Flower Power Book
Terms & Conditions
1. INTRODUCTION
Please read these terms and conditions carefully before using this Website operated by Flower Power Book, Registered Charity No. 1196754 having our registered office at 12 Narrow Lane, Denstone, Uttoxeter, ST14 5DR. By accessing or using our Website, you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.
If you have any other queries on how to use this site please email us at info@flowerpowerbook.co.uk or write to us at Flower Power Book, 12 Narrow Lane, Denstone, Uttoxeter, ST14 5DR with a brief outline of your problem.
Details of procedures, products, services, prices, payment and delivery are displayed on our Website. If you choose to place an order, you will be given clear instructions on how to navigate our simple online order process and you will be required to provide us with your accurate personal details.
Please:
1. Read through these terms and conditions carefully before using this Website.
2. Read our privacy policy section regarding your personal information.
If you have a comment, concern or complaint about a product you have purchased
from us, please contact us via email at info@flowerpowerbook.co.uk.
2. GENERAL
We reserve the right to change any
product prices, product specifications and availability at any time. All prices
and descriptions supersede all previous publications. All product descriptions
are approximate. If any provision of these terms and conditions is held by any
competent authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions of this Agreement and the remainder of the
provision in question will not be affected.
This Website, any content contained herein and any contract brought into being
as a result of usage of this Website are governed by and construed in
accordance with law of the jurisdiction specified in the clause below and the
parties to any such contract agree to submit to the exclusive jurisdiction of
the courts as specified. All contracts are concluded in English. These terms
and conditions do not affect your statutory rights.
3. DEFINITIONS
‘Conditions’ means these terms and conditions.
‘We/us/our’ means Flower Power Book
‘Website’ means the Website located at www.flowerpowerbook.co.uk or any subsequent URL which may replace it or sit alongside it.
‘United Kingdom’ means England, Wales, Scotland, Northern Ireland and the Channel Islands.
‘You/your’ means a user of the Website.
‘Working days’ mean Monday to Friday (excluding public holidays in the United Kingdom).
4. ORDER PROCESS
Your order will only be accepted if received from within the United Kingdom and from a person over the age of 18. To place orders from overseas please contact us directly at info@flowerpowerbook.co.uk
All orders are subject to acceptance
and availability. If any goods ordered are not available, you will be notified
by email and you will have the option either to wait until the item is
available from stock or to cancel your order. It is your responsibility to
provide us with a valid email address so that we can contact you if necessary.
Any orders placed by you will be treated as an offer to purchase the goods or
services from us and we have the right to reject such offers at any time prior
to acceptance.
You shall be responsible for ensuring the accuracy of the details provided on
the order form and we will not accept an order unless all details requested on
the order form have been entered correctly.
You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website.
The conclusion of a contract between you and us will take place when we accept your order by (i) debiting your credit or debit card, or (ii) despatching goods to you whichever is the earlier.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Each item or service purchased is
sold subject to additional specific terms and conditions relating to that item
or service including, without limitation, terms and conditions concerning
estimated delivery times and any warranties. Please ensure that you read such
additional terms.
We are entitled to refuse any order placed by you and will not be required to
provide an explanation.
5. DELIVERY
Downloadable goods will be delivered to your registered email address; upon receipt of your payment you will receive a unique, single use, download access code to retrieve your PDF documents; physical goods will be delivered to you, the buyer, at the address provided by you on the order form.
We can deliver to an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
You will become the owner of goods you have ordered when they have been paid for and delivered to you.
Any dates quoted for delivery of goods are approximate only and we shall not be liable for any delay in delivery of goods however caused.
6. PAYMENT
All prices are correct at the time of
entering the information onto the system. Prices are in Pounds Sterling unless
otherwise specified.
We reserve the right, by giving notice to you, the buyer, at any time before
delivery to increase the price of goods or services to reflect any increase in
the cost to us, which is due to any factor beyond our control (such as without
limitation, any foreign exchange fluctuation, significant increase in the costs
of labour, materials or other costs of manufacture).
In the unlikely event of there being such an increase in the price of physical goods or services you, the buyer, shall be entitled to cancel the order at any time before delivery.
In the unlikely event that the price or description of an item or service has been incorrectly advertised, we will contact you by email, telephone or post to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already despatched your order, we will not be obliged to supply products at the incorrect price or based on an incorrect description.
Payment must be made at the time of ordering. We are unfortunately unable to offer approval or inspection copies of our products. However, we aim to make our website as comprehensive as possible, in order to help you make your choice. Each item has a description, the ability to click on a ‘Look Inside’ facility or view samples of downloads; excerpts from all songs and music can be heard and samples of the sheet music can be seen.
Payment can be made by any major credit or debit card. However, we do not accept American Express or Solo cards. Payment will be debited and cleared from your account before the despatch of your goods.
By placing an order, you, the buyer,
consent to payment being charged to your debit/credit card account.
Title to the goods will pass to you, the buyer, on delivery of the goods.
When you pay for your order by credit or debit card, we carry out checks or ‘authorisations’ with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details.
If you are an LEA school within the UK we can offer you the option to be invoiced if you wish to purchase bundles of books. If you choose to be invoiced for this purpose, please make sure that your payment reaches us within 14 days of the invoice date.
For all other customers, payment must be made at the time of ordering.
Please note that all purchases of downloadable materials must be paid for by a debit or payment card at the point of ordering, at which time you will receive a sales receipt.
7. ELIGIBILITY
To be eligible to purchase goods or
services on this Website and lawfully enter into and form contracts on this
Website, you must:
• if an individual, be 18 years of age or over; and
• stipulate a delivery address in the United Kingdom (excluding the Channel
Islands); and
• register your real name, address, phone number, email address and any other
details requested.
