music drive
1. TERMS AND CONDITIONS AND TRADING INFORMATION
1.1 These Terms and Conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you the customer.
2. PAYMENT TERMS
2.1. Payment shall be paid in full to Music Drive to start the fulfillment of any received purchase order. Non-payment to Music Drive can stop or delay a purchase order.
2.2. Music Drive only accepts bank transfer payments. Music Drive's bank payment details will be forwarded by email after a purchase order is made through the Music Drive website.
3. PASSING OF TITLE AND RISK
3.1 The risk of all products shall pass to you on delivery.
4. PRODUCTS
4.1 We reserve the right to alter any details of products advertised and without notice while every effort is made to describe goods accurately on our website and advertising, no warranty is given as to accuracy and no responsibility will be accepted for error and any resulting loss.
5. PRICES
5.1 Any price or quotations is subject to change at any point without notice, including advertised offers.
6. DELIVERY
6.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods.
7. QUANTITY VARIATION
7.1 All Music Drives ordered are checked before delivery, insuring your MP3 audio files have been successfully stored onto each USB Music Drive. If we find any USB Music Drive which cannot store your music files due to a manufacturing fault, we will not deliver these USB Music drives to you and we will refund you the unit cost for each USB Drive not delivered to you within 3 to 7 working days.
7.2 No liability is accepted for any loss arising from a reduced order quantity due to a manufacturing fault.
8. CLAIMS
8.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
8.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
8.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
8.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days.
8.5 Music Drive requires any product to be returned in full before agreeing to renew. If Music Drive deem the product to be of sufficient quality, we reserve the right to return the goods and refuse to renew or refund.
9. LIABILITY
9.1 Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
9.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 8.
9.3 We are not liable for any financial loss incurred by you, including but not limited to expenses incurred by you, interest payments & loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
9.4 Nothing in these terms and conditions shall affect the rights of a consumer.
10. REFUNDS
10.1 We Reserve the right to rectify defective products and shall not be liable to refund.
10.2 Music Drive will credit your account if we deem a refund should be made.
10.3 If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so.
10.4 If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us.
10.5 All defective product must be returned to us before replacement, if the subject product is not available we will assume that it has been accepted and no replacement will be provided.
10.6 Refunds will take 3 to 7 working days to complete once Music Drive has agreed to refund.
11. QUANTITY CHANGES TO PURCHASE ORDER
11.1 Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
12. ARTWORK AND PRINTING
12.1 All artwork created by you, or a person or company you have instructed to create the artwork for the Music Drive product should follow and use the artwork specifications displayed on the Music Drive website at: https://www.musicdrive.co.uk/artworkspecifications
12.2 Music drive will not be held responsible for any loss due to errors or omissions when artwork is created by you, or others you have chosen to create your artwork for the Music Drive product.
12.3 If the artwork specifications are not used or part used, this can delay delivery and may incur further costs to you.
12.4 All orders are completed solely on the basis of the Artwork and information provided to Music Drive by the customer. Any additional costs that arise due to the inaccuracy of the artwork supplied will be the sole responsibility of the customer.
12.5 Once your design for your presentation case covers and USB Music Drives is initiated and any preliminary artwork has been created by Music Drive, all retainer payments made by you become non-refundable.
12.6 Once your order has gone to production you will not be able to make changes to the artwork you or we have supplied, you will become liable to charges if you need to amend or supply new artwork.
13. PROOFS
13.1 Final artwork proofs must be signed off in writing via email by the customer before work can begin to produce the USB Music Drive product. This includes the artwork proofs for the presentation case cover and the Band or Artist name printed on each USB Music Drive.
13.2 Any delay signing off the artwork proofs shown in 13.1, will delay delivery of Music Drive products to the customer.
13.3 Please check proofs thoroughly as once passed and signed off by the customer, all proofs are deemed correct and ready to go print and the responsibility passes to the customer. You will need to view all proofs at 100% to see the exact size of your product when printed.
13.4 Once proofs are deemed correct and signed off via an email sent to Music Drive, Music Drive can not be held liable or responsible for any loss for errors or omissions contained within the signed off artwork proofs.
13.5 Any delay signing off the proofs will also delay the delivery of the product to the customer.
14. QR CODE AND URL LANDING PAGE
14.1 The QR code and landing page is free for one year when you purchase your USB Music Drives. After the free one year expires the cost to renew every year thereafter is £8 per year. When it is time to renew the service, we will send you two emails to remind you to make a payment to renew this service. If we don't receive your payment after 3 weeks from sending you the second reminder email for payment, we will assume you no longer require or need your QR code and URL landing page, and will delete it.
15. FORCE MAJEURE
15.1 We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
16. MISCELLANEOUS
16.1 The contract between Music Drive and the Customer shall be governed by and construed in accordance with English Law.