Terms and Conditions
Patrick Hawes Music
www.patrickhawes.com
ONLINE TERMS AND CONDITIONS OF BUSINESS
Terms of Agreement.
When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website. Your use of the Patrick Hawes website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions of Business. (Patrick Hawes Policies). Use of the Patrick Hawes website will be considered acceptance of the Patrick Hawes Policies. If you do not agree to the Terms and Conditions of Business contained in the following pages, then you may not use the Patrick Hawes website. Please note that patrickhawes.com has the right to modify these Terms and Conditions of Business and, thus, you should review them periodically. Please read the following sections carefully, as they contain the Terms and Conditions of Business that will govern your use of the Patrick Hawes website. Additionally, you should review our Website Privacy Policy.
If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to here.
1. Definitions
“Seller” means Patrick Hawes, registered in England and Wales (in these Terms and Conditions also means (”Patrick Hawes”) “Buyer” means the person whose name is printed on the Order. “Contract” means the order and Order Confirmation (incorporating any Special Conditions) “Faulty” means csontaining a fault or defect; imperfect or defective. “Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business. “Order” means the Buyer’s order for Goods or services. “Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b). “Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable. “Person” means any person, firm or company. “Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation. “Terms and Conditions of Business” means the standard terms and conditions of business set out in this document. “Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. Basis of Sale.
a. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
b. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
c. The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. Orders and Specifications
a. All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice.
4. Price, Payment and Currencies
a. All Prices stated include UK VAT at 15% if applicable. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
b. Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
d. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
5. Delivery
a. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
b. The Seller will endeavour to process the Order and manufacture the Goods within 5 working days. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
e. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
f. Goods may not be returned to the Seller except as provided in Condition 7 below.
6. Risk and Property
a. Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
b. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
7. Returns, refunds and rights of cancellation
a. The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
(i) if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
(ii) in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).
b. Notice of the wish to cancel must be made by email to the email address of Patrick Hawes shown below.
c. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods.
d. In the case of cancellation under Condition 7(a) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
e. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
8. Limitation of liability
a. The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7a. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8a.
b. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
c. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller' s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
d. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other any party associated with the Buyer for any direct, indirect, special or other consequential damages for any use of the Patrick Hawes website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer' s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
9. Intellectual Property
a. This website is owned by the Seller and operated by Patrick Hawes. Unless otherwise noted in this website, Patrick Hawes owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trade marks, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Patrick Hawes' s copyright. Additionally, the Patrick Hawes website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of Patrick Hawes or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The patrickhawes.com logos, names, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions, including the USA. patrickhawes.com graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Patrick Hawes. Patrick Hawes’s trademarks and trade dress may not be used in connection with any product or service that is not Patrick Hawes’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits moo.com. All other trademarks not owned by Patrick Hawes that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Patrick Hawes.
d. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
e. Copyright complaints by third parties
10. Data Protection
a. The Seller is a registered data controller within the meaning of the Data Protection Act 1998 (”the Act”).
b. The Seller undertakes to process all personal data obtained by it through use of the website in accordance with the principles laid down in the Act. Please see the Patrick Hawes Privacy Policy for more information.
11. General and miscellaneous
a. Notice
(i) Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) A notice served on the Seller will be addressed as provided in Condition 9(e) and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
* if sent by personal delivery, upon delivery at the address of the relevant party; or
* if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
* the date specified as the date on which the change is to take place; or
* if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
b. Governing law and jurisdiction
(i) The Contract shall be governed by and construed in accordance with English law.
(ii) The parties irrevocably agree that the courts of England are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
c. Waiver
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
d. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
e. Severability
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
f. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the patrickhawes website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
g. Typographical Errors
Information on www.patrickhawes.com website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the patrcikhawes.comwebsite is accurate, complete, reliable, current, or error-free.
h. Licence
The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the patrcikhawes.comwebsite. All use must be in accordance with all patrcikhawes.comstated policies, including those in the moo.com Privacy Policy.
i. Off-Site Links
A link to a non patrcikhawes.comwebsite does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
j. Headings
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
m. Seller' s right of removal of materials
The Seller reserves the right at any time with or without the Buyer' s prior consent and without liability to the Buyer in that regard to delete from the moo.com website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller' s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
n. Buyer indemnification of patrcikhawes.comwebsite
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the Buyer' s submissions to the patrcikhawes.comwebsite, and/or from the Buyer' s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer' s use of the patrcikhawes.comwebsite.
o. Seller' s right of change and amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller' s services on a regular basis should check the relevant links regularly before placing Orders.
Patrick Hawes - Privacy Policy OPENING STATEMENT:
Welcome to patrcikhawes.com website, trading as Patrick Hawes Music.
Patrick Hawes recognises that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously. Patrick Hawes will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your prior and explicit consent. Unless you give us specific consent to act otherwise, the following privacy policy will govern how Patrick Hawes handles the personal information that you provide to us.
