Please read our Terms and Conditions of Use and Sale, to proceed implies your agreement to and acceptance of these terms
1. About these Terms and Conditions.
In these terms and conditions 'we' and 'us' mean INDIVIDUAL ENTERTAINMENT and 'you' means the person placing the relevant Order. In these terms and conditions words spelt with initial capital letters are defined terms. These terms and conditions together with your Order constitute the contract between us and you for the supply of Products. No other terms and conditions shall apply. The contract can not be varied unless we agree to vary it in writing.
2. Placing Your Order
2.1 To place an Order you must be (and by placing an Order you warrant to us that you are) 16 years of age or over.
2.2 You may place an Order by:
2.2.1 clicking the 'Add to Cart' button on the Buddy Merchandise Store to be found at www.buddyhollyandthecricketers.com and completing your order in the following Paypal window by clicking the 'Pay' button;
2.3 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions and on no other terms or conditions. We may or may not accept your offer at our discretion.
2.4 Information contained on the Buddy Merchandise Store constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products. A binding contract between us and you arises upon our acceptance of your Order by issue of an Invoice.
3. Supply of Your Products
Subject to these terms and conditions, we will, following our acceptance of your Order, supply you the Products indicated on your Order Form.
4.1 The price for the products (inc. VAT and postage costs) will be the price indicated in your Paypal shopping cart.
4.2 We reserve the right to change prices without prior notice.
5. Paying for your Products
5.1 You may pay for your products by the methods of payment as displayed on the payment section of the Buddy Merchandise Store.
5.2 You must pay in pounds sterling.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when you place your Order.
5.4 If you are paying by cheque, your Products will be shipped after your payment is cleared.
5.5 For all orders from outside the United Kingdom, the Channel Islands or the Isle of Man payment is only accepted by credit card via the Buddy Merchandise Store.
5.6 You are liable for importation duties and or local sales taxes, where applicable, for deliveries outside the United Kingdom, the Channel Islands or the Isle of Man.
6. Delivery of Your Products
6.1 Unless otherwise agreed by us, we will deliver your Products to the billing address as indicated on your Order.
6.2 We will use our reasonable endeavours to deliver your Products to you within 28 days of receipt of your Order.
7. Your Right to Return the Products
7.1 If you are not satisfied with any Product you have purchased from us, you may return the Product to us and obtain a refund of the price of the Product, excluding original delivery costs, if you contact us within 10 days of delivery of the Product to you. We will not be liable for postage or any other delivery costs incurred by you in returning Products to us. This does not affect your statutory rights.
8.1 You accept that the entire content of the Buddy Merchandise Store is protected by copyright and that INDIVIDUAL ENTERTAINMENT is either the proprietor or licensee of all copyright in the material contained thereon. INDIVIDUAL ENTERTAINMENT reserves all its rights as COPYRIGHT PROPRIETOR of the Buddy Merchandise Store and prohibits without limitation downloading, distribution, exhibition, copying, adaptation, reposting, modification of and dealing in any copyright material contained therein save as expressly provided herein without the express written authorisation of INDIVIDUAL ENTERTAINMENT.
8.2 You are advised that any and all images of people and/or places and/or events are lawfully used by INDIVIDUAL ENTERTAINMENT and that any misuse of these images by you is prohibited. You are further reminded that any such misuses of images may be a violation of copyright law, trade mark law, rights of privacy, publicity and personality, laws of defamation and/or obscenity, communications regulations and other legal provisions.
9. Our Liability Limitations on and exclusions of our liability to you contained in the terms and conditions shall only apply to the extent permitted by English law.
10. Force Majeure.
We will not be liable for any loss or damage suffered or incurred by you arising from any delay or failure by us to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.
11. Governing Law and Jurisdiction
11.1 The Contract shall be governed by and construed in accordance with English law.
11.2 Both we and you submit to the exclusive jurisdiction of the English courts.
12. Defined Terms
“Condition” means a condition contained in these terms and conditions. “Contract” means these terms and conditions with your order. “Consumer” means a customer who purchases Products otherwise than in the course of a business. “Buddy Merchandise Store” means a sub-section of our Web Site found at www.buddyhollyandthecricketers.com. “Order” means an order placed by you in accordance with these terms and conditions. “Product” means any product listed in the Buddy Merchandise Store which we agree to supply to you on these terms and conditions.
13 Data Protection Information
Any information which you supply, which you have previously supplied or which we may hold about you in the future may be held on our database which will allow us to reflect all the connections that you have with us and support our service to you. The information may also be used for the prevention of fraud and for statistical and research purposes. We will not sell or license your information to any third party. In addition, we may use the information to keep you informed of other INDIVIDUAL ENTERTAINMENT products and services.