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Music Village Online Terms & Conditions

At Music Village we are completely dedicated to your total satisfaction. We would like your experience with us, particularly on our Web site to be a pleasant and productive one.

THESE TERMS AND CONDITIONS APPLY TO THE ENTIRE CONTENTS OF THIS WEB SITE UNDER THE DOMAIN NAME www.mveducation.com (“WEB SITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE ONLINE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. THIS NOTICE IS ISSUED BY DV247 LIMITED (MUSIC VILLAGE).

Contents

Terms & Conditions of Use

Music Village may revise these terms and conditions at any time by updating this content. Users should check these terms and conditions periodically. Entering the Web site will constitute your acceptance of these terms and conditions, including recent changes, whether or not you chose to review these changes.

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Service Access

While Music Village endeavours to ensure that this Web site is normally available 24 hours a day, Music Village will not be liable if for any reason this Web site is unavailable at any time or for any period.

Access to this Web site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons that are beyond Music Village's control.

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DV Partnerships

At Music Village, "DV Partnership" means that we have teamed up with industry leading companies to bring quality services and products to the consumer. "Partnership" does not mean that we are partners with these companies for legal purposes.

All companies that we feature on our Web site are solely responsible for their own obligations to the consumer. While Music Village is not legally responsible for their obligations, we will assist the consumer in dealing with them should any issues arise.

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Users & Participants

Music Village do not discriminate on the basis of age, race, nationality, gender, sexual orientation or religion. However; persons under the age of 16 should only use the Web site with the consent of their parent or legal guardian. We encourage all parents and guardians to monitor the Internet use of their children. Use of the Web site by any user shall be deemed to be a representation that the user is 16 years of age or older.

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Cookies

"Cookies" are small encrypted data files (containing references to user ID information supplied by the user and stored on our server) that may write to a user's computer hard drive upon accessing a Web site. Digital Village employ cookies to enhance a user's shopping experience. Cookies are used to keep track of a user's shopping cart status and movement through the site. Music Village also employ persistent cookies to save a user's identification number upon their request. This is done by selecting the 'Remember Me' function at the checkout stage. Do not use this feature if you share your computer. Most web browsers automatically accept cookies, but if you do not want to accept a cookie, you can set your browser to deny it. With cookies disabled, you can view the Music Village Web site but you cannot make any purchases or use your shopping cart. You can find out more about the use of cookies at www.cookiecentral.com. To learn more about how Music Village protect all customer information, please refer to our Privacy Statement.

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Trademarks, Copyrights & Restrictions

This Web site and all materials on it, including, but not limited to, images, illustrations, posts, audio clips, video clips are the sole property of Digital Village and its partners, affiliates and licensors and are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by Music Village, its partners, affiliates and licensors and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any materials from www.mveducation.com, or any other Web site owned or operated by Music Village without the prior written permission of Music Village. However, you may download or make one copy of the materials and other downloadable items displayed on the Web site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the materials are left intact. Any modification of the materials, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of these terms and conditions and Music Village's copyrights and other proprietary rights. Use, reproduction or storage of these materials on any other Web site or any public or private retrieval system or service is prohibited without prior written permission from Music Village. If you breach any of these terms and conditions, your permission to use this Web site automatically terminates and you must immediately destroy any downloaded, printed or archived extracts or material from this Web site.

Any rights not expressly granted in these terms and conditions are reserved.

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Links

Music Village is in no way responsible for the content of any Web sites that may be linked to or from www.mveducation.com whether associated with Digital Village or not. These links are provided for the user's convenience only and the user accesses them at their own risk. Any other Web site accessed from this Web site is independent from Music Village, and we have no control over the content of these other Web sites. In addition, a link to any other Web site does not imply that we endorse or accept any responsibility for the content or use of such other Web sites.

If you would like to link to this Web site, you may only do so on the basis that you link to, but do not replicate, the home page of this Web site, and subject to the following conditions:

a. you do not remove, distort or otherwise alter the size or appearance of the Music Village logo;

b. you do not create a frame or any other browser or border environment around this Website;

c. you do not in any way imply that Music Village is endorsing any products or services other than its own;

d. you do not misrepresent your relationship with Music Village nor present any other false information about Music Village;

e. you do not otherwise use any Music Village trade marks displayed on this web site without express written permission from Music Village;

f. you do not link from a web site that is not owned by you; and

g. your web site does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Music Village expressly reserves the right to revoke the right granted above for breach of these terms and conditions and to take any action it deems appropriate.

