Shipping and Return Policy
Terms & Conditions of Use: edition of 4 December 2011
Divine Art Limited ("us", "we") makes data available and provides goods and services via its website both to registered account holders and other users of the Divine Art website ("the user"). By using the website or by making a purchase on the website the user agrees to be bound by the following terms and conditions in their entirety. These terms and conditions may be amended by us from time to time asindicated by the edition date shown at the head of this document. It is the user's responsibility to check the terms and conditions as use of the site will indicate the user's acceptance of the terms and conditions as published including any changes that may have been effected since the user's previous visit to the site. Any dispute arising out of the use of this website or of the services provided via the website shall be adjudged in accordance with English Law and the High Court of Justice in England shall be the sole court of jurisdiction.
1 Intellectual Property
1.1 The Divine Art website and the devices which service it host and broadcast data in various forms so as to allow sound recordings, music, words, pictures, photographs, artwork, and logos ("the content") to be displayed and made available on or via the website. The content and databases, and variously the design thereof, hosted on the website are owned by or licensed to Divine Art Ltd and are protected by copyright and other rights categorized as intellectual property laws. Except as expressly provided by these terms and conditions, the user is not permitted to download, copy, reproduce, alter, re-record, perform, publish, broadcast, share, upload or in any other manner disseminate or otherwise transmit, any of the content whether for pecuniary advantage or otherwise.
1.2 Unauthorized use of the content whether in the manner set out in the preceding sub-paragraph or otherwise may render the user subject to civil or criminal proceedings and thereby financial penalty for copyright infringement.
2 Disclaimers & Limitations
2.1 We do not make, and hereby disclaim insofar as is permitted by law, any representation or warranty as to the the accuracy, suitability for a given purpose be it express or implied, or continued availablility of the services, products or information from time to time made available on this site whether in relation to the technical or factual qualities of the information, the possibility of infringements of third pary rights, or any other particular. We make no representation or warranty as to the ability to use the site without interruption of service or without exposure to data or code that might prove injurious to the computer, software or data owned or controlled by the user.
2.2 Unless expressly set out in these terms and conditions, neither Divine Art Ltd, nor any of its directors, employees or other representatives shall be liable for any loss or damage of any kind howsoever arising from use of this website.
2.3 The content on this website is made available subject to the laws and regulations in force in the United Kingdom as informed by the trading conventions and agreements of the European Union and we make no representation that in relation to other jurisdictions the content is free from restrictions whether in relation to the importation of goods, the prohibition on use of certain classes of intellectual property or otherwise; consequently any use of the website from outside the jurisdiction is entirely at the user's own risk and subject to the user ensuring that the use is lawful and compliant with all relevant legislation within their jurisdiction.
2.4 We have no control over websites to which the user may link from the Divine Art website and we cannot be held responsible for and disclaim all liability in relation to content that is held on such sites.
2.5 The limitations set out in the preceding paragraphs shall operate to the maximum extent permitted by law and consequently do not seek to limit such rights and liabilities that by operation of statute or other law are not capable of exlusion or limitation.
3 On-Line Account
3.1 Creation and Eligibility
3.1.1 Accounts may be set up and held by a private individual only and not by commercial organisations or any individual operating in the course of a business;
3.1.2 All account holders must be 18 years of age or more, and by creating a user account the user warrants that he has reached the age of majority and is competent to form a legally binding agreement.
3.1.3 The creation of an account is optional,and purchases of any kind may be made without one. From time to time offers and facilities may be made available only to holders of a valid account.
3.2 On-Line Account usage and responsibilities:
3.2.1 you will be required to provide full and accurate details in order to activate your account;
3.2.2 you are responsible for keeping these details up to date so as to ensure we are able to communicate with you timeously and deliver product without undue delay;
3.2.3 in order to purchase physical or digital content from the site you will be required to create a password. This must be kept strictly confidential and not disclosed to any other person. If you suspect there is any breach in this confidentiality you must inform us immediately. If we suspect that there is any breach in this confidentialilty we may at our discretion require you to select a new password and temporarily suspend your account until such time as we are satisfied that the security of the account has been restored;
3.2.4 once a user account has been set up, and for so long as the use thereof continues to be, in accordance with the terms and conditions of this agreement we will be able to provide goods in the form of physical product and to grant non-exclusive sub-licences to the user so as to allow downloads of content to take place;
3.2.5 where content is made available to the user in the form of a download, notwithstanding the use of the word "purchase" or "buy" at any stage within the process, any transaction between us will take the form of a grant of a non-exclusive, revocable and non-assignable licence to download and thereby have access to the content specified in the order. The licence does not convey ownership or any property right or interest in the content but permission to download and use the content. This permission extends to the user only and is for the user's non-commercial use only.
