TERMS OF SERVICE
Updated 6 Jan 2023
Terms and Conditions of use of KDMusic.co.uk
- Acceptance of Terms
Your access to and use of KDMusic.co.uk (“the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
- Changes to Website
KDMusic.co.uk reserves the right to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and it shall not be liable to you for any such change or removal; and
- change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
- Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
- All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to KDMusic.co.uk or otherwise used by Dave Whitcroft (Kevin David Whitcroft) as permitted by law.
- In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
- Disclaimers and Limitation of Liability
- The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, KDMusic.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
- www.loulitagill.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.loulitagill.com for death or personal injury as a result of the negligence of www.loulitagill.com or that of its employees or agents.
You agree to indemnify and hold KDMusic.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against KDMusic.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
- Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
Terms and Conditions of sale of KDMusic.co.uk
- "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
- "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
- "Goods" means the articles that the Buyer agrees to buy from the Seller;
- "Seller" means Dave Whitcroft of 35 Knockbracken Road Such, Belfast BT8 8AA who owns and operates KDMusic.co.uk & publishes music under Dave Whitcroft & KDMusic.
- "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
- "Website" means KDMusic.co.uk
- Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- Any complaints should be addressed to the Seller's address stated in clause 1.5.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
- Price and Payment
- The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges.
- The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping bag prior to confirming the order.
- After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel.
- Payment of the price plus VAT and delivery charges must be made in full to Loulita Gill Music before dispatch of the Goods.
- International customers are responsible for any international customs, duties or taxes on merchandise delivered to addresses outside the United Kingdom. These amounts are not included in the shipping charges shown here, and if applicable, will be billed to the customer separately by the chosen carrier.
- Rights of Seller
- The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
- The Seller reserves the right to withdraw any Goods from the Website at any time.
- The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
- Goods supplied within the UK will normally be delivered within 5-7 working days (subject to stock availability) following acceptance of order.
- Goods supplied outside the UK will normally be processed within 3-5 working days and delivery will be subject to normal oversees delivery times, an average of 21 to 28 days.
- The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
- Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
- Where possible, packages are sent first class within the United Kingdom. However, when there is a promotion on the cost of shipping, packages will be sent second class.
- Cancellation and Return
- The Buyer may cancel the order for any reason up to the point of dispatch. Any payments made by the Buyer shall be refunded in full within 28 days.
- The Buyer shall inspect the Goods immediately upon receipt and shall notify KDMusic.co.uk by written correspondence (email acceptable) within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
- Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
- Where there is no damage or default goods the buyer must notify KDMusic.co.uk by written correspondence (email acceptable) within 7 days and the Goods must be returned by the Buyer within 14 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods with 28 days (this will not include postage or return postage of the goods). If the Buyer fails to return the Goods following cancellation, the Buyer will receive no refund.
- Goods to be returned must clearly show the order number obtained from the Seller on the package.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of Northern Ireland and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts.
© 2023 KDMusic. All rights reserved
updated 5 January 2023
KDMusic is committed to protecting your personal information and privacy. Your privacy is very important to us and we want to assure you that our privacy practices are in line with international standards —we take every precaution to protect your information.
The following policy explains how and why we collect and use personal information, what controls you have over the use of it, how we keep it secure and as such may be updated from time to time.
By using these sites, you agree:
- KDMusic and its affiliates are permitted to use your personal information as stated below.
When do you collect details?
We collect personal data actively when visitors; choose to join our mailing list, choose to download one of our free resources, or decide to buy from our store.
We collect generalised data when people visit our website so that we can see what's working well and what needs improved.
In order to maintain the accuracy of our email database, please email us if you have changed your email address: email@example.com
Payment information is not seen or held by us, but by our globally recognised and widely trusted payment processing partner(s). They securely retain payment information for billing and refund purposes. Here are their respective privacy policies:
A “cookie” is a text file that websites send to a user’s internet-connected device to identify visitors and remember their preferences or actions. This is intended to improve the experience when a visitor returns to the website.
A “pixel” sends information back to a web server and also notes a user’s actions and preferences. This information is intended to help website owners to ‘fine tune’ or improve the site for their collective visitors. To help make sense of this information, we may also use web analytics tools – such as Google Analytics – to process information about visitor traffic. Similarly, we may also use analytics tools (such as our email service provider/s) to monitor how our messages perform, for example, How many are opened, how many links are clicked.
This information we collect by automated means includes the type of devices our visitors use to access our websites and applications. Again this helps us refine the appearance and experience of our website/s for visitors preferred devices.
Is Information Shared?
We will never sell or share your information with anyone without your consent, apart from in the following ways:
- Third Party agents - in order to supply services you have requested. This could include for the purposes of dispatch and order tracking, sending informative emails, secure handling of credit card information.
- Legal or similar – we will release account and personal information when we believe release is appropriate to comply with the law, to enforce or comply with our terms and conditions or to protect the rights and property of Kevin David Whitcroft trading as Dave Whitcroft and KDMusic.
So, we hold very limited information about our website visitors. People do however have control over what information we hold about them, how it is used, and whether they are happy for us to keep it. General Data Protection Regulation (GDPR) states that you have:
- The right of access - to see what information we hold about you and to verify the lawfulness of our processing of your data.
- The right to rectification - to rectify the information we hold if it is incomplete or inaccurate.
- The right to erasure - "to be forgotten"; to have your information removed.
- The right to restrict processing - to change the way in which we use your data.
- The right to data portability - to obtain your information in order to transfer it to another service or organisation.
- The right to object - to the way your data may be used.
- The right not to be subjected to automatic decision making such as profiling - and to have your information removed from any database subject to automatic decision making processes.
How secure is information?
- We do not directly hold your payment details for financial transactions. We work with globally recognised, industry standard, payment processing firms, who protect the security of key information during transmission by using Secure Sockets Layer (SSL) software during payment, to encrypt customer information.
- They reveal only the last four digits of your credit card numbers when confirming an order.
- For non-financial personal details such as name and email address, we maintain physical and electronic safeguards in connection with collecting, storing and disclosing personally identifiable customer information. This includes the use of our web hosts mailing list management system, as outlined above.
- It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
Evidence of a secure connection
All payment transactions via our third party payment partners are carried out over an encrypted connection. Your connection with our website is equally secure and uses similar industry standard technology. The padlock symbol, alongside our website name in your browser window, confirms this level of encryption. If you click on the padlock, you will see our HTTPS certificate, this means your data is only visible to us due to the encryption.
If you have any other questions about this policy or wish to exercise any of the rights above, please contact us.