Pre-order terms and conditions
1.1. The definitions and rules of interpretation in this condition apply in these conditions.
1.2. Company: M sp. z o. o. in Poland with registered address at ul. Smulikowskiego 6/8, 00-389 Warszawa and with registered numbers: KRS 0000645363, NIP 5252683047, REGON 365792946.
1.3. Contract: any contract between the Company and You for the sale and purchase of any Products which shall incorporate these Terms.
1.4. Delivery: delivery of the Products at the address specified in the Order.
1.5. IP Rights: all intellectual property rights of any description in the Products including without limitation patents, rights to inventions, copyright and related rights, moral rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
1.6. Order: the offer made by You via the Website to purchase one or more Products from the Company including Pre-Orders where applicable.
1.7. Pre-Order: the offer made by You via the Website to purchase one or more Products that are not yet available for delivery from the Company.
1.8. Products: the goods offered for sale via the Website as specified thereon, (each a “Product”).
1.9. Terms: these terms and conditions of sale for customers purchasing via the website at www.musiconclub.com.
1.10. Website: the website at www.musiconclub.com and any other website published by the Company from time to time.
1.11. You: the person using the Website and/or making an Order to purchase any Products.
2. ABOUT THESE TERMS
2.1. These Terms set out the terms on which the Company provides the Website and offers for sale any Products to You and on which You agree to use the Website to make Orders. These Terms apply to all Orders made via the Website.
2.2. Please review these Terms carefully and make sure that You understand them before using the Website and/or making an Order. If You do not agree to these Terms, You must cease use of the Website and must not make an Order through the Website. Please download a copy of these Terms and retain for your records,
2.3. By using the Website and/or making an Order, You accept and agree to be bound by these Terms.
2.4. The Company may at any time modify these Terms. The Company will notify You of any changes to these Terms by posting a notice on the Website. By continuing to use the Website and/or making any Order after changes to these Terms are made and published on the Website, You agree to be bound by such changes.
2.5. If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel as a result of any changes to these Terms, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
2.6. Every time you order Products from us or otherwise interact with us (including without limitation in uploading any Content to the Website), the Terms in force at the time of your order will apply to the Contract between you and us.
3. MAKING AN ORDER FROM THE WEBSITE
3.1. If you are a consumer, you may only purchase Products from our Website if you are at least 18 years old.
3.2. If you are not a consumer (i.e. you are a business customer), you confirm that you have authority to bind any business on whose behalf you use the Website to purchase Products.
3.5. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
4. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
4.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2. You may make an Order or Pre-Order to purchase one or more Products from the Company via the Website. You can select the type and number of Products You wish to purchase. You can also select the currency in which You wish to pay and the region to which the Product(s) will be delivered. An additional fee will be added to the cost of the Products to cover the additional cost of delivering to Your location. Due to certification restrictions, we may not be able to deliver to your jurisdiction. We will publish a list of jurisdictions to which we are unable to deliver.
4.3. You will be directed to the checkout (which is operated by our payment services provider). At checkout, You will be required to provide certain information and to pay for the Order (or Pre-Order).
4.5. The Company will not be provided with Your debit or credit card or bank account details.
4.6. After you place an Order or Pre-Order, you will receive an e-mail from us acknowledging that we have received your order, this means that your Order or Pre-Order has been accepted.
4.7. The Company is under no obligation to accept any Order or Pre-Order
4.8. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. YOUR CONSUMER RIGHT OF RETURN AND REFUND [This clause 5 only applies if you are a consumer.]
5.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Rights Directive (2011/83/EU) during the period set out below in clause 5.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
5.2. Your legal right to cancel a Contract starts from the date on which we e-mail you to confirm our acceptance of your order, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
5.2.1. Your Contract is for either of the following:
18.104.22.168. one Product which is delivered in instalments on separate days.
22.214.171.124. multiple Products which are delivered on separate days. Your Contract is for the regular delivery of a Product over a set period.
(i) The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
(ii) The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
5.2.2. To cancel a Contract, you just need to let us know that you have decided to cancel.
126.96.36.199. You can e-mail us at the email: firstname.lastname@example.org. If you are e-mailing us or writing to us please include details of your order to help us to identify it including the order reference number. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you e-mail us before 6pm CET on that day.
5.2.3. If you cancel your Contract we will:
188.8.131.52. refund you the price you paid for the Products on condition that the Products have not been used (including without limitation any tags being removed) and are returned to us in their original packaging. In the event that we consider in our reasonable discretion that your use or handling of the goods has reduced their value, we may reduce the amount of the refund to reflect this diminution in value. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way or otherwise used them, you must pay us an appropriate amount.
