DEFINITIONS AND INTERPRETATIONS
‘London Arrangements’ means London Arrangements Limited incorporated and registered in England and Wales with company number 09944594 and whose registered address is at 27 Howard Drive, Letchworth, Herts, SG6 2BT.
‘Catalogue Backing Tracks’ means those tracks that are listed on the Website as being available for immediate download or within a set period as detailed on the Website.
‘Bespoke Backing Tracks’ means tracks that London Arrangements agree to produce under your instructions and are not currently available on the Website.
‘Backing Tracks’ means collectively, Catalogue Backing Tracks and Bespoke Backing Tracks.
‘Business Day’ means any day other than a Saturday, a Sunday or a public holiday in England.
‘Contract’ means any agreement by us to fulfil an order by you.
‘Order’ means any order submitted by you.
‘Terms and Conditions’ means these terms and conditions.
‘us’ means London Arrangements and you together.
‘Website’ means the website of London Arrangements at www.londonarrangements.com.
‘you’ and ‘your’ means the person ordering Backing Tracks, under these Terms and Conditions.
Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
ACCEPTANCE OF TERMS AND CONDITIONS
The Terms and Conditions apply to your use of the Website and to any order you place on the Website. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which London Arrangements makes the Website available to you. You must read these Terms and Conditions carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.
We reserve the right to change the Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
USE OF THIS WEBSITE
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
We reserve the right to refuse service and terminate accounts if you are in breach of applicable laws or these Terms and Conditions.
ACCURACY OF CONTENT
We have taken every care in the preparation of the content of this Website, in particular, to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, Orders will only be accepted if there are no material errors in the description of the Backing Tracks or their prices as advertised on this Website and at our discretion. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this Website.
DAMAGE TO YOUR COMPUTER OR OTHER DEVICE
London Arrangements uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. London Arrangements shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
LINKS TO OTHER WEBSITES
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. London Arrangements does not accept any liability in respect of the use of these websites.
Backing Tracks may not be resold or uploaded to any file sharing internet site under any circumstances. If we are made aware that you have distributed our Backing Tracks whether for financial gain or not, we reserve the right to terminate your account with immediate effect.
CREATING AN ACCOUNT
When you register on the Website, you will be required to supply amongst other details, a contact email address and to create a password.
You warrant that the information you give when you register as a customer is true, accurate and complete in all respects.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and for all sessions and transactions taken under the details you register with us on the Website. You should take all necessary steps to ensure that the password is kept confidential and secure and you should change it immediately if you feel it has been compromised.
You are responsible for ensuring that the details you provide us with are correct and complete and you may update your details by signing into your account on the Website and updating the relevant section.
London Arrangements shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password. Should you be aware of or suspect any unauthorised use of your password or account, please contact us.
All Contracts for purchases made through the Website will be with London Arrangements.
Once payment for Catalogue Backing Tracks has been received by us, we will confirm that your Order has been received by sending an email to you at the email address you provided to us. The email will include your name, the Order number and the total price paid. London Arrangements’ acceptance of your Order brings into existence a legally binding Contract between us on these Terms and Conditions.
Please note that the completion of the online checkout process does not constitute our acceptance of your offer to purchase Backing Tracks from us. Our acceptance of your Order will take place when: (i) we despatch the Backing Tracks; or (ii) you commence downloading the Backing Tracks (as applicable).
For the avoidance of doubt, no Contract exists for the production of Bespoke Backing Tracks until payment is received in full.
Any term sought to be imposed by you in your Order will not form part of the Contract.
During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed.
Unless we agree otherwise with you, all payments will be via credit or debit card and processed by Braintree www.braintreepayments.com/gb or PayPal (Europe) S.à r.l. et Cie, S.C.A. www.paypal.com. Their terms and conditions are available on their respective websites.
The currency converter is for illustrative purposes only and all payments will be processed in GB sterling.
ORDERING AND DELIVERY OF CATALOGUE BACKING TRACKS BY DIGITAL DOWNLOAD
When you place and subsequently pay for an Order for Catalogue Backing Tracks that are listed on the Website as being available for immediate download, they will be available to download from the Website shortly after you have paid for them.
When you place and subsequently pay for an Order for Catalogue Backing Tracks that are listed on the Website as being available after a specified time period from the date the Order is placed, you will be sent an e-mail once they are available to be downloaded from the Website.
We shall use our reasonable endeavours to ensure that Catalogue Backing Tracks you have paid for are available to be re-downloaded but cannot guarantee that they will remain so indefinitely.
ORDERING AND DELIVERY OF BESPOKE BACKING TRACKS BY DIGITAL DOWNLOAD
When you place an Order for Bespoke Backing Tracks, you will be advised of an approximate date when they will be available to download.
When the Bespoke Backing Tracks have been produced by us, we shall contact you in order that you can make payment.
Once you have made a payment you will be sent an e-mail to confirm that the Bespoke Backing Tracks are available to be downloaded from the Website.
