1. Definitions

‘Conditions’ means these standard terms and conditions of sale includes any special terms and conditions agreed in writing between us
‘Contract’ means any contract between us for the purchase and sale of the Goods and the provision of the Services to which these Conditions apply
‘Goods’ means the third party replacement mobile phone cover or mouse cover sourced by us (including parts), which we supply to you, with the Applied Design, the ringtone, wallpaper, other mobile Content or accessory, which we supply to you
'Electronic Goods' means Goods which exist solely as a computer file and which can be transmitted via electronic means for example via the Internet.
‘Services’ means the processing service we are to provide in accordance with these Conditions to produce the Applied Design or to deliver the Electronic Goods
‘Handset’ means the mobile phone or other device on which you wish to use the Goods
‘Writing’ includes fax, e-mail, publication on our website, text message and comparable means of communication
‘your Music’ means any music file or recording supplied by you including but not limited to MIDI, .MP3, .WAV files
'your Image' means any image or design supplied by you
'Applied Design' means the design of the replacement mobile phone cover or mouse cover to which we have applied Our Image or your Image
'Content' means an electronic file containing any musical composition, recording or image data

2. About the Contract

2.1. We (Musinter Limited) shall sell the Goods and supply the Services and you (the customer) shall buy them from us in accordance with you order which is accepted by us and subject to these Conditions, which shall take precedence over and exclude any other terms and conditions.

2.2. No variation to these Conditions shall be effective unless agreed in Writing between us.

2.3. Likewise, those who work for us are only authorised to make representations concerning the Goods or Services in Writing.

2.4. We may correct any errors or omission in any part of our website or printed documentation we issue to you without responsibility to you.

3. Your Order

3.1. Your order is only accepted by us once we have confirmed that in Writing. We may not accept your order if incomplete or inaccurate details are given, if your credit card company refuses to authorise payment, or if we suspect third party rights would be infringed if we did.

3.2. You shall be responsible to us for ensuring the accuracy of your order, ensuring the compatibility of your Handset with our Service, for making available your Music or your Image (if you want to include it as part of the Content) and giving us any other necessary information in enough time to enable us to comply with these Conditions.

3.3. The quantity, quality and description of and any specification for the Goods and Services shall be those set out in your order which we have accepted.

3.4. If you wish to submit your Image or your Music to us for us to create the Content, you must either own the intellectual property rights in your Image or your Music, or if you do not own it, you must be authorised by the owner (and be able to prove that) to supply it to us so that we can create the Applied Design for you. You will be responsible for all loss, damages, costs and expenses awarded against or incurred by us which arise because you are not the owner, or did not have the owner’s permission to use your Image in this way.
The purchaser is not allowed to use recordings, pictures, text, designs or other material with unlawful material, in particular of a pornographic, unethical, racist, extremist and political nature or relating to drugs or alcohol. Musinter Limited reserves the right, to its own standards, to not proceed with the imaging of material, or of unlawful material, in particular of a pornographic, unethical, racist, extremist and political nature or relating to drugs or alcohol. In case of such an infringement Musinter Limited reserves the right to pass on data of the purchaser to relevant authorities who may instigate proceedings against you if they deem it necessary.

3.5. We shall be entitled to determine in our absolute discretion when the colour balance or registration of an image (meaning its position on any object onto which it has been applied) is correct for the purpose of the Content.

3.6. We reserve the right to make any changes in the specification of the Goods or Services to conform with any applicable legal or regulatory requirements or, where the Goods or Services are to be supplied to our specification, which do not materially affect their quality or performance.

3.7. You may only cancel an order that we have accepted in the circumstances set out in Condition 7 below.

4. Payment

You may pay us by any of the means made available at our web or wap sites on the Internet.

4.1. The price of the Goods and Services shall be the price stated on our website or, where no price has been stated (or a stated price is no longer valid), the price given to you by us on request. We may alter the prices on our website at any time without giving notice to you.

4.2. We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods or Services. We will only do this to reflect

4.2.1. an increase in the cost to us which is due to factors beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture) or

4.2.2. any change in delivery dates, quantities or specifications for the Goods or Services which is requested by you; or

4.2.3. any delay caused by your instructions or by your failure to give us adequate information or instructions.

