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TERMS AND CONDITIONS OF SALE

OF

www.myspiritradio.com

1          DEFINITIONS

1.1       "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2       "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3       "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4       "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5       "Seller" means My Spirit Productions Ltd of Maidstone TV Studios, Vinters, Park, ROCHESTER ME1 9EF that owns and operates www.myspiritradio.com

1.6       "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2          CONDITIONS

2.1       Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2       These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3       Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4       Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3          ORDERING

3.1       All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2       Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

3.3       When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

4          PRICE AND PAYMENT

4.1       The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price excludes delivery charges.

4.2       The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3       After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

4.4       Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.

5          RIGHTS OF SELLER

5.1       The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.

5.2       The Seller reserves the right to withdraw any goods from the Website at any time.

5.3       The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6          AGE OF CONSENT

6.1      Esoteric does not sell products for purchase by children under the age of 18. We sell children's products for purchase only with the agreement and participation of a parent or guardian.

6.2       Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

6.3       If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7          WARRANTY

            The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller.  Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

8          DELIVERY

8.1       Goods supplied within the UK will normally be delivered within 28 working days of acceptance of order.

8.2       Goods supplied outside the UK will normally be delivered within 30 working days of acceptance of order. However due to postal services in some countries please allow up to 90 days in some countries. For an additional fee, if requested and available courier services are available. Please contact us at shop@myspiritradio.com or call us on 08700 111331 for more information.

8.3       Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

8.4       The Seller shall use its reasonable endeavours to meet any date agreed for delivery.  In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

8.5       Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

8.6       Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

8.7       We are not responsible for any additional fees that customs may charge.

9          CANCELLATION AND RETURN

9.1       The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller email to returns@myspiritradio.com within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract.  If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

9.2       Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller.  The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.

9.3       If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller email to returns@myspiritradio.com within 7 working days of receipt of the Goods.  This does not apply to personalised items.

9.4       Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

9.5       Goods to be returned must clearly show the order number obtained from the Seller on the package.

9.6       Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

10        LIMITATION OF LIABILITY

10.1    Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2    Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11        WAIVER

            No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12        FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

13        SEVERANCE

            If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14               Data Protection Act:

Details passed to us, which include personal details and birth data, will not be passed to third parties outside of My Spirit Radio Productions Ltd. Payments made online are made through a secure third party processing company.

The information you provide on this site may be held and used by us for any of the following purposes: order processing, administration of customers’ orders and/or accounts, dealing with enquiries or complaints, crime and fraud prevention, marketing our products and services generally or (subject to any objection or preference you may indicate when submitting your personal details to us via this Web site) for sending information to you about our products and services from time to time. In addition, we may use information about you provided by credit reference agencies to help us make credit decisions and to prevent fraud.

We will not disclose your information to any other companies other than those belonging to the same group of companies. We may disclose your information to credit agencies and to other people in relation to enquiries concerning the prevention and detection of fraud or crime or the apprehension or prosecution of offenders or as may be required by law or legal proceedings.

We cannot be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

15        CHANGES TO TERMS AND CONDITIONS

            The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

16        GOVERNING LAW AND JURISDICTION

            These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

CONTRIBUTOR / PRESENTER RELEASE FORM

1)             I hereby agree that the copyright (if any) and all other rights title and interest in and to my contribution shall vest in and is hereby irrevocably assigned to the Producer (and this assignment shall operate to the extent necessary as a present assignment of future copyright) and the Producer shall have the unfettered right to deal with the Programme(s) containing such contribution or any part of it in any way that it thinks fit. Accordingly I agree that the Programme(s) incorporating my contribution or any part of it may be exhibited or otherwise howsoever exploited (and such exploitation may include the exploitation of ancillary rights therein) in all media and formats throughout the universe for the full period of copyright and all renewals and extensions thereof and thereafter so far as may be possible in perpetuity without acknowledgement to me. I agree that the Producer shall be under no obligation to include all or any of my contribution in the Programme(s). Neither are we obliged to provide unused material the contributor.

2)             I hereby waive any so-called “moral rights of authors” in the Programme(s) and such rights under Sections 77 and 80 of the Copyright Designs and Patents Act 1988 (the Act) or under any statute or common law whether now or hereafter brought into force in any part of the world as I now have or hereafter acquires in relation to the programme.

3)             I hereby grant the Producer all consents under the Act to enable the Producer to make the fullest possible use of my services hereunder.

4)                    The Producer may without my further consent use my name voice likeness biography photographs and recordings of me in the advertising publicising and promotion of the Programmes(s) and the Broadcaster in all media formats throughout the universe.

5)                    I agree that I shall not at any time either personally or by other means make any statement or disclose any information or photographs to any third party (including without limitation all media) related to the programme or the general affairs or the Producers or the Broadcaster in connection with filming and/or the recording of my contribution hereunder.

6)             I agree to advise the Producer of any information or facts in connection with my contribution to the Programme which may call into question the integrity of my contribution to the Programme(s), including for the avoidance of doubt details of any  relevant civil or criminal proceedings (current or pending), charges or conviction relation to myself or any third party.

7)             The Producer will not be liable to me or my legal representative for any loss or damage or injury to me or my property caused or suffered in connection with the Producers making the Programme(s) unless caused by the negligence of the Producer and recoverable on that ground. Further, the Producer shall not be released from any liability including any damage or harm suffered by me in connection with or as a consequence of my appearance or contribution to the Programme(s).

8)             I hereby agree that my contribution shall not contain anything which is an infringement of copyright or which is calculated to bring the Producer or the Broadcaster into disrepute or which is defamatory, blasphemous or obscene and that the contents of my contributor shall be true in all respects to the best of my knowledge and belief.

9)             This agreement may be assigned to the Producers successors, licensees and assigns.

10)            This agreement is governed by English Law and subject to the jurisdiction of the English Courts.