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Marycliff Productions terms + cons

© Andrew Taylor and Net Lawman Ltd

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Trading terms and conditions for products available from Clifford Evans t/a Marycliff Productions

These terms and conditions are the contract between you and Marycliff Productions.

By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by NetLawman and released under licence.

They protect your rights as well as ours.

We are: Clifford Evans t/a Marycliff Productions
Our address is: 141 Westerfield Road Ipswich Suffolk IP4 3AA UK

You are: Anyone who uses Our Website. Please read and download this agreement. The terms and conditions:

Definitions
In this agreement: “Consumer”means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content” means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.

“Extra Work”means all of the work we do and materials we buy to prepare or produce Specified Goods.

“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.

"Intellectual Property" means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Specified Goods” means Goods which have been subject to work or process to your specific order.

“Our Website” means any website of ours, and includes all web pages controlled by us.

Interpretation Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.A reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit. the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation. in the context of permission, “may not” in connection with an action of yours, means “must not”. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated £100 per hour]. these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.

Our contract with you This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

Acceptance of your order This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may: accept the alternatives we offer; cancel all or part of your order.

Extra Work and approval of Proof or Sample This paragraph applies to Specified Goods like music arrangements custom-made to order. Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do. Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms. Within 14 days of entering into this contract we will submit Design Proposals to you for approval. If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates. If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work.

Prices Prices of Goods are shown on Our Website in the PayPal drop-down menu. Prices include UK value added tax but the product Learn the Piano with Clifford Evans is zero rated. For any other product, if you show by your delivery address that you reside outside the United Kingdom, we will refund to you the amount charged as VAT.

Payment We will not split an order. We require the full price of your order before we will send any part of it. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Pounds Sterling will be borne by you. Any information given by us in relation to exchange rates are approximate only and may vary from time to time. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you. The price of the Goods includes the delivery charge which will be displayed at the bottom of the Course page of this Website. If we owe you money (for this or any other reason), we will credit your PayPal Account as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

Cancellation and refunds Please note that this paragraph does not apply to any Specified Goods you order through Our Website. This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy. The following rules apply to cancellation of your order: If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money. If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period. We will return your money subject to the following conditions: we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact. you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods. In any of the above scenarios, we will return your money within 14 days.

Liability for subsequent defects Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them. The procedure to return the faulty Goods is as follows: The Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you. Before you return the Goods to us, please carefully re-read the instructions and check that you have followed the intructions carefully at the top of page 3 of the music book Learn the Piano with Clifford Evans. Please follow the Returns procedure as stated on the Returns page of this website We will return your money subject to the following conditions: we receive the Goods with labels and packaging intact. you comply with our returns procedure. We cannot return your money unless we know who sent them. you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it. If any defect is found, then we shall: repair or replace the Goods, or refund the full cost you have paid including the cost of returning the Goods. Delivery Goods are delivered within 30 days from the day you place an order to purchase the Goods. Delivery of Goods will be made by Royal Mail to the address stipulated in your order. The package will be by normal delivery and NOT trackable. We will send you a message by email to tell you when we have despatched your order. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. We may deliver the Goods in instalments if they are not all available at the same time for delivery. Goods are sent at our risk until delivered at the address you have given to us. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must contact us immediately, so that we may dispatch a replacement quickly and minimise your inconvenience. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

Foreign taxes and duties If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Goods returned We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them. Before you return Goods to us, please check carefully that your DVD player or computer is working correctly - particularly that you have the latest drivers - and read the instruction at the top of page 3 in the piano book "Learn the Piano with Clifford Evans" (Finding your way around) So far as possible, Goods should be returned: with both Goods and all packaging as far as possible in their original condition; securely wrapped; with a note inside the package stating your name, physical address, email address and date of purchase. at your risk and cost. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods. You must tell us by email message to music@marycliff.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then email you with our decision. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint. If we agree that the Goods are faulty, we will refund the cost of return carriage or repair or replace the Goods as we choose. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

