TERMS AND CONDITIONS
This site is powered by Sunshine HQ Limited, (Company No. 6936288) whose registered office is at:
The Old Stables,
Newton On Derwent,
Our VAT registration number is 977 8001 86.
Please read these terms and conditions carefully before accessing or using any part of this site or any other websites (“The Website (s)”) made available by Sunshine HQ Limited (“SHQ” or “we” or “us”) on SHQ managed domains. By visiting, purchasing from or using The Website, each individual user ("You") accepts and agrees to the terms in this agreement ("Terms"). We may amend these terms and conditions from time to time. Every time you wish to order goods from us, please check these terms and conditions to ensure you understand The Terms which will apply at that time. Your continued use after any updates have been made constitutes your acceptance of such updates. If you do not wish to be bound by these The Terms then you may not use or access our website or place orders with us.
You should not proceed with your purchase until you have read and agreed to these terms and conditions.
All prices include VAT, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
The prices displayed on the website are for on-line purchases and promotions only and are not transferable to sales through other means.
We take all reasonable care to ensure that the prices of products on our website are correct at the time when the relevant information was entered onto the system.
Payment and conclusion of contract You must pay by credit, charge or debit card, or Paypal at the time of order. The price of any product is the price in force at the date and time of your order. You undertake that all details you provide to us for the purpose of purchasing products which may be offered by Us on our website will be correct; that the credit charge or debit card which You use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit charge or debit card details before accepting your order.
Payment will be taken in full at the time of the order.
Please note that the contract between you and us shall not have been concluded until we have completed all of the following steps: we have received your valid credit card charge or debit card payment details, we have accepted your order and sent you confirmation of receipt of your order by return email to the address you have given us during the registration procedure and on ordering.
We are entitled to refuse any order placed by you.
SHQ is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on the Website. If an error or inaccuracy is discovered with regard to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
Customers ordering for delivery outside of UK and Europe will be responsible for payment of any local taxes where applicable. SHQ are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination. Digital content is only provided according to the allowable country for each track.
To withdraw your order in accordance with the refunds and cancellation policy set out within these Terms, you must notify SHQ via the Customer Services department. contact details of which are provided on the website.
The downloading of digital content commences the moment SHQ starts processing your order. Due to the exclusive nature of the digital content you will NOT be able to make any cancellation or return in relation to any part of the digital content once you have pressed SUBMIT to submit your order. For the avoidance of doubt, your right to withdraw from the contract as set out above DOES NOT apply to any part of the digital content.
You are responsible for ensuring that you have carefully checked that your order reflects accurately the digital content that you want to receive before submission and that your computer meets the minimum systems requirements. Delivery of digital content specified in your order that you do not want or incomplete delivery or functioning as a consequence of your failure to observe the minimum service requirements, will not constitute grounds for cancellation, refund or exchange. You are also responsible for ensuring that your player is configured properly. SHQ will not be responsible for your failure to do so. Your failure to properly configure your player will not constitute grounds for cancellation, refund or exchange.
We will use reasonable endeavors to fulfil your order by the date set out in the e-mail by which we confirmed your order, but delivery dates are estimates only and time shall not be of the essence.
For all orders; any changes made to the content of your order will have an impact on your delivery date. We may therefore be unable to deliver your goods on your confirmed delivery date should changes occur and if so, a new delivery date will be given.
You are responsible for providing a safe means of access from the public highway to the place of delivery. If the carrier’s delivery employees consider that access is unsafe then we will not deliver the goods until safe access is provided.
For deliveries using our delivery service: If you are unable, for whatever reason, to take delivery of your goods on the confirmed deliver date arranged, you must inform us by contacting us. If through no fault of their own, our carriers cannot gain access on the date agreed, a discretionary re-delivery charge fee may be applied.
If our carriers accidentally damage goods in the course of delivery our liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof. Please ensure that you inspect all goods carefully on delivery and inform us promptly of any problems.
If goods are received damaged at time of delivery please contact us immediately and we will rectify the problems as soon as possible. All damages must be reported within 48 hours of discovery and you will be asked to provide photographs as proof of the damage in order to exchange or refund the item.
Please do not ask our carriers to arrange returns.
The choice of carrier we use remains with us and will be chosen based on the size of your delivery and your delivery address.
