TERMS OF SALE

(1) Introduction

Please read these Terms of Sale carefully before ordering any Products via the Site.
By ordering any of the Products, you signify that you have read, understand and agree to be bound by these Terms of Sale. You may print a copy of the Terms of Sale.

(2) Interpretation

In these terms of sale, “we” means Peter Frow Productions (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) 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: you must click on the BUY NOW button where you will be transferred to the PayPal website, and PayPal will handle your payment.

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.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order.

(4) The products

FAIRYLAND: THE MUSICAL is a 77 minute audio CD containing all the principal musical numbers and includes a 24 page full colour illustrated booklet containing all the lyrics and an edited version of the story and dialogue.

(5) Price and payment

Prices for products are quoted on our website. We will verify prices as part of our sale procedures so that a product’s correct price will be stated on PayPal when you pay for the product.

In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product.

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.

Payment for all products must be made by PayPal.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

Price includes 0% No VAT

(6) 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;

(7) Delivery policy

Shipments are subject to stock availability.

Please allow up to 14 working days for your order to be delivered.

Products are posted using Royal Mail 1st class standard delivery. No tracking information is available.

We will arrange for the products to be delivered to the address for delivery indicated in your order.

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 30 days of the later of receipt of payment.

(8) Import Duty

If you order Products via the Site for delivery outside the UK, the products might be subject to import duties and taxes which are levied when the delivery reaches it’s specified destination. You are responsible for payment of any import duties and taxes. It is important to note that we have no control over these charges and cannot predict their amount. Contact the relevant customs office in your area for further information before placing your order.

Please note also that you may also need to comply with all applicable laws and regulations of the country for which the products are destined for delivery. We will not be liable for any breach by you of any such laws.

(9) Defective or damaged products
Defective or damaged products may be returned within 15 days of the invoice date for replacement.

(10) Returns policy
We do NOT accept return on CD’s due to the ease of copying.

(11) 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.

(12) “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.

You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software 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.

(13) 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).

(14) Refunds

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.

(15) 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.

(16) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

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.

Subject to the first paragraph of Section 15: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

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.

(17) About us

Our website name is www.fairylandthemusical.com

Our full name is Peter Frow Productions.

Our office is: 10 Victoria Road, Knaphill, Woking, Surrey GU21 2AH UK (correspondence only)

Our email address is: sales@peterfrowproductions.com.