Kenny Wheeler Music Terms and Conditions
Terms and Conditions
Below are the Terms and Conditions for the kennywheelermusic.com Website. The site is designed so that anyone who wants to buy music from the site can do so quickly and easily. It will not take long for you to familiarise yourself with the site and be able to select what music you want, pay for it (by card, PayPal or bank transfer), download your purchases and print what has been downloaded. There is little or no need for any outside assistance.
WE HAVE ONLY ONE REQUEST AND THAT IS THAT ANYONE PURCHASING MUSIC FROM THE SITE IS DOING SO FOR THEIR OWN USE AND NOT WITH THE INTENTION OF COPYING AND DISTRIBUTING THE MUSIC TO OTHER PEOPLE.
Please read all of these terms and conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Mark Wheeler trading as Kenny Wheeler Music of 7 The Byeway, East Sheen, SW14 7NL with email address 1. firstname.lastname@example.org (the Supplier or us or we).
2. These are the terms on which we sell all goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and Kenny Wheeler Music for the supply of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email or any other medium that allows information to be addressed personally to the recipient to store the information in a way accessible for future reference and use, for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply you of the number and description as set out in the Order;
8. Order means the Customer’s order for the goods from the Suppler as submitted following the step by step process set out on the Website;
10. Website means our Website https://kennywheelermusic.com on which the Goods are advertised;
11. The description of the goods is as set out on the Website, additional promotion of the music can take place in a number of ways including advertising and promotion via email;
Personal Information and Registration
12. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret;
14. We may contact you by using e-mail or other electronic communication methods or by pre-paid post if you expressly agree to this;
Basis of Sale
15. The description of the Goods on our Website does not constitute a contractual offer to sell the goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay;
16. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly;
17. A contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the contract by means of an email with all information on it (i.e. the Order Confirmation). You will receive the Confirmation within a reasonable time after making the contract;
18. No variation of a contract, whether it relates to the description of Goods, Price or otherwise can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing;
19. Any price that you see on the Website will remain static for at least 28 days;
20. We intend that these Terms and Conditions apply only to a contract entered into by you as a Consumer. If this is not the case tell us, so that, if possible, we can provide you with a different contract with terms that might be more appropriate for you;
Price and Payment
21. The price of the sheet music and any PayPal/Credit Card or other fees are set out on the Website at the date of the order;
22. All prices and charges are in GB pounds and include VAT at the rate applicable at the time of the Order. If GBP is not your usual currency, the exchange rate to your local currency will be determined by your credit card company;
23. Payment can be made by submitting your debit or credit card details with your Order so that payment can be taken immediately. For other forms of payment your order will not be available for download until the funds have cleared in our account;
Risk and Title
24. You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel ant downloads and end any right to use the site;
Withdrawal, Returns and Cancellation
25. You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability;
26. Subject as stated in these Terms and Conditions you can cancel this contract within 14 days without giving any reason;
27. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the goods;
28. Except as set out below, if you cancel this contract, we will reimburse to you all Payments received from you, including the costs of delivery;
Circumstances beyond the control of either party.
29. In the event of any failure by a party because of something beyond its reasonable control;
a. the party will advise the other party as soon as reasonably practicable, and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and not affect the Customer’s above rights relating to delivery and any right to cancel, below;
30. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.;
32. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, b. Including, but not limited to the Directive 95/46/EC (Data Protection Directive) or GDPR
c. ‘Data Controller,’ ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
33. We are a ‘Data Controller’ of the Personal Data we Process in providing goods to you;
34. Where you supply Personal Data to us so we can provide goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
b. we will only process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
35. For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com
36. The Supplier does not exclude liability for: (i)any fraudulent act or omission; (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not for (i) loss which is not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit ) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the goods wholly or mainly for it’s business, trade, craft or profession.
Governing law, jurisdiction and complaints
37. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
38. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en)