We shall use our reasonable endeavours to ensure that Bespoke Catalogue Backing Tracks you have paid for are available to be re-downloaded but cannot guarantee that they will remain so indefinitely.
ORDERING AND DELIVERY OF BACKING TRACKS BY POST OR COURIER
By special arrangement with us we may agree that an Order for Catalogue Backing Tracks will be sent by post and in such an event we will send the Catalogue Backing Tracks for the attention of the person who placed the Order and at the address you have registered on the Website as being the delivery address.
All Backing Tracks that are placed in one Order will be produced onto the same compact disc unless you specifically request that they are on separate compact discs and you agree to pay all additional associated production and delivery costs.
You will be the declarant and importer into the country for which the Backing Tracks are destined and you will be responsible for; (i) customs clearance; (ii) payment of customs duties; and (iii) local taxes, where required. Please note that all packages will be shipped from mainland Spain.
Delivery of Backing Tracks will be made as soon as possible after your Order is paid for. All delivery times quoted on the Website are estimates only, based on; (i) availability (ii) normal processing; and (iii) delivery companies (as applicable).
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your Order.
AVAILABILITY OF BACKING TRACKS YOU ORDER
All items are subject to availability. If we are unavailable for whatever reason to deliver the Backing Tracks ordered by you, we will notify you as soon as possible and any sum debited by us from your credit or debit card will be re-credited to your account.
A refund will be made as soon as possible and in any event within 30 days of your order.
We will not be obliged to offer any additional compensation for disappointment suffered due to Backing Tracks not being available.
WITHDRAWAL BY YOU FROM THE CONTRACT
All sales of Catalogue Backing Tracks that are available for immediate download are final, non-exchangeable and non-refundable. You are not able to cancel any purchases of these downloads after you have confirmed payment.
Orders for Catalogue Backing Tracks that are: (i) not available for immediate download; and (ii) that we agree by special arrangement to supply on compact disc, may be withdrawn at any time before they are made available by us for download or are manufactured onto a compact disc.
Once you have notified London Arrangements that you are withdrawing your Order, and assuming that you have the right to withdraw, any sum debited to London Arrangements will be re-credited to your account as soon as possible and in any event within 30 days of your Order minus any bank charges and reasonable administration charges that we may subsequently incur.
Backing Tracks that are downloaded may not be refunded for any reason unless they are defective.
For the avoidance of doubt, the ability to return goods that are not faulty under the Consumer Rights Act 2015 does not apply to digitally downloaded material due to the nature of the product.
WITHDRAWAL BY US FROM THE CONTRACT
We are entitled to withdraw from any Contract in the case of obvious errors or inaccuracies regarding the Catalogue Backing Tracks appearing on our Website. If an error or inaccuracy is discovered with regards to the advertised price of the Catalogue Backing Tracks that you have ordered, we will contact you as soon as possible by email.
We are not required to be registered for VAT as provided for in the Value Added Tax Act 1994 in the UK under current legislation. No evidence of VAT payment can, therefore, be provided.
If by special arrangement with us you are ordering Backing Tracks for delivery via post or courier, please note that your consignment may be subject to import duties and taxes which are levied once the Backing Tracks reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that we have no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your Order. You will be responsible for any import VAT (or similar charge) and duty that may be borne. In addition, any charges for import clearance will be borne by you.
Please note that when shipping cross-border, shipments may be subject to opening and inspection by customs authorities. In respect of all items dispatched to you, you are deemed to be the importer and must, therefore, comply with all the laws and regulations of the country into which the items are being delivered.
Please also note that all packages will be shipped from mainland Spain.
LIABILITY FOR BACKING TRACKS DELIVERED BY POST OR COURIER
If you have received a confirmation shipping e-mail from us and do not receive the Backing Tracks within 30 days of the date on which they were despatched to you, we shall have no liability to you unless you notify us in writing of the problem within 40 days of the date on which the Backing Tracks were despatched to you.
If you notify a problem to us under this condition, our only obligation will be, at our option to; (i) make good any shortage or non-delivery; (ii) to replace any Backing Tracks that are damaged or defective; or (iii) to refund to you the amount paid by you for the Backing Tracks in question to the original method of payment.
We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us under this condition and shall have no liability to pay any monies to you by way of compensation other than to refund to you the amount paid by you for the Backing Tracks.
EXCLUSIONS OF LIABILITY
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law.
It is your responsibility to ensure that you have the required licences if you are using our Backing Tracks for public performance, broadcast or recording.
You must credit London Arrangements as the track producers in any literature relating to performances, such as programmes, liner notes etc
We shall have no liability to you for any failure to deliver Backing Tracks you have ordered or any delay in doing so or for any damage or defect to the Backing Tracks delivered that is caused by any event or circumstance beyond our reasonable control.
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 terms and conditions will not be affected.
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, together with the current London Arrangements Website prices, delivery details and London Arrangements contact details, set out the whole of our agreement relating to the supply of the Backing Tracks to you by London Arrangements. These Terms and Conditions cannot be varied except in writing by us to you.
T&Cs version: March 2020