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TERMS AND CONDITIONS

These terms and conditions ("Terms") are to make the www.noisemonster.com website a safe place to trade and set out the full extent of any agreement reached between you and Noise Monster Productions Ltd in connection with the noisemonster.com website ("the Site"). You should understand that by placing an order, you accept the following terms and conditions:

General

1. The owner of this web site is Noise Monster Productions Ltd whose address is Noise Monster Productions, PO Box 2109, Horwich, Bolton, BL6 7WU, UK. ("Noise Monster Productions"/"We"/"our"). Registration number 5080944.
2. Your contract for purchases made through the Site is with Noise Monster Productions, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
4. You agree that e-mail can be used as a long-distance means of communication.
5. No contract for the sale of any product will subsist between you and Noise Monster Productions unless and until Noise Monster Productions accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Noise Monster Productions sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Noise Monster Productions of your offer to buy goods from Noise Monster Productions or a third party supplier that is engaged on your behalf by Noise Monster Productions.
6. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
7. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 41 below from time to time.
8. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
9. Noise Monster Productions will not pass on your personal or credit or debit card details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
10. You undertake that all details you provide to Noise Monster Productions for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
11. If there are any changes to the details supplied by you it is your responsibility to inform Noise Monster Productions as soon as possible.
12. All purchases are non-exchangeable, non-refundable and non-transferable.
13. You may cancel your order at any time prior to your order being processed by sending an email to sales@noisemonster.com or by post or by telephoning the customer services phoneline during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:
    1. sending the notice of cancellation by email to sales@noisemonster.com ensuring that you quote your name, address and order reference number; or
2. where you have already received the goods, returning the goods to Noise Monster Productions unopened together with the original invoice. Noise Monster Productions will refund you the purchase price of the goods. Where appropriate Noise Monster Productions shall refund any additional customs duties borne by you on receipt of the relevant customs receipt.
14. Once Noise Monster Productions receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Noise Monster Productions from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Noise Monster Productions in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Noise Monster Productions.
15. Noise Monster Productions reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Noise Monster Productions also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.

Liability

16. This section applies only to the extent permitted by law. For the avoidance of doubt, Noise Monster Productions do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Noise Monster Productions's negligence or wilful default, or that of Noise Monster Productions's employees, agents or subcontractors or (b) fraudulent misrepresentation.
17. Noise Monster Productions does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
18. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
19. Noise Monster Productions will do its best to correct errors and omissions as quickly as practicable after being notified of them.
20. TO THE FULLEST EXTENT PERMITTED BY LAW, NOISE MONSTER PRODUCTIONS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NOISE MONSTER PRODUCTIONS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
21. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Noise Monster Productions shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Noise Monster Productions of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
22. You and Noise Monster Productions will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
23. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Noise Monster Productions do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Noise Monster Productions.

Processing of Orders

24. Credit and Debit cards are debited on the same day, or shortly thereafter, that the order is submitted to Noise Monster Productions regardless of weather the ordered item or items are in stock. All prices include postage and packing and sales taxes (where applicable) unless otherwise stated, .
25. Every purchase you make shall be deemed performed in England. English law shall govern every aspect of contractual agreement concerning purchases made from the Site.
26. Noise Monster Productions aims to arrange shipment of all in stock items within one week of receiving your order. If your order is made in advance of the release date of a product as indicated on this Site, shipment of the order will be arranged within one week of the item being received in stock. Release dates of stock published on this Site are approximate and Noise Monster Productions reserves the right to revise such release dates. Any revisions will be published on this Site.
27. Our standard Returns and Refunds Policy applies to all purchases from Noise Monster Productions.

Delivery/Title/Risk

28. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
29. Title to any product ordered will pass to you once Noise Monster Productions has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
30. If your delivery address is outside of the United Kingdom, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Noise Monster Productions advises each customer to contact their local customs office for further information.
31. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
32. For Christmas Deliveries, we recommend that you order by the 11th December. We will endeavour to dispatch all 'In stock' orders within one week, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

Miscellaneous

33. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
34. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
35. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
36. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
37. In these Terms, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
38. Subject to the licence granted to you to use the Site, Noise Monster Productions reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Noise Monster Productions and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in Noise Monster Productions and its affiliates, as appropriate.
39. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
40. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:-
    (i) you fail to make any payment to us when due;
    (ii) you breach the terms of this Agreement (repeatedly or otherwise);
    (iii) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
    (iv) we suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
41. Noise Monster Productions may amend these Terms from time to time, and place the new version on the Site. When Noise Monster Productions do so, it will mention the fact on our news page (www.noisemonster.com/news). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Noise Monster Productions' posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
42. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Noise Monster Productions and you relating to your purchase. Noise Monster Productions advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Noise Monster Productions. We will store a copy of the contract entered into by you with Noise Monster Productions. You are advised to read (and are responsible for reading) fully all information on this website.
43. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
44. These Terms are exclusively governed by and construed in accordance with the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute, save that we have the right at our sole discretion to commence and pursue proceedings in alternative jurisdictions.