Terms & Conditions
TERMS AND CONDITIONS OF SALE – “THE AGREEMENT”
(CONSUMERS)
Terms and Conditions
This Agreement (the Agreement) outlines the terms and conditions governing your access to and use of the SoundzofMuzic (“SOM”)web site. By accessing and/or using the SoundzofMuzic web site you agree to be bound by the terms and conditions contained in this Agreement. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about them please email us at info@63.35.194.74
SOM reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. You are responsible for regularly reviewing this Agreement and your continued use of the SoundzofMuzic web site constitutes an affirmative acknowledgement by you of any modification to this Agreement and consent to be bound by its terms.
If you register to use the Website, you will be deemed to have accepted the Terms:
confirm that you are legally able to enter into contracts to buy the goods and services featured on the Website. For an individual, this means that you must be at least 18 years old.
- undertake to register on the Website using your correct name and address and any other requested details.
- agree to notify us with any updates to any of the information you supply, as soon as it changes.
Intellectual Property / Copyright
All materials published on the SoundzofMuzic web site including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips (“Information”) is protected by copyright and owned or controlled by Soundz of Muzic Retail Shop.
You hereby acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including software, software architecture, design or code including source and object code, data specifications, drawings, instructions, programs, developments, methods, techniques and improvements; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the SoundzofMuzic web site (hereinafter referred to as “Intellectual Property”) are solely owned by Sondz of Muzic Retail Shop. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
All web site design, text, graphics, the selection and arrangement thereof are copyright of Soundz of Muzic Retail Shop.
Pricing
All prices displayed on the Soundz of Muzic website are in Euro’s and are displayed inclusive of any VAT payable unless otherwise stated. If we have mistakenly displayed an incorrect price on the website we shall not be liable to supply said item to you at the incorrect price. The displayed price of the products does not include any delivery charge which will be calculated at the time of purchase if any delivery charge is applicable.
Orders
1.1 You may make an order via Our website.
1.2 All orders which are accepted by Us shall be subject to these Conditions and no contract shall be deemed to be in place until We have accepted Your order. An order is not accepted until Your Payment has been processed. We endeavour to show only stock which is available on the website but this should be used a guide only and is no guarantee that stock can be allocated for your order. We will advise customers of any shortages as soon as we are aware and will aim to rectify the situation as soon as is feasible. Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your request has been received and does not in any way denote acceptance of Your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable Us to evaluate and/or process the order. If You wish to cancel Your order or return Goods please see Our cancellation and returns terms below.
1.3 You will be advised if an item is out of stock. You may be offered an alternative product if one is available or You may cancel Your order.
Goods advertised
1.4 While every effort has been made to portray items accurately on Our website and other advertising materials, slight variations may occur.
1.5 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.
1.6 Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints.
Ownership of the Goods
1.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when the Goods have been delivered to You and We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods and in respect of any other agreements between You or Us.
1.2 As most of our goods bought are liquidated stock items. We can’t always guarantee replacements for faulty or damaged goods. In the case where this happens we will credit or refund you for the goods bought, but cost of delivery will not be included.
Delivery
1.1 For mainland Ireland mainland delivery will normally be made within 3-5 business days after the order is accepted Monday to Friday and We will normally despatch Goods by first class post or courier to mainland Ireland (delivery to Northern Ireland may take longer). You can request Next Working Day delivery or Saturday Delivery. . Deliveries to addresses not on the Irish mainland may incur extra delivery charges. Please see our Shipping Information.
1.2 Freight and insurance for deliveries outside mainland Ireland (excluding any area separated by water from the mainland) is charged extra at cost. Please see Our delivery charges as revised from time to time on Our website. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.
1.3 Time for delivery shall not be of the essence. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non delivery of Goods. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered.
1.4 When Goods are delivered to You, You should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received.
1.5 If You believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, You must report these to Us within two working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to Us. Please see our return terms below.
1.6 For certain items: It is strongly advised that you do not book any installation until you have received and checked your goods. We cannot be held liable for any plumber or tradesman costs you may incur.
Cancellation and Returns
5 Returns
5.1 Provided You are a private consumer You may cancel any order made by You via Our website at any time within 30 days of receipt by You of the Goods. This Condition extends your statutory rights of cancellation. You must notify Us either by e-mail to returns at SOM or by telephone on telephone number + 353 (0)64 66 42268 if you wish to return Goods. Return shipping costs will only be refunded where We have sent faulty Goods in error. The provisions of this Condition 5.1 shall not apply in respect of any Goods which are:
1.1 of a perishable nature;
1.2 sealed audio or video recordings or computer software where sealing has been removed;
1.3 Goods which have been supplied according to Your particular specification or which are personalised; or
1.4 magazines/music books/lead sheets.