Content and Privacy Our privacy policy complies fully with the Data Protection Act 2018 and we do not pass on your data to third parties. You can Post Content on Our Website - for example reviews of the products and we can do this manually for you upon receipt of your email. If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control who sees it nor what anyone does with it. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you. You understand that you are personally responsible or your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you, even though we have posted the Content manually on your behalf. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

Restrictions on posting to Our Website We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can. You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may: be unlawful, or tend to incite another person to commit a crime; consist in commercial audio, video or music files; be sexually explicit or pornographic; be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business; be made on behalf of some other person, or impersonate another person; request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself; be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use; include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate; link to any of the material specified in this paragraph; use distribution lists that include people who have not given specific permission to be included in such distribution process; send age-inappropriate communications or Content to anyone under the age of 18.

Your Posting: restricted content In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain hyperlinks, other than those specifically authorised by us, keywords or words repeated, which are irrelevant to the Content Posted, the name, logo or trademark of any organisation other than yours, inaccurate, false, or misleading information.

Removal of offensive Content For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason. If you are offended by any Content, the following procedure applies: your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email. We shall remove the offending Content as soon as we are reasonably able after we receive notice of a claim or complaint, we shall investigate so far as we alone decide. We may re-instate the Content about which you have complained or we may not. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our time for the investigation at £100 per hour and in addition, any legal fees, if any.
Security of Our Website If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it or to link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser; download any part of Our Website, without our express written consent; collect or use any product listings, descriptions, or prices; collect or use any information obtained from or about Our Website or the Content except as intended by this agreement; aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website; Despite the above terms, we now grant a licence to you to: create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent. You may copy the text of any page for your personal use only, and in connection with the purpose of Our Website.

Disclaimers The law differs from one country to another. This paragraph applies so far as the applicable law allows. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term. We make no representation or warranty for: the quality of the Goods; any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose; the correspondence of the Goods with any description; the adequacy or appropriateness of the Goods for your purpose. Although weclaim expert knowledge in the playing and teaching of the piano, we disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it. We make no representation or warranty and accept no responsibility in law for: accuracy of any Content or the impression or effect it gives; delivery of Content, material or any message; privacy of any transmission; any act or omission of any person or the identity of any person who introduces himself to you through Our Website; any aspect or characteristic of any goods or services advertised on Our Website; Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the Contact link on Our Website. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Products concerned.

Indemnity You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: your failure to comply with the law of any country; your breach of this agreement; any act, neglect or default by any agent, employee, licensee or customer of yours; a contractual claim arising from your use of the Goods; a breach of the intellectual property rights of any person.

Intellectual Property Copyright works owned by you or a third party are unaffected by this agreement. The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us. If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us. We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.

Complaints and Disputes In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015. The following terms apply in the event of a dispute between the parties: If you are not happy with our services or products, or have any complaint, then you must tell us by email message to music@marycliff.com. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration. We can propose an ADR Provider or will listen to your proposal.  

Miscellaneous matters When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. Where we provide goods or services without specific charge to you, then it they are deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered if sent by post to the correct address within 72 hours of posting;
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute between a party and its employees. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body or individual, then the terms of this agreement shall prevail. The validity, construction and performance of this agreement shall be governed by the laws of England UK and you agree that any dispute arising from it shall be litigated only in that country.

Notice of right of cancellation:

Right to Cancel: Model Cancellation Form

Information about your statutory right to cancel.

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. To exercise the right to cancel, you must inform us of your decision to cancel this contract. You may use the attached model cancellation form, but you can use your own words as long as your intention is clear. Model cancellation form To Clifford Evans, Marycliff Productions 141 Westerfield Road Ipswich IP4 3AA UK Email music@marycliff.com:

I/We hereby give notice that I/we cancel my/our contract of sale of the following products: Learn the Piano with Clifford Evans piano tuition book with 2 DVDs, Piano book alone, downloads, music arrangements.

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