Terms and Conditions of Purchase and use of this web site

Introduction

This page is intended to set out the terms and conditions under which you use this web site and place orders with Say-It-With-Music.com. 
By accessing this website and/or placing an order, you agree to be bound by these Terms and Conditions (v1.7).

All the products that we sell are personalised to a very high degree and therefore unlike other giftware products that can be returned to stock. Please read the following Terms and Conditions very carefully – with particular reference to Sections 1 and 3 and be sure you fully understand the purchase contract you are entering into when you place an order with us.

Definitions:

"the web site" and "this web site" refer to the internet web site at www.say-it-with-music.com (and the domain alias www.say-it-with-music.co.uk).

"goods" can mean any component part of the presentation display

“we” or “us” refers to Award Framers International Limited

Our Company details are as follows:

www.say-it-with-music.com website is owned and operated by Award Framers International Ltd.

Registered in England No. 2701861

Registered office: 24 Bath Street, Abingdon, Oxon OX14 3QH

VAT registration number: 630 9246 48

Our contact details are as follows:

Trading address: Award Framers International Limited, The Studio, 8 Bridge End, Dorchester-on-Thames, Oxon OX10 7JP UK

General email: sales@awardframers.com Telephone number: +44(0)1865 341307 Monday – Friday Fax number: +44(0)1865 389480

  1. Ordering from us

    You are deemed to have placed an order with us by ordering via our online checkout process (operated by PayPal).

    You will be sent an order acknowledgement by email, detailing the Presentations you have ordered.

    We shall then source the required recording and, when having successfully done so, shall email you to confirm our acceptance of your order.

    We may refuse to accept an order:

    1. Where goods are not available;
    2. Where we cannot obtain authorisation for your payment;
    3. If there has been a pricing or product description error;
    4. If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
    5. If we believe your order is for commercial or other non-domestic concerns.

  2. Pricing

    All prices include VAT at the current rates.

    We charge separately for packing and carriage and the appropriate rates are set out during the online ordering process.

    We reserve the right to review and modify our prices at any time and without prior notice.

  3. Cancellations, Returns and Refunds Policy

    As each display is highly personalised to reflect the wishes of the purchaser, we cannot normally operate a return / refund policy once the order has been confirmed as defined in Section 1 above. There are only two situations in which this will not apply:

    1. We make a mistake in the production or despatch of the display or a component is found to be faulty. In this case, you should notify us of the error within 14 days of receipt and we will pay for the return of the Presentation and the correction of the mistake.The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind. 

If the item you received is faulty, please contact our customer care team quoting your order number, your name and address, details of the product and the reason for return. Replacements cannot be given if the fault is as a result of misuse.
    2. We are unable to source the requested recording. In this case we will contact the customer who will then be offered the opportunity to nominate an alternative recording. Should this not be acceptable, we would arrange for a full refund of purchase price within 14 days.

      3. If we have been umable to source your requested recording and you wish to cancel your order you must notify us by email to sales@say-it-with-music.com or by telephoning +44(0)1865 341307.

      Please Note:

    3. Spelling. In order to provide an efficient and error-free service the personalised messages are set and printed on to the plaques direct from your order without further rekeying. Please check your order on screen and the confirmation email very carefully as we cannot refund products which have been mis-spelt. Your rights to return the goods to us will not apply if you have made a spelling mistake on your order and it has been sent for production.
    4. Colour. The colour of the product you receive may not match the colour as displayed by our web site on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.

    The provisions of this clause do not affect your statutory rights.

    Please note:

    The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods.

    You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the contract.

    The parcel can take up to 7 working days to be returned to our Warehouse, unless sent via special delivery.

  4. Delivery

    We will deliver the Presentations ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Presentation directly to a friend, a relative, or to your place of work. Delivery will be made as soon as possible and usually within 14 - 21 days of our receipt of your order. If you do not receive Presentations ordered by you within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at sales@say-it-with-music.com of the problem within 40 days of the date on which you ordered the Presentation.

    Our products are despatched by 1st Class Royal Mail recorded (signed for) service. If you have not received your items within the stipulated period after order, you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you.

    We cannot be held responsible for items damaged or lost in the post.

  5. Licence

    You may retrieve and display the content of the web site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the web site without written permission from Award Framers International Limited.

    Unless otherwise stated, the copyright and other intellectual property rights in all material on this web site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this web site other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this web site automatically terminates and you must immediately destroy any materials downloaded or printed from this web site.

    No part of this web site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

    Any rights not expressly granted in these terms are reserved.

  6. Service Access

    While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this web site or any of its associated services is unavailable at any time or for any period. Users of older, non-standards-compliant web browsers may not be able to correctly display all the pages of this site. If you experience difficulty in displaying or using this site please telephone us on +44(0)1865 341307 and will do our best to record and resolve your problem, or take your order by telephone.

    Access to this web site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

  7. Visitor Material and Conduct

    Other than personally identifiable information, which is covered under the Privacy Policy accessible at www.say-it-with-music.com/privacypolicy.asp, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

    You are prohibited from posting or transmitting to or from this web site any material:

    1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
    2. for which you have not obtained all necessary licences and/or approvals;
    3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
    4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

    You may not misuse the web site (including, without limitation, by hacking).

    We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.

  8. Links to and from other websites

    Links to any third party websites on this web site are provided solely for your information. If you use these links, you will leave this web site and view the linked source in a new browser window. We do not continually monitor such linked sources for availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this web site, you do so entirely at your own risk.

    If you would like to link to this web site, you may only do so on the basis that you link to, but do not replicate, the Homepage (index.asp) of this web site, and subject to the following conditions:

    1. you do not remove, distort or otherwise alter the size or appearance of www.say-it-with-music.com
    2. you do not create a frame or any other browser or border environment around this web site
    3. you do not in any way imply that we are endorsing any products or services other than our own
    4. you do not misrepresent your relationship with us nor present any other false information about us
    5. you do not otherwise use any trade marks displayed on this web site without our express written permission
    6. you do not link from a web site that is not owned by you
    7. and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

    We expressly reserve the right to revoke the right granted in this clause at any time and to take any action we deem appropriate.

    You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of any clause.

  9. Disclaimer

    While we endeavour to ensure that the information on this web site is correct and that its functionality is consistent, we do not warrant the accuracy and completeness of any material or information provided on this web site. We may make changes to the material on this web site, or to the Displays and prices described in it, at any time without notice. The material on this web site may be out of date; and we make no commitment to update such material.

    The material on this web site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this web site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this web site.

  10. Liability

    We, any other party (whether or not involved in creating, producing, maintaining or delivering this web site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this web site in any way or in connection with the use, inability to use or the results of use of this web site, any websites linked to this web site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this web site or your downloading of any material from this Website or any websites linked to this web site.

    Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

    If your use of material on this web site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

    You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this web site.

  11. Governing Law and Jurisdiction

    These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.

    We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.

  12. Miscellaneous

    You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

    If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

    Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.

    We reserve the right to revise these terms and conditions at any time by updating this page. You should check this page from time to time to review the prevailing terms and conditions, because they are binding on you.

    Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. 
If you do not accept these terms, do not use this website.

    Say-It-With-Music Award Framers International Limited, The Studio, 8 Bridge End, Dorchester-on-Thames, Oxon OX10 7JP UK

    Copyright Award Framers International Limited 2008–9