Terms of Sale
These terms apply to purchases made through garethmclearnon.com. They should be read together with the Returns, Refunds & Cancellations Policy.
1. The seller
Your contract is with GARETH MCLEARNON FLUTE LTD, company number NI687474, a company registered in Northern Ireland.
Registered office: Ferndale Park, Portstewart, BT55 7JB
Email: gareth@garethmclearnon.com
2. Products and services
We sell products including printed sheet music, downloadable sheet music, backing tracks, recordings and other music-related products. The relevant product page states the principal description, instrumentation, format and method of supply.
Commissions, arranging, remote recording, teaching and other bespoke professional services may be subject to a separate written quotation, engagement letter or project agreement. Where a specific written project agreement conflicts with these general terms, the specific agreement takes precedence for that service.
3. Ordering and contract formation
Placing an order is an offer to purchase the items in your basket. A contract is formed when the order is accepted and an order confirmation is issued.
We may decline or cancel an order before dispatch or digital delivery where, for example, there is an obvious pricing error, suspected fraud, an unavailable product or another legitimate reason. If payment has already been taken for an order that cannot be fulfilled, it will be refunded.
4. Prices and payment
Prices are displayed in euros unless another currency is shown. A payment provider may display or charge a converted amount in another currency. Conversion rates and provider charges may be determined by that provider.
Any delivery charge and any tax that we are required to collect will be shown or otherwise dealt with as required before the order is completed. Payment is processed using the methods offered at checkout.
5. Physical products and fulfilment
Physical products may be dispatched from Germany or from another fulfilment location used by the company. The dispatch location does not change the identity of the seller, which is GARETH MCLEARNON FLUTE LTD.
Delivery estimates are estimates unless a guaranteed date is expressly agreed. Unless otherwise stated, delivery will be made within the period required by applicable law.
If an order crosses a customs or tax border, import duties, local taxes or handling charges may arise. Where such charges are not collected at checkout and applicable law permits them to be charged to the recipient, they are the responsibility of the customer.
6. Digital products
Digital products are supplied electronically, normally by download link or another method stated at checkout or in the order confirmation.
Purchasing a digital product grants a limited licence to use the supplied file for the purposes stated on the product page, in the file itself or in accompanying licence information. Copyright is not transferred.
You may not resell, redistribute, publicly upload, publicly share or otherwise commercially exploit a digital file except where the relevant licence expressly permits it.
Where a score includes permission to print or distribute parts within the purchaser’s own ensemble, that permission extends only as far as the product page, score or accompanying licence expressly states.
7. Cancellation rights
Consumers may have statutory cancellation rights for distance purchases. The main rules and exceptions are explained in our Returns, Refunds & Cancellations Policy.
For digital content supplied immediately, the statutory cancellation right may end once download or access begins, but only where the customer has expressly agreed to immediate supply and acknowledged the loss of the cancellation right where applicable law requires this.
Goods made to a customer’s specifications or clearly personalised for that customer may be excluded from a change-of-mind cancellation right. This does not affect statutory rights relating to faulty, damaged or misdescribed goods.
8. Faulty, damaged or incorrect products
Nothing in these terms limits statutory rights in relation to goods, services or digital content that are faulty, damaged, not as described or otherwise non-conforming.
If there is a problem with an order, contact us with the order number and a short description of the issue.
9. Copyright and performance rights
Buying a score, recording or download does not transfer copyright. Any public-performance, mechanical, broadcast, synchronisation or other licence required for a particular use remains the responsibility of the person or organisation making that use unless we expressly agree otherwise.
10. Availability and changes
Product descriptions, prices and availability may be updated from time to time. Changes do not affect orders already accepted except where a change is required by law or agreed with the customer.
11. Liability
Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
If you are a consumer, your mandatory statutory rights are unaffected.
For business customers, to the fullest extent permitted by law, we are not responsible for indirect or consequential loss, loss of profit, loss of opportunity or loss arising from use of a product beyond the purpose for which it was supplied.
12. Events outside our reasonable control
We are not responsible for delay or failure caused by circumstances outside our reasonable control, but this does not remove any mandatory rights available to a consumer.
13. Complaints
Please send complaints to gareth@garethmclearnon.com. We will try to resolve complaints directly and reasonably.
Where we are legally required to participate in a particular alternative dispute resolution or other complaint-resolution arrangement, the relevant details will be provided as required by law.
14. Governing law
These terms are governed by the law of Northern Ireland.
If you are a consumer, this choice of law does not deprive you of mandatory consumer protections that apply to you under the law of the country in which you habitually reside, where those protections cannot lawfully be excluded by contract.