Terms and Condition of Sale

1.  Definitions
1.1 The "Buyer" means the person who buys or agrees to buy Goods from the Seller.1.2 The “Seller” means Arpege Music.
1.3 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

2.  Conditions
2.1 These "Terms and Conditions" do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.3 If any amendments to this terms and conditions are requested, agreement to them must be confirmed in writing failing which they shall not apply.

2.4 Placement of order by the Buyer shall be deemed conclusive evidence of the Buyers acceptance of these Conditions in full.
2.5 The licenses for software are not transferable to a third party, and are for the sole use of the Buyer who may install the software on a maximum or three computers that must be owned by the Buyer.
2.6 The software may not be lent, given, offered for hire to any person or company by the Buyer.


3.  Prices and Sales
3.1 The Price shall be that on the Seller’s current list price as displayed on its web site, or if different, the price contained in the Seller’s Quotation

3.2 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.

3.3 All Prices are exclusive of VAT, and charges for packing, postage and Carriage (plus VAT) shall be paid in addition.

3.4 The total purchase price, including VAT and any packing and postage or delivery charges will be displayed on the order form.

3.5 All orders must be paid in full prior to despatch, unless credit arrangements have been made and agreed in writing.

3.6 If credit has been agreed, payment is due in full according to the agreed terms, which shall not be more than 30 days from the date of invoice.   Any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer.
3.7 If credit has been agreed, all goods remain the property of the Seller until paid for in full.  The Seller may demand the immediate return of all goods unless all invoices have been paid.
3.8  In all cases, all goods paid for are sold and non-returnable.
3.9  If credit has been agreed and If the Buyer’s solvency is a cause for concern, all monies under any transaction covered by these Conditions shall become immediately due and payable.


4.  Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 4% above LloydsTSB PLC base lending rate for the time being in force per calendar month.

5. Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.  Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

5.2 While every effort is made to ensure that the product specifications on literature, sales descriptions and websites are accurate, Pizzicato Music Limited may occasionally change functionality, specification, components and/or manufacturing techniques without notice.   
Incorrect deliveries, defects and returns:  All claims must be notified in writing to the Seller within 7 days of goods arriving at the Buyer.  

6.  Products, Substitutions, Delivery and Cancellation
6.1 Products held in stock in the UK will normally be despatched within14 days of order.   If this is not possible, the Seller will notify the Buyer.   The Seller may offer the Buyer a substitute if the required products become unavailable in reasonable time, but only after written agreement from the Buyer.  In this case, the Seller and Buyer will agree an ad-hoc price.

6.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or receive a full refund.

6.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.   If, after reasonable attempts have been made by the carrier to deliver the goods, the goods have not been delivered; and the goods are then either stored by the carrier or returned to the Seller, then the Buyer is liable for all additional storage and carriage costs.

7.  Delivery acceptance and notification
7.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing within 5 days of delivery if the Goods are damaged or do not comply with any of the Contract.   If the Buyer fails to do this he is deemed to have accepted the Goods.

7.2 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or
b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.

8.  Consumer rights
8.1 If you are contracting as a consumer over a website, you may cancel a Contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out in clause 9  below).

8.2 To cancel a Contract, you must inform us in writing. You must also return the products to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the confirmation.  This provision does not affect your other statutory rights as a consumer.

9.  Our refunds policy
If you return a Product to us:

9.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 8 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
9.2 for any other reason (for instance, because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.3 The Seller will inform the Buyer of a goods return number that must be clearly noted in all correspondence and shown on returned parcels.
9.4 the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the products being inadequately packaged by the Buyer or through the Buyer’s fault.
9.5 Pizzicato Music Limited will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for the purchase.
9.6 In the event of a refund, if the Buyer is a consumer who has not purchased a returnable boxed version of software, but has purchased software as a download, then the Buyer agrees to uninstall the software.

10.  Force Majeure
In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

11.  No Waiver
The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

12.  Liability
Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage or loss, however caused.   In all cases, Pizzicato Music Limited will not be responsible for any damages or loss caused by the incorrect installation or function of Pizzicato Music software.

13. Complaints
If you have any complaints, please contact Pizzicato Music Limited immediately. We aim to resolve all problems within 7 days, but this process may take longer depending on the complaint.  All complaints will be dealt with in a fair and confidential manner.

14. Law and validity
14.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
14.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.