TERMS & CONDITIONS

Definitions and Interpretation

1.1 In these conditions:

Contract - means any contract for the sale of products and/or the supply of services between us and you into which these conditions are incorporated; Conditions - means the standard terms and conditions of sale set out below, including any special terms and conditions confirmed in writing by us; Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted; We - means AGRADEMUSIC and its subsidiary companies, and “us” and “our” shall be construed accordingly; you - means the person placing an order for the goods/services and entering into the Contract with us and “your” shall be construed accordingly;

1.2 The headings in these conditions are for convenience only and shall not affect their interpretation.

1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.

1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.

1.5 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.

 

Basis of Sale

2.1 These Conditions (as updated by us from time to time) shall set out the entire agreement. No variation of these conditions shall be binding unless agreed in writing by us and attached hereto. You will be subject to the policies and terms in place at the time you order the product/services from us unless such change is required by law or government or regulatory authority (in which case it will apply to any orders you have previously placed). These Conditions apply to all purchases you make from us at any time, regardless of how the order is made.

2.2 Our employees and agents are not authorised to make any representation concerning the goods/services unless confirmed by us to you in writing. In entering into a contract, you acknowledge that you have not relied on any such representations which are not so confirmed.

2.3 We reserve the right to withdraw any offer or special promotions without notice. In the event that you have already placed an order under the conditions that we have withdrawn we will provide you with a full refund for any money received.

 

Orders and Specifications

3.1 Your order represents an offer to purchase the goods/services which is accepted by us when we issue you with written acceptance of the order. By placing an order, you warrant that you are at least 16 years old. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve a registration. We reserve the right to refuse to accept an order.

3.2 We shall not be liable for costs and expenses incurred by you due to inaccurate information submitted by you.

3.3 We reserve the right to make changes in the specification of the goods/services which are required to conform with any applicable statutory or EU requirements.

 

Price of the Goods

4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.

4.2 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods/services you have ordered (whether this by our error or an error by any third party), we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.

4.3 In the event that we are unable to supply the goods/services at the price or specification stated in the order, we will where possible notify you of any changes and where the goods/services ordered are not available we may offer you substitute goods/services whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute goods/services and will be entitled to receive a full refund if you confirm that the substitute goods/services are not acceptable.

4.4 The price is inclusive of any applicable value added tax (VAT) or other sales tax (at the rate currently in force in the United Kingdom).

 

Terms of Payment

5.1 Please see our Payment Options for our terms of payment.

5.2 If you fail to make any payment on the due date then we reserve the right to: (a) cancel the contract or suspend the agreement with you; (b) charge you a reasonable amount of interest on the amount unpaid, at the rate of 3% above bank base rate from the date the amount was due until payment is made in full, accruing pro rata on a daily basis.

5.3 In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.

5.4 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay in providing goods/services. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, AGRADEMUSIC may validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from our website, you consent to such checks being made. We may need to contact you by letter, telephone, SMS or email to verify details before we are able to process your order or we may be unable to accept your order and we shall not be liable for any delay this may cause. All information provided will be treated confidentially.

 

Delivery of Goods/Services

6.1 You will be contacted by AGRADEMUSIC forty-eight hours following your order being processed.

6.2 We will provide you with a date on which the goods/services will commence and be provided. Where we become aware that the date of goods/services may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet a specified date or time for delivery of the contract unless previously agreed in writing by us.

6.3 If we fail to deliver the goods/services (or any part of goods/services thereof) for any reason outside of our reasonable control and we are accordingly liable to you, our liability shall be limited (if any) to you (in the cheapest available market and costs).

 

 

Warranties and Liability

7.1 Subject as expressly provided in these Conditions, and except where the goods/services are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law.

7.2 Where the goods/services are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureaux.

7.3 if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Conditions.

 

General

8.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act or cause beyond that party’s reasonable control.

8.2 These Conditions do not purport to confer a benefit on any third party.

8.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.

8.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.

8.5 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.

