By placing an order with us, through our website or otherwise, you are agreeing to the terms and conditions set out below. In addition, if you are placing an order with us through our website then you are also agreeing to:
- the terms and conditions for using our website;
- our privacy and cookies policy where appropriate.
Please do take the time to read these terms and conditions of sale, those for using our website and our privacy and cookies policy. They include important information and are binding (i.e. can if necessary be enforced in Court).
We do not currently have a copy of these terms and conditions available in a language other than English. Please contact us if you would like this information in a different format and we’ll see what we can do to help.
Please note that these terms and conditions only apply to orders placed via our website and not via third parties.
Who we are
‘Our’ should be construed accordingly. The term ‘you’ refers to the user or viewer of the website. The terms ‘this website’ and ‘our website’ and similar terms means www.elysemusic.com.
You can find our contact details on our website: www.elysemusic.com.
Any request, notification, communication or notice under these terms and conditions may be made by us via any email address of the domain elysemusic.com (namely, “@elysemusic.com”) as well as by other means such as post. However the use of such an email address should not be relied upon as evidence that the communication has been sent by us.
All goods are provided to by the Elyse Music.
Placing an order with us
You can place orders with us for our goods online via our website or by other means.
For online purchases we must receive payment of the whole of the price for the goods or services that you order before your order can be accepted.
Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order. This written confirmation of your order will constitute our acceptance of your order. We reserve the right to decline confirmation of your order, in particular if an error has been made as to price or the availability of the goods or services ordered.
If you have incorrectly selected any item which you do not wish to buy you can remove this item by following the online instructions. Please check the items you have selected to purchase carefully before proceeding and contact us via the website if you have any queries.
These terms will remain available to you on our website. In the event that our terms subsequently change and you wish to have sight of a copy of the terms which were in place at the time of your purchase please contact us and we would be happy to supply you with a copy of the relevant terms.
While we try our very best to ensure that all prices on our website are accurate, it is possible that an occasional error might occur. If we discover an error in the price of your order 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 we do not receive a response from you within 14 days we may at our discretion treat the order as cancelled. If you choose to cancel your order (or if it is treated by us as cancelled) in these circumstances and you have already paid the incorrect price for your order you will receive a full refund.
If you place an order with us by other means we will still confirm your order in writing, which may be by email. This written confirmation of your order will constitute our acceptance of your order and include the price, or the basis of charging, agreed between us.
We reserve the right to decline confirmation of your order.
Our acceptance of your order for goods, brings into existence a legally binding contract between us.
About our goods
We sell music and other products relating to our music.
Some purchases made from us may require access to our website (i.e. online music downloads). We shall endeavour to ensure that you can access our website at all times and to keep any disruptions to a minimum. However, access cannot always be guaranteed and will not be of the essence to this agreement.
We may on occasion take orders in advance of a product being available. Where a product such as a particular song or songs is not yet available we will make this clear on our website and prior to your order being accepted.
A description of most of our products is contained on our website.
For orders made other than via our website we accept cheques but cash must not be sent to us. We prefer online payment methods and so unfortunately payments sent by post are sent at your own risk. Payments made by cash or cheque will only be deemed to have been made once we have received (and in the case of a cheque or similar cleared at our bank) such payment. We reserve the right to make additional charges for credit card payments, though any such charges will be made clear to you in advance of payment being taken.
When you place an order with us for goods, such as music, we will send you an invoice.
Invoices for goods shall be for:
- the price specified on our website where an order is placed with us online; or
- the price agreed between us and confirmed by us in writing.
Unless otherwise expressly stated by us in writing, all prices quoted are exclusive of the cost of packing, transporting, insuring and delivering any goods to you.
Though very rare, we are very keen to put right any shortcomings which might be discovered with our products (i.e. oud CDs). However, it is important that you let us know as soon as possible if you have any concerns with our products. Failure to send notification to us of any concerns to the contrary within 48 hours of the delivery of any goods to you shall be conclusive evidence that you have examined the goods and that the goods are of satisfactory quality and fit for purpose. The risk in the goods shall also pass to you on the date that they are delivered to you.
Delivery shall include goods being sent or otherwise being made available to you via electronic means.
Cancellation and termination
To cancel your order you must email a cancellation request to us with your name, address, the details of your order and (if you wish to be reimbursed the cost of returning the goods) an outline of the reason for the cancellation. This should be as soon as possible and at the latest within seven working days of receipt. Once your goods cancellation request has been received we will email you to confirm whether your cancellation can be agreed and the address for you to return the goods to. If you cancel your contract but we have already processed the goods for delivery you must no unpack the goods when they are received by you. You agree to return the goods to us by recorded delivery as soon as possible and no later than 12 working days after our confirmation to you that your order can be cancelled. Goods are returned to us at your own risk. We may reimburse you for the reasonable costs incurred in returning the goods to us but only if the goods we deliver are not what you ordered. Any reimbursements are subject to any goods delivered to you being returned in in the condition they were in when delivered to you.
A failure to fulfil your obligations under this agreement may result in delayed reimbursement or non reimbursement (among other things).
We reserve the right to cancel the contract between us for goods if
- the goods in question are not available;
- we do not deliver to your area;
- one or more of the goods you ordered was listed at an incorrect price due to a typographical,
- administrative or technical error or an error in the pricing information.
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
While we do our best to ensure the that our website is free from anything which may cause our users a problem we are afraid that due to the nature of the internet we are unable to make any warranty that the contents of the website are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in this respect.
Please note that we do not accept service of proceedings by email.
Invalidity of a part of this agreement
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
You agree to the terms of our privacy and cookies policy which can be found on our website.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
These terms and conditions shall apply to all contracts for the sale of goods to you to the exclusion of all other terms and conditions, including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or similar document or communication.