Terms of Sale
By purchasing digital goods from Just Nature Sounds you agree to be bound by our Conditions of Sale and General Terms.
In this Agreement the following words and expressions shall have the associated meanings:
Just Nature Sounds means www.justnaturesounds.com, 25 Kinnersley Road, Alcester, Warwickshire B49 6FJ, United Kingdom.
Shop means any web-based service operated by Just Nature Sounds for the purposes of marketing and retailing digital goods.
Customer means you — the person purchasing digital goods from Just Nature Sounds.
Author means the person that has the Intellectual Property rights or rights to sell the digital goods via the Shop.
PayPal means the third party online payment provider PayPal www.paypal.com Just Nature Sounds uses to process all payments for digital sales.
Words denoting the singular shall include the plural and vice-versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
These Conditions of Sale govern the sale of digital goods by Just Nature Sounds to the Customer.
1. The Contract
When you purchase digital goods from Just Nature Sounds via our online Shop you are required to click the ‘I Agree’ tick box to complete the order. In doing so you accept the Terms and Conditions of Sale as described here.
The contract for purchase of digital goods is between the Customer and Just Nature Sounds and will only be formed once payment is received in full and Just Nature Sounds makes the digital goods available for download.
Until the digital goods are available for download and payment is received in full no contract exists between the Customer and Just Nature Sounds.
By placing an order with Just Nature Sounds you the Customer agree you are:
- Legally capable of entering into binding contracts.
- At least 18 years old or between 16-18 and have read these Conditions of Sale together with a parent or guardian who has explained these conditions of sale such that you fully understand them.
Just Nature Sounds reserves the right – at our sole discretion – to reject any order received.
2. Cancellation and Refunds
All sales of intangible digital goods are final. Refunds for any digital goods sold by Just Nature Sounds will only be considered for a refund if one or more of the following conditions apply:
- The digital goods purchased were incorrectly described on the Shop.
- The digital goods are proven to be defective.
Refunds will only be issued to the PayPal transaction ID related to the sale of the digital goods.
UK based Customers purchasing digital goods from Just Nature Sounds are bound by the UK Consumer Contracts Regulations. By downloading digital goods from Just Nature Sounds the Customer waives the right to a 14 day cooling off period.
3. Price and Payment
The price of any digital goods is as quoted in the Shop at the time of sale, except in the case of an obvious error. This price will include legally applicable VAT. The Customer agrees to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for digital goods other than the sale price. Payment for all digital goods is processed exclusively by PayPal and will be handled in the currency advertised in the Shop.
Digital goods are delivered to the Customer by one of the following methods:
- Via download link on the Just Nature Sounds website.
- Via download link sent by email to the Customer’s registered email address.
You hereby agree to download digital goods for private, non-commercial use only and not to copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the digital goods to anyone else. Nothing in these Conditions of Sale grants the Customer any rights other than those expressly set out herein. These terms do not grant the Customer any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any digital goods. Any breaches of these terms will be pursued to the full extent of the law.
5. Customer Requirements
In order to access the digital goods the Customer is required to have:
- An internet connection.
- A personal desktop computer or mobile device capable of opening digital goods.
6. Email Communications
In the process of purchasing digital goods from Just Nature Sounds the Customer’s email address will be entered into the Just Nature Sounds general database. The Customer email address is used to issue a ‘Purchase Receipt’ email on successful completion of an order. The Customer will also receive a one time email asking if they wish to opt-in to receiving the Just Nature Sounds Newsletter.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
We will collect the following information when you purchase digital goods from the Shop:
- Your name – used to identify you in Order Receipt emails.
- Your email address – used to communicate with the Customer.
- Your IP address – required for VAT purposes to help establish your country of residence.
- Your country of residence – needed to accurately determine the VAT to apply to your order.
- Your address – required for VAT purposes.
This information is used for processing your order only – to contact you about the status of your order and accurately determine VAT on your purchase.
We also determine your device OS and Browser to better serve website content and enhance your user experience with us. This information cannot be used to identify you.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have in place suitable physical, electronic and administrative procedures to safeguard and secure the information we collect and deliver online.
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