8.6 The Contract and these Conditions shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.

8.7 We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.

8.8 The copyright in all photographs, images and descriptions contained in our catalogue and on our website are owned by AGRADEMUSIC and subsidiary companies and may not be reproduced without the express consent of AGRADEMUSIC.

8.9 All dealings between us in connection with these Conditions and each Contract shall be carried on in the English language.

8.10 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

 

Purchases & Refund / Cancellation

9.1 By signing the registration form whether hard copy or online, and by making a payment, you are accepting that any deposit that is paid to us is non-refundable and that you agree and understand these terms and conditions, that under no circumstances can the refund of deposits be made. You are advised not to make payments until you are certain that you will be attending, as monies cannot be returned or refunded once paid, a visa rejection is not valid grounds for a refund.

9.2 If you are unable to attend your booking for reasons outside of your control you can rearrange the date thereof, you can do so free of charge so long as the cancellation is received by us in writing or by email no later than 30 days prior to your scheduled start date. Your booking will be moved to the next available calendar booking date with no additional fee or charges. Failure to notify us of any changes to your booking prior to the 30-day notice period will incur additional charges, this does not affect your statutory rights.

9.3 All purchases are made in British pounds and all goods and services advertised on this website are fully inclusive of duty and VAT (where applicable) and is the final price that will be billed. Business invoices are available upon request.

 

 

Promotional Codes

10.1 We may make available to you promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use.

10.2 Promotional codes are not valid in conjunction with any other offer.

10.3 There is no cash alternative available in respect of the promotional code.

10.4 We may withdraw the promotional code at any time without notice.

10.5 Promotion codes cannot be used after the expiration date.

10.6 Promotional codes will only be accepted if submitted at the point of order. We will not subsequently apply a promotional code if the order is submitted without the promotional codes application. Please check your order thoroughly before placing it to avoid disappointment.

10.7 The promotional code will be applied to the goods/services purchased.

 

Competitions

11.1 We may in our sole discretion offer competitions to you at such times and in such manners as we deem appropriate.

11.2 All prizes offered are non-transferable and cannot be substituted for a cash alternative.

11.3 There will be one entry per person, per residential address only unless otherwise stated. We may in our discretion deem duplicate entries void.

11.4 There will be only one winner per competition, drawn at random after the closing date unless otherwise stated.

11.5 Our decision as to the winner of the competition is final and no correspondence shall be entered into.

11.6 Winners will be notified by email.

11.7 Prizes will be carried out at our expense. You shall inform us of all information necessary to ensure that the prize is carried out as soon as reasonably practicably.

11.8 Competitions are open to worldwide residents unless stated otherwise.

11.9 Employees, families and friends of AGRADEMUSIC are not allowed entry.

11.10 Please read the terms and conditions of any competition carefully before taking part in the same.

 

Introduce a Friend

12.1 We in our sole discretion operate an offer whereby you earn an incentive if you introduce a friend who proceeds to completing a purchase of goods/services from us.

12.2 We reserve the right to substitute or amend the offer at any time. Any unused codes must be used by the expiry date.

12.3 We reserve the right to cease the Introduce a Friend promotion at any time, should we choose to do this then we will honour all outstanding referred friend vouchers up to and including the date of termination.

12.4 You are responsible for ensuring you obtain your friends’ permission prior to you referring them as a friend. We will not accept any responsibility for an individual complaint in this regard following you submitting your friends’ details to us.

12.5 You will not receive any benefit of the scheme if your friend is already a customer.

 

Force Majeure

We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control: -

13.1 Act of God, explosion flood tempest fire or accident;

13.2 War or threat of war sabotage insurrection civil disturbance or requisition;

13.3 Acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

13.4 Import or export regulations or embargoes;

13.5 Strikes lock-outs or other industrial actions or trade disputes (whether involving employees of us or of a third party);

13.6 Power failure or breakdown in machinery.

13.7 Delays with delivery due to adverse weather conditions.

THE HILIFE GROUP  HILIFE MUSIC © 2007

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