- These terms of sale (“Terms”) govern your relationship with Joyspring Music when you use our online services (“Services”) via this MUSIC STORE.
- By purchasing products via this MUSIC STORE, you accept and agree to these Terms and you agree that your use of this MUSIC STORE, including any transaction you make, is subject to these Terms. If you do not agree to all of these Terms, you may not use this MUSIC STORE.
- You should print a copy of these Terms for future reference.
- If you have any questions about these Terms please contact us using the following details customer services firstname.lastname@example.org
Changes to these Terms
- We may make changes to these Terms from time to time, which will be effective when posted on this MUSIC STORE. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the MUSIC STORE regularly for any updates. Your continued use of this MUSIC STORE following the posting of changes will mean you accept those changes.
- You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
MUSIC STORE Content
- The Services, this MUSIC STORE (including without limitation) all trade marks, music recordings, lyrics, audio and audio visual clips, digital downloads (“Content”) are owned and controlled by or licensed to Joyspring Music. All rights in the Content are the sole and exclusive property of Joyspring Music.
- Unless otherwise specified, this MUSIC STORE, and Content are for your personal and non-commercial use only.
- You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the MUSIC STORE, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
- Purchases via the MUSIC STORE require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.
Your Use of our Webstore
- You may not:
- restrict or inhibit any other user from using and enjoying this MUSIC STORE or the Services;
- act in any way that would damage, disable, overburden, or impair this MUSIC STORE or the Services or effect or encourage conduct that would constitute a criminal offence or give rise to civil liability;
- upload, post or transmit to, or distribute or otherwise publish through this MUSIC STORE any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party’s rights;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- exploit any information or other material obtained on or through this MUSIC STORE for commercial purposes;
- engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using MUSIC STORE cookies for purposes which are unrelated to the Services);
- attempt to gain unauthorized access to other computer systems through this MUSIC STORE or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this MUSIC STORE; or
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this MUSIC STORE or the Contents or the Services.
- Our MUSIC STORE may allow you to:
- purchase physical products;
- download digital products
- If we decide to offer any additional products in the MUSIC STORE, such future products will also be covered by these Terms.
- You may need to register with the MUSIC STORE before using the Services.
- By placing an order through our MUSIC STORE, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
- If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this MUSIC STORE, a parent or guardian should accept these Terms on your behalf.
Making an Order
- Follow the onscreen instructions on the MUSIC STORE to make an order.
- Items which you select for purchase/download (as applicable) will automatically be placed in your “shopping basket”. To remove an item from your shopping basket, simply click on the “remove” (x) red button at the front the item name as it appears in your basket.
- Once you have pressed the “checkout” or similar button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).
- You will receive an order summary confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order — this doesn’t mean that your order has been accepted. Your order represents an offer to us to purchase a particular item which is accepted by us only when we send you an email (“Dispatch Confirmation”) confirming:
- in the case of physical products: that particular product has been dispatched physical products), or (if appropriate);
- in the case of digital content: instructions for accessing your digital content.
- We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a full refund in accordance with our Refund Policy set out in Sections 35-40. Where your order was for products of a “hybrid” nature (e.g. a physical and digital product) we will refund the relevant element of the order in accordance with our cancellation policy (set out in Sections 35 and 40 as applicable) for that particular product.
- We can accept only PayPal payments. Prices appear on the MUSIC STORE and are inclusive of sales tax unless otherwise stated. We may change the prices for products at any time by posting new prices in the MUSIC STORE.
- Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to your payment details being taken. There are no delivery charges for digital content.
Cancellation, Delivery and Usage Rules
If you order digital content to download, you will have a cancellation period of 14 days in which to cancel your order for any reason. However, if you decide to download your product before the end of these 14 days then you will lose this cancellation right. When we deliver you the link to download or stream your content we will make it clear that by clicking on that link you are giving up these cancellation rights. If you are ordering digital content that is provided on a physical CD, DVD or Blu-ray, the usual cancellation terms apply as set out in paragraph 35 below.
Each download item made available or purchased can be accessed via the relevant area of the MUSIC STORE using the instructions provided on screen or via email.
You may purchase downloads (as applicable) for your personal and non-commercial use only. In the event you experience any problems in downloading the relevant download item we will allow you to subsequently attempt to download the relevant download item. In the event you experience any problems when downloading, please contact email@example.com. Please note that we may withdraw products from the MUSIC STORE at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products.
TECHNICAL PROBLEMS AND FAULTY PRODUCTS (DIGITAL PRODUCTS)
If digital content that you download is defective or faulty, please let us know as soon as possible (by contacting us at firstname.lastname@example.org. If we find that the digital content is indeed defective, we will first attempt to repair or replace the relevant product at our cost within a reasonable timeframe if it is reasonably possible to do so. If a repair or replacement is not possible we will refund you for either the full or partial cost of the product as appropriate. If we agree to a refund, we will refund the sum agreed within 14 days of confirming to you that you are entitled to a refund.
- You may cancel your purchase of physical products at any time within 14 days for any reason, beginning on the day after you receive the product(s). In this case, you will receive a full refund of the price paid for the product(s) in accordance with our refunds policy set out in Sections 38-42 below. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering your digital product order, we will refund the relevant physical element of the order in accordance with our cancellation policy as set out in this Section 35 Where you order multiple items that are delivered in separate batches, your 14 day cancellation period does not begin until the day after the last item has been received by you.
- To cancel, you must inform us clearly. We recommend the best way to do this is by emailing email@example.com. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.
- Further details of this 14 day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the Dispatch Confirmation for physical goods. Details of our can also be found at Section 38 – 42.
- This right to cancel does not apply:
- where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
- where the product has been made to your specification;
- to digital content (see Sections 35 above); or
- where the product, by reason of its nature, cannot be returned.
- Your statutory rights are unaffected by Section 31 above.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
- Products purchased will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
- If you cancel your purchase of products within the 14-day cooling-off period detailed in 31 or 35 above, we will process the refund due to you as soon as possible and, in any event, within 14 days of the day we receive the returned product or, if earlier, within 14 days of you providing evidence of having sent back the product. In this case, we will refund the price of the product in full, including the cost of delivering the item to you via standard delivery, provided that you have taken reasonable care of it. If audio, video or software products provided to you in a separate sealed packet are opened, you may not be entitled to a refund. You will be responsible for the cost of returning the item to us.For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering the digital part of your product order, we will refund the relevant element of the order in accordance with our cancellation policy (as set out in Sections 31 and 35 as applicable) for that particular product.
- If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on our part, we will examine the returned product and will notify you of your refund or otherwise via email within a reasonable period of time.
- In the event that we have to cancel your order after payment has been taken, we will notify you of our need to cancel your order and supply you with a refund as soon as possible.
- Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- We will always make any refund using the same method originally used by you to pay for your purchase unless you expressly agree otherwise.
- Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your sole remedy will be either a replacement product or a refund, as determined by Digital Stores or the relevant third party supplier as appropriate. Your statutory rights are not affected.
- We will not be liable to you for failures, defects or delays in delivery caused by:
- your provision of incorrect information;
- your computer failing to meet the minimum technical requirements for the Services;
- your failure to comply with instructions for use of the Services; or
- an event which is outside of our reasonable control.
Governing Law and Jurisdiction
- This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts of the state and federal courts of Los Angeles County, California.