1. Definitions

'Website' means all of the internet pages and ecommerce services of Sound 323 Limited including those within the domain www.sound323.com.

'Privacy Policy' means the statement of Sound 323 Limited's rules relating to data management and protection, and other privacy matters. It can be viewed at http://www.sound323.com/pages/privacy.php

2. General Terms and Conditions

2.1 By accessing the Websites, you agree to be bound by these terms and conditions and you accept our Privacy Policy.

2.2 We may alter these terms and conditions at any time and your use of the whole/any part of the Websites 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.

2.3 We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

2.4 You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations.

2.5 You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

2.6 You agree not to attempt any unauthorized access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any other user of the Website arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

2.7 Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy.

2.8 We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

2.9 You shall be responsible for the conduct and acts/or omissions of your children in using the Website as if these were your own. By registering to the Website you represent and warrant that you are at least 16 years of age and by making any purchase you represent that you are at least 18 years of age. You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk.

2.10 We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.

2.11 We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party's hypertext link.

2.12 Notwithstanding any other provision in the terms and conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.

2.13 If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.

2.14 These terms and conditions and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these terms and conditions.

2.15 These terms and conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

2.16 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.

2.17 You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying Sound 323 Limited, their licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Sound 323 Limited as part of or in conjunction with the hyperlink.

3. Website Content

3.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

3.2 We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

3.3 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these terms and conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Websites).

3.4 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use. You should assume that everything you see and read on the Website including copyright in the content of these web pages are owned and controlled by Sound 323 Limited. Neither the Website nor any portion thereof may be reproduced, duplicated, copied, sold, transmitted, adapted or otherwise exploited for any commercial purpose without the express prior written consent of Sound 323 Limited.

3.5 If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who's copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.

4. Registration

4.1 You will receive an account upon completing the Website's registration process. Irrespective of whether you choose to hold your information with us, you are responsible for maintaining the confidentiality of any personal information you type in whilst using the Website. You agree to: (i) immediately notify us of any unauthorized use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.

5. Sales

5.1 When using the Website for purchase you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Websites' registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.

5.2 When placing an order for any products from the Website, you will state, specifically, which products you desire to purchase and shall also at the same time confirm to us, at your own risk, your home address, telephone number, delivery requirements and selected payment method together with such other details that may be requested at that time from you by us. Any orders received by us after 4.00PM GMT/BST shall be deemed to be received the following working day.

5.3 Your contract for purchases through the Website is with Sound 323 Limited whose registered office address is 323 Archway Road, Highgate, London, N6 5AA, United Kingdom. You agree that email can be used as a means of communication.

5.4 No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an email to you confirming that we have accepted your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the email to you (whether or not you receive that email). This confirmation email amounts to an acceptance by us of your offer to buy products from us or a 3rd party supplier that is engaged on your behalf by us.

5.5 You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.

5.6 You may cancel your order at any time prior to your order being dispatched by emailing us at info@sound323.com ensuring that you quote your name, address and order reference number or by telephoning 020 8348 9595 between 12 midday and 5.30pm GMT/BST, Tuesday - Saturday.

5.7 Our returns policy: Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies:

5.7.1 Damaged or defective goods: in the unlikely event that you receive products which are damaged or defective, we shall, at our own option, either replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 28 working days of delivery of the products and that you return the products in the same condition that you received them. Please note that Sound 323 Limited cannot accept returned goods that are returned in a condition different from that in which they were dispatched to you. Sound 323 Limited will not be able to give a refund if the goods returned are not received and for your protection we recommend that you return any items via recorded delivery.

5.7.2 Our mistake: If items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge if the items are available at the time the request is made, whichever you prefer. Please note that when you place your order, a label is automatically generated from the address you have typed into your account details, so you are responsible for getting this right. If you get your address wrong and do not notify us before the order is sent, we cannot refund the postage costs. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us.

5.7.3 Your mistake: If items are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the post office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the postage and packaging charge again.

5.8 All orders are made subject to acceptance by you of these terms and conditions and fulfillment of any order is subject to availability and acceptance by us of your order. We are under no obligation to accept any customer order.

5.9 You can check the progress of your order by visiting the "My Account" section of the Websites.

5.10 We accept all major credit and debit cards as methods of payment. We also accept Paypal.

5.11 Please note for your information:

• Credit and debit cards have daily spending limits that may prevent the processing of your order.

• If a purchase has been declined due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted, you will not be able to use that card for your purchase and should use another payment method.