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Terms and Conditions

Backingtracksworld.com® Terms and Conditions of Sale
    
1. The following terms and conditions apply to your purchase of goods and/or services from backingtracksworld.com which is essentially a website for downloads of various types of backing tracks including midi files, and MP3 audio backing tracks.  These conditions shall apply to all contracts for the sale of goods and services by the Company to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or similar document.

2.  Definitions
     • "Backingtracksworld.com"™, shall, hereinafter referred to as "the Company".
     • "The customer" means "you" or "your".
     • "The goods" means midi files and mp3 audio backing tracks and related products sold by the Company to you including packaging, manuals and any other ancillary components or documents.
     • "Services" means any service provided by the Company other than physical goods.
     • "Conditions" means the terms and conditions of sale set out in this document and
includes any special terms and conditions agreed in writing by us any and all of which
may be modified at any time without prior notice.
     • Our business telephone numbers:
        UK (freephone):  08000 833 854  
     • Our electronic mail address:info AT backingtracksworld.com (replace AT with @)
     • Our website address:  www.backingtracksworld.com
                            
3.  Making an agreement to purchase the goods

3.1 All orders for goods shall be deemed to be an offer by you to purchase goods subject always to:
       (a) Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.
       (b) Any variation to these conditions to which the Company may agree (including any special terms and conditions agreed between you and the Company) shall be inapplicable unless agreed in writing by the Company.
 3.2   If for any reason it is not possible to accept your order to buy the goods of the specification and description at the price indicated, the Company will advise you by e-mail or telephone and may give you a time-limited offer to sell you goods of an alternative specification and description at the price stated in the communication.  Such offer may be accepted by e-mail or verbal telephone call within the period stated and in which case there will be a concluded agreement between you and the Company.
                              
4.  Price and Delivery of the goods

4.1 Prior to our supplying any goods available for purchase from our website payment must be made in full, inclusive (where applicable) of any costs, carriage, or Value Added Tax at the rate prevailing on the date of sale.
4.2 You may not withhold payment of any invoice or other amount due to the Company by
reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever.
4.3 Midi files and audio (mp3 format) backing tracks are downloadable from backingtracks.com to registered members who have provided and maintain a bona fide email address plus password.      
4.4 Downloadable products excepted, you shall be deemed to have accepted the goods 3 days after delivery by the carrier, after which time you shall not be entitled to reject goods which are not in accordance with the agreement.
4.5 In cases where the goods are not downloadable they shall be delivered by the Company
 to your address using our standard delivery by 1st class Royal Mail post or, at your additional expense, your optional preferred method of delivery to your address, and the risk in the goods shall pass to you upon such delivery taking place. The carrier shall be deemed to be your agent.

4.6 In case of any loss or damage to goods the Company requires immediate notice to be given and you are required to inspect the goods upon receipt and report any loss or damage to the Company within 48 hours of delivery (time being of the essence), and if you do so the Company will replace the goods at no cost to you, upon receipt of the damaged goods being returned to the Company's administrative office address at your own expense.      
4.7 In respect of any damage to goods reported to the Company after 48 hours of delivery, the Company will replace the goods at no cost to you PROVIDED ONLY that:
       (a)  The damaged goods are returned to us within 7 days of delivery to you, and
       (b)  You provide proof that the goods were damaged before receipt by you, and
       (c)  The Company is satisfied that the goods were damaged before receipt by you
4.8 The Company shall not be liable for any for any loss or damage whatever, failure to deliver the goods to you promptly or at all or due to circumstances beyond its reasonable control.
4.9 Notwithstanding that the Company may have delayed or failed to deliver the goods or any of them promptly you shall be bound to accept delivery provided that delivery shall be tendered at any time within 21 days of the agreement.
                                                          
5. Your Rights of Cancellation

5.1 Your rights of cancellation set out below are in addition to your other statutory rights and apply to any agreement between you and the Company EXCEPT insofar as the agreement is in respect of downloadable musical midi files or audio (mp3) backing tracks or related data.
5.1.1 You have a right to cancel the agreement before the close of the business day on which you ordered the goods only.   After this period the Company may at its sole discretion accept a cancellation by telephone only and SUBJECT ALWAYS to your order not having been processed in any way whatsoever.
5.1.2 Any such notice to the Company shall be by telephone call only and shall operate to cancel the agreement between us, and where the Company accepts such cancellation, a full refund will be made subject to the retention of a small charge to cover administrative costs.
            
6. The Company's Right of Cancellation

6.1   If for reasons beyond the Company's reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to the Company, the Company is unable to supply the goods to you, the Company may cancel the agreement at any time before the goods are delivered by giving notice to you by email, by telephone or in writing and in such case the Company shall promptly repay to you in full any sums paid by you or on your behalf under or in relation the agreement, but without the Company being liable for any loss or damage whatsoever arising from such cancellation.

