Terms Of Use
siamusic.net WEBSITE TERMS AND CONDITIONS
Welcome to www.siamusic.net (the “Site”), owned & operated by ie: three ltd of 111 Frithville Gardens, London W12 7JQ ie: three Ltd REG NO 06323832 (“we,” “us”) on behalf of sia furler. The following terms of use (“Terms”) govern your use of the Site, whether as a browser or a registrant (as the context applies).
1. GENERAL USE OF THE SITE
Eligibility and Approval
1.1 You may browse the Site without registering but in doing so you accept and agree that certain areas of the Site will not be available to you unless you register with the Site. You will be asked if you wish to register each time you try to access any part of the Site that requires registration. To register and/or to subscribe to the Site you will be asked to provide certain information about yourself; this is more particularly set out below.
1.2 We, in our sole discretion, will have the right to refuse to allow you to register or subscribe to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or subscription of the Site.
1.3 When you register with the Site you will create an account (“My Account”). This account is unique to you, and we will only accept one account per registrant.
1.4 You must be at least 16 years of age to use the Site. This Site may include content that is unsuitable for anyone under the age of 16 and if you are under 16 you may only use the Site with the involvement and consent of a parent or guardian. If you are a parent or guardian of someone under the age of 16 who is using the Site, you agree to these Terms and our privacy policy and that you shall be responsible for the conduct and acts and/or omissions of your children in using the Site as if these were your own. You may not register to the Site if you are under 16. By registering, you represent and warrant that you are at least 16 years of age.
General Representations and Warranties
1.5 You hereby represent and warrant: (i) you have the full power and authority to enter into and perform under these Terms, (ii) your use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (iii) you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.
Minimum specifications for use of the Site
1.6 In order for you to browse and/or use the main content pages of the Site your computer must comply with the minimum technical specifications set out within the Site’s Help pages. We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access, play or otherwise use the Site or any content and/or pages contained on the Site or available through the Site, or for any damage caused to your computer and/or associated systems, resulting from the incompatibility of your computer and/or its associated systems with the technical specifications posted on the Site.
1.7 You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Site including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer’s functionality or operation.
2. REGISTRATION
Obligations
2.1 If you wish to register with the Site, you must enter the “My Account” page on the Site and register using our online registration process. In doing so, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration process and (ii) maintain and promptly update that information to keep it true, accurate, current and complete.
Registrant email addresses, passwords and security.
2.2 Upon registering you will be required to provide us with a valid email address, username and a password. You will be asked to provide this email address, username and password once for each time you subsequently visit areas on the Site requiring registration. In addition, but in accordance with these terms and conditions and our privacy policy, we shall use this email address to contact you with information about the Site and/or your registration.
2.3 You are responsible for maintaining the confidentiality of your email address, username, password and your account and are fully responsible for all activities that occur under your email address, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, username, password or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
IP Address Ownership
2.4 We shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses.
3. CONDUCT AND USE OF THE SITE
3.1 You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
3.2 You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
3.3 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
3.4 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
4. USER CONTENT
4.1 We may allow you to make contributions to the Site through the submission of photographs, images, text, videos, contributions to forums and/or blogs (in whatsoever form) or other communications submitted by you and other users (“User Content”) and the hosting, sharing, and/or publishing of such User Content. By submitting any User Content to the Site, you hereby grant us a perpetual, world-wide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose. You also hereby grant each user of the Site a non-exclusive license to access your User Contents through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Contents as permitted through the functionality of the Site and under these Terms. You thereby waive any so-called moral rights or other similar rights in your User Content. You acknowledge that we do not guarantee the confidentiality of User Content whether or not such User Content is published on the Site.
4.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you represent, and warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content; and
(ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms.
We acknowledge that you retain all rights of ownership in your User Content.