184.108.40.206. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not arranged for our shipping
(ii) if you have not received the Product or you have received it and we have company to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 5.8; offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
5.3. If you have returned the Products to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
5.4. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we will refund you in vouchers for the portion of the cost of the Products for which you used vouchers.
5.5. If a Product has been delivered to you before you decide to cancel your Contract:
5.5.1. then you must return it to us at M sp. z o. o., ul. Smulikowskiego 6/8, 00-389 Warsaw, Poland without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
5.5.2. unless the Product is faulty or not as described (in this case, see clause 5.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
5.6. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 5 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.7. For the avoidance of doubt, the Company will not refund any taxes and duties required on or for or in relation to the importation of the Products into your jurisdiction.
5.8. We strongly advise You to send all returned items by a secure signed for service. Any returned items must be insured for the full amount of the sum paid and signed for on delivery.
5.9. The Company shall not be responsible for any lost or damaged Products. Therefore, You are advised to retain the proof of postage certificate for any Products returned.
6.1. The Price for any Product shall be the Price set out on the Website and also in the order summary displayed on the left hand side of the checkout page. Delivery charges are included in the Price of the Product(s) showed on the checked out page and are dependant on You correctly selecting the region to which delivery must be made prior to checkout on the Website.
6.2. In the event that You select the wrong region for delivery on the Website, You will be required to pay an additional sum on demand prior to delivery taking place.
6.3. If You require delivery of the Products to a location outside of the European Union, You are responsible for, and shall pay promptly as required, all taxes and duties required on or for or in relation to the importation of the Products into the relevant jurisdiction.
7.1. The description of any Product shall be as set out on the Website.
7.2. The Products are intended for use by children aged 3+ under adult supervision. Some Products contain small moveable parts which could be swallowed by children. You are advised to supervise children at all times and to prevent children from attempting to dismantle any Product.
8.1. The Company uses postal and courier services to deliver Products. Products will be delivered to the delivery address stated in the Order. You are responsible for ensuring that You give the correct delivery address.
8.2. Occasionally (for example where You have made a Pre-Order) Your address may change between the date of the Pre-Order and the date of delivery. In such circumstances, the Company may in its sole and absolute discretion agree to deliver the Product(s) to a new address. You will be required to sign a waiver and disclaimer which authorises the Company to deliver to the new address and waives any rights You may have to require a refund of the Price by reason of non-delivery to the original stated address.
8.3. You will be required to pay any additional delivery charge incurred in changing the address (for example if the new region for delivery is different to that originally stated). In the event that any new delivery address is in a region where the cost of delivery is less than that originally stated, You will not be entitled to any refund of the excess delivery cost.
8.4. Products that are the subject of a Pre-Order are not available for delivery. They will delivered once the relevant Product has been manufactured.
8.5. The Company makes Products by hand and so Products which are ordered may not be in stock at the time of ordering. The Company will provide an estimate as to when it will be able to dispatch ordered Products. These estimates are not binding on the Company. Time shall not be of the essence in relation to delivery of Products. The Company is not liable for any delays caused by postal or courier services.
8.6 The Company shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products, or by non-delivery of the Products (even if caused by the Company’s negligence), nor shall any delay entitle You to terminate or rescind the Contract unless such delay exceeds 60 days from the estimated delivery time confirmed to You in writing by the Company at the time of creation of the Contract.
8.7. The Company may deliver the Products by separate instalments.
9.1. Risk in the Products shall pass to You at the time of Delivery.
9.2. Ownership of the Products shall not pass to You until the later of:
9.2.1. the Company receiving in full (in cash or cleared funds) all sums due to it in respect of the Products and any postage and insurance costs; and Delivery.
The Company shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Company.
10. OUR LIABILITY IF YOU ARE A BUSINESS [This clause 10 only applies if you are a business customer.]
10.1. We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
10.2. Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
10.3. Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.4. Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
10.5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes and we will not be liable for damage incurred in the use of the equipment.
11. OUR LIABILITY IF YOU ARE A CONSUMER [This clause 11 only applies if you are a consumer.]
11.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
11.4. Notwithstanding the foregoing, you are reminded that we are not responsible for any injury you or a child suffers as a result of using any Products.
12. EVENTS OUTSIDE OUR CONTROL
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
13.1. Except to the extent required by law, the Company gives no warranties as to quality, durability or suitability for purpose of the Products.
14. IP RIGHTS AND CONFIDENTIALITY
14.1. Nothing in the Contract transfers ownership of, or grants any rights over, IP Rights to You, which You acknowledge are the sole property of the Company.
14.2. The IP Rights in the Products are licensed under a creative commons licence which specifically prohibits commercial use.
