TERMS OF SERVICE
1.1 Please read these Terms of Service carefully before using our website. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, and/or contributors of content.
1.2 This Agreement is governed by the law of England and Wales, and is subject to the non-exclusive jurisdiction of the courts of England and Wales.
1.3 This website or portal is operated by TimbaMerchant Ltd, registered as a limited company number 11199714 in England and Wales, VAT reg 262026435. Throughout these terms, “we”, “us”, “our” and “timbamerchant” refer to TimbaMerchant Ltd.
1.4 “You”, “your”, “the user” and “the customer” refer to users of the TimbaMerchant.net portal and purchasers of its products.
1.5 TimbaMerchant offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. TimbaMerchant web site is hosted on Cloudways which provides us with the online e-commerce platform that allows us to sell our products to you.
1.6 If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
1.7 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 2 – ONLINE STORE TERMS
TimbaMerchant’s Digital Service
2.1.1 TimbaMerchant.net portal makes available to its users a selection of audio file fragments which may be listened to without charge for demonstration purposes.
2.1.2 Complete song audio files or collections of such files may be downloaded (called “download/s”) following successful payment through the portal.
2.1.3 Our receipt of payment for digital/and or physical product in any combination will be deemed a Contract.
2.1.4 Upon payment of the stated price for each download the customer can download those audio files they have selected from the portal.
2.1.5 Downloads purchased under the contract will be non-refundable and non-exchangeable. In the event of you experiencing difficulties downloading your purchased audio files, you may contact firstname.lastname@example.org specifying the nature on any problems. Support requests must be received within ten days of the Contract being made. Support may be given if requests are received after ten days of the Contract being made at TimbaMerchant’s sole discretion.
2.1.6 You agree to provide current, complete and accurate purchase and/or account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
2.1.7 It is your responsibility to ensure you have the necessary and functioning hardware and software for the operation of this service and use of its digital or physical goods. TimbaMerchant Ltd will not be held liable should you not ensure this.
2.1.8 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.
2.1.9 The downloads sold by timbamerchant.net are protected under copyright law and other applicable regulations regarding ownership, right of commercial or other use. The Customer has the right to copy and change the storage format of downloads exclusively for their own private use.
2.1.10 Purchases through TimbMerchant.net portal allows the customer non-exclusive use of digital product. The transfer by the customer of downloads purchased from our service to third parties, whether for payment or not, is expressly forbidden under copyright law.
2.1.11 Audio files purchased through this service may be repeatedly downloaded for as long as TimbaMerchant Ltd is licensed to market them. To do this the customer must log in to their account at timbamerchant.net and look for their downloads or follow the link on the sales acknowledgement email sent to you at the time of your purchase.
2.1.12 WAV audio files are supplied in 16 bit per sample 44,100 Hz format.
2.1.13 MP3 standard format is 320kbps. Many are supplied by default in VBR (variable bit rate) 0, 220-260kbps. This is arguably a superior format to 320kbps but all VBM files can be supplied as 320kbps by request to email@example.com
TimbaMerchant’s CD Mail Order Service
2.2.1 Physical music CD’s can be ordered by making a successful payment through the portal. As per 2.1.3 above, our receipt of payment will be deemed a contract.
2.2.2 Physical CD’s will be dispatched to the customer by an insured mail or courier service.
2.2.3 Compact Discs are supplied new unless otherwise stated.
2.2.4 In the event of CD(s) being unavailable TimbaMerchant Ltd will notify you at the email address you have supplied at the time of purchase and issue you a refund to the value of the unavailable product and any applicable postage and packing charges.
2.2.5 Prior to dispatch, in the event of our discovery that your ordered CD/s does/do not meet the standards of its product description in the portal, for example it lacks film wrapper when advertised as “new”, TimbaMerchant Ltd will email you at the address you have supplied to find out if the product is acceptable to you in its actual condition. If no answer is received within ten days a refund for you order, or part thereof, will be made, to include any adjustment for postage.
2.2.6 TimbaMerchant Ltd will make reasonable effort within its power to ensure physical product arrives with the Customer in the condition described on the TimbaMerchant portal.
2.2.7 In the event of loss of or damage to physical product during transit, we will email the customer any details or information we hold that will facilitate their claim against the courier or mail service for compensation. TimbaMerchant Ltd will claim on the customer’s behalf only where our contract with a courier or mail carrier obliges us to do so, or at our discretion.
