If you purchase from our website, we will ask you to expressly agree to all our Terms & Conditions.
(A2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution.
(A3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
The advertising of products on our website constitutes an “invitation to treat” – not a contractual offer.
Prices stated on our website may be stated incorrectly.
We will ask you to agree to all our Terms & Conditions each time you purchase a product or products via our website.
(A5) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(A6) Limitations and exclusions of liability
(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.
(a) are subject to the preceding paragraph; and
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise; and/or
(g) suspend and/or delete your account with the website.
B. Terms of Sale
Please read these Terms of Sale carefully.
By using the LISTEN2 website, you agree to be bound by all the Terms & Conditions. The items featured on this website are provided by Good Times Direct Limited, registered in England No. 07946684, which is a trading style of Good Times Direct (CI), registered in Guernsey No. 54964.
You will be asked to expressly agree to all our Terms and Conditions before you place an order for products from our website.
In these Terms of Sale, “we” means Good Times Direct Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(B3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(ii) you must select your preferred method of delivery and confirm your order and your consent to all our Terms and Conditions;
(iii) you will be transferred to the PayPal website, and PayPal will handle your payment; and
(iv) we will send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these Terms of Sale specifically in relation to your order. We may update the version of these Terms of Sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms of Sale for your records.
The only language in which we provide these Terms of Sale is English.
(B4) The products
The products for sale are fully described on our website.
(B5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the products.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by credit card or debit card.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:
(i) an amount equal to the amount of the charge-back;
(ii) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(iii) an administration fee of GBP10 (including VAT); and
(iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these Terms of Sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
(B6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms of Sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
(B7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 28 days of the later of receipt of payment and the date of our order confirmation.
(B8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(B9) "Cooling off" period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation by email to: firstname.lastname@example.org
You will not have any such right insofar as a contract relates to the supply of any products which constitute audio or video recordings which have been unsealed by you.
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(B10) Statutory rights
Nothing in these Terms of Sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(B12) Limitations and exclusions of liability
Nothing in the Terms of Sale will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987;
(d) limit any liability of a party in any way that is not permitted under applicable law; or
(e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the Terms of Sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the Terms of Sale:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the Terms of Sale or in relation to the subject matter of the Terms of Sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(B13) General terms
Contracts under these Terms of Sale may only be varied by an instrument in writing signed by both you and us. We may revise these Terms of Sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these Terms of Sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these Terms of Sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms of Sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms of Sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these Terms of Sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these Terms of Sale.
Each contract under these Terms of Sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
These Terms of Sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Terms of Sale.
C. Returns Policy
We understand that from time to time you may wish to return a product to us.
We have created this 28-day Returns Policy to enable you to return products to us in appropriate circumstances.
This Returns Policy applies irrespective of your geographical location.
This Policy does not affect your statutory rights (such as your rights under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations 2000).
Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:
(a) we receive the returned product within 28 days following the date of receipt of the product;
(b) the returned product is unused, in its original unopened packaging with any seal or shrink-wrap intact, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
(c) you comply with the returns procedure set out below; and
(d) none of the exclusions set out below apply.
(C3) Returns procedure
In order to take advantage of your rights under this Returns Policy, you must email email@example.com to obtain a returns reference number and include that number with the returned product.
You will be responsible for paying postage costs associated with returns under this Policy.
We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this Returns Policy (including the original delivery charges but excluding the costs of returning the product to us).
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your returned product.
(C5) Improper returns
Where you return a product in contravention of this Policy (and where you do not have any other legal right to return the product):
(a) we will not refund or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
We are committed to safeguarding the privacy of our website visitors; this Policy sets out how we will treat your personal information.
(D1) What information do we collect?
We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation);
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services; and
(c) information that you provide to us for the purpose of registering with us.
A cookie consists of a piece of text sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both "session" cookies and "persistent" cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website. We will use the persistent cookies to: enable our website to recognise you when you visit.
Our payment services providers may also send you cookies.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.
(D3) Using your personal information
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send to you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested; and
(h) deal with enquiries and complaints made by or about you relating to the website.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
(D5) International data transfers
Information which you provide may be transferred to countries (including the United States) which do not have data protection laws equivalent to those in force in the European Economic Area.
You expressly agree to such transfers of personal information.
(D6) Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
(D7) Policy amendments
(D8) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at £10.00); and
(b) the supply of appropriate evidence of your identity.
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.
(D9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third-party websites.
(D10) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
20 February 2013