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TERMS AND CONDITIONS OF USE

Effective from 15th November, 2007.


Coradale Limited trading as Gimell, Gimell Records and Gimell Music Store hereinafter referred to as "we" or "us" or "our" provides information, goods or services through this website to visitors and registered users of our website hereinafter cumulatively referred to as "you" or "your" subject to these Terms and Conditions, the privacy policy, and any other notices which may be applicable to a specific section or module of this website (as amended from time to time).  We reserve the right to change, modify, add to or subtract from the Terms and Conditions at any time and without notice to you.  It is your responsibility to check these Terms and Conditions periodically for changes.  Your continued use of this website following the posting of any amendments or changes means you accept and agree to the amendments and changes.

Definitions and terms

In addition to the above, the following definitions shall apply to these Terms and Conditions:

"business days"

means all days other than Saturdays, Sundays and public holidays in England

"Downloads"

means audio files which can be downloaded to your computer through the website

"Licensed Material"

means data or items included on any compact disc, super audio compact disc, digital versatile disc (DVD), vinyl disc or Downloads

"Non-Download Products"

means goods other than Downloads available for purchase through this website

"Order"

means an order for Products made via the website

"Products"

means Downloads and Non-Download Products which may be purchased through the website

"Service"

means the information, services and Products provided by us through our website

 

1

Conditions relating to the use of this website and disclaimers

1.1

This Service is not available to persons acting in the course of a business or persons who intend to resell the Products.  If you are such a person, DO NOT USE THIS WEBSITE.

1.2

Your use and continued use of this website is subject to these Terms and Conditions.  By entering and using this website, you agree to be bound by these Terms and Conditions.  If you do not agree to be bound by these Terms and Conditions, DO NOT USE THIS WEBSITE.

1.3

We are providing this website on an 'as is' basis and make no representations or warranties of any kind with respect to this website or its contents and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, suitability for any purpose of the information and related graphics published in this site or non-infringement of third party rights.. The information contained in this site may contain technical inaccuracies or typographical errors. All our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.  We reserve the right to suspend, cancel and interrupt our Service to you for any period of time and without notice to you. We do not guarantee or warrant or represent that our Service will be free from loss, corruption, attack, virus, hacking or security intrusion and we have no liability to you resulting from these events.

1.4

Other than as expressly set out in these Terms and Conditions, neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

1.5  

None of the exclusions and limitations in these Terms and Conditions are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

1.6

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website and all these intellectual property rights are reserved.  You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial or non-commercial purpose, without our express written consent.  You must not edit or otherwise modify any material on the website.  Unauthorised use of any software used in the website or the Service may subject you to civil or criminal penalties, including possible monetary damages for copyright infringement.

1.7

We are not responsible for the content or availability of any other website to which you can link from our website. We therefore disclaim all liability in respect of such contents. We do not authorise you to deep link to or to frame any of the content that appears on our website or to use a representation of any of our business names or logos, trade marks, or brand names contained on this website.

1.8

Your use or inability to use this website and/or Service is at your own risk. It is your responsibility to ensure that your software, equipment and other devices or systems will correctly function with our website, Service and Products.

1.9

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.  The importation or exportation of certain of our goods to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the products you purchase.

1.10

We make no promise that materials on the website are appropriate or available for use in locations outside the United Kingdom, and accessing the website or using the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

2

Purchase of products from this website - the contract between you and us

You can place an Order for Products from us by selecting the Products advertised for sale on this website and adding them to your shopping cart.  If you are a new user, you must create an account with us and sign in.  If you are an existing registered user, you must sign in.  Once you have signed in, you can review and amend your Order and enter your credit or debit card details for payment. Before we can process your order you must consent to these Terms and Conditions. You confirm your Order by clicking on the "Make Payment" button and your credit card or debit card company will then inform us whether or not your payment has been authorised.  This process constitutes an offer by you to purchase the Products in the Order.  Once we have been informed that your credit or debit card payment has been authorised, we will send a message to you thanking you for your order. Only when we have checked to see that we are able to meet your Order, will we send you confirmation of your Order (a "confirmatory email") which will constitute an acceptance by us of your Order and at that point a contract between you and us will have been formed.  The contract between us will still be valid if we have sent the confirmatory email but you have not received it.  Until we send the confirmatory email to you, we reserve the right to reject any offer by you to purchase any Products at any time. We advise you to keep a record of your Order and these Terms and Conditions.

3

Price

The prices for the Products are set out on this website and include, where appropriate, VAT and delivery costs.

4

Cancellation

4.1

We reserve the right to cancel the contract between you and us if one or more of the Products in your Order was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers or if there is an error in the description of the Product.

4.2

If we do cancel your Order we will notify you by e-mail and will re-credit your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your Order.  We will not be obliged to offer additional compensation for any disappointment suffered.

4.3

If you purchase a Non-Download Product, you have the right to cancel the contract between you and us provided you contact us using the Contact Us page on this website within seven business days of the receipt by you of the Non-Download Product. We will provide you with the address to which the Non-Download Product must be returned. You must arrange and pay for the cost of returning the Non-Download Product. You must return the Non-Download Product to us in the original condition. Within 30 days of the receipt by us of the Non-Download Product we will reimburse the purchase price of the Non-Download Product to the debit or credit card you used to pay for the Product. If you receive a Non-Download Product that is an audio or video recording or computer software then you do not have the right to cancel your Order if you have unsealed the transparent packaging immediately surrounding the Non-Download Product.