4.3 You will not submit or post any User Content and/or use the Site in any way that:
(i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy rights;
(ii) is (or encourages, promotes or condones activities that are) illegal, unlawful, offensive, defamatory, libellous, is threatening, pornographic, harassing, hateful, racially or ethnically offensive;
(iii) promotes, supports, contains or links to software programs, applications or websites which propagate, distribute or contain hacking software or similar applications, utilities or programs, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) is designed to or does harass, threaten or abuse others;
(v) exploits minors in a sexual or violent manner;
(vi) posts advertisements or solicitations of business including, without limitation, pyramid schemes and so-called “junk mail,” “spam,” or “chain letters,”;
(vii) impersonates another person;
(viii) is generally offensive or in bad taste;
(ix) “deep links” to any portion of the Site;
(x) uses any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission;
(xi) contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xii) removes any copyright, trademark or other proprietary rights notices contained in or on the Site;
(xiii) uses other users’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user;
(xiv) creates a false or misleading identity of, (including, but not limited to), an employee of ours, or falsely states or otherwise misrepresents your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
(xv) could damage, disable, overburden or impair the Site;
(xvi) reformats or frames any portion of the web pages that are part of the Site;
(xvii) interferes with another user’s use and enjoyment of the Site;
(xviii) harvests or collects email addresses or other contact information of users, including usernames, from the Site by electronic or other means;
(xix) includes materials or content of any third party without such third party’s prior written consent, or materials or content that falsely expresses or implies that such materials or content are sponsored or endorsed by us, sia furler and/or the Site; and/or
(xx) Is otherwise in our reasonable opinion a breach of these Terms and/or applicable laws, regulations or codes of practice.
4.4 If notified in accordance with Clause 5 below that User Content infringes the rights of any third party and/or is otherwise in breach of these Terms, we will remove such User Content. We reserve the right ourselves to remove any User Content we deem in our absolute discretion to be so infringing or in breach of these Terms, and/or terminate a User’s access for uploading such User Content, at any time and without prior notice.
4.5 We do not preview, edit or otherwise control User Content and cannot guarantee the accuracy, integrity or quality of User Content posted. By using the Site, you agree to assume this risk. You accept and agree that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
4.6 You are solely responsible and liable for any activity, behaviour, use and conduct you engage in relating to the Site. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your use of and registration to the Site.
4.7 You shall indemnify us and hold us harmless from all damage, costs and expenses (including reasonable legal fees) incurred by us as a result of any claim arising out of any breach by you of these Terms and/or in connection with any User Content submitted by you.
5. COPYRIGHT AND COPYRIGHT PROTECTION
5.1 Other than User Content, this Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site (including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Site) is owned by and/or vest in us and is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world,. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site. Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site.
5.2 Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Site for such content to be placed upon the Site and made available to Site users. If you believe that your work or the work of a third party has been used on the Site in such a way that constitutes copyright infringement, please contact us at help@siamusic.net with the following information:
(i) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
(ii) A description of the copyrighted protected content that you believe has been infringed upon;
(iii) A full description of where on the Site this content can be found (including the relevant URL);
(iv) Your address, telephone number, and e-mail address;
(v) A statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
(vi) A statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner’s behalf.
6. MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right, without prejudice to any other rights and remedies available to us under these Terms or generally at law, to suspend or terminate your registration or subscription and/or use and/or availability of the Site immediately upon being made aware of any breach or potential breach by you of these Terms. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.
7. WARRANTIES AND LIMITATION OF LIABILITY
7.1 THE SITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SITE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ‘AS IS,’ ‘WITH ALL FAULTS’, ‘AS AVAILABLE’, WITH NO WARRANTIES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK
7.2 We shall not be responsible for any connection or access to the Site by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Site via the Internet, and the Internet access charges thereon
7.3 We do not warrant or represent that:
(i) the Site will meet your requirements;
(ii) access to the Site will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Site will be accurate or reliable;
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and/or
(v) any errors in any data or software will be corrected.
7.4 YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PART OF SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIVE HUNDRED POUNDS £500.00).
Links and Third-Party Services
7.5 We are not responsible for any third-party links, services, resources or information provided on or made available through the Site. Accordingly, we make no warranties and accept no liability (to the fullest extent permissible by law) regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information.
8. GENERAL LEGAL PROVISIONS
8.1 We may amend these Terms from time to time, and place the new version on the Site. When we do so, we will place a notice advising that the Terms have been changed on our homepage [insert homepage address]. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.
