This page (together with the documents referred to on it) tells you the terms and conditions on which I supply any of the products (Products) listed on my website www.musicisfun.biz (my site) to you. The Products are divided into Products, which can be downloaded electronically directly to your computer (Software Products) and those products which are not available in an electronic format and will be delivered to you by post (Hardware Products). Please read these terms and conditions carefully before ordering any Products from my site. You should understand that by ordering any of my Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT ME
www.musicisfun.biz is a site operated by Elizabeth Woodward trading as Music is Fun (I, me, my). My main trading address is; Music is Fun, PO Box 1059, Welton, Lincs LN2 3WP. Email info@musicisfun.biz

2. YOUR STATUS
By placing an order through my site, you warrant that you are legally capable of entering into binding contracts.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND ME
3.1 In the case of Hardware Products after placing an order, you will receive an e-mail from me acknowledging that I have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to me to buy a Product. All orders are subject to acceptance by me, and I will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation). The contract between us (Contract) will only be formed when I send you the Despatch Confirmation.

3.2 The Contract will relate only to those Products whose despatch I have confirmed in the Despatch Confirmation. I will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

3.3 In the case of Software Products when you place an order for one or more Software Products you enter into a binding contract with me (Contract).

4. CONSUMER RIGHTS
4.1 In the case of Hardware Products only if you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Hardware Products. In this case, you will receive a full refund of the price paid for the Hardware Products in accordance with my refunds policy (set out in paragraph 8 below).

4.2 To cancel a Contract for Hardware Products, you must inform me in writing and return the Hardware Product(s) to me immediately, in the same condition in which you received them, and at your own cost and risk.

4.3 Under the Consumer Protection (Distance Selling) Regulations 2000 (Regulations) consumers are given the right to cancel orders for goods or services during a period of seven working days after the day on which delivery of goods takes place or the service being provided commences (the Cooling Off Period). The Regulations contain several exceptions to the right to a Cooling Off Period. These exceptions are relevant to the purchase of Software Products from me. Accordingly you acknowledge that when you purchase a Software Product, once the Software Product is on your computer the Software Product is unsealed and your rights under the Cooling Off Period ended.

5. AVAILABILITY AND DELIVERY

In the case of Hardware Products your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances.

6. RISK, TITLE AND LICENCE

6.1 The Products will be at your risk from the time of delivery.

6.2 Ownership of the Hardware Products will only pass to you when I receive full payment of all sums due in respect of the Products, including delivery charges.

6.3 You do not own the Software Products. I, instead, grant you a limited, revocable, non-exclusive, non-transferable licence (Content Licence) to download the Software Product to your personal computer solely for either educational purposes or for your personal non-commercial use. You shall not (without limitation) copy, reproduce, 'rip', distribute or use the Software Product in any other manner, save as permitted by these terms and conditions. For each Software Product purchased you may make one hard copy for educational purposes or for personal non-commercial use.

6.4 You shall not sell, transfer, sub licence, assign, lease, modify, distribute or publicly perform any of the content contained in the Software Product in any manner and you shall not exploit it commercially. In addition you should not (without limitation) decompile, disassemble, or reverse engineer the Software Product or modify the Software Product or create any derivate works of the same.

6.5 The Content Licence will continue for as long as your copy of the Software Product exists pursuant to and in accordance with these terms and conditions.

6.6 Any unauthorised use of the Software Product shall automatically terminate the Content Licence granted to you.

7. PRICE AND PAYMENT

7.1 The price of any Products will be as quoted on my site from time to time, except in cases of obvious error.

7.2 These prices exclude any delivery costs in the case of Hardware Products, which will be added to the total amount due as set out in the prices section of my website.

7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which I have already sent you a Despatch Confirmation or in the case of Software Products for which you have already placed and order.

7.4 My site contains a large number of Products and it is always possible that, despite my best efforts, some of the Products listed on my site may be incorrectly priced. I will normally verify prices as part of my despatch procedures so that, where a Product's correct price is less than my stated price, I will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on my site, I will normally, at my discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

7.5 I am under no obligation to provide the Product to you at the incorrect (lower) price, even after I have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis–pricing.

7.6 Payment for all Products must be by either Paypal or Invoice. If payment is by cheque, the release of any downloadable software may be delayed until cheque has cleared.

8. MY REFUNDS POLICY

8.1 When you return a Hardware Product to me (for instance, because you have cancelled the Contract between us, or have notified me in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of my policies, or because you claim that the Hardware Product is defective), I will examine the returned Hardware Product and will notify you of your refund via e-mail within a reasonable period of time. I will usually refund any money received from you using the same method originally used by you to pay for your purchase. I will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day I received your cancellation or the day I confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Hardware Product.

