Terms, Conditions and Ordering information
1. Our Agreement
1.1 Acceptance of Terms.
These terms and conditions ("Terms") are the terms on which we provide our Products to you.
Please read these Terms carefully before ordering.
You should keep a copy of these Terms for future reference.
We will file a copy of any Orders made by you.
By continuing to use this Web Site and submit Orders via the Web Site you agree to be bound and abide by these terms and conditions.
1.2 The ordering process and order confirmations.
Your Order constitutes an offer to us to buy the Product.
All Orders are subject to availability and to acceptance by us.
We will send you an email acknowledging receipt of your Order.
Please note that this does not constitute acceptance by us.
The contract for purchase of the Product is formed when we send you an email that confirms that the Product has been dispatched (the Dispatch Email).
1.3 Terms used in this Agreement.
Terms in this Agreement shall have the following meanings:
"Agreement" - the contract between you and Music Exchange as set out in these Terms.
"Order" - an order for Products on the Web Site.
"Product" - the gift products available from the Web Site.
"We/us/our/Music Exchange/Sparkle Home and Gifts" including where appropriate our employees and authorised agents.
"Working Days" - a day which is not a Saturday, Sunday or a Bank Holiday in the UK.
"Web Site" - The Web Site at www.sparklehomeandgifts.co.uk
These Terms are only available in the English language.
2. General Information about Sparkle Home and Gifts.
The Web Site is operated by Music Exchange (Manchester) Limited trading as Music Exchange a company registered in England and Wales under registration number 864717.
Our registered address is Claverton Road, Manchester, M23 9ZA, United Kingdom.
Music Exchange sell Printed Music, Gifts and Accessories and can take orders via this Web Site, by post,
by telephone and fax, for delivery by mail order. Our VAT number is GB 834 8670 00.
If you have any questions, complaints or comments about this Web Site then please contact us by email at firstname.lastname@example.org,
using our online contact form
by post at the address given above, by fax on 0161 946 1195 or by telephone at 0161 946 9301.
Music Exchange (Manchester) Limited is registered as a data controller for the purposes of the Data Protection Act 1998.
Our registration number on the register of data controllers maintained by the Information Commissioner is Z5665946.
3.1 You are responsible for maintaining the confidentiality of any passwords,
user names or other login details (together "Login Details") and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Web Site and will not be responsible for losses suffered where your Login Details are used by someone else unless this is due to our negligence. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your Login Details.
3.2 You promise to Music Exchange and confirm that:
3.2.1 All information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times
3.2.2 You will comply with the restrictions on your use of the Web Site as set out in these Terms
3.2.3 In relation to any material submitted to or posted on the Web Site by you, you have the right to do so, and
3.2.4 You are legally capable of entering into binding contracts
3.3 If we take legal action against you for non-payment or any other breach of these Terms
and a court makes an award in our favour you will be responsible for all costs allowable by the Courts.
3.4 You agree that in using the Web Site you will not:
3.4.1 use the Web Site for any unlawful purpose.
3.4.2 use the Web Site in any way that interrupts, damages, impairs or renders the Web Site less efficient
3.4.3 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Web Site security measures
3.4.4 submit, post, upload or otherwise disseminate any content which is defamatory, obscene, unlawful or
may have the effect of being harassing, threatening or abusive on the basis of religion, gender, sexual orientation, race, ethnicity,
age, disability or otherwise
3.4.5 advertise or promote third party or your own products or services other than in accordance with the Music Teacher register provisions below.
3.4.6 use the Web Site for any purpose other than your personal use.
3.5 We reserve the right to suspend, restrict or terminate your access to the Web Site at any time without notice if we have reasonable grounds
to believe you have breached any of these restrictions.
This shall not limit our right to take any other action against you that we consider appropriate.
3.6 Your use of the Web Site and its contents grants no rights to you in relation to our intellectual property rights including, without limitation,
copyright trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Web Site
and its contents.
3.7 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or
distribute in any way the Products, Web pages or materials on the Web Site or the computer codes of elements comprising the Web Site.
3.8 Any use other than that permitted under this clause may only be undertaken with our prior express authorisation.
4.1.1 You may browse the Web Site without any registration or signing in.
4.1.2 Please use the Search tools at the top centre of each page to find products and services currently on offer.
4.1.3 Details of the Search tools are shown below.
4.1.4 Product items may be added to a Shopping Basket to create a list of potential purchases.
4.1.5 Click the "Shopping Basket" link to view the contents of your shopping basket and make amendments to its contents as required.
