TERMS AND CONDITIONS OF SALE

These terms and conditions of sale (“Terms“) set out important information regarding the rights, obligations and the restrictions that may apply to you as a user (“User“) when you purchase certain physical products including our microphone product (“Product(s)”) from our digital application “MusiXmatch” (“Application”), from our website http://www.musixmatch.com or from our e-commerce shop at http://store.musixmatch.com (the Application and our websites, together the “Services“), or from third party retail partners such as Amazon (a “Third Party”). The Services, where not specifically provided otherwise, are supplied by Musixmatch s.p.a (“we“, “us” and “our” as appropriate). We are a limited company incorporated in Italy. Our registered office is at: Via Timavo 34, Milan, Italy our email: is info@musixmatch.com VAT number: 03004641209. If you wish to purchase Products using our Services or any third party websites you must agree to be bound by these Terms and all and any applicable laws regarding your purchase of Products. For terms governing your use of our Services generally please see here and for our privacy policy, which sets out how we will collect, process and use your information, please see here. If you don’t agree to any of these Terms, the general terms of our Services or our privacy policy, please do not use our Services or purchase Products. Any translation of these Terms is provided as a courtesy to you and the definitive text of these Terms is the English (UK) version. If you would like to save or print off a copy of these Terms, please click here.

1. PLACING ORDERS ON MUSIXMATCH

1.1  To purchase Products, you will need to be using the Services or a Third Party website. You can click on the Product you would like and click on the “Add to Basket” button (or similar) next to the Product. Depending on whether you are using the Services or using a Third Party website, you may need to log-in or create an account to proceed with your order.

1.2  To continue with your order you will be asked to choose your preferred delivery method and submit your payment details in accordance with our Services or Third Party website accepted payment methods. You should check and amend any errors before submitting your order as you may not be able to amend an order if it has been dispatched (but please see Section 5 below regarding refunds if you are not happy with any Products once you have received them). Depending on whether you are using the Services or a Third Party website, when you make an order you may be able to choose whether you want to store your payment details so that you don’t have to re-enter them each time you buy Products.

2. AVAILABILITY AND DESCRIPTION OF PRODUCTS

2.1  We try to describe Products as accurately as possible, although minor variations may occur occasionally or a Product may look slightly different to its photo available on the Services or Third Party website. We take care to monitor our stock levels of Products but sometimes they may run out we will make it clear if certain Products are unavailable. If we don’t manage to remove a Product before you order it and we are not able to supply it, we will inform you and ensure that you will not be charged for that Product.

3. PRICES AND PAYMENT OF PRODUCTS

3.1  We aim to ensure that prices of Products are correct and any changes to prices will not affect any order that that is confirmed. Provided that your order has not already been dispatched, if we or a Third Party has made a mistake and can’t supply you with a Product at the stated price, we or a Third Party, as applicable, will let you know via email and will notify you of the correct price. You can then decide whether or not you wish to proceed with your order at the correct price. If you decide not to proceed with your order and you have already made payment for the Product, we will give you a full refund for your Product.

3.2  Prices of Products are subject to changes without notice. We reserve the right at any time to modify or discontinue Products without notice and we shall not be liable to you for any modification or price change or discontinuance of any Product.

3.3  Prices for Products are quoted in Euro, U.S. Dollars or British Pounds and are inclusive of VAT (where applicable) but do not include additional sales taxes (where applicable). You may pay by credit, debit card or PayPal.

3.4  Your order placed in accordance with Section 1.1 is your offer to buy from us (or a Third Party, as applicable). Payment will be taken from you by your preferred payment method and once your order has been dispatched, you will receive an email confirming the details of your order, which is our acceptance of your order forming a contract between us. Where you have ordered several Products and they are dispatched separately, our acceptance of your order in respect of each Product takes place when each Product is dispatched.

3.5  You understand that once we have accepted your order and your Product has been dispatched, you won’t be able to amend your order, but please see Section 5 below regarding refunds if you are not happy with any Products once you have received them.

4. DELIVERY

4.1  Products can be delivered to countries within the E.U. (only to the following countries: Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Spain, Sweden) and to the U.S. Unless agreed differently, you must pay for Product shipping costs to your designated address within the ordering process prior to shipment of such Products. Accepted orders will be processed and Products will be shipped to valid physical addresses within the countries we can deliver to. For all deliveries within the EU we always aim to deliver our orders on time and within 30 days of the date of your order. Unfortunately there can be occasions where an unavoidable situation will mean this cannot happen and we will always endeavour to contact you to let you know if there is a problem. We shall not be liable to you if we fail to deliver a Product in time but you are entitled to cancel an order and request a refund if you do not receive your Product within 30 days.

4.2  For orders to the U.S., although we aim to provide you with as much information as possible, exact shipping dates may be unknown at the time you place the order and may exceed 30 days after your order is accepted. We will notify you if any order is estimated to take longer than 90 days to ship from the time the order is placed by you and accepted by us. You are entitled to cancel an order and request a refund if you do not receive your Product within 90 days. Products may be shipped by us or direct from one of our independent contractors. All claims of shortages or damages suffered in transit must be submitted directly to us. Your order may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note we have no control over these charges and cannot predict their amount. International deliveries may be subject to inspection and opening by customs authorities. Please contact your local customs office for further information.

