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Terms & Conditions
WHITENOISE
PROMOTIONS Terms & Conditions of Subscription
By registering on the whitenoisepromotions.com website,
you agree to be bound by the following terms and conditions.
1.1 INTERPRETATION
"Customer" Means any person whomsoever who
orders products online and engages Whitenoise Promotions
to supply the products online and shall include any
officer, employee or agent of the customer as the
case may be.
"Force Majure" Means, any act of God, strike,
lock out, war, act of terrorism, flood, lightening,
fire, explosion, earthquake, civil commotion or riot.
"Products" Means the supply to customers
by Whitenoise Promotions of promotional CD compilations
and any related material.
"These terms" Mean these terms and conditions
1.2 The singular includes the plural and vice versa
and any gender includes all genders.
1.3 The clause headings are inserted for ease of reference
only and shall not affect the interpretation or construction
of these terms.
2. SCOPE OF THESE TERMS AND FORM OF AGREEMENT
2.1 These terms shall prevail over any terms put forward
by the customer unless Whitenoise Promotions expressly
agrees with them in writing.
2.2 Whitenoise Promotions will not accept any amendments
by the customer to these terms. Whitenoise Promotions
may change these terms from time to time without notice
to the customer. Changes will apply to any subsequent
orders received.
2.3 The customer shall not at any time whatsoever
make use of or disclose for his own benefit or for
or on the behalf of any person, film or company, any
confidential information which he now possesses or
may posses relating to the business of Whitenoise
Promotions or it's affairs or of any suppliers, customers
or other persons having dealings with Whitenoise Promotions
and shall use his bets endeavours to prevent the publication
or disclosure of any such confidential information.
3.A ORDERING OF PRODUCTS
3.A.1 When placing an order for any such product,
the customer shall state, specifically, which products
the customer desires to purchase and shall also at
the same time confirm to Whitenoise Promotions, at
their own risk, their home address, telephone number
(including STD code), delivery requirements and selected
payment method including credit card details together
with such other details that may be requested at that
that time from the customer by Whitenoise Promotions.
3.A.2 Any orders received by Whitenoise Promotions
after 4.00PM GMT/BST shall be deemed by Whitenoise
Promotions to be received the following working day.
3.A.3 The customer can check the progress of his order
by contacting a member of staff at Whitenoise Promotions
during working hours 9.30AM GMT/BST to 6,00PM GMT/BST.
3.A.4 All orders are made subject to acceptance by
the customer of these terms.
3.A.5 Fulfilment of any order for products is subject
to stock availability and acceptance by Whitenoise
Promotions of the customers order. Whitenoise Promotions
is under no obligation to fulfil any customer order.
3.A.6 Whitenoise Promotions shall use all reasonable
endeavours to ensure compliance with the data protection
legislation in force form time to time. Every reasonable
effort will therefore be made by Whitenoise Promotions
to keep details of a customer's order and payment
details secure. For the avoidance of doubt, in the
event the customer suffers any financial loss as a
consequence of providing credit card details and personal
data online Whitenoise Promotions, where such a loss
arises due to the fault of Whitenoise Promotions,
Whitenoise Promotions shall indemnify the customer
for any such financial loss, subject to an upper limit
of £1000 or such other figures may be agreed
between Whitenoise Promotions and the customer.
3.B DELIVERY OF THE PRODUCTS AND RISK
3B1.1 When the products are available for delivery,
the products will be delivered pursuant to the customer’s
requirements as specified to Whitenoise Promotions
in terms of clause 3A.1.
3.B.1.2 Risk as regards to loss or damage to the products
shall only pass to the customer when Whitenoise Promotions
has delivered the products to the customer.
3.B.1.3 If the products are lost or damaged due to
any act, error, omission or neglect on the part of
any carrier/courier, Whitenoise Promotions, shall
use it's best endeavours to replace the products with
an identical or similar model as soon as reasonably
practicable on being notified of such loss or damage.
3.B.1.4 DELIVERY CAN ONLY BE MADE TO UK AND EUROPEAN
ADDRESS'S.
3.B.2 The date and time for any delivery of any products
in accordance with these terms is not a contractual
commitment, but an estimate only.
3.B.3.1 If the products do not conform to the customers
contract specifications, the customer must notify
Whitenoise Promotions of any shortages, defects in
the products or any other complaint in respect of
them within 28 working days from the date of receipt.
If Whitenoise Promotions delivers less than the contract
quantity, Whitenoise Promotions shall use their best
endeavours to make good the shortfall to the customer,
subject to stock availability, within 72 hours or
in the absence of such stock within seven to ten working
days. Of being notified of the shortfall by the customer,
all at the cost of Whitenoise Promotions. If Whitenoise
Promotions delivers more than the contract quantity,
the customer shall either accept and pay for the quantity
actually delivered or accept the contract quantity
and return the excess products to Whitenoise Promotions
forthwith upon demand by Whitenoise Promotions, all
at the cost of Whitenoise Promotions. If any products
are proven to be defective and such defects are notified
to Whitenoise Promotions within twenty eight working
days the product or the part thereof shall be replaced
by Whitenoise Promotions within three working days
if stock is available or where a replacement is unavailable,
the customer a full refund, within thirty days of
the price paid for the product.