You shall indemnify Music Village for any loss or damage suffered by Digital Village or any of its group companies for breach of the above.

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Privacy Issues

Music Village takes the privacy of its customers very seriously. Please review our Privacy Statement.

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Product & Services Information

Most products (and some services) offered on our Web site are available in selected Music Village stores throughout the U.K. Mainland, however, prices and availability may vary. Prices shown on the Web site apply to the products and services on the Web site and may change at any time without notice. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item concerned. All prices are quoted in UK pounds sterling and are inclusive of VAT unless otherwise stated. You will be charged in UK pounds sterling.

Sales to destinations not within our list of shipping countries will only be accepted with prior arrangement with our export division and will be subject to pre-payment and a minimum export sale order value of £250 excluding UK VAT.

If you have chosen to display the price online in Euros or US Dollars you will be charged and invoiced in UK pounds sterling as we do not accept foreign currency. At the point of payment, your card issuing bank will convert the amount paid in UK pounds to Euros / US Dollars using their current exchange rate. Please bear in mind our Euros / US Dollar display is a guide and that your bank exchange rate may be different to our online display which will reflect on your card statement.

We do not discriminate between consumers who can access this Web site and those that prefer to grace one of our stores. Our stores will almost always endeavour to match the price of a product or service that is published on the Music Village Web site.

We always attempt to display products on our Web site in an accurate manner, however, because of the technical differences in the equipment of users, we cannot be responsible for photographic differences in size, shape and colour of products.

The receipt of an email order confirmation from Music Village indicating that a transaction has been authorised is simply a recognition that we have received the consumer's requested order. The display of goods for sale on the Web site constitutes a mere invitation to treat. There will be no contract between Music Village and the consumer until we actually despatch the goods to you (or in the case of pre-payment when payment is received by Digital Village). At any point up until then, we may decline to supply the goods without giving reason. At the moment that the goods are dispatched (or in the case of pre-payment, payment is received by Music Village), a contract will be made between Music Village and the consumer. Due to the technical complexities associated with trading online, Music Village currently takes payment immediately by authorising and settling all transactions immediately after the customer's address has been verified by their issuing bank. If a product is not available to dispatch at the time of the order, the payment taken will be regarded as a prepayment. When the order has been processed the customer is then billed accordingly.

Music Village reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. In any such event the consumer will be refunded immediately.

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Product Guarantees

All goods are supplied with a 12 month manufacturer warranty unless specified otherwise.

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Payment

We accept Visa credit and debit cards including Electron, MasterCard, Eurocard, Maestro, Switch, Delta & Solo. Please note that non-UK shipping costs may vary depending on location and the size and weight of the goods. You will be contacted should this situation arise.

If you do not fully authenticate your card then it must be registered in the country that you wish to ship the order to.

You will be charged in UK pounds sterling. An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, miss-priced or cleared funds are not received.

Music Village currently takes payment immediately by authorising and settling all transactions as soon as the customer's address has been verified by their issuing bank. If a product is not available to dispatch at the time of the order, the payment taken will be regarded as a prepayment.

In the interests of preventing fraudulent use of credit, debit and charge cards, Music Village will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the www.mveducation.com website you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.

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Delivery & Stock Availability

If there are any problems processing your order you will receive an email or telephone call from our service team.

Orders placed Monday to Friday

Usually, orders are despatched within 2 working days of receipt of your order however, orders placed after 2pm on Fridays or over the weekend are processed the following Monday.

Orders placed on a Saturday or Sunday

Please do not email or call us on Monday morning for delivery details. All orders placed after 2pm on a Friday are processed the following Monday. If all the items ordered are in stock the earliest delivery would be the following Tuesday (within 2 working days). If there are any problems processing your order or if any items are out of stock, you will receive an email or telephone call from our sales team advising you as soon as possible.

Upon receipt of your order you must sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

Stock Levels

Orders are subject to availability and the stock listing of a product on our web site does not guarantee stock availability for your order. We do however, try to represent accurate stock availability information on our site at all times.

If the product/s are in stock

If all of the contents of your order are in stock and the order is placed before 2pm, goods will normally be shipped the same day. You will receive an email advising you of its despatch and the delivery details. Your order status will change to ‘Shipped’ when one or more of your ordered items has been dispatched from one of our warehouses. You can track each shipment by clicking on the tracking number.

Can I track my order?

