Terms and Conditions of the DigitalMusic.info / DigitalMusic.pl
Terms and conditions (hereinafter "Rules") defines rules of rendering services by Inner-g P.h.u. with the web site DigitalMusic.info / DigitalMusic.pl. Service provided by DigitalMusic.info / DigitalMusic.pl it is verbal- music files providing and selling via the internet. The Rules applies to sale files service by Inner-g P.h.u. to a customer (hereinafter "Customer") with DigitalMusic.info / DigitalMusic.pl.
1. Services of DigitalMusic.info / DigitalMusic.pl
Services rendered by Inner-g P.h.u. with its registered office in Wroclaw, Poland , Kaziemierza Wielkiego 9 consists in providing a music sample and making downloadable music file after the Customer`s payment.
a. When payment is complete, the Customer is given a link to download the purchased file and is entitled to download the file to a hard drive or other storage devices, to make a backup copies of the file on other storage devices which belong to the Customer only, to playback the file without times limit and to convert the file into others file formats.
b. A document confirming file legality is Receipt given by DigitalMusic.info / DigitalMusic.pl. The receipt is downloadable at any time from the Customer`s account with Order History.
2. Conclusion of a contract by purchasing mp3 files from the service
The contract between the Customer and DigitalMusic.info / DigitalMusic.pl is concluded when registration form is filled correctly and the Rules is read and accepted. A consequence of the contract conclusion is creating the Customer`s account. The account allows the Customer to purchase, to pay money to the account and to download purchased products. With acceptance of the Rules the Customer consents to storing personal data.
DigitalMusic.info / DigitalMusic.pl NEVER uses personal data for advertising. Accepting the Rules the Customer consents to receive messages from sponsors and advertisers cooperating with DigitalMusic.info / DigitalMusic.pl to his/her e-mail address. Registering at shop the Customer declares s/he acquaints himself/herself with the Rules and undertakes to obey them.
3. Registering on the service
The Customer declares that data sends via registration form is complete and valid. The Customer can modify or update the data given while registrating anytime. To do this log in an account and select "edit account" button. While registrating the Customer can subscribe to a DigitalMusic.info DigitalMusic.pl`s newsletter. Being subscribed to the newsletter, the Customer agrees to receive commercial information from DigitalMusic.info / DigitalMusic.pl. The newsletter is sent to e-mail address indicated inr egistration form. The newsletter is not obligatory. The Customer creates login and password while registrating. The login and password are used to log in the service. The login and password are determined individually in registration form by the Customer. Correctly logged user obtains an access to his/her account. If the Customer has forgotten his/her password or login s/he can use a remind option or contact the service administration. The Customer declares that his/her account name does not violate right of third party. All disputes connected with this subject should be resolved without the company representing DigitalMusic.info / DigitalMusic.pl. While registrating and purchasing The Customer declares s/he is aware that service rendered by DigitalMusic.info / DigitalMusic.pl cannot be repaid because of its characteristic. The Customer cannot withdraw from the agreement but he can terminate it, according to principles indicated in the Rules.
4. The Customer`s rights and obligations
The Customer undertakes to observe law provisions and principles of the DigitalMusic.info / DigitalMusic.pl Rules. The Customer shall have the right to resign from his/her account at any moment. The account is removed on the Customer request by e-mail or phone to the service`s administration. The Customer within using the service become entitled to audition accessible music samples with audio player which is the part of DigitalMusic.info / DigitalMusic.pl system. Using the samples anyhow else than audition with DigitalMusic.info / DigitalMusic.pl`s player results in payment a fee to an Operator and its cooperated entities and obtaining a permission previously. The Customer shall have right to supply his/her shopping account with payment to Inner-g P.h.u. It results in his/her account balance. Value of account supplies after the payment to a bank account becomes added to the Customer`s account. The payment can be made with credit card or internet money transfer in cooperation with PAYPAL. The Customer receives supplies to his account up to 48 hours since payment to Inner-g P.h.u. is recorded. The Customer shall have right to download purchased music files twice. Then, if downloads are accomplished successfully twice, link is going to be removed. Active links are valid within 21 days. If the Customer does not download purchased files within this period an order becomes "overdue". In individual cases one -off repeated activation for twice download is allowed. In order to do this one should contact shop administration using contact form or e-mail to email@example.com .
The Customer can use the payment service PAYPAL. S/he can choose between credit card (VISA or Mastercard) and quick transfers from PAYPAL. While choosing PAYPAL a fee of 3,5% of order value + 0,35 euro + VAT is charged. Activation of the order is following an answer from PAYPAL. This process is automatic and lasts a couple of minutes. In cases when the PAYPAL needs the card authorisation by banks or for other reasons duration of the process can be extended up to 2 working days. The Customer also can choose between ordinary bank transfer and payment with post service. These transactions are free of handling charge. If payment is done this way the order`s activation (providing a link to download file) follows up to 48 hours after the payment is recorded. Order activations takes place only on working days. The Customer may have free of charge downloads as vouchers called "Promotional account supply". As soon as the Customer is redirected to web site belongs to implementer of online payment the DigitalMusic.info / DigitalMusic.pl shall not be liable for payment fulfilment process and any consequences of it.