7. Return of goods

                       
7.1 Due to the nature of digital downloads the Company will not accept any midi files or mp3 backing tracks returned for credit or exchange unless supplied in error by the Company or unless the goods are determined to be faulty. 
7.2 The following provisions apply where you consider that the Company has been negligent, or the goods, including midi files and audio mp3 backing tracks, supplied by us may be defective, or that we have supplied incorrect materials or product.  Examples of this might be a defect in the material that the backing tracks have been recorded onto (such as audio CD or minidisk), goods damaged at the point of delivery to you, or incorrectly identified product.
7.2.1 The faulty or defective goods should be returned to the Company within 7 days from receipt of delivery by you together with an explanation of the problem to give us an opportunity to carry out an inspection and test them.
7.2.2   In all cases, including midi files, mp3 backing tracks and audio backing tracks where the failure is proved to be due to our negligence, misdescription, defective materials or incorrect product, we will, at our discretion, replace such defective or incorrect materials or product PROVIDED ALWAYS that, because of the nature of the product, under no circumstances will a refund or exchange be offered or given for goods that merely fail to meet your expectations.    
7.3 No goods delivered to you which are in accordance with the agreement will be accepted for return by the Company without our prior approval and on terms to be determined at our absolute discretion.
7.4 In the event that the Company accepts such return, the goods must be returned by you
carriage-paid to the Company's administrative office address
7.5 Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies the Company may have.
           
8. Copyright, Trademarks, Other Proprietary Rights, Royalties and Names

8.1. You do not own in whole or in part any part of the copyright or intellectual property rights to the midi files or audio mp3 backing tracks.  The price paid is solely for a single exclusive licence to use them for private and/or personal use PROVIDED ALWAYS that you may alter, amend or in any way modify the backing tracks in both form or content for your own personal use BUT SUBJECT NEVERTHELESS to the copyright and intellectual rights to the amended form or content remaining the property of the Company and/or any appropriate third parties who may have any legal, intellectual or other rights.  You hereby agree to keep intact all copyright, trademark or other proprietary notices or marks.
8.2 You are prohibited from giving away, selling, loaning, swopping, or bartering the midi files or mp3 backing tracks or in anyway using them as a part of another recording or allowing them to be used for any commercial use or resale whatsoever.
8.3 Any reproduction of the backing tracks (except for your own personal backup) will be deemed an infringement of intellectual property rights and in violation of copyright.
8.4 You shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are the Company's property.
8.5 Prior to purchase you must satisfy yourself that you are purchasing the correct goods,
products or midi or mp3 backing tracks, as the Company accepts no liability for any failure or error on your part in this respect, and no refund, exchange or allowance will be given in such cases.
8.6 Publisher ROYALTIES are paid by the Company for every song to the MCPS-PRS Alliance http://www.mcps-prs-alliance.co.uk. 
8.7 We do not share email addresses with any third party.
8.8 The names of artistes are used solely as means of song identification. The Company does not imply or warrant that any artist or their representative is or ever has been associated with Backingtracksworld™.
        
9. Liability and Indemnity

9.1 The Company shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, any malfunction of your equipment due to the use of any music midi files or audio mp3s, CDs or minidisks supplied by us or the loss of electronic information or physical damage to property whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
9.2 The Company accepts no liability for any malfunction of your equipment due to the use of any midi files, audio mp3s, CDs or minidisks supplied by us.
9.3 Without knowing the particular application for which you require the goods and the exact specification and configuration of any existing system into which you intend to use our goods the Company cannot and does not warrant the suitability of any of our goods for your particular purpose.
9.4 Your use of this website is entirely at your own risk, and you agree to indemnify and hold harmless Backingtracksworld its partners, assigns, servants, affiliates, agents, employees or representatives from and against any claims or demands arising from your use or misuse of this website including, but not limited to, any reasonable legal fees and costs incurred, any third party claim, or any infringement by you or any other user of your account in relation to any intellectual property rights in relation to any of our midi files or audio mp3s or related data.  
           
10. Law and jurisdiction and Service of Notices

10.1 All disputes arising out of this agreement shall be subject to the laws of Scotland
10.2 If any part of these conditions shall be determined to be unlawful, the validity or enforceability of the remainder of the conditions shall nevertheless remain unaffected.
10.3 Any legal notice required to be served upon the Company shall be sufficiently served if sent to the Company's Registered Office address by Recorded Delivery post and any legal notice sent by the Company to you shall be sufficiently served if sent to you at your last known address by 1st Class post.  
                                
11. Reservations
 
11.1 The Company reserves the right:
11.1.1   To change the specification, description and price of any individual goods and in particular midi files and mp3 backing tracks at any time without prior notice.
11.1.2   To withdraw a song title from our catalogue and or website at any time without prior notice and without the Company being subject to any liability whatsoever.
11.1.3   To alter delete or amend any or all of these conditions without prior notice.
           
* All trademarks are duly recognised
* These conditions do not affect any of your statutory rights in particular under the Sale of Goods Act or The Consumer Protection (Distance Selling) Regulations.
* These conditions are valid from 17th July 2007 onwards.
* Copyright © 2007 Backingtracksworld ™. 



Copyright © 2007 Backing Tracks World