4.3  We reserve the right to make partial shipments. We shall not be liable for failure to deliver Products for which you have not provided a correct address, including a valid email address and a valid phone number where you may be reached.

4.4  You must comply with all applicable laws and regulation of the country for which the Product is destined. We will not be liable if you breach any such laws.

REFUNDS AND REPLACEMENTS OF PRODUCTS

5.1  If you are unsatisfied with your Product, you have 30 days from the date of purchase to request a refund.

5.2  Please follow the following process for a replacement or refund:

a) Return Merchandise Authorization document (“RMA”) must be requested from our customer service team within 30 days of your purchase date.

Please download and fill the RMA module.
Send the RMA module via mail to support@musixmatch.com including the shipping tracking ID if available.
The RMA module should also be included in the package returned to us.

b) the returned Product must be in good physical condition (not physically broken or damaged) and in its original packaging;

If shipping from Europe please ship to:
Musixmatch S.p.A.
Via S. Vitale, 5
40125 Bologna
Italy

If shipping from United States please ship to:
Musixmatch Returns
1153 Sawgrass Corporate Pkwy.
Sunrise, FL 33323

c) all accessories originally included with your Product must be included with your return;

d) as well as emailing the RMA, as set out above, please also include the RMA in the shipping package;

e) each Product must be accompanied by a separate RMA and packaged separately. If more than one Product is included with the RMA or shipping package then only one Product may be replaced or refunded.

5.3  You shall bear the cost of shipping your Product to us and assume all risk of loss or damage to the Product while in transit to us.

5.4   We will offer you one of the following options upon receipt and verification of returned Product: a replacement Product, in respect of which we shall bear the cost of shipping; or a refund for the original purchase price of the Product, including taxes where applicable.

5.5   If you return a Product to us: without an RMA; or without all parts included in the original package; or without the RMA included in the shipping package; or with multiple Products in one return package; we may have problems processing your Product refund. We aim to process and pay (where applicable) for any refunded Products within two weeks of our receipt and verification of returned Product.

6. PRODUCT WARRANTY

6.1  When you purchase a Product, we warrant to you that your Product will under normal use operate substantially in accordance with the accompanying documentation for a period of one year from date of original purchase. Your sole and exclusive remedy and our sole and exclusive responsibility under this warranty will be, at our option, to replace the defective Product during the one year limited warranty period so that it performs substantially in accordance with the accompanying documentation on the date of the initial purchase. Any replacement may be, at the option of a new or remanufactured Product in line with Section 5.

6.2   The forgoing warranty is limited to the Product and is not applicable to: (i) consumables such as cover; (ii) normal wear and tear; (iii) defects or damage caused by misuse, accident (including without limitation; collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair or improper storage (iv) not used in accordance with the documentation; and (v) damage caused by or to the equipment with which the Product is used.

6.3   To obtain the above warranty service for any Product the conditions of return as set out in Section 5.2 - 5.5 must be met.

7. SPECIFIC PRODUCT TERMS

7.1  We currently provide for sale a microphone which can be used in conjunction with our service (“Microphone”). The Microphone may enhance your user experience on the Application and will allow you to access a new “No Voice” feature for a limited period of time where Users can use the Microphone to sing to certain songs without the voice appearing on the song (“Feature”). When buying the Microphone, you accept that the Feature may not be available for all content on the Application due to artist permissions and the content for which it is available may be subject to change.

8. GENERAL

8.1  If we don’t comply with our obligations to you under these Terms or are negligent in providing the services to you, we are responsible for any loss or damage that you suffer that was a “foreseeable result” of such breach or negligence. Loss or damage is a foreseeable result if it is an obvious consequence of our failure to comply with these Terms or if it was contemplated by us and you at the time we entered into the contract. Our liability to you in connection with any order shall not exceed the total price you paid for the Products.

8.2  We only supply Products for your domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

8.3  Please note that we are not responsible for any lack of functionality or failure to provide any of the Services, or content on the Services or any loss of content or data that is due to your equipment, devices or Internet connection.

8.4  Nothing in these terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

8.5  If you buy our Products from Third Party websites, your use of the Third Party websites will be subject to the terms and conditions of the relevant Third Party. We have no control over and are not responsible or liable for any matters relating to your dealings with such Third Party websites.

8.6  These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent.

8.7  If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.

8.8  These Terms and the relationship between you and us and any dispute or claim arising out of or in connection with these Terms or their subject matter or formulation (including non-contractual disputes or claims) shall be governed by the laws of England and Wales. You and we agree to submit to the exclusive jurisdiction of the courts of England and Wales.

8.9  We may amend these Terms at any time by posting the amended terms on our websites and/or by amending the Terms as they are accessed from the Application. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version of the Terms will be included at the top of the Terms page. If you continue to use the Services or you download any content or upgrade any of the Services (as applicable) after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.

8.10  If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you or if we delay in doing so this does not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

8.11  A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any of these Terms.

HOW TO CONTACT US AND FURTHER INFORMATION

You can contact us via post at:
Via Timavo 34, Milan, Italy;
via email at: info@musixmatch.com;