Published 7th July 2009
Welcome to Boosey.com. These terms govern the use of the Boosey & Hawkes website at www.boosey.com, and affiliated sites through which items may be purchased from the Boosey & Hawkes online shop collectively referred to herein as “the Site”.
By (a) accessing, browsing or otherwise using the Site by any means; (b) shopping at Boosey.com; (c) registering your details with us to receive email or other services; or (d) contributing content or entering competitions on the Site you are agreeing to be legally bound by these terms as they may be modified from time to time.
1. About Us
This Site is produced, published and managed by:
Boosey & Hawkes Music Publishers Ltd
In these Terms we are referred to as "B&H".
2. Intellectual property
All content on the Site including without limitation text, graphics, images, audiovisual material, user contributions, trademarks, logos, product details, applications and/or software published or otherwise available on the Site (“the Content”) is the property of B&H or its licensors and is protected by United Kingdom and international copyright laws. All rights are hereby reserved.
Subject to these terms you are granted a limited, temporary, revocable and non-exclusive licence to access and use the Site and the Content for your personal, non-commercial use only. This licence does not include any collection or use of any product listings, descriptions, images or prices; any derivative use of the Site or the Content. You may not download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Site or the Content without the prior written consent of B&H.
4. Your profile
If you register your details on the Site for whatever purpose you agree that we will create a Profile for you. You agree that you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer while you are logged in. You agree to accept responsibility for all activities that occur through your Profile’s username and password.
Information associated with orders placed in the shop is passed to our fulfilment partners solely for the purposes of fulfilling your order. Our fulfilment partners process the payment and deliver the products on our behalf. These partners are:
Music Exchange (Manchester) Ltd,
Cookie information is passed in aggregate to the servers operated by Google Inc solely in order that we can use Google Analytics software to analyse user numbers and patterns. No personal information is associated with the cookie information
No other information is shared with any third party.
5. Material that you submit
When you submit any contribution including without limitation any text, photographs, graphics, video or audio to the Site or otherwise by email or in writing to B&H you agree to grant us permission to use the material free of charge in any media worldwide. You confirm that your contribution is your own original work, is not defamatory and to the best of your knowledge does not infringe any UK laws.
You will continue to own the copyright in your contribution. The permission you grant to B&H is not exclusive, so you can continue to use the material in any way including allowing others to use it.
Publication of any material you submit to B&H will be at our sole discretion and we reserve the right to edit or otherwise amend such materials prior to publication;
If you do not want to grant permission to B&H as set out in these terms, please do not submit or share your contribution to or with us.
6. Pricing of items for sale on the Site
Although the prices displayed reflect the latest information we have received from the suppliers of these products, all prices are subject to change by the publishers. You will be invoiced for the price applying at the date of sale, which may differ from that quoted online or in your confirmation email. All such items are returnable and refundable. This does not affect your statutory rights. You can change the currency in which prices are shown on the shop web. Once you have chosen a currency, this choice will remain the default setting for all prices for the rest of your session on our site. Please note: all converted prices are approximate, and are provided for your convenience of reference only. We update our approximated conversion rates regularly to help keep this approximation as exact as possible. However, the price you will actually be charged depends on the rate at the point of billing (when we despatch your order to you), rather than the estimated converted total at point of order. Boosey.com is not responsible for any such discrepancy between these rates.
7. Other businesses
From time to time parties other than B&H operate stores or sell or advertise products and services on the Site. B&H is not responsible for the goods and services offered by any third party or for the content of their websites. You should examine the terms and conditions and privacy policies of any third party website and you are responsible for deciding to use or trade with any third party website.
8. Limitation of liability and indemnity
B&H does not warrant the accuracy, timeliness, completeness or fitness for purpose of the Site or the Content. We do not endorse or accept responsibility for any opinions or recommendations expressed on the Site or on any website to which we link.
B&H does not give any warranties in respect of the compatibility of the Site or the Content with any browser, software or computer hardware. B&H does not warrant that the Site or the Content is free of virus or other contamination.
All implied warranties or duties are excluded except where the law prevents such exclusion.
Excepting only death or personal injury arising directly from use of the Site and Content and due to the negligence of B&H we shall not be liable for any claims or damages arising from:
- your use of the Site and Content, or
- your inability to use the Site and Content, or
- any actions you take or do not take as a result of using the Site and Content
B&H shall not be liable for any consequential or incidental damages (including without limitation lost profits or failure to fulfil any duty) or for any other indirect or punitive damages that arise from the use of the Site or the Content.
Your exclusive remedy and only recovery for damages incurred by you shall be limited to a refund of the amount you paid (if any) to access the Content or to purchase products or services from the Site during the month in which the damage was first incurred.
9. Applicable law
By using the Site and the Content you agree that these Terms are governed by and construed in accordance with the laws of England. You also agree that the English Courts shall have exclusive jurisdiction over any dispute which may arise in connection with these Terms or your use of the Site or the Content.