4.3. You shall be responsible for paying us

4.3.1. the price for the Goods and Services; and

4.3.2. our shipping charges for transport, packaging and insurance; and

4.3.3. any applicable sales tax

4.4. You shall pay us in full when you submit your order to us. Receipts for payment will be issued only upon request.

4.5. If you fail to make any payment on the due date then, in addition to any other right or remedy available to us, we shall be entitled to:

4.5.1. cancel the Contract or suspend any further deliveries Goods or the performance of any further Services;

4.5.2. take any payment made by against such of the Goods or Services as we may think fit; and

4.5.3. charge you interest (both before and after any court judgment) on the amount unpaid, at the rate of 4 per cent per annum above the Bank of England's base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

5. Your responsibilities

5.1. You will only become the owner of the Goods once we have received your payment in full in cleared funds. However you will be responsible for Goods once we deliver them to you, or if you wrongfully refuse delivery, your responsibility starts when you make that refusal.

6. Our responsibilities

We guarantee your satisfaction. All of our products come with a 30 day no quibble guarantee. If you are not satisfied with your order please send it back with a copy of your delivery note and we will refund your money (less postage and packing) using the original payment method.

6.1. We give you a warranty that the Goods will, at the time of delivery, correspond with their specification and will be free from defects in material and workmanship. However:

6.1.1. We shall not be responsible for any defect in the Goods arising from your Image or your specification or other instructions;

6.1.2. We shall not be responsible if you have not paid the full price by the due date for payment;

6.1.3. The warranty does not extend to parts, materials or equipment not manufactured by us, in respect of which you shall only be entitled to the benefit of any warranty or guarantee as the manufacturer gives to us.

6.2. You may make a claim based on any defect in the quality or condition of the Goods or their failure to correspond with the specification. You must make this claim within 30 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. Otherwise, you shall not be entitled to reject the Goods and we shall not be responsible for the defect or failure. If you do make a valid claim, we shall be entitled to replace the Goods (or the part in question) free of charge or, at our discretion, refund to you the price of the Goods (or a proportionate part of the price), but we are not responsible to you in any other way.

6.3. We shall be responsible for death or personal injury caused by our negligence, and for any fraudulent misrepresentation we make to you.

6.4. We shall not be responsible for your loss of profits, business or income whether that loss:

6.4.1. arises naturally from any breach of the Contract by us; or

6.4.2. was reasonably anticipated or contemplated by both of us when we entered into this Contract.

6.5. Except as set out in 6.3 and 6.4, our entire liability under or in connection with the Contract shall not exceed the total price you have paid to us for the Goods.

6.6. We shall not be responsible to you for delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control including strikes, lockouts or other industrial actions or trade disputes (whether involving those who work for us or for a third party).

7. Goods: delivery, unavailability and cancellation

7.1. You agree that we shall deliver the Goods to you within 30 days of our notification to you that we have accepted your order. We shall deliver the Goods to you at the shipping address you provide when you place your order.

7.2. If the Goods and Services ordered by you are unavailable, we shall not provide substitute goods or services but shall inform you of the unavailability and cancel your order. You may then wish to submit a further order for alternative goods and services

7.3. In certain circumstances, you may have the right to withdraw from the Contract without penalty and without the need to give us any reason.

7.3.1. This right to withdraw from the Contract starts on the day on which the Contract is concluded and ends on the expiry of a period of 7 working days (Monday to Friday inclusive) from the day after the day you receive the Goods.

7.3.2. You will not have a right to withdraw if:

7.3.2.1. in relation to the Services, performance of the Contract has begun with your agreement before the end of the 7 working day period; or

7.3.2.2. to any Goods made to your specification or personalised at your request, including an Applied Design incorporating your Image.

7.3.3. You may exercise your right to withdraw from the Contract by letter (hand delivered or sent by post) or by sending us a fax or email, but not by telephone.

7.3.4. We will reimburse you the purchase price you paid for the Goods or Services, free of charge and within 30 days of your notification of withdrawal, although we do reserve the right to charge you for the cost of returning any Goods (which We shall deduct from the purchase price).

8. General

8.1. We may update or change these Conditions from time to time. You should therefore take the opportunity to check through them every time you place an order with us through our website.

8.2. We may perform any of our obligations or exercise any of our rights ourselves or through any other member of our group of companies.

8.3. Any notice required or permitted to be given under these Conditions shall be in Writing, in our case addressed to us at the address on our website and to you at billing address on your order form.

8.4. If we choose to ignore a breach by you of these Conditions on one occasion, we may still take issue with you if you breach of the same or any other Condition after that.

8.5. If a court decides that any of these Conditions is legally unacceptable or ineffective in whole or in part, that shall not affect the other Conditions or part Conditions.

8.6. Except for other companies within our group, a person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to the benefit any of these Conditions.

8.7. The laws of England shall govern the Contract, and you agree to submit to the non-exclusive jurisdiction of the English courts.