Terms and Conditions
BLUE RIPPLE SOUND LIMITED
WEBSITE TERMS AND CONDITIONS OF SUPPLY
These Website Terms and Conditions of Supply ("Terms") are made between Blue Ripple Sound Limited (Co. Reg. 06571739) ("We") and you in respect of the sale and purchase of certain products ("Products") available on www.blueripplesound.com ("Website"). Please read these Terms carefully before ordering any of the Products. You understand that by ordering any of the Products, you agree to be bound by these Terms. If you do not accept these Terms, you may not be able to place your order for the Products. You are advised to print and retain a copy of these Terms for your future reference.
INFORMATION ABOUT US
- The Website is operated by Blue Ripple Sound Limited which is a company registered in England and Wales under company registration number 06571739 and having our registered office at c/o BSG Valentine & Co., 7-12 Tavistock Square, London WC1H 9BQ. Our VAT number is 933 4246 31.
- By placing an order with us for the purchase of the Products, you warrant that:
- you are legally capable of entering into any binding contracts;
- you are at least 18 years old and above; and
- you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the purchase of the Products.
YOUR CONTRACT WITH US
- After you have placed an order with us for the Products using the Website, you will receive an email from us acknowledging that we have received your order. Your order constitutes an offer to us to purchase a Product. All orders are subject to acceptance by us and we shall confirm such acceptance to you by sending you an email confirming the acceptance of your order ("Confirmation Email"). Your contract with us for the purchase of the Products shall only be formed upon your receipt of the Confirmation Email.
- Each contract between you and us relates only to the Products which have been confirmed in the Confirmation Email. We shall not be obliged to supply you with any other Products which have not been set out in the Confirmation Email.
PRODUCT AND DOWNLOAD AVAILABILITY
- The Confirmation Email will include an authentication key ("Authentication Key") to access the Product and a link by which you may download the Product to your personal computer. Your use of the Product shall be strictly governed by the appropriate end user licence agreement ("End User Licence Agreement") which shall be made available to you when you access the Product. We recommend that you read and accept the End User Licence Agreement prior to using the Product.
- We rely on third party service providers to process your order and to make the Product available to be downloaded via the link in the Confirmation Email. We therefore cannot guarantee the processing of your order or the availability of the Product to be downloaded from the third party server at all times. We shall where possible use our reasonable endeavours to notify you of any scheduled server or website downtime and to provide you with alternative means by which you may access and download the Product.
PRICES AND PAYMENT
- Unless otherwise expressly set out to the contrary or in cases of obvious error, the prices ("Prices") of all Products shall be as set out on the Website and shall be correct at the time of you placing the order.
- We shall use our reasonable endeavours to ensure that the Prices of the Products are accurate and correct at all times. Where there is a discrepancy between the actual Price and the Price advertised, we shall inform you of the actual Price of the Product. If the Price discrepancy arises after you have placed your order for the Product with us, you shall have the option of proceeding with our order in consideration for the actual Price or to cancel your order with us.
- You may pay for your order using the method of payment set out on the Website. We reserve the right not to process your order if we (or our appointed payment handler) do not receive payment of the Price and any other applicable charges including without limitation any applicable taxes.
- All Prices quoted on the Website shall be inclusive of VAT. An itemised receipt of your purchase shall be available once payment of the Price has been made.
- If you are a non United Kingdom resident, your purchase may be subject to additional local taxes. We shall not be responsible for any such additional taxes and we recommend that you seek independent advice in respect of payment of such additional taxes, where applicable.
CANCELLING YOUR ORDER AND YOUR CONSUMER RIGHTS
- You acknowledge and agree that upon your receipt of the Authentication Key in the Confirmation Email, you are deemed to have "used" the Product and therefore, will not be able to rely on any cancellation rights during the "Cooling-Off Period" under the Consumer Protection (Distance Selling) Regulations 2000.
- Subject to clause 6.1, you may cancel your order and request for a refund of the Price, provided that:
- such cancellation is made prior to your receipt of the Confirmation Email; and
- your request to cancel is sent by email to email@example.com or any other designated email address(es) published on the Website.
- We shall use our reasonable efforts to promptly process your refund, or in any case, within thirty (30) days from the date of your notice pursuant to clause 6.2.2.
- We are entitled not to refund you the Price if:
- you have received the Confirmation Email at the time of your cancellation; or
- we have reason to believe that you have received the Confirmation Email at the time of your cancellation; or
- you have used the Product or the Authentication Key in any way; or
- you fail to comply with clause 6.2.2.
- For the avoidance of doubt, this does not affect your statutory rights in the event that the Product and/or the Authentication Key are defective.
DEFECTIVE PRODUCT OR AUTHENTICATION KEY
- In the event you are unable to access and/or use the Product and/or the Authentication Key due to a defect, we shall use our reasonable endeavours to repair the defect or provide you with a replacement. If we are unable to repair the defect or provide you with a replacement, we shall refund you the Price you paid for the Product.
PURCHASES AND USES OF THE PRODUCTS MADE OUTSIDE THE UNITED KINGDOM
- If you opt to access the Website and purchase the Product from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws.
- We cannot guarantee that the purchase and use of the Products are lawful outside the United Kingdom. You therefore agree that you shall be fully responsible for ensuring that your purchase and use of the Products comply with all applicable local laws and regulation.
- All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms are expressly excluded to the fullest extent permitted by law.
- Subject to clause 9.4, our total liability to you for losses you suffer as a result of us breaching the provisions in these Terms is strictly limited to the Price of the Products you purchased.
- Subject to clause 9.4, we shall not be liable for:
- any indirect loss which occurs as a side effect of the main loss or damage;
- loss of income or revenue;
- loss of profits;
- loss of business or contracts;
- loss of data; or
- waste of management or office time, however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. For the avoidance of doubt, losses are foreseeable if they could be contemplated by you and us when you place your order.
- Nothing in these Terms shall include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987; or
- for fraud or fraudulent misrepresentation.
INTELLECTUAL PROPERTY RIGHTS
- We and our licensors own all rights in the intellectual property rights relating to the Website and the Products.
- You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any material and information available on the Website;
- removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Blue Ripple Sound Limited or could be considered an infringement of any of the rights in the intellectual property rights owned and/or licensed to Blue Ripple Sound Limited.
- Your use of the intellectual property rights in the Products are set out in the End User Licence Agreement and we strongly recommend that you read and accept the End User Licence Agreement prior to using the Product.
- If we fail at any time to insist upon strict performance of its obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall no constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- All notification and communication to us shall be sent to the contact details published on the Website.
- If any of these Terms 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 shall continue to be valid to the fullest extent permitted by law.
- These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and your use of the Product, and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- You acknowledge that by entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
- These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
Blue Ripple Sound Limited
c/o BSG Valentine & Co.,
7-12 Tavistock Square,
London WC1H 9BQ
Company registration number: 06571739
VAT registration number: 933 4246 31
© 2009-2011 Blue Ripple Sound Limited. All rights reserved.