SHQ will use reasonable endeavors to provide you with access to any digital content immediately on placement of your order or on the date of availability for pre-orders but SHQ cannot accept any liability to you or others for late provision of access to the digital content.
It is your responsibility for ensuring that you protect your digital content from theft, damage or access by third parties and SHQ will not be liable for any such damage caused to you after the access URL has been delivered to you.
Subject to the other provisions contained in these terms and conditions, SHQ’s liability is limited to delivery of digital content to the first computer on which you download the content and accept the licence and SHQ shall not be deemed to be liable for any transfer or access made via any further computer or other medium, including for any upgrades to your hardware that may affect your access to the digital content.
SHQ shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control including force majeure events.
Refund / Cancellation Policy
If you are a consumer, you have the legal right to cancel your order for physical products within 7 working days starting on the day after you receive the products. You must notify us of your wish to cancel by email within this period. After notification we will issue you a return number to quote on the paperwork when returning the goods.
If you wish to return the goods, please take reasonable care of the items and retain the original packaging.
Please do not return items without prior authorisation.
Goods returned without prior authorisation will be returned back to you and the cost of delivery charged to you.
Please return the goods in the same condition as received. The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered. SHQ must be satisfied that we are able to re-sell the item as brand new. Unless the goods are faulty or not as described, you will be responsible for the cost of returning the goods to us.
When returning items the onus will be on the customer to ensure they are packaged correctly so that they are not damaged in transit. Any returned damaged items will not be fully refunded.
If you have returned a product to us because it is faulty, we will refund the price of the product in full, any applicable delivery charges - provided always that you have returned the product to us as soon as reasonably practicable and you have taken reasonable care of the product while in your possession.
As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in these terms and conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Full refund of the cost of the goods is wholly conditional upon the above conditions being met and the refund authorised only after a full inspection of the goods by our Returns Department to check for completeness and correct product return.
All refunds will be paid back to the card used for payment.
We may, at our discretion arrange to repair or replace a defective or incorrect item free of charge.
We only supply products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes.
We do not in any way exclude or limit our liability for:
(a) Fraud or fraudulent misrepresentation;
(b) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(c) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description satisfactory quality, fitness for purposes); and
(d) Defective products under the Consumer Protection Act 1987.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
The website may include links from or to other third party websites. You use any other third party websites at Your own risk. SHQ is not responsible or liable for any functions, legalities, accuracies or any other aspects of such websites, and the inclusion of any link to a third party website does not imply endorsements of any sort by SHQ. Accordingly, SHQ is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with such third party websites.
Warranty Disclaimer and Limitation of Liability- To the full extent permissible by applicable law, The Website and Content is provided "As Is" and "As Available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, or that The Website will be uninterrupted or error-free. Your use of The website is solely at Your own risk.
To the full extent permissible by applicable law, SHQ is not responsible for any users' actions or User Submissions. In no event shall SHQ, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the The Website or any other subject matter of these Terms (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, consequential damages of any kind whatsoever, or substitute goods or services, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) for any direct damages or (iv) for any matter beyond its reasonable control.
Indemnification – You shall indemnify and hold harmless SHQ, its affiliates and their employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, expenses, and reasonable attorneys' fees, that arise from or relate to Your (i) Usage, (ii) violation of third party intellectual property or other rights, (iii) violation of applicable laws, rules or regulations, (iv) Your use of the The Website. SHQ shall have the option to assume the exclusive defense and control of any action to which it is a party and You shall assist SHQ in asserting any available defenses.
Every effort is made to ensure the complete accuracy of our website, however some prices/details container on the website may change from time to time and it is possible errors will occur. We will use our best endeavors to rectify any errors as swiftly as possible, but we cannot be responsible for any losses incurred.
Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.
As a registered data controller we process your personal data in accordance with the Data Protection Act 1998.
Registration with The Website
Some of the features of the The website will require You to register with SHQ and choose a contact email address select an appropriate password and screen name. We may refuse to register and may cancel a registration at any time. You are solely responsible for maintaining the confidentiality of Your account and password, and you agree to accept responsibility for all activities that occur under Your account or password. You must immediately notify SHQ of any security breach (e.g., unauthorised use of Your account). You should keep your password safe and not disclose it to anyone.
When registering, you will also be signing up to receive news and offers from SHQ and subsidiary companies in the form of e-mail and mobile marketing. There are options to unsubscribe to this service at any time from within said e-mail or mobile message.
