Terms & Conditions
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms & Conditions, which together with our Privacy Policy and Cookie Policy govern MBI Sound & Light's relationship with you in relation to this website. If you disagree with any part of these Terms of Use, please do not use our website.
The term MBI, MBI Sound & Light or 'us' or 'we' refers to the owner of the website whose registered office is at 168 Edward Street, Brighton, BN2 0JB. VAT Number: 315 824 857. Our company number is 1417394 and we are registered in England and Wales. The term 'you' refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies. If you do allow cookies to be used please see our Privacy Policy and Cookie Policy.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Changes to this policy
This Policy was last modified on 30th June 2020. We will post any changes to this policy on our website. Those changes will then apply to any future use by you of our website.
1. General Terms & Conditions
1.1 By accessing the Website, you agree to be bound by the terms and conditions appearing in this document (“the Conditions”).
1.2 Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy and you accept our Privacy Policy which is available for viewing here (https://mbisoundandlight.co.uk/privacy-policy/)
1.3 If you wish to register with the Website, you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.
1.4 You will also receive an account upon completing the Website’s registration process. Irrespective of whether you choose to use the “remember me” function that we offer in relation to your password/user ID, you are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
1.5 We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
1.6 We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
1.7 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
1.8 You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
1.9 You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
1.10 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
1.11 We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying mbi Sound and Light or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by mbi Sound and Light as part of or in conjunction with the hyperlink.
1.12 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
1.13 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
1.14 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Please be aware that when you complete a purchase, the purchased track is instantly impregnated with a ‘watermark’. This watermark contains your unique ID and cannot be removed. We constantly monitor the internet and P2P websites for breaches of our and our licensors copyright emanating from tracks originally purchased from the Website. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who’s copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.
1.15 You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions.
1.16 We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
1.17 You must be at least 16 years of age to use the Website. This site may include content that is unsuitable for anyone under the age of 16 and if you are under 16 you may only use the Website with the involvement of a parent or guardian. If you are a parent or guardian of someone under the age of 16 who is using this Website, you agree to these terms and conditions and our privacy policy and that you shall be responsible for the conduct and acts/or omissions of your children in using this Website as if these were your own. By registering to the Website you represent and warrant that you are at least 16 years of age and by making any purchase you represent that you are at least 18 years of age.
1.18 You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk.
1.19 We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.
1.20 We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party’s hypertext link.
1.21 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
1.22 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
1.23 These Conditions and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
1.24 These Conditions will be 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.
2. Physical Products Purchased From The Website (“Products”)
2.1 When placing an order for any Products from the Website, you will state, specifically, which Products you desire to purchase and shall also at the same time confirm to us, at your own risk, your address, telephone number (including STD code), delivery requirements and selected payment method including credit card/debit card details together with such other details that may be requested at that time from you by us. Any orders received by us after 5.00PM GMT/BST shall be deemed to be received the following working day.
2.2 Your contract for purchases through the Website is with Maldwyn Bowden International Sales Ltd T/A mbi Sound and Light, 168 Edward Street Brighton BN2 0JB United Kingdom, You further agree that email can be used as a long-distance means of communication.
2.3 No contract for the sale of any product will subsist between you and us until the items ordered have been received by you. At any time until this point we may cancel the sale for any reason.
2.4 All payments are processed using PayPal and we do not store any card information.
2.5 You undertake that all details you provide to us for the purposes of ordering or purchasing products 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 products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
2.6 All orders are made subject to acceptance by you of these Conditions and fulfilment of any order for Products is subject to stock availability and acceptance by us of your order. We are under no obligation to fulfil any customer order.
2.7 If you have created an account with us you can check the status of your order by visiting My Account
3. Delivery
Availability dates are there as a guide and are subject to change.
We will process your order within 48 hours of stock being available and/or signed. Delivery times are outside of our control, but for UK deliveries, orders are shipped within 2-3 working days (it may take slightly longer during busy periods) by Royal Mail 1st class service.
UK Delivery:
3.1 Within the UK, your purchase will be posted to you either by First Class Tracked 48 hours Royal Mail or 48 hours delivery with Parcel Force. Our charges (including packaging) are as follows:
3.2 Free delivery for orders over £15.00
3.3 These costs are subject to change should costs to us increase.
International Delivery:
3.4 Overseas delivery is also subject to Customs clearance procedures and your local postal service delivery schedule. Airmail delivery can normally be expected within 10-21 working days. However, it may take longer (up to 3 months on rare occasions) due to random Customs checks. We don’t use surface mail for customers abroad.
Collection:
3.5 If you wish to collect your orders from our Brighton Shop rather than have them shipped to you, due to lack of storage, we are happy to hold them for up to 1 month after the order is processed. If the orders aren't collected within a month, we will mail them to you at your own cost.
3.6 If you are ordering goods for delivery outside of the UK, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be paid by you. It is accepted by you that Goldsboro Books has no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order. You will be the importer of record and responsible for any import VAT and duty that needs to be paid. In addition, any charges for import clearance will be paid by you, the customer.
4. Cancellation
4.1 You may cancel your order at any time prior to your order being dispatched by emailing us at hello@mbisoundandlight.co.uk ensuring that you quote your name, address and order reference number or by telephoning +44 (0)1273 607384 between 10am and 6pm GMT/BST, Monday to Saturday.
5. Refund & Returns
Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies
5.1 Damaged or defective goods: in the unlikely event that you receive products which are damaged or defective or become defective within 7 days of receipt, we shall, at our own option, either replace or refund any damaged or defective products (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing within 2 working days of delivery of the products and you return the products in the same condition that you received them.
5.2 Goods that become defective or faulty after 7 days, but before the end of the manufacturer’s warranty period: should a product you purchase become defective or faulty after 7 days from delivery and before the end of the manufacturer’s warranty, we shall, at our own option, either repair or replace the products.
5.3 Goods that become defective after the end of the manufacturer’s warranty period: on a case by case basis, and at our own option, we may accept returns on items which are no longer covered by a manufacturer’s warranty, but may charge (as agreed with you in advance) for postage costs and repair costs.
5.4 We will endeavour to ensure all goods returned for repair are returned to you within 14 days whenever possible.
5.5 Our mistake: If items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge; whichever you prefer. Please note that when you place your order, a label is automatically generated from the address you type into your account details, so you are responsible for getting this right. If you get your address wrong and do not notify us before the order is sent, we cannot refund the postage costs. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us.
5.6 Your mistake: If items are ordered in error (or you change your mind about wanting an item), are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, you will be refunded for the cost of the items when the items are returned to us, but not for the postage and packing. We can re-send the items but you will have to pay the postage and packing charge again.
Questions
For assistance with billing questions or other enquiries please contact us at hello@mbisoundandlight.co.uk or alternatively write to us at the following address: mbi Sound and Light, 168 Edward Street, Brighton. BN2 0JB