Terms & Conditions (last updated 04/17/2017)
these “Terms and Conditions” relate to the supply of products from your-lovesong.com websites (our websites) to customers. Please read these Terms and Conditions carefully before placing an order. By using the your-lovesong.com website or ordering any of our products, customer agrees to be bound by these Terms and Conditions.
Please print a copy of these terms and conditions for future reference.
By clicking the “Buy Now” button, customer has entered into a binding agreement with us and has agreed to accept these Terms and Conditions. No orders can be placed without selecting “Buy Now”.
- About your-lovesong.com
your-lovesong.com is a website operated by A&K Music Corp.
Address: 825 SE 47th Terrace, Cape Coral, FL, 33904-9004, USA
Customer can find further information about us under “About us.”
- Customer Personal Details
2.1 We use customer personal details only for purposes relating to the services we offer. Any financial information collected is used for processing and billing purposes only.
2.2 We will not forward customer’s personal details to third parties for advertising or marketing purposes, nor for any other purpose which is not related to the services we provide.
- Tasks of your-lovesong.com
your-lovesong.com produces songs that are tailored to the specific wishes of the customer. The songs are made available to the customer as a download.
4.1. By ordering the product a customer declares a binding offer to purchase the goods. your-lovesong.com confirms the order and invoices advance payment, unless otherwise written and agreed upon.
4.2 your-lovesong.com will send invoices solely by email with a qualified electronic signature. By submitting an order, customer agrees to this form of invoicing. Payments for an Order will be due regardless of whether and when an invoice is issued.
4.3 The order confirmation receipt represents no binding acceptance of the order. After receiving payment, the order is accepted and the contract of sale closed.
4.4 Following the confirmation of the order is an order-related production of the ordered products.
- Consumer Rights / Exclusion of Right of Withdrawal
The right of withdrawal does not apply to goods that are produced according to customer specifications or clearly tailored to personal needs. Contract may not be cancelled by customer other than as provided specifically in these Terms and Conditions.
- Customer’s Status
By placing an order through our website customer warrant that:
(a) Customer is legally capable of entering into binding contracts.
(b) Customer is at least 18 years old.
- Prices & Terms of Payment
The prices of any Products will be as quoted on your-lovesong.com‘s website, except in cases of obvious error. your-lovesong.com reserves the right to change its prices at any time, provided that any price change will not affect Products for which we have already sent customer an Order Confirmation.
All prices in the shop of your-lovesong.com are final prices in USD including the respectively valid Taxes plus possible shipping costs.
The payment of the price is due with condition of the contract and is made in advance, by PayPal.
- Reservation of title, right of use
A right of use to the songs arises only with complete payment. With the payment and delivery, the customer has the non-exclusive right to use the song for private purpose. IT IS FORBIDDEN TO USE THE GOODS FOR A FEE NOR ANY COMMERCIAL OR BUSINESS MATTER. The copyright remains with the composers and the copyright with your-lovesong.com.
- Availability and Delivery
Risk of loss for the Products is passed to customer at the time of shipment, or at the time download specifications have been made available. your-lovesong.com has the right to delete or destroy the goods after 3 weeks of shipment , or customer has received the download specifications. your-lovesong.com is under no obligation to store or retain such data.
10.1 THE YOUR-LOVESONG.COMWEBSITE IS OPERATED BY A&K Music Corp. ON AN “AS IS,” “AS AVAILABLE” BASIS, AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR-LOVESONG.COM DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, ORAL OR WRITTEN, CONCERNING THE PRODUCTS, AND THE YOUR-LOVESONG.COM WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, DESIGN, ACCURACY, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE.
10.2 YOUR-LOVESONG.COM‘S LIABILITY FOR ANY PRODUCT PURCHASED THROUGH THE YOUR-LOVESONG.COM WEBSITE IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THAT PARTICULAR PRODUCT OR ORDER. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THIS LIMIT. YOUR-LOVESONG.COM IS NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF YOUR-LOVESONG.COM IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
10.3 If the supplied goods are alleged to be not in accordance with specifications provided by customer (“defective”), your-lovesong.com, in its sole discretion, may supply a replacement or remedy the goods, to the exclusion of any further claims by customer. your-lovesong.com will be liable for replacement deliveries and work done on subsequently remedying goods only to the same extent as for the original goods.
10.4 If only a portion of an Order as delivered has defects, customer is not entitled to object to the entire Order as defective.
10.5 In the event of cancellation of the Contract or an Order, your-lovesong.com will refund any money received from customer (less any liquidated damages owed to your-lovesong.com) within a reasonable amount time.
- Written Communications
When using the your-lovesong.comwebsite, customer accept that communication with your-lovesong.com will be mainly electronic – we will contact customer by email. For contractual purposes, customer agrees to this electronic means of communication and customer acknowledges that all contracts, notices, information, and other communications that your-lovesong.com provides to customer electronically comply with any legal requirement that such communications be in writing.
- Transfer of Rights and Obligations
12.1 The Contract between customer and your-lovesong.com, and these Terms and Conditions, are binding on both parties and on their respective successors and assignees.
12.2 Customer may not transfer, assign, charge, or otherwise dispose of a Contract or Order, or any of customer’s rights or obligations arising under it, without our prior written consent from your-lovesong.com.
12.3 your-lovesong.com may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or Order, or any of its rights or obligations arising under a Contract or Order, at any time.
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, they will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
- Entire Agreement
14.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between your-lovesong.com and the customer in relation to the subject matter of any Contract and supersede any prior or contemporaneous agreement, understanding, or arrangement between your-lovesong.com and the customer, whether oral or in writing.
14.2 Customer acknowledges that, in entering into a Contract or Order, customer have not relied on any representation, warranty, covenant, or promise given by your-lovesong.com or implied from anything said or written by your-lovesong.com prior to such Contract except as expressly stated in these terms and conditions.
- Our Right to vary these Terms and Conditions
16.1. your-lovesong.com shall process personal data of the customer for appropriate purposes and according to statutory provisions.
16.2. The specified personal information provided by your-lovesong.com for the purpose of ordering goods (such as name, email address, mailing address, payment data) are used by your-lovesong.com for fulfilment and handling of the contract. The customer agrees to the forwarding of the personal information to third party providers that handle payment processing and fulfilment for the exclusive purpose of fulfilling and handling the contract.
16.3. your-lovesong.com does not pass on the personal data of the customer, including the home address and e-mail address, to third parties.
16.4. The customer shall have the right to obtain information free of charge about the personal data that has been stored about him by your-lovesong.com. In addition, customer shall have the right to correction of inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain them.
- Law and Jurisdiction
Orders, Contracts for the purchase of Products through our site, and the use of the your-lovesong.com site will be governed by Florida law, applicable to agreements made and to be performed entirely in Florida, US, without regard to principles of conflicts of law. Customer hereby consent and submit to the exclusive jurisdiction of the courts (state and federal) located in the State of Florida, County of Fort Myers in connection with any dispute or controversy arising from, or related to, any Contract to which customer are a party. Customer hereby waive any objection customer may have in any such action based on lack of personal jurisdiction, improper venue, or inconvenient forum.
- Attorney’s Fees
In the event of any dispute between your-lovesong.com and customer, the prevailing party in any litigation, mediation, arbitration or other proceeding shall be entitled to collect all costs and fees (including reasonable attorney’s fees) in connection with the enforcement of such parties rights hereunder.
- Availability of Terms and Conditions
Customer can view and print this Terms and Conditions from anywhere on our website by clicking “Terms and Conditions“.