Terms & Conditions
28th March 2007
Terms & Conditions of Business for Mad About Sound
and as represented by web sites : madaboutsound.com and madaboutsound.co.uk
Welcome to Mad About Sound's Web Sites. Please read carefully our Terms & Conditions of Business which govern both your use of our Web Sites and any purchase. By using these Sites and placing an order, you are agreeing to them.
Copyright, Trademark, Intellectual Property & Right to Use
These Sites are owned and operated by Mad About Sound. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web Sites shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Web Sites is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Permission is granted to copy, print and distribute in hard copy sections of these Sites for the purpose of browsing and shopping or for placing an order. Any unauthorised use of the material on this site without the prior permission of Mad About Sound may violate copyright, trademark and other applicable laws.
Any other use of the material and content of the Web Sites is strictly prohibited.
The Web Sites are Copyright, Mad About Sound, 2007.
You agree to the following :
Not to use the Web Sites (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws.
Agree not to upload or transmit through the Web Sites any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Not upload or transmit through the Web Sites any material which is defamatory, offensive, or of an obscene or menacing character or that may cause annoyance, inconvenience or needless anxiety.
Not use the Websites in a way that may cause the Web Sites to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web Sites is in any way impaired.
Not use the Web Sites in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
Not create and publish a hypertext link to any part of the Web Sites or attempt any unauthorised access to any part or component of the Web Sites.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Web Sites, or the use by any other person accessing the Web Sites using your PC or internet access account.
We reserve the right to:
Modify or withdraw, temporarily or permanently, the Web Sites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Web Sites; and/or
Change these Conditions from time to time, and your continued use of the Web Sites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Web Sites.
We will use our reasonable endeavours to maintain the Web Sites. The Web Sites are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Web Sites or because of a failure, suspension or withdrawal of all or part of the Web Sites due to circumstances beyond our control.
We have the right, but not the obligation, to monitor any activity and content associated with the Web Sites. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Web Sites).
We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
You should be aware that:
If we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Web Sites we shall do so; and
We reserve the right in our reasonable discretion to disclose details of your use of the Web Sites in relation to any, or any threatened, court proceedings in connection with your use, or the use of anyone under your control, of the Web Sites whether in connection with the matters set out in these Conditions or otherwise.
Limitation of Liability
We will use reasonable endeavours to verify the accuracy of any information we place on the Web Sites, however, in particular, you agree that any colour appearing on the site is, because of the way computers are set up, not necessarily an accurate representation of the colour it purports to portray.
The Web Sites are provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Web Sites (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Web Sites or the server that makes it available (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Web Sites.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Web Sites and any information provided to or taken from the Web Sites by you.
No contract shall subsist between you and Mad About Sound for the sale by it to you of any product unless and until Mad About Sound accepts your order by sending you a VAT invoice. Any order confirmation is for your convenience only and does not constitute an acceptance of your order.
Title in the goods shall not pass to the customer until all sums due from the customer to the supplier on any account have been paid.
The Mad About Sound System - product
All component parts of the Mad About Sound system are manufactured from solid pine (European Redwood) apart from various screws, supports and fixings which are formed from appropriate metals. The nature of solid wood is such that variations occure in hue and natural markings. Your order constitutes agreement that such variations occure and that they are accepted.
Despite our careful attention to pricing, an item could be mis-priced inadvertently. If an item's correct price is lower than our quoted price, we will charge the lower (correct) amount and deliver the item to you. If an item's correct price is higher than our quoted price, Mad About Sound shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. However, we might at our discretion decide to honour the lower (incorrect) price and send the item in order not to cause you inconvenience.
All listed prices include VAT at the prevailing imposed rate. If, prior to confirmation of your order, the prevailing VAT rate changes, the new rate will apply.
We will deliver your order (if required and as specified as part of your order) within the time frame set out. If for any reason we cannot deliver your order within this time period we will contact you immediately to arrange a new delivery time.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Purple Coral Limited trading as Mad About Sound
Registered in England No: 4335070
VAT No. 852 7743 02
The Consumer Protection (Distance Selling) Regulations 2000
can be found at www.hmso.gov.uk/si/si2000/20002334.htm