This is a legal document that sets out how Patrick Hawes handles data that identifies you. You should read it in conjunction with the Patrick Hawes Terms and Conditions of which this Privacy Policy forms part.
Access to this notice is provided at the bottom of every page on our website and at every point where personally identifiable information may be required
FULL POLICY STATEMENT:
Collection And Use Of Information
Patrick Hawes collects personally identifiable information when you use the service:
What we collect
Full name Email address Address Telephone number Credit card type Credit card number Credit card expiry date
How we use it
To check that a credit card is valid To pay your account To communicate with you on Patrick Hawes-related matters To provide you with order and billing history information
Use of your information
We use the non-personally identifiable information and certain technical information about your computer in order to operate, maintain and manage the patrcikhawes.comwebsite.
Cookies
Patrick Hawes uses cookies to help speed up the login process and for security purposes. A cookie is a small amount of data that identifies you as a unique user that is sent to your web browser from a web server and stored on your computer.
We use cookies to improve the quality of our service and make the service easier to use for our members.
Patrick Hawes may store up to two types of cookie on your computer:
A unique ID is stored in a permanent cookie so that you do not need to retype information every time you visit our site. Your web browser’s session identification is stored in a temporary cookie to help prevent unauthorised use of your account.
More detailed information on cookies may be found in the Help section of your web browser.
Information Sharing And Disclosure
Patrick Hawes is committed to protecting your personal information. We will not disclose your personally identifiable information to third parties without your consent except:
Disclosure for legal reasons
We reserve the right to communicate such of a User’s personal information as we hold to third parties which seek the disclosure of it, and which make a legally compliant request for its disclosure.
Performance of our operations
The service is necessary for the performance of our operations: mail delivery, hosting services, protecting us from fraud, and payment of your account.
Changes in Patrick Hawes’s business
If the assets Patrick Hawes use to operate its business are acquired by a third party, we may transfer personal data we then hold to that party. If Patrick Hawes buys or sells subsidiaries or business units then in such transactions customer information is one of the transferred assets, but would remain subject to the commitments made in any pre-existing Privacy Policy or equivalent.
Aggregate business analyses
Patrick Hawes also provides analyses of our customers in the aggregate to prospective partners, advertisers and other third parties. We do this so that we, along with our business partners, can understand you better, and so we can keep bringing you first-rate services. We may also disclose, on an anonymous basis, literal statements made by our customers. At no time, however, will we disclose personal information about specific customers.
Linked website are not under the control of Patrick Hawes and we are not responsible for the conduct of companies linked to our website. Before disclosing your personal information on any other website we advise you to examine their terms and conditions of use.
Controlling Your Personal Information
Transfer of information
Personal information collected on this site may be stored and processed in the United Kingdom or any other country in which Patrick Hawes maintain facilities, and by using this site, you consent to any such transfer of information outside your country.
We will not supply your personal data to a third party for commercial exploitation unless explicitly authorised by you; so you can rest assured that we will not sell the your name, personal details or email addresses to any third party without express consent from you
The only circumstances in which we will provide any of your personal data to a third party for non-commercial purposes are those contained in this Privacy Policy.
Security And Prevention Against Loss, Misuse Or Alteration Of Information
Information storage
All information you provide to us is stored in the UK only on secure servers that are protected in secure facilities including firewall protection.
Patrick Hawes has implemented such technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance security as new technology becomes available.
While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
We have security measures in place to protect our customer database and access to this database is restricted internally. However, it remains each Member’s responsibility:
Data Retention Period
We will retain your personal data only as long as is necessary for the purposes to which you consent under the Patrick Hawes Terms and Conditions and this Privacy Policy, or as is required by applicable law, and then we will delete it
Place Of Processing
The personal information held by us is held on and processed by computers situated in the United Kingdom
Changes To This Privacy Policy
From time to time, Patrick Hawes will review and may edit this policy in accordance with potential changes to our business and as required by law. Patrick Hawes reserves the right to change its Privacy Policy at any time
Links To Third Party Sites
Our site may contain links to other sites. Patrick Hawes is not responsible for the privacy practices, or the content, of those web sites
Contacting Patrick Hawes
If you have any questions about this privacy statement, the practices of this site, or your dealings with Patrick Hawes, you can contact us here. You can also use this address if you wish to request from Patrick Hawes a copy of the personal data we hold about you.
As a subscriber you have certain rights under the Data Protection Act 1998. You have the right to be told what personal information we hold about you on our database. Should you wish to exercise that right, or if you have any questions concerning the Patrick Hawes privacy policy please contact us via the following channels:
info@patrickhawes.com
(Please note that by English law we are entitled to charge you a small sum for providing this information)
Data Protection Information
You can obtain further information about data protection laws by visiting the Information Commissioner’s web site at www.dataprotection.gov.uk