If you are under 18, please ask an adult to contract on your behalf. By
offering to purchase goods and services, you represent to us that you are 18
years of age or over and authorise us to transmit information (included updated
information) to obtain information from third parties, including but not
limited to, your debit or credit card numbers or credit reports to authenticate
your identity, to validate your credit card, to obtain an initial credit card
authorisation and to authorise individual purchase transactions.
8. RETURNS
Flower Power Book does not accept returns unless a product is discovered to be faulty upon delivery and we have been informed of this straight away. In the unlikely event that a book or CD is shown to be faulty, please contact us immediately.
We are very sorry but Flower Power Book cannot accept returns of our products where the CD envelope has been unsealed.
Flower Power! the musical score is sold as a package with a CD; please contact us if you need to purchase additional copies of the CD for your school.
Should you wish to return any product, please contact us first of all so that we can confirm whether or not we will be able to accept the item concerned. If we approve a return, we will refund the value of the product provided we receive it in perfect condition, less the original P&P. Please ensure any product to be returned is carefully packaged, as we will only be able to offer a partial refund should any product be received in less than perfect condition. You will be expected to pay P&P for the return delivery unless we sent the product to you in error, or the product is faulty upon delivery. Please allow 30 days from receipt by us of your item for your refund to be processed or replacement item despatched.
We reserve the right to refuse to issue a refund/replacement item and to recover the cost of the returns delivery from you in the event that the item is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear. This does not affect your statutory rights.
Digital Downloads cannot be cancelled or refunded once downloading has begun, and they must be paid for, with a card online, before purchase.
Any downloads that you have purchased are copyright. Please respect this copyright. For legal purposes downloads are licensed solely to you for use only within your establishment. They cannot be shared with any other 3rd party or organisation. Downloads may not be shared on a school portal or the internet.
9. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
No licence is granted to you in these Conditions to use any trade mark of www.flowerpowerbook.co.uk
Goods sold by us may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
10. WEBSITE
We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
Products, services, prices and offers
are only valid at the time they are published on our Website. All images should
be used only as a guide or representation of the item.
All drawings, descriptive matter and specifications of goods and services on
the Website are for the sole purpose of giving an approximate description of
the goods and services.
We may also change, suspend or discontinue any aspect of the Website, including
the availability of any features, information, database or content or restrict
access to parts or all of the Website without notice or liability.
We reserve the right to:
10.1. modify or withdraw, temporarily or permanently, this Website (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
Website; and/or
10.2. change the Conditions from time to time, and your continued use of the
Website (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.
You may not use the Website for any
of the following purposes:
10.3. disseminating any unlawful, harassing, libellous, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable material;
10.4. transmitting material that encourages conduct that constitutes a criminal
offence, results in civil liability or otherwise;
10.5. breaches any relevant laws, regulations or code of practice;
10.6. gaining unauthorised access to other computer systems;
10.7. interfering with any other person’s use or enjoyment of the Website;
10.8. breaching any laws concerning the use of public telecommunications
networks;
10.9. interfering or disrupting networks or websites connected to the Website;
and
10.10. making, transmitting or storing electronic copies of materials protected
by copyright without the permission of the owner.
We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
11. LIABILITY AND INDEMNITY
Notwithstanding any other provision
in the Conditions, nothing in these Conditions will affect or limit your
statutory rights; or will exclude or limit our liability for death or personal
injury resulting from our negligence.
The Website is provided on an ‘as is’ and ‘as available’ basis without any
representation or endorsement made and we make no warranties, whether express
or implied, in relation to the Website, or any transaction that may be
conducted on or through the Website including but not limited to, implied
warranties of non-infringement, compatibility, security, accuracy, condition or
completeness, or any implied warranty arising from course of dealing or usage
or trade custom.
You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
We will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the delay or failure was due to any cause beyond our reasonable control.
We will not be liable, in contract or
tort (including, without limitation, negligence), or in respect of pre-contract
or other representations (other than fraudulent or negligent
misrepresentations) or otherwise for:
11.1. any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
11.2. any loss of goodwill or reputation; or
11.3. any special or indirect losses suffered or incurred arising out of or in
connection with the provision of any matter under the Conditions.
You agree to fully indemnify, defend and hold us, the directors, and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
12. FORCE MAJEURE
We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.
13. REGISTRATION
You warrant that:
13.1. the personal information which you are required to provide when you
register is true, accurate, current and complete in all respects;
13.2. you are not impersonating any other person or entity and
13.3. you will notify us immediately of any changes to your personal information
by emailing or telephoning our customer service representatives.
14. PRIVACY POLICY
You can find full details of our Privacy Policy on the Website.
15. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Conditions 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.
16. EXTERNAL LINKS
To provide increased value to our
users, we may provide links to other websites or resources for you to access at
your sole discretion. You acknowledge and agree that, as you have chosen to
enter the linked website we are not responsible for the availability of such
external sites or resources, and do not review or endorse and are not
responsible or liable, directly or indirectly, for:
16.1. the privacy practices of such websites;
16.2. the content of such websites, including (without limitation) any
advertising, content, products, goods or other materials or services on or
available from such websites or resources; or
16.3. the use which others make of these websites or resources, nor for any
damage, loss or offence caused or alleged to be caused by, or in connection
with, the use of or reliance on any such advertising, content, products, goods
or other materials or services available on such external websites or
resources.
17. GOVERNING LAW AND JURISDICTION
The Website is controlled and operated in the United Kingdom.
The Conditions will be governed by the laws of Scotland and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Scotland.