4.1.6 To purchase the items in your shopping basket click the "Checkout" link.
4.1.7 You must either sign in as an existing user or complete the delivery and payment form to complete your order.
4.1.8 Registration is not necessary for making a purchase from this Web Site.
4.2 The Shopping Basket
4.2.1 The shopping basket shows all items selected by you for potential purchase.
4.2.2 To increase/decrease the quantity ordered for any item, amend the quantity shown and click the "Update Quantity" button.
4.2.3 To remove items completely from the shopping basket make the quantity value 0 (zero) and click "Update Quantity".
4.2.4 Please note the Stock Availability indicator is for general guidance only.
4.2.5 In Stock items are available for immediate dispatch.
4.2.6 Items shown as "Stock Expected Shortly" will be on general order and likely to be back in stock shortly.
4.2.7 Items shown as "Available To Order" can be back ordered and are subject to availability from the suppliers.
4.2.8 Please contact us for the latest information.
4.3.1 Payment at the Checkout can be processed via our Secure Hosting Payment Gateway or via PayPal.
4.3.2 No details of payment cards are retained by either ourselves or our Payment Gateway.
4.3.3 Click the "Purchase" button to complete the Order.
4.3.4 An acknowledgement of your order will be sent to you via email.
4.4.1 Registration is not necessary for purchasing products from this Web Site.
4.4.2 To be able to purchase items we need you to supply details of a delivery address and payment method.
4.4.3 Complete all required fields on the registration form and click the "Continue" button when done.
4.4.4 A warning will show if any entered data fails to meet the requirement. Please check all details entered for correctness.
4.4.5 Please be particularly careful when entering email addresses and billing card dates
4.5 Music Search
4.5.1 Enter text in the Search text field, (Use titles or names or parts thereof to narrow your search), and click the "Find" button.
4.5.2 The search will find products containing all entered terms anywhere within the products description.
4.5.3 Terms such as AND and & are ignored.
4.5.4 The results if any will be displayed in a "Product List".
4.5.5 You can click the catalogue number link to view further details of that product.
4.5.6 Enter a quantity and click the "Add" button to place that item in your shopping basket.
4.10 Links to and from other Web Sites.
4.10.1 You may establish links to the Web Site provided:
You link only to the home page of the Web Site
You do not remove or obscure, advertisements, the copyright notice or other notices on the Web Site
You give us notice of such link by sending an e-mail message to us at the email address detailed above, and
You stop providing links to the Web Site immediately if we require you to.
4.10.2 We may provide links to other Web Sites from time to time (via advertising or otherwise). You acknowledge that:
These links are provided for your ease of reference and convenience only
We do not control such third party Web Sites and are not responsible for their contents
Our inclusion of links does not imply any endorsement of the material contained in such Web Sites or any association with their operators
We will not be party to any transaction or contract with a third party that you may enter into via such Web Sites
We shall not be liable to you in respect of any loss or damage which you may suffer by using those Web Sites and
You agree that you will not involve us in any dispute between you and the third party.
5.1 Prices and payment
5.1.1 The price of a Product shall be as stated on this Web Site at the time you place your order except in the case of obvious error.
We try and ensure that all prices on our Web Site are accurate but errors may occur.
If we discover an error in the price of a Product you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
If you cancel and you have already paid for the Product , you will receive a full refund.
5.1.2 Prices shown are inclusive of UK Value Added Tax.
5.1.3 Prices do not include delivery. Postal Charges and Back Order charges are detailed in the Schedule below.
5.1.4 We accept online payment by debit or credit card only.
Payment will be debited from your account upon or shortly before despatch of the Product to you.
You confirm that the credit/debit card that is being used is yours.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
5.1.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.1.6 Our Web Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Web Site 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 our Web Site, 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.
5.1.7 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.1.8 If you order Products from our Web Site 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.
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.
5.2 Delivery and ownership
5.2.1 Products will be dispatched by first class post for deliveries within the UK or by courier.
Prices shown on the Web Site do not include delivery.
Our Delivery Charges are detailed in the Schedule below.
