Terms and conditions (“Terms”)
Last updated: (01/07/20)
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.ziggysclub.com website operated by us.
Your access to and use of the the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the www.ziggysclub.com site, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
1. Information about us
The www.ziggysclub.com website is owned and operated by Steve Taylor & Josie Frater ("We"). We are sole traders
We trade under our own names and our entertainment and educational name Ziggy's.
The site is hosted on the Bandzoogle platform ( FYI Bandzoogle terms and conditions here https://bandzoogle.com/terms/terms-of-service )
If you wish to purchase any Merchandise or Tickets or service made available through The Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your Name, Email Address, Home Address and required payment information.You are only allowed to purchase products and services if you are of a legal age to do so.
2a. How the contract is formed between you and us
2b After placing an order, you will receive an e-mail from us acknowledging that we have accepted your order. The contract between us (Contract) will only be formed when we send you this email.
2c The Contract will relate only to the Merchandise or Tickets or Service confirmed by email. We will not be obliged to supply any other Merchandise or Tickets or Service which may have been part of your order until we have provided you with confirmation of such by email.
3 Payment Terms:
All online payments made directly on our Site are either:
(i) processed via PayPal (i2i music business account)
(ii) via Third Party websites including, but not limited to:
Chickenshed Theatre website
By using our site, you agree to www.ziggysclub.com and PayPal's terms and conditions of payment. You are advised to always read any Third Party website terms and conditions.
Examples of other third party websites that may be accessible via our website links includes but is not limited to:
Amazon , Bandcamp.com, Twitter, Facebook, Instagram, Youtube, Spotify
4 Terms of Sale
By placing an order with us, you are (i) offering to purchase Merchandise, tickets, a product or service, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorised user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.
Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
5 Links To Other Web Sites
6 Intellectual property
Nothing contained within the website should be construed as granting any license or the right to use any trademark without the prior written consent of the owner of the website or the licensors of content contained in the website.
Site content and features can only be used for ‘personal and informational’ purposes by the customer. Any kind of reproduction without our permission is strictly prohibited.
7 Disclaimer of liability
The owners or the site www.ziggysclub.com will not be held responsible in the event of any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the customer directly or indirectly as a result of using our website or attending any of our events.
8 Accuracy of information on the Site
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices or products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products or services or event listings or any information included in the site.
The inclusion of any products. tickets or services or event listings on the Site at a particular time does not imply or warrant that these products or services, tickets or event listings will be available at any time. We reserve the right to discontinue any product or service or event listing or ticket sales at any time at our sole discretion.
9 Shipping & delivary terms
Digital content purchased directly via our site is delivered via immediate digital download after receipt of payment. Digital content delivered via Third-Party links that may be contained in our website is subject to Third-Party Terms-of-service. Ziggy's is not responsible for any third-party terms-of-service. All Physical items purchased directly via our website will be shipped within 48hours and delivered via Royal Mail 1st or 2nd class post. It is our aim to make sure your physical goods will arrive within 2 weeks in the UK & within 3 weeks after purchase in the rest of the world.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
11 Risk and title
Merchandise or Tickets will be at your risk from the time of delivery.
Ownership of the Merchandise or Tickets will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12 Our refunds policy
www.ziggysclub.com offers refunds or exchanges of Services, Products, Merchandise and Tickets at its sole discretion. If you wish to apply for a refund or exchange, please contact firstname.lastname@example.org . An administration fee may apply.
13 Consumer rights
If you wish to cancel a Contract with Us for Services, Merchandise or Tickets, please be advised that tickets cannot be refunded, and any ticket returns or exchanges are at Ziggy's Music Service sole discretion. For Merchandise, the appropriate distance selling legislation - including for digital content - will apply.
14 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Ziggy's Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Ziggy's at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 17. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20 Law and jurisdiction
Contracts for the purchase of Services, Products, Merchandise or Tickets through www.ziggysclub.com and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org