6. Liability of DigitalMusic.info / DigitalMusic.pl
a. DigitalMusic.info / DigitalMusic.pl shall have the right to breaks or interruptions in providing services described in point 1. and shall have the right to breaks and interruptions in functioning the DigitalMusic.info / DigitalMusic.pl service if the reason is the necessity of repair, extension of the service, equipment or software maintenance or modifications.
b. DigitalMusic.info / DigitalMusic.pl shall have the right to breaks for reasons not attributable to itself (force majeure, third party activity or its omissions).
c. DigitalMusic.info / DigitalMusic.pl shall not be liable for benefits lost by the Customer or third party caused by aforementioned breaks or interruptions in functioning the service.
d. DigitalMusic.info / DigitalMusic.pl shall not be liable for non-performance or improper performance of rendering services if the provision of the service was non-performed or misperformed despite the DigitalMusic.info / DigitalMusic.pl exercised due care.
e. DigitalMusic.info / DigitalMusic.pl shall not be liable for non-performance or improper performance of rendering services if the reason is attributable to third party (in particular telecommunications operators, telecommunications connections and electricity providers). It applies also to damages done by computer viruses and a similar software.
f. DigitalMusic.info / DigitalMusic.pl shall not be liable for content and character of verbal-music works provided under services described in point 1. DigitalMusic.info / DigitalMusic.pl shall not be liable for loss by the Customer or taking-over by third party (no matter in which way) customer`s login and password needed to use the services described in point 1. DigitalMusic.info / DigitalMusic.pl shall not be liable for damages caused by the Customer`s activities or omissions in particular using the services described in point 1. contrary to regulations in force or contrary to the Rules. DigitalMusic.info / DigitalMusic.pl shall not be liable for damages caused by providing incomplete or untrue data. DigitalMusic.info / DigitalMusic.pl reserves the right to sharing the Customer`s data if the obligation to make the data available to eligible persons arises from current legal regulations.
7. Rendering services agreement terminates due to causes:
a. The Customer`s written declaration sent to company`s correspondence address.
b. Herein agreement termination (remove account) request sent via e-mail to service`s administration.
c. Notification to DigitalMusic.info / DigitalMusic.pl about demand of discontinuation processing personal data contained in registration form which data processing is necessary because of manner the teleinformatic system enables to render services described in point 1. operates.
d. Unilateral decision of DigitalMusic.info / DigitalMusic.pl if the Customer:
- uses the account in a manner contrary to the Rules
- uses or attempts to use the service contrary to its purpose
- breaks into or attempts to break into the service`s servers
8. Contract termination consequences
a. Contract termination for reasons attributable to the Customer shall result in liquidation an account and repayment of account supplies from liquidated account under DigitalMusic.info / DigitalMusic.pl. The repayment is done to a bank account indicated by the Customer. Return bank transfer cost of 5 euro will be deducted from transferred amount.
b. If the Customer caused damage to DigitalMusic.info / DigitalMusic.pl in particular with breaching the provisions of the Rules, DigitalMusic.info / DigitalMusic.pl can keep supplies of the Customer`s account balance until explanation.
9. Proceeding in the case of undesirable activity
If the customer took activities consistent with herein Rules but recognized undesirable by DigitalMusic.info / DigitalMusic.pl, the DigitalMusic.info / DigitalMusic.pl should notice the Customer of occurence of that fact and should send a request of discontinuation the activities. If the Customer does not apply to the request immediately, the contract is ceased and the reason shall be deemed attributable to the Customer.
For rendering service of selling music tracks a repayment or withdrawal of sales agreement is impossible. The customer can lodge a complaint against rendering services about which aforementioned Rules says using a contact form placed in the web site. DigitalMusic.info / DigitalMusic.pl considers the complaints up to 20 working days since receiving the complaint, but the time limit shall be extended if complaint consideration needs more time. DigitalMusic.info / DigitalMusic.pl reserves that the complaint consideration may need acquiring additional explanations of the Customer. Duration of giving explanations by the Customer extends the complaint consideration period. DigitalMusic.info / DigitalMusic.pl informs the Customer about extension of complaint consideration duration, about requirement of giving additional explanations or about refusal to consideration the complaint.
11. Other provisions
The exclusive source of DigitalMusic.info / DigitalMusic.pl`s obligations is the agreement and the Rules constituting an integral part of it.
12. Final provisions
DigitalMusic.info / DigitalMusic.pl reserves the right to change the Rules. The changes come into force the day of actualisation the Rules.
DigitalMusic.info / DigitalMusic.pl gives the Rules with its web site at http://www.DigitalMusic.info/rules.html. The Rules given in this site constitutes the exclusive binding version.