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Terms and Conditions - melodymovement.com

TERMS AND CONDITIONS
MELODYMOVEMENT.COM

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Terms and Conditions

TERMS OF BUSINESS

If you buy a book from us the following terms will apply :-

1. The Contract between us
We must receive payment of the whole of the price for the books that you order before your
order can be accepted. Once payment has been received by us we will confirm that your order
has been accepted by sending an e-mail to you at the e-mail address you have provided on
your registration form. Our acceptance of your order brings into existence a legally binding
contract between us.

2. Price
2.1
The prices payable for books that you order are as set out in our website.

2.2
It might not be possible for us to deliver to some locations.

3. Right for you to cancel your contract
3.1
You may cancel your contract with us for the books you order at any time up to the end of the
second working day from the date you order books. You do not need to give us any reason for
cancelling your contract nor will you have to pay any penalty.

3.2
To cancel your contract you must notify us by e-mail.

3.3
If you have received the books before you cancel your contract then you do not have a right to
cancel. If you cancel your contract but we have already processed the books for delivery you
must not unpack the books when they are received by you and you must send the books back
to us at our contact address at your own cost and risk as soon as possible

3.4
Once you have notified us that you are cancelling your contract, any sum debited to us from
your account or credit/debit card will be re-credited to your account as soon as possible and in
any event within 30 days of your order PROVIDED THAT the books in question are returned
by you and received by us in the condition they were in when delivered to you. If you do not
return the books delivered to you, we shall be entitled to deduct the cost of the books from the
amount to be re-credited to you.

4. Cancellation by us
4.1
We reserve the right to cancel the contract between us if :-

4.1.1 we have insufficient stock to deliver the books you have ordered

4.1.2 we do not deliver to your area

4.1.3 we no longer wish to deal with you

4.2
If we do cancel your contract we will notify you by e-mail and will re-credit to your account
any sum deducted by us from your account or debit/credit card as soon as possible but in any
event within 30 days of your order. We will not be obliged to offer any additional
compensation for disappointment suffered.

5. Delivery of books to you
5.1
We will deliver the books ordered by you to the address you give us for delivery at the time
you make your order.

5.2
Delivery will be made as soon as possible after your order is accepted and in any event within
21 days of your order.

5.3
You will become the owner of the books you have ordered when they have been delivered to
you. Once books have been delivered to you they will be held at your own risk and we will not
be liable for their loss or destruction.

6. Liability

6.1
If the books we deliver are not what you ordered or are damaged or defective or the delivery is
of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our
contact address of the problem within 10 workings of the delivery of the books in question.

6.2
If you do not receive books ordered by you within 21 days of the date on which you ordered
them, we shall have no liability to you unless you notify us in writing at our contact address of
the problem within 28 days of the date on which you ordered the books.

If you notify a problem to us under this condition, our only obligation will be at our option :-

6.2.1 to make good any shortage or non-delivery : or

6.2.2 to replace any books that are damaged or defective ; or

6.2.3 to refund to you the amount paid by you for the books in question in whatever way we
choose

6.3
Save as precluded by law, we will not be liable to you for any indirect or consequential loss,
damage or expenses (including loss of profits, business or goodwill) howsoever arising out of
any problem you notify to us under this condition and we shall have no liability to pay any
money to you by way of compensation other than to refund to you the amount paid by you for
the books in question and under clause 6.2.3 above.

6.4
You must observe and comply with all applicable regulations and legislation to purchase
books from our site.

6.5
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any
rights you might have as a consumer under applicable local law or other statutory rights that
may not be excluded nor in any way to exclude or limit our liability to you for any death or
personal injury resulting from our negligence.

7. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us
must be in writing and sent to our contact address at Melody Movement, Darwood, Darwood
Place, St Ives, Huntingdon, Cambs, PE27 5PF and all notices from us to you will be displayed
on our website from time to time.

8. Events beyond our control
We shall have no liability to you for any failure to deliver books you have ordered or any
delay in doing so or for any damage or defect to books delivered that is caused by any event or
circumstance beyond our reasonable control including, without limitation, strikes, lock-outs
and other industrial disputes, breakdown of systems or network access, flood, fire, explosion
or accident.

9. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which
we exclude our liability to you) the enforceability of any other part of these conditions will not
be affected.

10. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

11. Third Party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party
to this agreement has no right under the UK 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 the Act.

12. Governing law
The contract between us shall be governed by and interpreted in accordance with English law
and the English courts shall have jurisdiction to resolve any disputes between us.

13. Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact
details and privacy policy, set out the whole of our agreement relating to the supply of the
books to you by us. Nothing said by any sales person on our behalf should be understood as a
variation of these terms and conditions or as an authorised representation about the nature or
quality of any books offered for sale by us. Save for fraud or fraudulent misrepresentation, we
shall have no liability for any such representation being untrue or misleading.

14. Registration
14.1
We shall be under no obligation to register you as a customer of our business.

14.2
Persons under the age of 18 are not eligible to use our services and must not attempt to
register.

14.3
We reserve the right to suspend or terminate your account with us.

14.4
If your account has been suspended or terminated you may not re-register with us without our
prior consent.

15. Acknowledgement of Intellectual Property Rights
You acknowledge that all copyright, trade marks and other intellectual property rights in and
relating to Melody Bear and Melody Movement are owned by Jill Ewing. You must not use
any of those intellectual property rights, or the Melody Movement services, except to the
extent necessary to buy or sell books in the manner anticipated in this agreement.


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