You may terminate Your account registration by e-mailing us with a request to do so, on the proviso that You have not purchased a product or package through the website that extends beyond the date of such termination.
Eligibility to Use The Website
SHQ does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If You are under 13, please do not attempt to register for The website or send any information about Yourself to SHQ. If we believe or determine that You are under 13, we will terminate Your right to access any part of The website that require registration.
If you wish to order goods, and this includes content which may only be purchased by persons of a certain age, you may be asked when placing your order to declare that you are of the appropriate legal age to receive the goods. If we discover that you are not legally entitled to order certain goods, we reserve the right to terminate all account facilities immediately, without notice, and we will not be obliged to complete the order.
In using The Website, you agree not to:-Take any action or use, submit or distribute any text, media, materials, or other content (together, "Content") on or through The Website that infringes any third-party intellectual property or other right; is unlawful, threatening, harassing, defamatory, obscene or offensive; constitutes unauthorised or unsolicited advertising, crawling, spidering, or spamming; or interferes with or manipulates The Website or SHQ's billing process, security, infrastructure, access restrictions, price or offering. -Decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of The Website. -Modify, translate, or otherwise create derivative works of any part of the Website. -Use or otherwise transfer any of the rights that You receive for the benefit of a third party. -Violate any applicable laws and regulations or these Terms.
Your Rights to use Copyright Music
a. When you purchase digital content, you must comply with all applicable national and international laws governing the use of copyright material.
b. Without prejudice to any Licence sent to you under these terms and conditions, you acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material subsisting in the digital content, its design, structure, graphics, music and audio content and all and source codes connected with and comprised in the digital content (the "Content") shall remain at all times vested in their licensors. You are permitted to use the Content only as expressly authorised by The licensor and under any Licence. You acknowledge and agree that the Content is made available for your personal non-commercial use only.
c. Except as expressly set out above, without limitation, you may not do - or allow third parties to do - any of the following without prior written permission from The licensor: broadcast, communicate to the public, transmit, modify, adapt, create derivative works of or in any way commercially exploit any of the Content; remove the copyright, trade mark notice or other rights management or identifier information from any copies of the Content made under these terms and conditions; deep link to or frame any of the Content; interfere with, or in any other way circumvent any copy protection mechanism utilised in providing the Content to you or otherwise associated with the Content.
d. The sound recordings embodied in the Content you select for purchase are encoded with technology that restricts your use of that Content. These restrictions are notified to you prior to submission of your order. These restrictions include (i) where you are allowed to burn (e.g. to make a permanent copy of Content), not to burn more than three (3) copies of Content for your individual, personal use, and (ii) where you are allowed to export (e.g. to transfer or copy over Content to another device), not to export copies of Content to more than three (3) portable recipient devices for your individual, personal use and not to thereafter transfer, copy or export Content to another PC, device or other media of any kind. Any burn, export or other capability provided to you shall not constitute a grant or waiver of any rights of the copyright owners of Content. Any use of the Content that contravenes the above is a violation of copyright under applicable laws and is prohibited.
e. Your use of any musical works comprised in the Content is subject to further restrictions proposed by the Performing Rights Society For Music.
Mechanical Copyright Protection Society
f. You warrant that you will use the Content only in accordance with these terms and conditions (including any associated Licence) and only for lawful purposes and in a lawful manner, you have a valid card billing address and will be accessing the Content available for that country or region and all information which you provide to SHQ is true, accurate, current and complete in all respects and that you will notify SHQ immediately of any changes to such information.
We control and operate the web site from our offices within England. Accordingly the laws of England and Wales govern these terms and conditions and any claims relating to, including the use of, this website and the materials contained therein. If you choose to access our web site from outside England and Wales you do so on your own initiative and you hereby agree that in the event of a dispute between ourselves and you the laws of England and Wales will apply at all times.
These terms and conditions, together with the current Website prices, delivery details and SHQ contact details, set out the whole of our agreement relating to the supply of the goods to you by SHQ. These terms and conditions cannot be varied except in writing signed by a director of SHQ. In particular nothing said by any sales person on behalf of SHQ or their affiliates, representatives, or any other person or company, should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by SHQ. SHQ shall have no liability for any such representation being untrue or misleading.