4.4

If you purchase a Download it will be available to be downloaded to your computer immediately after we have accepted your Order. You do not have to download your purchase immediately; it will remain available in your Account until you are ready to download it. If you purchase a Download but do not download it then you have the right to cancel your Order for the Download within seven business days of the date of your Order. You must inform us that you are cancelling your Order by sending a message to us using the Contact Us page on this website. Within 30 days of receiving your message we will reimburse the purchase price of the Download to the debit or credit card you used to pay for the Download.

5

Delivery

5.1

If you purchase Non-Download Products, we shall send them within the United Kingdom by pre-paid first class mail and outside the United Kingdom by regular Air Mail to the address you gave us for delivery at the time you made your Order.  Your Order will be sent as soon as possible after your Order has been accepted and in any event within 30 days of your Order being accepted by us. Once Non-Download Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. We may at our discretion and at our cost send your Order by a courier service in which event your signature will be required upon delivery.

5.2

If you purchase Downloads, these will be available to be downloaded to your computer after we have accepted your Order.  At that time you will be entitled to download, burn or copy Downloads purely for your personal, non-commercial use in accordance with the terms of this agreement.  You agree to use the Downloads only in accordance with this sub-clause and that any other use of the Download whether or not for your personal financial gain may result in civil or criminal liability. 

5.3

Although we may use the terms "sell", "purchase", "order," or "buy" on the website or in these Terms and Conditions, no right, title or interest in any Licensed Material or in this website is transferred or granted to you as a result of your purchasing, downloading, copying or otherwise.  All rights in the Licensed Material and in this website are owned by Coradale Limited trading as Gimell Records or its licensors.  We grant you a limited, non-transferable, non-exclusive, revocable, non-sub-licensable right to use the Products and the website only for your personal use in accordance with the terms of this Agreement. For the avoidance of any doubt you do not have the right to make copies of any Licensed Material for your family, friends or colleagues.

6

Restrictions on your use of the Licensed Materials

6.1

Except as set out in clause 5, you are strictly prohibited from copying, reproducing, lending, hiring, performing in public, broadcasting or distributing in any other manner any of the Licensed Material or any part of this website.  If do you, this will constitute a copyright infringement by you.

6.2

You may not, nor allow any other person to, alter, reverse disassemble, reverse engineer, decompile, disassemble, modify the whole or any part of the Service or Licensed Material nor disable any copy protection or use limitation systems associated with the Service or Licensed Materials.  You may not play and then re-digitize any Licensed Materials, or upload the Licensed Materials to the Internet.  You may not use the Licensed Materials in conjunction with any other third party content (eg to provide sound for a film) or to create derivative works.  You may not sell or offer to sell the Licensed Materials, including but not limited to, posting any of the Licensed Material on Hardware containing the Licensed Material for auction on any Internet auction site.

7

Liability

7.1.1

If you purchase a Download but you are unable to download it to your computer because it is defective then we will have no liability to you unless within 7 days of your first attempt to download it you send a message to us using the Contact Us page on this website. Within 30 days of receiving your message we will, at our discretion and subject always to clause 7.3, either replace the defective Download or reimburse the original purchase price to the debit or credit card you used to pay for the Download.

7.1.2

If you do not receive any Non-Download Products that you have ordered within 35 days of our confirmatory email or if they are defective, we will have no liability to you unless you Contact Us and, if the defect or non-receipt of the Non-Download Product is the result of an act or omission by us, then, at our discretion and subject always to clause 6.3 below, we will replace the particular defective Non-Download Product or re-credit the purchase price to the debit or credit card you used to pay for the Non-Download Product in question.

7.2

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products in question.

7.3

Our total liability to you under these Terms and Conditions will be limited to the purchase price of the Product at the time we accepted your Order.

7.4

Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7.5

We shall not be liable to you in any way if you do not provide true, accurate, current and complete information about yourself when filling out our registration form or maintain and promptly update your registration data to keep it true, accurate, current and complete.  If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.

7.6

You are responsible for ensuring that your equipment and software are compatible for downloading and playing the Downloads.  It is your responsibility to test the compatibility of your equipment and software with the Service by downloading and playing our Test Files. We will not be liable to you in any way if your equipment and software is not compatible for downloading or playing the Download.

8

Registration, password and security

8.1

You must ensure that the details provided by you on registration or at any time thereafter are correct and complete.

8.2

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

8.3

When you register to use this website you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should Contact Us immediately.

8.4

If we have reason to believe that there is likely to be a breach of security or misuse of this website, we may require you to change your password or we may suspend your account.

9

Notices

All notices from you to us should in the first instance be made via our Contact Us page. If you are unhappy with our response you should write to our registered office: Coradale Limited trading as Gimell Records, 126 High Street, Oxford OX1 4DG, United Kingdom.

10

Events beyond our control

We shall have no liability to you for any failure to make available any Products or Service you have ordered or any delay in doing so or for any damage or defect to the Products made available that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

11

Invalidity

If any part of these Terms and Conditions is unenforceable for any reason, unlawful, void (including any provision in which we exclude our liability to you), then that provision shall be deemed severable and shall not affect the validity and enforceability of any other part of these conditions.

12

Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

13

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

14

Governing law and language of the contract

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. These Terms and Conditions and all communications between us will be conducted in the English language.

15

Entire agreement

These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of Services to you by us.  Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.  Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

16

Ownership

This website is owned and operated by Coradale Limited trading as ‘Gimell', ‘Gimell Records' and ‘Gimell Music Store'. Our registered office is 126 High Street, Oxford, OX1 4DG. The company is registered in Cardiff number 3946501. Our VAT number is GB 749 9285 66.

 





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