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 WHITE RABBIT
RECORDS 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.
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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 or if there are system incompatibility issues
with hardware and software supplied by Music Village. 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.