1.5 If, upon return,goods have been modified or have undergone any attempted installation, you may be responsible/liable for all costs of return or redelivered products that are not in the condition previously stated 1.5 Goods described above at 1.1 to 1.4 cannot be returned unless:
1.5.1 there has been a delivery error;
1.5.2 such products are returned in response to a product or batch recall; or
1.5.3 such products are damaged or faulty;
1.6 Goods which are returned to Us must be accompanied by a copy of Your delivery note or a covering letter stating Your name, address and order number and reason for return.
1.7 Any returned item lost, damaged or defaced in transit to Us will not be credited. If You have not received an acknowledgement or credit note from Us within 14 days You should notify Us.
1.8 Any returned items must be returned at your own cost and must be packed in its original packaging and suitably labelled addressed to DDS Management Limited. Goods must be returned in the same condition that they were in when despatched to you. For our contact details click here. We recommend that You use a reputable courier or Recorded Delivery. Please retain any proof of posting, receipt or tracking number for any item returned as We cannot accept responsibility for Goods until signed for by Us.
1.9 Unless expressly authorised by Us in writing, any Goods can only be returned for credit if unused (subject to Condition 1.6), complete and in the original packaging. Please note: If You return Goods (which are not faulty) for exchange We will charge You for shipping the new Goods back to You.
1.10 Subject to Your statutory rights of cancellation and Our extended cancellation terms as set out at Condition 5.1, an order can only be cancelled at Our discretion. On no account can cancellation be accepted for items sourced specially by Us on Your behalf which is not advertised on Our website.
Loyalty Points Scheme
1.1 The Loyalty Points Scheme is open to all consumers aged at least 18 years, who purchase Goods via Our website and all Goods on Our website qualify for award or redemption of Loyalty Points unless otherwise stated. For the avoidance of doubt, Loyalty Points may not be redeemed against delivery charges or insurance or any other amounts owed by You to Us.
1.2 One Loyalty Point will be awarded for every complete £1 You spend on Goods purchased via Our website (except for Gift Certificates and excluding all delivery charges and insurance). The Loyalty Points will be credited to your account only once Your order has been fully dispatched to You. You may then redeem them against subsequent purchases of Goods via Our website on a basis of 1 Loyalty Point = £0.01. Please note: you may only pay for a maximum of 50% of any order with Loyalty Points. Any Loyalty Points not used will be carried over for use against subsequent orders. You will be guided through the process of opening an account when You place your first online order with Us. Please note, You will not be able to collect Loyalty Points unless you open an account with Us, therefore You will not be able to collect Loyalty Points in respect of those purchases made using the express check-out.
1.3 We reserve the right at Our discretion from time to time to alter the terms under which You may collect and redeem Loyalty Points, and to withdraw the Loyalty Points Scheme without notice.
1.4 We may choose to issue bonus Loyalty Points from time to time. The collection and redemption of any such bonus Loyalty Points will be subject to any terms and conditions we impose in respect of them, including Our right to withdraw or discontinue such bonus Loyalty Points at Our sole discretion.
1.5 Loyalty Points You have collected will remain valid for 12 months from the date they are credited to Your account subject to these terms and conditions, after which they will lapse if You do not redeem them within this 12-month period.
1.6 All Loyalty Points which were awarded against Goods for which you subsequently obtain a refund will be deducted from Your account on a Loyalty Point per £1 or part £1 refunded basis.
1.7 Any Goods which You purchase using part cash and part Loyalty Points, and for which you subsequently obtain a refund will be refunded on the basis of the cash actually paid (less any deductions which may apply pursuant to these Conditions) however the Loyalty Points will be forfeited unless we have sent faulty Goods in error.
1.8 There is no cash return value for any Loyalty Point.
1.9 Loyalty Points are not transferable and will cease to be valid if you close Your account or We withdraw the Loyalty Points Scheme, in which case they may not be subsequently redeemed.
1.10 We may refuse to redeem or award any Loyalty Points if We deem in Our sole discretion that the Loyalty Points Scheme is being misused, or if you are in breach of any of these Conditions.
Conditions of your use of this Website
1.1 The contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below.
1.2 You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, “caching” any material on this Website for access by third parties and/or “mirroring” any material on this Website.
1.3 You may print or download the contents of an individual page for private and personal non-commercial use only, but you may not make more than one copy electronically or otherwise of any of the contents.
1.4 The copyright in the contents of all the pages in this Website are owned by or licensed to us, unless otherwise specified.
Miscellaneous
1.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
1.2 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties.
1.3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
1.4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
1.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of Our rights hereunder.
1.6 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 Parties) 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.
1.7 This Agreement shall be governed by and construed in accordance with the laws of Ireland and the Uk whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.