We advise all customers to Log-in to our site and view their order status records. Your order status will change from 'New' to 'Confirmed when item/s are picked from our warehouses to dispatch. The status will change once more, to ‘Shipped’, when one or more of your ordered items has been dispatched from one of our warehouses. Some items are sent together on one tracking number, others may be packaged separately or dispatched from different warehouses. You should therefore, track the shipment/s by clicking on the tracking number/s. You will also be sent a shipment email on the day we dispatch all or part of your order. We use a UPS 'next working day' delivery service. Please contact us if you have not received your UPS delivery within 48 hours of receiving the UPS shipment notification email (Friday shipments can be expected from the following Monday). We cannot help you with a non-delivery issue beyond this 48 hour period.

If the product/s are out of stock

If your order contains any products that are not in stock you will be contacted by a member of our service team with a supply date (ETA) when an ETA becomes available.

Please note that our European shipping charges cover one consignment only. With this in mind we do not part ship to non-UK addresses.

Music Village currently takes payment immediately by authorising and settling all transactions as soon as the customer's address has been verified by their issuing bank. If a product is not available to dispatch at the time of the order, the payment taken will be regarded as a prepayment.

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Cancellation Procedure & Returns Policy

The first 7 days of your warranty: "No Quibble" return option

When purchasing goods or services from this website your contract is with Music Village. All goods and services are sold in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334). This regulation essentially ensures that the consumer is given clear information about the goods and services the supplier is offering, is provided with an order confirmation via email and has a "cooling off" period of 7 working days after the day of delivery - during which time the consumer may cancel the contract by notifying the supplier of their request to cancel either in writing or by email. To cancel this contract or report a fault, please notify us in writing or by email. A telephone call is not sufficient unless both you and Music Village agree otherwise. This law also assumes that the consumer has a duty of care for the products during the cancellation period and while the goods are in their possession. Goods should be returned with the original packaging as received complete 'AS SOLD' and in 'AS NEW' condition (if the packaging has been opened to examine the product/s we advise that it is done so without damaging the packaging or the product/s in any way). Please Note: Music Village has the right to terminate the contract in the event that the goods are unavailable, miss-priced or cleared funds are not received.

Please note that cancellation of contracts for the purchase of copyrighted goods (all software, media and sample CDs) cannot be accepted where the item has been unsealed. Goods ordered specifically to meet a consumers requirements plus contact products such as Microphones/Brass/Woodwind/in-ear systems are non-returnable and excluded from the "cooling off" period/return option.

Music Village are particularly concerned with your complete satisfaction. Therefore in addition to these regulations, if within 7 days of purchase, the consumer wishes to return goods to us for reasons of incompatibility or they are not satisfied with the goods, subject to the previous exclusions, Music Village will refund the consumer provided the goods are returned to us in an undamaged and saleable condition. The consumer is under a duty to restore goods to us and to maintain them in the condition in which they were supplied by us. If goods are damaged or not saleable as new, Digital Village reserves the right to seek recompense.

The consumer will be responsible for the cost of and return arrangements of any goods to us, under the "7-day no quibble return option". Music Village strongly recommend that if returning goods by their own means, that customers use an insured courier service, as Music Village will not be responsible for the goods until they have been checked and signed for. Music Village will pay and arrange a collection from you if you report a product fault during the initial 7 day period and the goods prove to be faulty. Similarly, in the case of returns/complaints that can be attributed to an error by Digital Village, Music Village will cover the cost of collecting goods during the "7-day no quibble option" period. Please inform us (in writing with the returning product/s) of the reason for which the goods are no longer required or wanted.

Beyond the 7 day "no quibble" warranty period

All Music Village products are covered by a standard one year warranty. If a fault should occur with your product after the first 7 days of receipt, you may wish to take your product to an authorised repair centre (with a copy of your online receipt from us) or you may wish to return the product/s, with a copy of your online receipt and full fault description, to our returns department. Our returns department can send your faulty product/s to the manufacturer or authorised service centre on your behalf. In other words, goods being returned must be shipped entirely at the expense of the customer and by their own means. Please inform us (in writing with the returning product/s) of the fault with the product/s. If the product is found to be faulty and is within the manufacturers warranty period we will repair it free of charge and return the product/s to you. If we or the manufacturer are unable to repair your product within 30 days of its receipt by us we will offer you the choice of a full refund or to supply you an alternative product equivalent.

To obtain a returns authorisation please email webreturns@digitalvillage.co.uk

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Exclusion of Expressed or Implied Warranties

Whilst we take the utmost care to ensure complete compatibility between hardware and software products and endeavour to configure all equipment to the consumer's requirements, due to the frequent changes and continual upgrading of software and associated drivers we are unable to guarantee compatibility between the two. Should however, a compatibility problem arise we will endeavour to solve the problem, but in the event that we are unable to do so we cannot accept any liability for consequential loss.