3.B.4 Customers may at the discretion of Whitenoise
Promotions be able to place an order for products,
which are not yet available for delivery. The customer
shall not be required to pay for the products until
the products are available to be delivered to the
customer.
4. INJUNCTIVE RELIEF You acknowledge
that Whitenoise Promotions has a proprietary interest
in the music and that any use by you that intends
to frustrate the purpose of this agreement, including
but not limited to selling, renting, or otherwise
distributing the sounds would cause irreparable injury
to Whitenoise Promotions in way that could not be
adequately compensated by damages. You agree that,
in the event of such improper use, Whitenoise Promotions
shall be entitled to an immediate injunction without
the requirement of posting a bond.
5. PAYMENT OF PRICE
5.1.1 All prices are quoted in either pounds sterling
or Euros dependent on the customer’s territory
and are inclusive of value added tax at the applicable
rate, and also of delivery charges unless an alternative
delivery method has been agreed upon between Whitenoise
Promotions and the customer, which therefore may result
in an additional cost. Details of which are available
on demand by contacting Whitenoise Promotions.
5.1.2 Whitenoise Promotions ACCEPTS AS A METHOD OF
PAYMENT THE FOLLOWING:-
MasterCard, Visa, Switch, Standing Order
5.2 As agreed between Whitenoise Promotions and the
customer, the customer will pay all sums due under
these terms in full before the products are delivered
to the customer.
5.3 Prices are subject to change without notice.
5.4 The customer's obligations under the terms of
clause 4 shall not be satisfied until Whitenoise Promotions
is in receipt of cleared funds.
5.5 Unless as part of any scheme or arrangement operated
by Whitenoise Promotions shall not offer the customer
any discounts.
6. LIABILITIES
Any of the statements, recommendations, advice and
opinions made or expressed, including any statements,
referred to or contained, in any Whitenoise Promotions
website, email, correspondence, online message boards,
leaflets and the like are made or expressed in good
faith and on the bases of information available to
Whitenoise Promotions at that time. No statement,
recommendation, advice, opinion or any other communication
whatsoever is deemed to be a representation, undertaking,
warranty, guarantee or contractual obligation on the
part of Whitenoise Promotions. Whitenoise Promotions
will not be liable to compensate the customer for
any loss of anticipated profits, damage to the customer's
reputation or goodwill, loss of expected future business
or any damages, costs or expenses incurred by third
parties who are not customers. In addition, Whitenoise
Promotions shall not be liable to the customer in
respect of any losses suffered by the customer where
such losses were not reasonably foreseeable to both
Whitenoise Promotions and the customer when the contract
was made and Whitenoise Promotions shall not be liable
for any losses incurred by the customer unless such
loss was caused by any breach of these terms or otherwise
on the part of Whitenoise Promotions.
7. FORCE MAJEURE
7.1 If performance of Whitenoise Promotions's obligations
are delayed or hindered by Force Majeure the following
provisions will apply.
7.1.1 Whitenoise Promotions will as soon as reasonably
practicable give the customer notice of the reasons
for the delay or hindrance. However, failure to give
such notice will not prevent Whitenoise Promotions
relying on the remaining provisions of this clause,
and Whitenoise Promotions will incur no liability
for failure to give such notice.
7.1.2 Whitenoise Promotions's duty to deliver the
products shall be suspended for as long as the circumstances
amounting to Force Majeure continue, and the time
for performance of Whitenoise Promotions's obligations
shall be extended by a period equal to the duration
of those circumstances.
8. ARBITRATION
Any question concerning the construction, meaning
or effect of these terms, or any dispute concerning
the rights or liabilities of the parties under these
terms may, unless resolved between Whitenoise Promotions
and the customer, be referred to arbitration, which
Whitenoise Promotions and the customer acknowledge
shall be governed by the Arbitration Act 1996. Any
arbitration process will however be voluntary and
the customer shall not be forced to take part.
9. INTELLECTUAL PROPERTY
The customer shall not be entitled to use or copy
the trademarks, "Whitenoise Promotions"
"The Whitenoise Promotions" any other trademarks
or trade names used by Whitenoise Promotions or copyright
works or any other intellectual property either registered
owned or used by Whitenoise Promotions without prior
written consent of Whitenoise Promotions. The contents
of Whitenoise Promotions's website including all images.
text and sounds thereon, unless otherwise specifically
stated, are the exclusive intellectual property of
Whitenoise Promotions.
10. APPLICABLE LAW
These terms shall be construed and receive effect
in accordance with the law of England and Whitenoise
Promotions and the customer agree to propagate the
exclusive jurisdiction of the English Courts.
11. COMPLAINTS
All complaints received by Whitenoise Promotions shall
be acknowledged within five working days and Whitenoise
Promotions shall at that point of acknowledgement
provide to the customer a reasonable estimate of the
timescale involved in handling and resolving any such
complaint. Whitenoise Promotions shall keep the customer
informed as to the progress of his complaint. Your
statutory rights are not affected.
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