8.2 Hardware Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to me.

8.3 Hardware Products returned by you within the seven-day cooling-off period (see paragraph 4.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to me.

8.4 In the case of a defect in a Software Product within 30 days of the date of you order please contact me and I will use all reasonable endeavours to rectify the defect. In the event that I am unable to rectify the defect I will refund the purchase price in full in which case your Content Licence will be terminated with immediate effect, all copies of the Software Products affected must be deleted from your computer and any other electronic or magnetic media and all hardware copies must be destroyed.

9. MY LIABILITY

9.1 I warrant to you that any Product purchased from me through my site is of satisfactory quality.

9.2 My liability in connection with any Product purchased through my site is strictly limited to the purchase price of that Product.

9.3 This does not include or limit in any way my liability:

1. For death or personal injury caused by my negligence;
2. Under section 2(3) of the Consumer Protection Act 1987;
3. For fraud or fraudulent misrepresentation; or
4. For any matter for which it would be illegal for me to exclude, or attempt to exclude, my liability.

9.4 I accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

10. CUSTOMER’S RIGHTS OF DEALING

10.1 The Products shall not be hired, rented, offered for hire or rental, copied, played in public or made available under arrangements for sale and subsequent exchange, all such rights being reserved to the copyright owner in relation to the Products. Notwithstanding the provisions of this clause 10.1 the Products may be used in schools, colleges of education and by individuals solely for educational purposes.

10.2 In any subsequent sale or disposal of the Products sold or disposed of subject hereto you shall:

1. make the provisions of Condition 10.1 a term and condition of such sale or disposal;
2. allow me to use the your name without charge for the conduct of any legal proceedings which I may wish to bring in respect of any breach or alleged breach of the terms and conditions of sale or disposal set out in (a) above against subsequent purchases of the Products, or any of them that I consider to be in breach thereof; and
3. make it a further term and condition of such sale or disposal that the person purchasing from you and all subsequent purchasers in any subsequent sale or disposal shall include a term and condition therein in the form of this Condition 10 so as to bind all subsequent purchasers of the Products or any of them.

11. COPYRIGHT AND TRADE MARKS

11.1 Copyright exists in all Products. The Products are supplied by me for private home use only. Any unauthorised broadcast, hire or rental or offer for hire or rental to the public, public performance, copying, editing or re-recording of Products would be an infringement of copyright and the infringer may be liable to action at law.

11.2 So far as I am aware I am the proprietor and/or the validly authorised user of trademarks under which the Products are marketed and/or distributed by me and any infringement of these trademarks may also result in legal proceedings.

11.3 You shall promptly give me notice in writing of any infringement of which you become aware of the copyright in the Products or the trademarks under which the Products are marketed and/or distributed.

12. IMPORT DUTY

12.1 If you order Products from my site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that I have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. I will not be liable for any breach by you of any such laws.

13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications I send to you should be in writing. When using my site, you accept that communication with me will be mainly electronic. I will contact you by e-mail or provide you with information by posting notices on my website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. NOTICES

All notices given by you to me must be given to Elizabeth Woodward ( Music is Fun, PO Box 1059, Welton, Lincs LN2 3WP) info@musicisfun.biz. I may give notice to you at either the e-mail or postal address you provide to me when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on my website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1 The contract between you and me is binding on you and me and on our respective successors and assigns.

15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without my prior written consent.

15.3 I may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of my rights or obligations arising under it, at any time during the term of the Contract

16. EVENTS OUTSIDE MY CONTROL

16.1 I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by events outside my reasonable control (Force Majeure Event).

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond my reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.

16.3 My performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and I will have an extension of time for performance for the duration of that period. I will use my reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which my obligations under the Contract may be performed despite the Force Majeure Event.

17. WAIVER

17.1 If I fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if I fail to exercise any of the rights or remedies to which I am entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2 A waiver by me of any default shall not constitute a waiver of any subsequent default.

17.3 No waiver by me of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.

18. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. ENTIRE AGREEMENT

19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

20. MY RIGHT TO VARY THESE TERMS AND CONDITIONS

20.1 I have the right to revise and amend these terms and conditions from time to time.

20.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from me, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if I notify you of the change to those policies or these terms and conditions before I send you the Despatch Confirmation (in which case I have the right to assume that you have accepted the change to the terms and conditions, unless you notify me to the contrary within seven working days of receipt by you of the Products).

21. LAW AND JURISDICTION

Contracts for the purchase of Products through my site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.