2.2.8 TimbaMerchant Ltd undertakes to replace CD’s or offer a refund where replacement is not possible only when-
The CD is advertised as “new” but does not play on appropriate equipment or has significant scratches to the CD, or tears to any card cover or paper/card inserts.
A used or unwrapped CD does not play on appropriate equipment.
The CD is physically significantly not as described in its product page on the portal.
2.2.9 Due to their fragility TimbaMerchant Ltd will not accept responsibility for or replace broken or damaged CD jewel cases or offer any compensation should they arrive damaged to the customer.
2.2.10 TimbaMerchant Ltd will gladly answer any email queries sent to firstname.lastname@example.org regarding the condition of used CDs/CDs without cellophane wrappers.
2.2.11 9 The CD’s provided by timbamerchant.net are protected under copyright law and any other applicable regulation regarding ownership, right of commercial or other use. The Customer has the right to copy CD’s and change the storage format of audio files contained therein exclusively for their own personal use.
2.2.12 The copying and dissemination of recorded CDs purchased through the service or of audio files contained therein, for payment or not, is expressly forbidden under copyright law.
Shipping charges and refunds:
2.2.13 We always give you the lowest cost insured shipping we can find. However, when you order more than one CD, weight and insurance variables make it difficult to show the real cost of shipping at checkout. Your shopping cart and checkout will show you the most you will pay.
If we are able to combine shipping on multiple CDs at less expense, we will refund you the difference after all our expenses. This difference can be considerable for orders of 6 CDs or more.
If you want to know the real cost of your shipping just contact us and tell us the CDs you want and where you want them sent.
2.3.1 Payment through the TimbaMerchant.net portal will be deemed a Contract and the Customer’s acceptance of its terms.
2.3.2 Methods of payment are those available at the Timbamerchant.net portal.
2.3.3 The Customer is required to spend a minimum amount per transaction, currently £4 or equivalent in other accepted currency. This minimum spend may be the sum of stated prices of any physical or digital product in the portal, excluding postage and packing.
2.3.4 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws.
2.3.5 All music, whether download or recorded CD is sold only for private use.
2.3.6 A breach or violation of any of the Terms may result in an immediate termination of your Services.
2.3.7 Prices for our products are subject to change without notice.
2.3.8 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
2.3.9 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
2.3.10 The customer uses our services at their own risk. TimbaMerchant Ltd will not be deemed liable for resulting, incidental, indirect or any other damage, including damages caused by loss of income, stoppage of business activities, computer malfunctioning, hardware or software problems, loss of information or data or any other damage suffered by the customer while using our Service.
2.3.11 TimbaMerchant Ltd has no control over the content marketed through its internet portal timbamerchant.net and shall be rendered harmless for the material received through this Service.
SECTION 3 – GENERAL CONDITIONS
3.1 You must not transmit any worms or viruses or any code of a destructive or malicious nature.
3.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 4 – COMPLETION OF CONTRACT
4.1 The customer is required to enter all data accurately and completely in the fields provided in the checkout page/s. This data is checked by the payment service and if accepted payment is taken and a contract completed.
4.2 The customer will be emailed a proof of purchase document to the address they have supplied. Sending proof of purchase is dependent upon the customer providing a valid email address at the time of purchase.
SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
5.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk.
5.2 This site contains certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 6 – PRODUCTS OR SERVICES
6.1 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.2 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by copyright abusers.
SECTION 8 – OPTIONAL TOOLS
8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
8.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
9.1 Certain content, products and services available via our portal may include materials from third-parties.
9.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
10.1 If, at our request, you send certain specific submissions (for example product reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence unless specifically requested by the user at the time of submission; (2) to pay compensation for any comments; or (3) to respond to any comments.
10.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
10.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
12.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
12.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
13.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
14.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
14.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
14.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
14.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
14.5 In no case shall TimbaMerchant Ltd or its directors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
15.1 You agree to indemnify, defend and hold harmless TimbaMerchant Ltd and our affiliates, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
16.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
17.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
17.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
17.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
18.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
18.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
18.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – CHANGES TO TERMS OF SERVICE
19.1 You can review the most current version of the Terms of Service at any time at this page.
19.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
All queries regarding any matter should be sent to us at email@example.com