LEGAL
Legal
1. COPYRIGHT
All rights including copyright in the content of these web pages ("the Website") are owned and controlled by Lone Boy Music Limited ("LoneBoyStore") save that the dissemination sale and distribution of non-physical copies of recordings via the Website (whether as so called "streams" or "downloads") is undertaken by LoneBoyStore Digital ("Digital"). 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 Boomkat. Non-physical copies of recordings may not be reproduced, duplicated, copied, sold, broadcast, downloaded, transmitted, adapted or otherwise exploited for any commercial purpose without the express prior written consent of Digital.
2. ACCEPTANCE OF TERMS AND CONDITIONS
By placing an order on the Website you accept these terms and conditions ("the Conditions"). Each of LoneBoyStore and Digital (as the case may be) reserve the right to make changes to the Conditions relevant to them at any time and you will be subject to the relevant Conditions as published on the Website at the time you place your order. For the avoidance of doubt in respect of Digital the Conditions applicable below constitute a legal contract between you and Digital governing your use of Digital's online music download sales service ("the Service").
3. ORDERS & PRICING
It is LoneBoyStore's aim to ensure that pricing of products on the Website is accurate at all times but prices are subject to change and the Website may not reflect the correct price at the moment you place your order. The price you will be charged for goods ordered will be that detailed in the email sent to you by LoneBoyStore confirming that your order has been received.
4. AVAILABILITY
All orders are subject to product availability. It is LoneBoyStore's policy not to charge customers' accounts until the date of despatch of goods ordered and in the event that an item ordered by you is not available your account will not be charged in respect of that item.
5. CONTRACT
An order placed by you on the Website represents an offer to LoneBoyStore to purchase an item. A legally binding contract between you and LoneBoyStore will be formed when you receive an email from LoneBoyStore confirming that your order has been despatched to you. If LoneBoyStore confirms to you that some but not other items that you have ordered have been despatched, the items that have not been despatched will not form part of the contract between you and LoneBoyStore.
6. SHIPPING
All goods ordered will be subject to LoneBoyStore's standard shipping charges on a per item basis.
7. RETURNS
You may cancel your order within seven (7) working days of receipt of the item from LoneBoyStore provided that you have not broken the seal on the packaging of the item if it is a video, DVD, audio recording or computer software. Please note that LoneBoyStore cannot accept returned magazines or goods that are returned in a condition different from that in which they were despatched to you. On receipt of returned goods Boomkat will refund onto your credit card the amount charged (excluding shipping fees) within thirty (30) days. LoneBoyStore will not be able to give a refund if the goods returned are not received and for your protection LoneBoyStore recommends that you return any items via recorded delivery.
8. FAULTY GOODS
If any item of physical product included with your order is faulty LoneBoyStore will replace it or, if the item is no longer available, refund the purchase price provided you notify LoneBoyStore in writing of the nature of the fault and you return the item concerned to LoneBoyStore in suitable packaging enclosing details of your name and order number.
9. DUTIES AND TAXES
If you order from the Website goods for delivery overseas you will be responsible for any import duties and taxes.
20. USE OF WEBSITE
You may use the Website for lawful purposes only and you agree not to use the Website in any way which may cause the Website or access to it to be interrupted or impaired in any manner.
21. REGISTRATION
In order to purchase goods from LoneBoyStore or use the Service provided by Digital you must first register and provide certain information including a member (user) name, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. LoneBoyStore and Digital will keep and use your Registration Data in accordance with their privacy policy which forms part of these Conditions. You agree that you will not allow others to use your member name, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify LoneBoyStore and Digital immediately of any unauthorised use of your password and/or account. Neither LoneBoyStore nor Digital shall be responsible for any losses arising out of the unauthorised use of your member name, password and/or account and you agree to indemnify and hold harmless LoneBoyStore, Digital, their officers, partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorised or illegal uses of the same.
22. CREDIT CARD SECURITY
LoneBoyStore and Digital both place great importance on keeping secure the credit card details you provide and to that end LoneBoyStore and Digital use security systems which comply with the Payment Card Industry Data Security Standard, a worldwide standard for data protection across the payment industry.
23. LINKS TO THIRD PARTY SITES
The Website may present links to third party websites not owned or operated by LoneBoyStore or Digital. Neither LoneBoyStore nor Digital is responsible for the availability of these sites or their contents. You agree that neither LoneBoyStore nor Digital is responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.
24. PATENTS AND TRADEMARKS
All trade marks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with Website are the property of LoneBoyStore and/or its affiliates, licensors and/or licensees (with the exception of those relating to the Service which are the property of Digital). You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
25. FORCE MAJEURE
Notwithstanding clause 10 above in the event that, due to circumstances outside LoneBoyStore's control, you do not receive the whole or part of order or any of the items ordered by you are defective or there is a delay in your order reaching you, LoneBoyStore shall not be liable to you.
26. LIMITATION OF LIABILITY
In the event that either LoneBoyStore or Digital is held to be in breach of the Conditions the extent of any such liability shall be limited to loss that would have been reasonably foreseeable by you and LoneBoyStore or Digital (as the case may be) at the time the contract between you and LoneBoyStore and/or Digital (as the case may be) was formed (as determined in accordance with the foregoing provisions) and in any event any liability of LoneBoyStore or Digital (as the case may be) shall be limited to the value of the goods ordered by you in the relevant transaction. Nothing contained in the Conditions shall be deemed however to limit LoneBoyStore's or Digital's (as the case may be) liability for death or personal injury arising as a result of negligence on the part of LoneBoyStore or Digital (as the case may be). To the extent that any disclaimer or limitation on damages or liability in these Conditions is prohibited or limited by applicable law, then LoneBoyStore and Digital (and if applicable the Digital Entities) shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity and in no event shall such damages or liability exceed £100.00.
27. LAW AND LEGAL NOTICES
These Conditions and any other terms or documents referred to herein represent your entire agreement with LoneBoyStore and Digital with respect to your use of the services offered by them respectively. If any part of the Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of England and Wales govern the Conditions and your use of the Service and the Tracks. You agree that the English Courts have jurisdiction over any claim or dispute whether with Boomkat or with Digital or relating in any way to your account or your use of the Service or the Tracks.