4 Purchases via On-Line Account
4.1 Orders placed to purchase physical product via the website will be accepted and a contract for its delivery formed between you and us where:
4.1.1 you have selected a physical product which is available for delivery; and
4.1.2 you have entered payment details which have been verified by our third party online secure banking company, Worldpay Limited; and
4.1.3 we have acknowledged, by delivery of an e-mail to you, that your order has been successfully received and accepted by us.
Delivery will then occur as per the delivery terms and conditions (see paragraph 5).
4.2 Orders placed in relation to the download of content from the Divine Art store (for example books, scores) will be accepted and a contract formed between you and us for it to be made available to download where:
(i) you have selected content in the format appropriate to your needs and equipment;
(ii) you have entered payment details which have been verified by our third party online secure banking company, WorldPay Limited, or previously purchased credit.
(iii) we have acknowledged, by delivery of an e-mail to you, that your order has been successfully received and accepted by us.
(iv) the terms of this clause 4.2 apply equally to download orders placed through the Divine Art Digital Store except that payments are processed not by WorldPay but by IODA, Inc. of San Francisco, Ca., USA
4.3 the prices displayed on this website are inclusive of VAT where applicable but not delivery costs, which will be displayed and included in your invoice total when you process your order to the Checkout.
5.1 Successful orders for non-downloadable items will be despatched by first class mail (Air Mail for countries outside the UK) as soon as possible: this is generally within 2 working days unless your order includes an out-of-stock or 'pre-release' item in which case the items will be despatched as soon as available. We are not able to track these packages nor guarantee the speed of postal services or their susceptibility to industrial action. Very large orders will be shipped using a specialist courier such as UPS and these can be tracked. We will use reasonable endeavours to keep you informed of any delivery delay.
5.2 Successful orders for download content from the main Divine Art site will result in the content being made available for download by sending you a download key by email, or for small files by emailing the item as an attachment. Because we handle these items manually, the delivery of the file or key wil be made as quickly as possible and usually within one working day. Download orders made through the Divine Art Digital Store are handled using the iTunes order system and can usually be downloaded almost immediately.
6 Returns, Cancellation & Complaints
6.1 If you wish to cancel an order for a physical product (CD) you have the right to do so providing you contact us within 14 days of receipt of the item and providing that the shrink-wrap or cellophane layer enclosing the item has not been damaged or otherwise unsealed. A refund will be made but only of the price paid by you for the item in question and not for the price of returning the item itself. To return an item, please enclose a note giving the reason for the return along with your invoice or Sales Receipt. Package securely and send it to the address below.
6.2 Defective or Faulty CDs or Booklets We will replace items if they are found to be defective or faulty. If you think a compact disc is faulty, we recommend that you try the disc on another CD player before you return it. Most 'faults' are in fact caused by allowing discs to become scrtached or dirty, failure to regularly clean the player laser, or use of old players incapable of playing today;s much longer-duration CDs. To return a defective or faulty CD, please provide a full description of the fault and your invoice or Sales Receipt giving details of the track number and time where the fault occurs and entire set including all paper parts and the case. Package the faulty CD securely and send it to the address below. All defective or faulty discs will be checked for a defect before a replacement is sent. If the disc is found to be in good order a replacement will only be sent upon payment of the requisite extra postage and packing costs.
6.3 Download Content:
6.3.1 we regret that once content has been made available for download and the process of downloading that content has begun we are unable to accept a cancellation or effect a refund in relation to orders made in error;
6.3.2 in the unlikely event that the user encounters problems with content they have downloaded (for example a pdf file will not open) they should contact us at [email protected] and we will use our utmost efforts to correct the situation;
6.3.3 we cannot be held responsible for any difficulties that the user might encounter with content they have downloaded that relate to compatability with the user's software and/or hardware. The user is resonsible for ensuring that he/she has the appropriate hardware and software to open and correctly use the downloaded file.
6.4 Return Items Address & Complaints:
Please return items to Divine Art Ltd Shipping office, 2 Lady Hamilton Drive, Swarland, Morpeth, Northumberland NE65 9HH, UK. Any complaints can be sent to the same address or by e-mail to [email protected]
6.5 The returns and cancellation policy outlined in this paragraph does not in any way affect your statutory rights.