Terms and Conditions of Trade
Terms & Conditions; General; Liability; Processing of orders; Delivery/title/risk; Miscellaneous
We reserve the right to make changes to the system, the disclaimers and these terms and conditions at any time.
1. The owner of the e-commerce area of this site (the system) is Data File Music whose address is Siedenmoorweg 10 in Rastede 26180, Germany. Trading names include datafilemusic.com, Skylab Sound and emotography.com
2. Your contract for purchases made through the System is with Data File Music, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
3. You must be eighteen years old to use this system. If you are under eighteen, you may only use the system in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the system.
4. You agree that e-mail can be used as a long-distance means of communication.
5. No contract for the sale of any product will exist between you and Data File Music unless and until Data File Music accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Data File Music sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Data File Music of your offer to buy goods from Data File Music or a third party supplier that is engaged on your behalf by Data File Music.
6. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
7. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 42 below from time to time.
8. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
10. You undertake that all details you provide to Data File Music for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
11. You must choose a username and password as part of registration. You are responsible for all actions taken under that username and password and shall only use the System under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
12. If there are any changes to the details supplied by you it is your responsibility to inform Data File Music as soon as possible.
13. All purchases are non-exchangeable, non-refundable and non-transferable.
14. You may cancel your order at any time prior to your order being processed by posting a cancellation by email to email@example.com or by post or by telephoning +49/(0)4402/916084-0 during normal office hours (9am - 6pm Monday to Friday). You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by: i. sending the notice of cancellation by email to firstname.lastname@example.org ensuring that you quote your name, address and order reference number; or ii. where you have already received the goods, returning the goods to Data File Music unopened together with the original invoice. Data File Music will refund you the purchase price of the goods.
15. Once we receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited or remitted to Data File Music from your credit card or your account in relation to your order will be re-credited to that credit card account or transfered back to your account as soon as possible and in any event within 30 days of receipt of your returned order provided that the goods you wish to return are received by Data File Music in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Data File Music
16. Data File Music reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Data File Music also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
17. This section applies only to the extent permitted by law. For the avoidance of doubt, Data File Music do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Data File Music negligence or wilful default, or that of Data File Music employees, agents or subcontractors or (b) fraudulent misrepresentation.
18. Data File Music does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
19. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the System is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
20. Data File Music will do its best to correct errors and omissions as quickly as practicable after being notified of them.
21. To the fullest extent permitted by law, Data File Music is providing this system and its contents on an 'as is' basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this system or the information, content, materials or products included in this system including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Data File Music does not represent or warrant that the information accessible via this system is accurate, complete or current.
22. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Data File Music shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify Data File Music of the problem in writing at the address shown on the invoice / delivery note sent with your order, within 10 working days of delivery of the goods. Nothing in this clause affects your statutory rights.
23. You and Data File Music will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
24. The products sold on the System are provided for private domestic and consumer use only. Accordingly,Data File Music do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the System or for any products or services purchased from Data File Music.
Processing of orders
25. Credit cards are debited on the day of shipping by Data File Music. Debit cards are debited on the date of purchase. All prices include sales taxes (where applicable) unless otherwise stated. If you've chosen to remit the sum by bank transfer, your order will be sent on the day of receipt of your payment in full on one of our accounts.
26. Every purchase you make shall be deemed performed in Germany. German law shall govern every aspect of contractual agreement concerning purchases made from Data File Music.
27. Data File Music aims to arrange shipment of all 'in stock' items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock. Some items may be unavailable and the current stock status is approximate. Data File Music is not able to supply dates our suppliers may supply an item stock to us.
28. You can keep track of your order status yourself on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from Data File Music
Deliver, Title, Risk
29. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation.
30. Title to any product ordered will pass to you once Data File Music has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
31. If your delivery address is outside of the EU, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Data File Music advises each customer to contact their local customs office for further information.
32. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
33. For Christmas Deliveries, we recommend that you order by the 18th December within the EU and 15th December outside the EU. We will endeavour to dispatch all 'in stock' orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
34. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
35. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
36. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
37. You may not permit, create unauthorized framing of, or deep linking to, the System or the creation of derivative works thereof from any other website under your management or control.
38. In these Terms, 'Intellectual Property Rights' means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the system shall be owned by us absolutely.
39. Subject to the licence granted to you to use the system, Data File Music reserves all rights, title and interest in its Intellectual Property Rights in the system. Any goodwill accruing from use of Data File Music and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in Data File Music and its affiliates, as appropriate.
40. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Data File Music tracks the electronic 'fingerprints' of every order placed on Data File Music to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
41. We reserve the right to terminate this Agreement and to suspend or terminate your access to the System immediately and without notice to you if: i. you fail to make any payment to us when due; ii. you breach the terms of this Agreement (repeatedly or otherwise); iii. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; iv. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the System.
42. Data File Music may amend these Terms from time to time, and place the new version on the System. When Data File Music do so, it will mention the fact on our home page (www.datafilemusic.com). For users purchasing goods or registering on the System for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the System. Your continued use of the System following Data File Music posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the System.
43. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Data File Music and you relating to your purchase. Data File Music advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Data File Music. We will store a copy of the contract entered into by you with Data File Music. You are advised to read (and are responsible for reading) fully all information on this website.
44. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
45. These Terms are subject to the laws and exclusive jurisdiction of Germany.