8.2 These Terms apply when you first access the Site, whether as a browser or a registrant. These Terms shall supercede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations), whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions. You are further advised to read (and are responsible for reading) all information on this website fully.
8.3 Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
8.4 If any provision(s) of these Terms are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
8.5 These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.
siamusic.net WEBSITE SHOP TERMS AND CONDITIONS
Welcome to the siamusic.net Shop (the “Shop”), owned and operated by ie: three ltd of 111 Frithville Gardens, London W12 7JQ ie: three Ltd REG NO 06323832 (”we,” “us”) on behalf of sia furler.
These terms and conditions (“the Terms”) incorporate by reference the terms and conditions that govern your use of the siamusic.net website (whose address is www.siamusic.net) (“the Site Terms”). If there is any conflict between these Terms and the Site Terms then the Site Terms will take precedence but only to the extent of such conflict. The Terms (including the Site Terms) any further terms and conditions referred to or linked to via the Terms) set out the terms and conditions on which we supply any of the products (“the Products”) listed on or available via the Shopour website [insert full domain name of the shop] to you. Please read these Terms carefully before ordering any Products from the Shop. You should understand that by ordering any of our Products, you agree to be bound by the Terms.
You should print a copy of these Terms for future reference.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from the Shop.
1. Your status
By placing an order through the Shop, you hereby represent and warrant:
1.1 You have the full power and authority to enter into and perform under these Terms; and
1.2 You are at least 18 years old; if you are under 18 you may only use the Shop and purchase Products from the Shop with the involvement and consent of a parent or guardian. If you are a parent or guardian of someone under the age of 18 who is using and/or buying Products from the Shop, you agree to these Terms and that you shall be responsible for the conduct and acts and/or omissions of your children in using and/or buying Products from the Shop as if these were your own.
1.3 All details you provide to us for the purpose of ordering or purchasing Products are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Product. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
2. How the contract is formed between you and us
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the Product has been dispatched (“the Confirmation Email”). The contract between us (“the Contract”) will only be formed when we send you the Confirmation Email.
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation Email.
2.3 Tthe Confirmation Email will be sent to the e-mail address given in your order form so you should ensure that the e-mail address you give is correct and current. The Confirmation Email will contain all relevant statutory information concerning your contract. You must check that the details on this Confirmation Email are correct as soon as possible and you should print out and keep a copy of it.
3. Our status
3.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
3.2 In addition, we may provide links to the websites of affiliated companies and certain other businesses (including, for example, Amazon and iTunes). We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review the third party’s privacy statements and other conditions of useWe may also provide links on the Shop to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through the Shop, or from companies to whose website we have provided a link on the Shop, will be of satisfactory quality, and to the full extent permissible by law any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
4. Consumer rights
4.1 Your statutory rights are not affected by these Terms, but (subject to your right to cancel a Contract as set out below) all purchases are non-exchangeable, non-refundable and non-transferable.
4.2 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in Clause 8 below).
4.3 To cancel a Contract, you must inform us in writing either via post to siamusic.net, PO Box 12, Nottingham, NG7 2GB, or by email to shop@siamusic.net. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.4 NOTE: your rights to cancel a Contract (as set out above) do NOT apply to Products made to your specifications or which have been clearly personalised, or to audio or video recordings which you have taken out of the sealed package in which they were delivered, or for the avoidance of doubt to digital purchases once you have downloaded them.
5. Availability and delivery
5.1 We do not guarantee that all orders placed or received will be accepted. Orders may not be accepted because of, amongst other things, technical difficulties experienced by us. We will do our best to inform you if your order has not been accepted.
5.2 We endeavour to deliver your Products within a reasonable period after the date of our Confirmation Email and in any event within [tthirty (30)] days of that date.
5.3 Delivery of Products cannot be guaranteed especially over weekends and public holiday periods.
5.4 Please note that any stated dispatch dates for Products are estimated despatch dates only. We do not guarantee despatch on any stated despatch date, and you should not rely on these despatch dates as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
5.5 You will be able to track the progress of your order (including estimated delivery times) by accessing the “Your Account” pages of the Shop.
