This document governs your relationship with Maggitti Music. Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using our website, you are agreeing to all of the Terms of Service, which may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
This website is provided as a service to its visitors. Maggitti Music reserves the right to delete, modify or supplement the content of this website at any time, including changes to these terms, for any reason, without notification. We will make such changes by posting them on the website. You should check this website for such changes frequently. Your continued access of the website after such changes are made conclusively demonstrates your acceptance of those changes.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of this website.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Maggitti Music you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Maggitti Music retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. Where a contract is made with a third party Maggitti Music is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Order Processing and Shipment
Most orders are processed and shipped within 1-2 business days. Purchases made after 2 PM Eastern Standard Time on Friday will be shipped the following Monday or first business day thereafter. Downloadable products do not require processing and are available for download immediately upon receipt of payment.
(e) Downloadable Products
Upon completion of your purchase, you will receive an order confirmation via email. This email will include a link to download your product. Your download link will remain active for two (2) days from the completion of your purchase, and you will be able to download the content one (1) time. Please keep a backup of your downloaded products. Maggitti Music will not be responsible for downloaded products that have been deleted, corrupted, or otherwise rendered inaccessible for any reason.
If you choose to create an account during the checkout process, your product download will also be available from your account page.
If you need assistance with your download, please contact us and we will be happy to assist you.
You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on this website. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these terms and conditions. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Breaching this provision will constitute a criminal offense and Maggitti Music will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property and Content
Information contained on this website concerning any products or services is only applicable in the United States and is for your personal and non-commercial use only. All titles, names and graphics used in connection with this website are trademarks of Maggitti Music or its licensors, except as otherwise indicated. All materials contained on this website are the copyrighted property of Maggitti Music or its licensors. Reproduction, republication or distribution of any material from this website beyond what is required to enable you to view the website is strictly prohibited, except that the user may, for personal and non-commercial use only, download and make a single hard copy. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
Information regarding Maggitti Music products and services is subject to change without notice. Some products and services may not be available in certain areas. The information contained on this website is intended for general information purposes only. The views and opinions expressed on the Site are not necessarily those of Maggitti Music. Mention of products and/or companies should not be understood as an endorsement of, or a statement of affiliation with, such products and/or companies.
Disclaimer as to Ownership of Trade Marks, Images of Personalities & Third Party Copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with Maggitti Music and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Maggitti Music.
Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Maggitti Music and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Maggitti Music’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home or product pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home or product pages. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless Maggitti Music, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.
Maggitti Music shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please contact us if you have any complaints or comments. Please see our Warranties & Returns Policy for more information.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Maggitti Music. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Maggitti Music.
This agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this agreement, the website or the any Maggitti Music products or services shall be brought exclusively in the Federal or State courts located in the State of Delaware and you irrevocably agree to submit to the exclusive jurisdiction of such courts. If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.