5.2.2 We shall endeavour to dispatch the Product to you as soon as possible after you place your order and in any event within 30 days beginning on the day after you place your order.
If we are unable to dispatch the Product within that time we will email to let you know and to give you an estimated delivery date.
In these circumstances you have the right to cancel the order and receive a full refund.
5.2.3 As soon as the Product is delivered to you, you are responsible for it.
5.2.4 Ownership of the Product will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5.2.5 We want you to be happy with your purchase from us.
If you are unhappy with the Product in any way please contact us at the contact details provided above as soon as possible.
5.3 Cancellation, returns and refunds
5.3.1 We hope that you will be happy with your order from the Sparkle Home and Gifts online shop.
5.3.2 If any item does not meet with your expectations, please contact the us directly within fourteen days of delivery.
5.3.3 This does not affect your statutory rights, which include:
that any Products supplied by us will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Web Site
certain remedies if a Product is defective and a right to return a Product to us within fourteen days after the day on which you receive it, and receive a full refund even if it is not defective.
This right is subject to certain conditions and exceptions (see "Return of non faulty goods" below).
Nothing in these Terms is intended to affect these statutory rights.
For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
5.4 Return of goods
5.4.1 If you are not happy with your order, you have the right to return the Product to us and receive a full refund provided:
You notify us in writing that you are cancelling your purchase no later than the fourteenth day after the day on which you received your Product,
You have taken reasonable care of the Product prior to return - in particular this means they must not have been damaged, copied, altered or worn excessively, and that any labels or tags should not be removed.
You may give us notice of cancellation by any written means (including email, fax or letter), but it will speed up the process for you and us if you contact us by email at email@example.com or by telephone at 0161 946 9301.
You will be responsible for the cost of returning the Product to us, unless it is faulty, incorrect or misdescribed.
Please return the Product in suitable packaging to ensure it reaches us in good condition.
5.4.2 We will refund the purchase price and original delivery charge of any goods returned no later than 30 days from the day when you give us notice of cancellation.
5.4.3 Please note that if you fail to take reasonable care of returned Products, or fail to return the Product to us, we will be entitled to make a claim against you for any losses which we suffer.
5.4.4 Please note that you do not have the right to return the following types of Products, unless they are faulty or have been misdescribed:
CDs, videos, DVDs, computer software and/or computer games unless the shrink wrapping is intact, and newspapers, magazines or periodicals.
5.4.5 If a Product is faulty or does not meet the description given on the Web Site at the time you placed your order, please contact us as soon as possible.
We will refund the purchase price, delivery charge and any reasonable costs you incur in returning it to us.
We recommend that returned Products are sent via insured, traceable delivery service.
5.5 Restricted countries
We cannot accept payment cards from the following countries….
Belarus, Burma/Myanmar, Democratic Republic of Congo, Eritrea, Federal Republic of Yugoslavia & Serbia, Iran, Iraq, Ivory Coast (Cote d’Ivorie), Lebanon and Syria, Liberia, North Korea (Democratic People’s Republic of Korea), Republic of Guinea, Somalia, Sudan, Zimbabwe, Cuba, Balkans, Libya
6. Our Legal Obligations and Limits On Our Liability.
6.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents.
We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
6.2 If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach.
Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement.
6.3 We are not responsible for:
indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement,
(including for example loss of profits, loss of opportunity, loss of income or revenue, loss of business, loss of contracts, loss of anticipated savings, loss of data or waste of management or office time,
however arising and whether caused by tort (including negligence), breach of contract or otherwise),
for any content posted by any users other than us on the Web Site,
for any sales or supplies of products or services made by a third party provider through our Web Site,
failure to supply the Products or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control.
"Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the service or fulfilling any of our other obligations under this Agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
7.1 We have the right to revise and amend these Terms from time to time.
You will be subject to the policies and Terms 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 Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms,
unless you notify us to the contrary within seven working days of receipt by you of the Products).
7.2 All notices given by you to us must be given to us at the details provided above.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served 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.
7.3 This agreement is personal to you. You may not transfer your rights or obligations under this Agreement to anyone else.
7.4 If you breach these Terms and we take no action against you, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
7.5 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
7.6 This agreement and any orders or contracts for Products shall be subject to the laws of England and Wales, any court proceedings must be brought within the courts of England and Wales.