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Conduct Of Users

You the user are entirely responsible and liable for all activities conducted by you. In addition to the guidelines listed above, below are some, though not all, violations that may result in the termination of your access. By using the Web site, you are agreeing to the following rules of conduct as well as the guidelines set forth above. You agree not to do any of the following actions while using the Web site:

a. harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;

b. transmit via or through the Web site any information, data, text, files, links, software, chat, communication or other materials that Music Village considers to be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable;

c. attempt to transmit any "virus","trojan horse","worm" or other software destruction or disruption device;

d. impersonate any other person, including but not limited to, technician, expert, guide, host or employee of Music Village;

e. intentionally or unintentionally violate any applicable local, national, European or international law while using or accessing the Web site or in connection with your use of the Web site, in any manner;

f. invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; and

g. You may not misuse the Web site in any way (including, without limitation, by hacking).

Music Village will fully co-operate with any law enforcement authorities or court order requesting or directing Music Village to disclose the identity or locate anyone posting material in breach of the above terms and conditions.

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Web site Content

You the user of the Music Village Web site must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any content. Music Village shall have the right, but not the responsibility, to remove content that is deemed, in its sole discretion, unlawful, discriminatory, obscene, harmful, offensive, inaccurate or otherwise in violation of this Agreement or any rules Music Village has in place at the time. We may elect, in our sole discretion, to monitor some, all, or no areas of the Web site for adherence to this Agreement or Music Village's rules.

While we take every measure to ensure that product and service information on our Web site is accurate and correct, we are also human and will undoubtedly make a mistake or two. In the opinionated world of music production we cannot guarantee that the information on this site always reflects the advice or opinions of our highly trained staff. The results of any actions you take based on the advice found on this Web site are your responsibility alone.

Music Village does not warrant the accuracy and completeness of the material on this Web site. Music Village may make changes to the material on this Web site, or to the products and prices described on it, at any time without notice. Some of the material on this Web site may be out of date, and Digital Village makes no commitment to update such material.

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Disclaimers And Indemnity

By using the Music Village Web site and / or posting materials, you the user agree to indemnify Music Village, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including legal fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user name and / or password). You agree to cooperate as fully as reasonably required in the defence of any claim. Music Village reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

The information contained in this Web site is for general guidance on topics selected by Music Village. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Web site. The information on this Web site is provided with the understanding that Music Village and various authors and publishers' providing such information are not engaged in, and that providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Web site should not be relied upon or used as a substitute for consultation whether by telephone, email or in-person with an employee of Music Village.

The material on this Web site is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Music Village provides you with this Web site on the basis that Music Village excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which but for these terms and conditions might have effect in relation to this Web site.

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Limitation of Liability

MUSIC VILLAGE, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEB SITE) AND ANY OF MUSIC VILLAGE’S GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THIS WEB SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE OR THE MATERIAL ON SUCH WEB SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE.

IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF.

SUBJECT TO THE PARAGRAPH BELOW, MUSIC VILLAGE’S TOTAL LIABILITY IN CONTRACT, TORT, (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION OR OTHERWISE, ARISING IN CONNECTION WITH GOODS PROVIDED UNDER THE CONTRACT SHALL BE LIMITED TO THE PRICE OF THE GOODS PAID BY THE CONSUMER TO DIGITAL VILLAGE. MUSIC VILLAGE SHALL NOT BE LIABLE TO THE CONSUMER OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER OR HOWSOEVER CAUSED WHICH ARISE OUT OF OR IN CONNECTION WITH THE CONTRACT AS DETAILED IN THESE TERMS AND CONDITIONS.

NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT MUSIC VILLAGE’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR (IV) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Impossibility of Performance

Music Village shall be relieved of its obligations to perform the contract to the extent that the performance thereof is prevented by fire, industrial dispute, war, labour disturbance or causes beyond our reasonable control.

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Proper Law of Contract

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

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Comments, Questions & Complaints

We welcome your feedback about the Music Village Web site. However, any comments, ideas, notes, messages, suggestions or other communications sent to us regarding the Web site and / or the products and services we provide shall be and remain the exclusive property of Music Village, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. We will always - as a matter of courtesy request your permission before publishing such feedback in any publications available to the general public or on the Music Village website.

Should you have any questions or complaints regarding this agreement, or any other aspect of the Music Village website then please do not hesitate to contact us.

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