terminates if those services commence before the cooling off period expires.
Where you order software, terminates upon activation of the installed software.
All cancellation notices must be in writing (including fax or email) and addressed to customer services at the current contact address published on our website.
The notice will be treated as given on the day it was delivered to the above address (by hand); date of posting (if sent by post); date of fax transmission (if sent by fax); date of email to the above address.
You will be refunded within 30 days of giving the cancellation notice.
This applies in addition to any rights you have under the applicable returns policy on this site and the conditions below. If you require more information on your rights, you should contact customer support.
Where any Product supplied is or includes software ("Software"), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other licence terms included with Software ("License Terms") and/or the Product. In addition:
Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
Save to the extent provided for in any applicable License Terms, your rights of return and/or to a refund under these Conditions and any applicable Returns Policy do not apply in the event that a) you open the Software shrink-wrap and/or break the license seal and/or use the Software. For the purpose of downloaded software delivery is completed and service commences when the software is activated.
Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.
6. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, OUR AGGREGATE LIABILITY (WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION (EXCEPT, IF FRAUDULENT) OR OTHERWISE) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE DEFECTIVE, DAMAGED OR UNDELIVERED PRODUCTS OR SERVICES (DETERMINED BY NET PRICE INVOICED/CHARGED TO YOU) IN RESPECT OF ANY SINGLE OCCURRENCE OR SERIES OF OCCURRENCES. EVEN IF ADVISED OF THE SAME, WE SHALL NOT BE LIABLE FOR:
PECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; OR
YOUR INABILITY TO MAKE ORDERS OR LOSS OF INCOME, REVENUE, PROFITS, CONTRACTS, DATA, GOODWILL OR SAVINGS.
SUBJECT TO ANY EXPRESS PROVISIONS TO THE CONTRARY SET OUT IN THESE CONDITIONS, ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) ARE HEREBY EXCLUDED. WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHETHER RESULTING FROM DEFECTIVE MATERIAL, FAULTY WORKMANSHIP, OR OTHERWISE HOWSOEVER ARISING AND WHETHER OR NOT CAUSED BY OUR (OR OUR EMPLOYEES' OR AGENTS' NEGLIGENCE) EXCEPT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR INTENTIONAL TORTS OR GROSS NEGLIGENCE OR OTHER 'WRONGS'.
WE DO NOT EXCLUDE LIABILITY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE (OR THAT OF OUR EMPLOYEES OR AUTHORISED REPRESENTATIVES) OR (2) FRAUD.
THE FOLLOWING ADDTIONAL CONDITIONS APPLY TO 'CONSUMERS' (PURCHASING PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS):
NOTHING IN THESE CONDITIONS SHALL OR BE CONSTRUED AS LIMITING OR EXCLUDING OUR LIABILITY OR A MANUFACTURER'S, LICENSOR'S OR SUPPLIER'S LIABILITY TO YOU, WHERE UNDER MANDATORY LAWS APPLICABLE IN YOUR TERRITORY, SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.
THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.
7. RETENTION OF TITLE
Title to Products in any one order shall not pass from us to you until payment in full of the price in respect of such order (including any interest or other payments due in respect of those Products). Until payment has been made in full for any Products, you shall have possession of those Products as our agent and shall (subject to the provisions of Condition 10.2 below) store the Products in such a way as to enable them to be readily identified as our property, and keep proper and accurate records to enable us to distinguish Products for which payment has been made in full from those Products for which payment is outstanding.
We reserve the right (subject to applicable law) to repossess any Products in respect of which payment is overdue, declined or lapses and thereafter to re-sell the same and for this purpose, you hereby grant us an irrevocable right and licence to our servants and agents to enter upon your premises during normal business hours. This Condition 10.3 shall continue in force notwithstanding termination of the contract howsoever caused.
8. THIRD PARTY RIGHTS
You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to your (or your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.
All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same.
We do not warrant that the software is absolutely free from faults or bugs, however should this occur we will make our best endeavors to fix the fault within 30days from notification to us in writing, and we will provide you with a software upgrade following rectification of the fault.
Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
Products have been repaired or altered by persons other than the manufacturer, us or any authorised dealer; and/or
defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by us in connection with the delivered Products.
10. CONSENTS, CUSTOMS DUTIES & EXPORT
If any licence or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you shall obtain such licence or consent at your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle you to withhold or delay payment of the price. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.
Products licensed or sold to you under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
Any notice or other communications in relation to our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
If posted, 5 working days after the date of posting;
If by fax, on the date of the transmission as evidenced by a successful transmission contact report (or, if this is not a working date, the first working date thereafter).
If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over your rights under these Conditions
We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
You acknowledge that these Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, we reserve the right to modify these Conditions without notice.
No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.
If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
These Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
in the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
13. GOVERNING LAW AND JURISDICTION
The construction validity and performance of these Conditions shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts in London in the event of legal proceedings arising from any dispute.
The language of any dispute resolution procedure or any proceedings will be English.
The above Conditions 16.1 and 16.2 shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and/or language and this cannot be excluded by contract.