Payment

(1) Definitions


In these terms and conditions, ‘we’ and ‘us’ mean: Out of the Ark Limited, Units F1 & F2, Kingsway Business Park, Oldfield Road, Hampton, Middx, TW12 2HD, UK, a company registered in England.



Out of the Ark Limited trades as Out of the Ark Music; Out of the Ark; outoftheark.com; Song Calendar; songcalendar.co.uk; S!ngchronize™ and Singchronize®. 'You’ means the person or organisation that purchases or receives goods, downloads, licences or services from us.

 

(2) General Terms & Conditions of Purchase

  • These terms and conditions apply to all agreements for the sale and or for the supply of goods, downloads, licences or services to you to the exclusion of any other terms and conditions specified by you in your purchase order or any other document. The goods, downloads, licences or services you purchase or otherwise obtain from us from us may also be subject to additional terms and conditions issued by us or displayed on our website. The specific terms and conditions relating to our licences are provided with the licence and on our website.
  • All prices quoted in sales or marketing materials including our website are subject to change and prices quoted in any conversations with our staff are subject to confirmation in writing. Prices are generally quoted inclusive of VAT if applicable, with the breakdown of the VAT element being shown on the invoice.
  • Payment is required when placing the order, except for orders placed by UK Primary Schools and LEA Nursery Schools, where for certain purchases we can issue an invoice payable in full within 14 days of the date of the invoice.
  • We reserve the right to charge interest on any invoices which remain unpaid beyond the due date at the rate of 3% per annum over Barclays Bank PLC base rate from time to time, from the due date until the date of payment in full.
  • Goods will normally be delivered by mail or courier to the address given with the order. Delivery dates, if given, are given in good faith as an indication of the estimated delivery time and are not a contractual obligation to deliver goods or to perform services at the time stated. Delivery times cannot be guaranteed.
  • The ownership of any goods, or the rights imparted by any licence, shall not pass to you until we have received full payment (including VAT where applicable) except where the goods are explicitly supplied free of charge. Risk in any goods passes to you on delivery.
  • You are responsible for the payment of any carriage charges as included on the invoice. For international orders, we are not responsible for any delays, confiscation or import duties imposed by local customs authorities. You must pay for those charges directly to the appropriate authority. If orders are not received, we may have to send your replacement order by secure courier, in which case you will be required to pay the carriage costs.
  • Due to copyright laws we are unable to offer inspection copies.
  • Our failure at any time or for any period to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of our right to enforce such terms and conditions in the future.
  • Each of the above terms and conditions shall be read and construed independently of each other so that if one or more is held to be invalid for any reason whatsoever, then the remaining terms and conditions shall continue to be valid.
  • No amendment to or verification of these terms and conditions shall be effective unless confirmed by one of our authorised representatives in writing.
  • These terms and conditions are governed by English Law and we and you submit to the exclusive jurisdiction of the English courts.

 

(3) Returns Policy

We want you to be delighted every time you purchase from us. Occasionally though, we know you may need to return items. If you want to return items to us for any reason, please contact our Customer Service department in the first instance, who will be able to talk you through our returns policy. For single song downloads and Go Digital Add-ons, please see Section 7.1 & 7.2 of our full Terms & Conditions.

  • Please ensure that you check your goods are correct and in full working order on receipt – do not wait until you are ready to use them.
  • Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase of items within a period of 7 working days, beginning with the day after the day on which the item is delivered. However, we regret that for copyright reasons we cannot accept cancellations of contracts for the purchase of video, DVD, audio, CD ROM and software products where the item is unsealed.
  • If we agree to a return, we will refund the value of the product returned, but will not normally refund the original postage charge, unless the items were faulty, incorrect, or fall within Distance Selling Regulations.
  • Unless we delivered the item to you in error or the item is faulty, you will need to pay the delivery charge for returning the goods to us. Please ensure that they are well packaged in order that they return to us in the condition in which they were received, as we reserve the right to offer only a partial refund on items that are returned damaged or soiled. We recommend that you use a recorded delivery service or obtain a certificate of posting, as we can only give refunds for goods we actually receive. If we do not receive the item back from you, we may arrange for collection of the item from you at your cost.
  • If you receive a product that is damaged or not working, please notify us immediately by email or phone. We will send you a replacement product free of charge, along with a pre-paid returns label to return the damaged product to us so that we can investigate the reasons for the damage or inoperability.
  • If you receive an incorrect product from us as a result of our error, please notify us immediately by email or phone. We will send you the correct product free of further charge.
  • When making a return, please confirm the reason for returning the product in writing, in a letter accompanying the returned item, ensuring that your customer contact details are also enclosed.

 

(4) Payment Options

Payments made at the time of ordering can be made by debit or credit card securely on our website or by telephoning our Customer Service department. Where an invoice or pro-forma invoice has been issued, or you are sending payment with order, we accept payments by:


BACS - Send payment to: Account Number 00044040, Sort Code 20-90-56, using your Customer Code as the reference. For international payments or Single Euro Payments Area transfers: IBAN - GB89 BARC 2090 5600 0440 40; SWIFTBIC - BARCGB22.


Cheques denominated in Pounds Sterling ONLY (or cheques denominated in Euro if accompanied by an order denominated in Euro or in settlement of an invoice denominated in Euro) made payable to 'Out of the Ark Music’ and sent to: Out of the Ark Music, Units F1 & F2 Kingsway Business Park, Oldfield Road, Hampton, Middlesex, TW12 2HD, UK. Please quote your Customer Code on the back of the cheque.



 

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