6. Risk and title
6.1 Risk in the Products will pass to you from the time of delivery.
6.2 Title in the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1 The price of any Products will be as quoted on the Shop from time to time, except in cases of obvious error.
7.2 Each order must be placed in pounds sterling. The actual cost to you, if you pay in a different currency, will vary according to the exchange rate applied by the issuer of your credit or debit card on the date of billing. We cannot take responsibility for any discrepancy.
7.3 These prices include VAT but exclude delivery costs. You will be informed as to all applicable delivery charges before you place your order.
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
7.5 The Shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.7 Payment for all Products must be by credit or debit card or via PayPal. We will not charge your credit or debit card until we despatch your order. If your order is accepted, your credit or debit card will be debited automatically. If your order is accepted, but your credit or debit card is rejected by our systems, we may terminate our agreement without incurring liability to you.
8. Our refunds policy
8.1 When you return a Product to us because you have cancelled the Contract further to Clause 4.2 above, we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
8.2 In the unlikely event that we deliver goods which were not what you ordered or which are damaged or defective, or if the delivery is of a quantity different to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the Confirmation Email within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Our liability
9.1 We warrant to you that any Product purchased from us through the Shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Except for our liability further to Clause 9.3 below, our total liability for losses you suffer as a result of any breach by us of these Terms is strictly limited to the purchase price of the Product you purchased.
9.3 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence, any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, liability arising under section 2(3) of the Consumer Protection Act 1987 and/or for fraud or fraudulent misrepresentation.
9.4 TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE BY APPLICABLE NATIONAL LAW, WE DO NOT ACCEPT LIABILITY FOR ANY INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS HOWSOEVER ARISING (AND EVEN IF FORESEEABLE) OUT OF THE USE OF THE SHOP OR FOR ANY PRODUCTS PURCHASED FROM THE SHOP, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA AND/OR WASTE OF MANAGEMENT OR OFFICE TIME HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.
9.5 WE DO NOT ACCEPT LIABILITY (EXCEPT AS SET OUT HEREIN) FOR ANY ERRORS AND OMISSIONS AND RESERVE THE RIGHT TO CHANGE INFORMATION, SPECIFICATIONS AND DESCRIPTIONS OF LISTED PRODUCTS. WE WILL DO OUR BEST TO CORRECT ERRORS AND OMISSIONS AS QUICKLY AS PRACTICABLE AFTER BEING NOTIFIED OF THEM.
9.6 We attempt to ensure that the information available on the Shop at any time is truthful and accurate. However, we assume no duty to update such information and we cannot guarantee that it will be correct.
9.7 We make no representations or warranties about the fitness for a particular purpose of any of the Products available via any third party seller.
9.8 Where you buy any Product from a third party seller through the Shop, the seller’s individual liability will be set out in the seller’s terms and conditions.
10. Import duty
10.1 If you order Products from the Shop 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 we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Shop, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Notices
All notices given by you to us must be in writing and given to ie: three ltd of 111 Frithville Gardens, London W12 7JQ ie, or sent to the following email address: shop@siamusic.net. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 11 above. Notice will be deemed received and properly served immediately when posted on our 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.
13. Transfer of rights and obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action, Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.
14.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. Waiver
15.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16. Severability
If any of these Terms or any provisions of the 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.
17. Entire agreement
17.1 These Terms (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.
17.2 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.
18. Our right to vary these terms
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18.3 We may amend these Terms from time to time, and post the new version on the website. When we do so, we will mention the fact on our home page [insert correct home page address]. All purchases from the date of posting onwards will be governed by that new version.
19. Law and jurisdiction
These Terms and Contracts for the purchase of Products through the Shop are subject to the laws of England and Wales whose Courts shall be the Courts of exclusive jurisdiction.
20. INTELLECTUAL PROPERTY RIGHTS
All content (including copyright works and trade marks) contained in this web site belongs either to us or is reproduced with the consent of the appropriate rights holder. You may only use or copy the content for the purpose of purchasing Products from us.
21. EXCLUSION OF THIRD PARTY RIGHTS
Unless expressly provided in these Terms, no provision of these Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it, and the parties to these Terms may terminate or vary any of the terms without the consent of any third party.
