Terms and Conditions of Sales
Octavia Mulrimedia Group Limited(R), and all it's subsidiaries and members of the group which includes, "Octavia Records Limited(TM)," "Octavia Music Publishing Limited(TM)," "Octavia Artists Management Limited(TM)," "Octavia Artists Limited(TM)," "Octavia Studio Limited(TM)," "Octavia Music Shop Limited(TM)," and "Octavia Music Magazine Limited(TM)." of 3, Chapel Street, St. Georges, Telford, Shropshire, TF2 9JA. United Kingdom.
TERMS AND CONDITIONS OF SALES
1. DEFINITIONS AND INTERPRETATIONS
In these terms and conditions:
Reference to "we" and "us" is a reference to "Octavia Multimedia Group Limited(R)," and all its subsidiaries, members of the group as named above. And as may be included or removed from time to time.
Reference to "you" is a reference to the purchaser of the Goods from us.
"Contract" means the contract between us for the sale and purchase of the Goods and Services which incorporates these Terms.
"Goods" means the Sheet Music, Manuscripts, Downloads, CDs, DVDs, Records, Vynals, Books, Poetry, Studio Time, Tickets, Merchandise Items, and other Items purchased by you from us.
"Services" means Event Arrangement, Management, Performance, Advertising, Promotion, Traning, and any services agreed in the contract to be supplied by the Company to the Buyer.
"Terms" means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2.1 The Contract shall be on these terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
2.2 No terms and conditions contained in the confirmation of order, purchase order or other document of the buyer will form part of the contract.
3.1 The price of Goods shall, unless otherwise agreed, be the price as set out on the date in the Company's price list. The price of Goods quoted on our websites excludes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.
3.2 The cost of packaging and postage/carriage is shown separately and ( in the case of special or overseas orders), will be quoted by us on request and payable separately from the price of the Goods. The Buyer shall pay such deposit as the Company shall direct.
3.3 All published prices are subject to change at any time without notice.
4. ORDERING GOODS ONLINE
4.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
4.2 When an order is made online, the order confirmation issued by the Company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is varified by us.
4.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
6.1 All payment for Goods and for the cost of packaging and delivery together with the Vat at the current rate, must be made before the Goods are delivered.
6.2 Payment online will be made by credit or debit card. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
6.3 Payment for Goods sold or ordered at events. The Company shall not be bound to deliver (whether by handing over at the time of purchase, posting or collection), until the buyer shall have made payment for the Goods. Payment shall be due before the delivery date and time for payment shall be of the essence.
6.4 The company will excercise its statutory right to claim interest and compensation for debt recovery cost under the Late Payment Legislation for England and Wales.
6.5 Payment shall not be deemed to have taken place until receipt by the company of cleared funds.
7.1 We will give you an estimated delivery date for the Goods but no time or dates provided by us are quaranteed.
7.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
7.3 You must notify us promptly and in any event within 48 hours or receipt of any Goods, if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
7.4 Goods purchase at Events will be handed over to the Buyer after full payment is received in cleared funds, and delivery would be considered complete. Unless an order is placed for goods that are not at the event, then delivery would be to the delivery address given at the time of purchase, and then the Company's Delivery Policy applies.
7.5 Any Goods not available at the time the buyer places an order, will be sent out as soon as possible, when received from the manufacturer.
7.6 Subject to the other provisions of these Terms, the company shall not be liable for any loss, whether direct or consequential, economic or lost of profits or otherwise, arising directly out of any delay in the delivery of the Goods, nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceed 60 days.
8.1 You will have a right to cancel an order within 7 working days from the date that you receive the Goods. Cancellation must be confirmed to us by notice in writing.
8.2 You must take reasonable care of all Goods in your possession and return them to us, appropriately packaged to avoid damage, within 7 days from the cancellation date. We reserve the right to arrange collection, in which case you will be responsible for collection charges.
8.3 We will refund the purchase price to you within 30 days of the cancellation notice, but we reserve the right to charge a restocking fee and any other reasonable cost we incur in connection with the return of the Goods.
8.4 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.
9. RISK AND OWNERSHIP
9.1 The risk of loss or damage to Goods passes to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes to you on collection (or 7 days after the agreed collection date if you have not collected the Goods by then).
9.2 Ownership in all Goods remains with us until full payment of all amounts due to us have been received from you.
9.3 You will be responsible for the safe custody and insurance of all Goods in your possession. Until ownership of the goods has been passed to you ( the Buyer), you (the Buyer, shall: Hold the goods on a fiduciary basis as the Company's Bailee; Store the Goods seperately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company's property;
9.4 Not destroy or deface any identifying mark on the Goods or their packaging; maintain the goods in satisfactory condition, insured with the company's interest noted on the policy and hold any proceeds of such insurance on trust for the company and not to mix them with any other money.
9.5 You have no right to re-sell any Goods until payment has been received in full by us.
10. WARRANTIES AND LIABILITY
10.1 We warrant to you that the Goods ordered by you will meet the description as shown on our websites (or any other description given to you in writing).
10.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
10.3 If any defect in any goods appear within [3 months] of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsiblity. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
10.4 We will not accept any responsibility for any wear and tear accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
10.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for debth or personal injury which is proved to be due to our negligence).
If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these sre to be sent to, [email protected] and you must send them so as to return an acknowledgement of receipt. Notice may be sent by first class post to, 3 Chapel Street, St. Georges, Telford, Shropshire, TF2 9JA or by fax to [fax number of seller].
12. CUSTOMER DEFAULT
give us any incorrect personal information, or fail to make any payment when it is due, or cancel any payment, or become insolvent, or commit any breach of these Terms.
Then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
13. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend), the Contract. Notification to the last known address shall be considered proper and sufficient.
14.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
14.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
14.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obilgations without first getting our written consent.
15. INTELLECTUAL PROPERTY
All Copyrights, Trademarks and Intellectual Property rights are reserved and are the property of their owners. And where the Goods include designs or works of art, or musical composition, these are prepared by a designer, artist or writer who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods without the prior consent of the owner.
16.1 If there is a disput which we cannot settle by direct negotiation, we may require that it is refered to mediation before any lagal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution), mediation rules current at the date of the duspute.
16.2 Any dispute between us will be finally determined by the English Courts and you agree to submit to the jurisdiction of those courts.
17. GOVERNING LAW
These Terms and the Contract between us are governed by English law.
(c) Copyrights 2010 Octavia Multimedia Group Limited(R). All rights reserved.