14.3. You undertake to the Company:
(a) not to copy, alter, redesign or attempt to reverse engineer, the Products in any way involving (whether directly or indirectly) a commercial purpose;
(b) not to disassemble, take apart or otherwise alter the Products; and
(c) not to resell the Products.
14.4. You undertake to communicate promptly to the Company any proposals or suggestions for improvements or adaptations to the Products, and not otherwise to communicate or seek to utilise such matters either directly or indirectly. Any IP Rights resulting from such communication shall be the sole property of the Company.
14.5. The names of the Products and all the graphics, logos, icons and service names related to the Products and/or the Website are registered and unregistered trademarks or trade dress of the Company. They may not be used without the Company’s prior express written permission.
14.6. All other trademarks not owned by the Company that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the Company.
14.7. We are and our licensor(s) are the sole owners of the Website, which includes any software, domains, and Content made available through the Website.
14.8. Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without our prior express written consent.
14.9. Any unauthorised use of the Website will result in the automatic termination of the limited license granted by us. We reserve the right to terminate the limited license without notice at any time following an unauthorised use by you of the Website.
14.10. Our name and our graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress. They may not be used without our prior express written permission.
14.11. All other trademarks not owned by us that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.
15. YOUR CONDUCT
15.1. By downloading and/or using the Website, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
15.2. You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms.
15.3. You also agree not to:
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
(b) attempt to gain access to secured portions of the Website to which You do not possess access rights;
(c) impersonate any other person while using the Website;
(d) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(e) resell or export the software associated with the Website;
(f) use the Website to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
15.4. Whenever You make use of a feature that allows You to upload Content to the Website, or to make contact with other users of the Website, You must comply with the Content standards set out in herein.
15.5. You warrant that any such contribution does comply with those standards, and You will be liable to us and indemnify us for any breach of that warranty. If You are a consumer user, this means You will be responsible for any loss or damage we suffer as a result of Your breach of warranty.
15.6. Any Content You upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in Your Content, but you are required to grant us and other users of the Website a limited licence to use, store and copy that Content and to distribute and make it available to third parties.
15.7. We also have the right to disclose Your identity to any third party who is claiming that any Content posted or uploaded by You to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
15.8. We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by You or any other user of the Website.
15.9. We have the right to remove any posting You make on the Website if, in our opinion, Your post does not comply with the Content standards set out in herein.
15.10. The views expressed by other users on the Website do not represent our views or values.
15.11. You are solely responsible for securing and backing up your Content.
15.11.1. These Content standards apply to any and all material which You contribute to the Website (“Content”), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Content as well as to its whole.
(a) be accurate (where they state facts).
(b) be genuinely held (where they state opinions).
(c) comply with applicable law in the Poland and in any country from which they are posted.
Content must not:
(a) contain any material which is defamatory of any person.
(b) contain any material which is obscene, offensive, hateful or inflammatory.
(c) promote sexually explicit material.
(d) promote violence.
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) infringe any copyright, database right or trade mark of any other person.
(g) be likely to deceive any person.
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) promote any illegal activity.
(j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) give the impression that they emanate from us, if this is not the case.
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
15.11.2. By uploading any Content to the Website containing images of children, you represent and warrant that you received the written consent of the parent or guardian of each child visible in such Content to the use of the Content on the Website. You hereby agree to indemnify us against any action, claim, loss or damages incurred by us as a result of any breach of the above warranty.
16. THE COMPANY’S RIGHTS
16.1. In providing You with access to the Website and permitting You to make Orders for Products via the Website, the Company reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website You grant to the Company and agree that the Company shall have the following rights:
(a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in the Company’s sole and absolute discretion You violate or breach any of these Terms;
(b) the right to remove any Product from sale without giving You notice or any reason;
(c) the right to cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances the Company shall refund such part of the Order as has been cancelled by it;
(d) the right to amend or update the Website, prices of any Products, billing methods or these Terms from time to time;
(e) the right to report You to the police or other judicial body if the Company believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Products or otherwise) is or may be unlawful.
17. ELECTRONIC COMMUNICATIONS
17.1. By downloading and/or using the Website and/or making any Order through the Website, You consent to receiving electronic communications and notices from the Company. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
19.1. The Company may change or discontinue the availability of the Website and at any time without prior notice. The Company reserves the right to terminate these Terms for any reason, without notice, and these Terms shall automatically terminate in the event that You violate any of the Terms set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website and will not make any Order.
20.1. The Company may assign the Contract or any part of it to any person, firm or company.
20.2. You may not assign the Contract or any part of it without the prior written consent of the Company.
21.1. These Terms are agreed between You and the Company. No other person shall have any rights under or connection with these Terms.
21.2. If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
21.3. Any failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
21.4. These Terms set forth the entire understanding and agreement between You and the Company with respect to the subject matter hereof.