Terms and Conditions of Sales
Welcome to Octavia Multimedia Group Ltd.®. Please read these Terms and Conditions carefully before using our services. These Terms and Conditions govern your use of our services and your access to and use of our one-stop shop music platform for artists, musicians, singers, performers, and songwriters (refered to as "the platfrom") under the control of our parent company Octavia Multimedia Group Ltd.®. Our services include Octavia Records Ltd.™(record label), "Octavia Music Publishing Ltd.™ (publisher and publishing), Octavia Artists Management Ltd.™ (artist management), Octavia Artists Ltd.™ (artist mentoring), Octavia Music Magazine Ltd.™ (magazine), Octavia Studio Ltd.™ (recording studio), and Octavia Music Shop Ltd.™ (online music store). of 3, Chapel Street, St. Georges, Telford, Shropshire, TF2 9JA. United Kingdom.
TERMS AND CONDITIONS OF SALES
1. DEFINITIONS AND INTERPRETATIONS
In these terms and conditions:
Reference to "we" and "us" is a reference to Octavia Multimedia Group Ltd.® and all its subsidiaries, as maybe included or removed from time to time.
Reference to "you" is a reference to the purchaser of the Goods from us.
"Contract" means the contract between us for the sale and purchase of the Goods and Services which incorporates these Terms.
"Goods" means the Sheet Music, Manuscripts, Downloads, CDs, DVDs, Records, Vynals, Books, Poetry, Studio Time, Tickets Sales, Merchandise Items, and other Items purchased by you from us.
"Services" means Event Arrangement, Management, Performance, Advertising, Promotion, One- stop shop music platform, Training, and any services agreed to in contracts, or agreement to be supplied by the Company to the Buyer.
"Terms" means these terms and conditions.
1.2 These Terms and Conditions in conjuction with our Privacy Policy, are the only terms and conditions on which we contract for the sale of Goods and services, they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2. CONTRACT
2.1 The Contract shall be on these terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
2.2 No terms and conditions contained in the confirmation of order, purchase order or other document of the buyer will form part of the contract.
3. ACCOUNT REGISTRATION
3.1 By creating an account on our platform, (to include website.) you agree to provide accurate, current and complete information about yourself. You are responsible for maintaining the confidentiallity of your account and password and for restricting access to your account. You agree to accept responsibility for activities that occur under your account.
3.2 You must be at least 18 years old to create an account on our platform. If you are under 18 years old, you must have parental consent to use our services.
4. SUBSCRIPTION
4.1 Access to our platform is available through subscription. We offer different subscription levels, starting with the STANDARD subscription. By subscribing, you gain access to a range of features and tools to create and maintain a career in the music industry.
4.2 To subscribe, you must provide accurate and complete payment information. By subscribing, you authorize us to charge the subscription fee to your chosen payment method on a recurring basis until you cancel your subscription.
5. OCTAVIA ARTIST PAGE
5.1 The STANDARD subscription includes your own Octavia Artist Page. This page allows you to showcase your details, artist biography, tour dates, tunes, contact details, and engage with fans. It provides you with essential tools to further your career.
5.2 As you progress, there are three additional subscription levels available: premium, gold and full management. Each level offers enhanced features and support to help you advance in the music industry.
6. USE OF THE PLATFORM
6.1 You agree to use the Platform in compliance with all applicable laws and regulations. You must not use the Platform for any illigal or unauthorized purpose.
6.2 You are solely responsible for the content you upload, post, or display on the platform. You must ensure that your content does not infringe upon any copyrights, trademarks, or other intellectual property rights of third parties.
6.3 We reserve the right to remove or disable any content that violate these Terms and Conditions or is otherwise objectionable.
7. PRICE
7.1 The price of Goods shall, unless otherwise agreed, be the price as set out on the date in the Company's price list. The price of Goods quoted on our websites excludes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.
7.2 The cost of packaging and postage/carriage is shown separately and ( in the case of special or overseas orders), will be quoted by us on request and payable separately from the price of the Goods. The Buyer shall pay such deposit as the Company shall direct.
7.3 All published prices are subject to change at any time without notice.
8. ORDERING GOODS ONLINE
8.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
8.2 When an order is made online, the order confirmation issued by the Company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is varified by us.
8.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us
9. INTELLECTUAL PROPERTY
9.1 All intellectual property rights in the Platform and its content belong to Octavia Multimedia Group Ltd. You may not use, reproduce, distribute, or modify any part of the Platform without prior written consent.
9.2 By uploading or posting content on the Platform, you grant Octavia Multimedia Group Ltd., a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your content for the purposes of providing our services.
10. LIMITATION OF LIABILITY
10.1 Octavia Multimedia Group Ltd., its subsidiaties, affiliates, directors, employees and agents shall not be liable for any direct,indirect, incidental,special, or consequential damages arrising out of or in any way connected with the use of our Platform, including but not limited to loss of profits,data, or other intangible losses.
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11. PRIVACY
11.1 We collect and process personal data in accordance with our Privacy Policy, which frms part of these Terms and Conditions. By using our Platform, you consent to such collection and processing and warrant that all data provided by you is accurate.
12. PAYMENT
12.1 All payment for Goods and for the cost of packaging and delivery together with the Vat at the current rate, must be made before the Goods are delivered.
12.2 Payment online will be made by credit or debit card. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
12.3 Payment for Goods sold or ordered at events. The Company shall not be bound to deliver (whether by handing over at the time of purchase, posting or collection), until the buyer shall have made payment for the Goods. Payment shall be due before the delivery date and time for payment shall be of the essence.
12.4 The company will excercise its statutory right to claim interest and compensation for debt recovery cost under the Late Payment Legislation for England and Wales.
12.5 Payment shall not be deemed to have taken place until receipt by the company of cleared funds.
13. DELIVERY
13.1 We will give you an estimated delivery date for the Goods but no time or dates provided by us are guaranteed.
13.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
13.3 You must notify us promptly and in any event within 48 hours or receipt of any Goods, if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
13.4 Goods purchase at Events will be handed over to the Buyer after full payment is received in cleared funds, and delivery would be considered complete. Unless an order is placed for goods that are not at the event, then delivery would be to the delivery address given at the time of purchase, and then the Company's Delivery Policy applies.
13.5 Any Goods not available at the time the buyer places an order, will be sent out as soon as possible, when received from the manufacturer.
13.6 Subject to the other provisions of these Terms and Conditions, the company shall not be liable for any loss, whether direct or consequential, economic or lost of profits or otherwise, arising directly out of any delay in the delivery of the Goods, nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceed 60 days.
14.. TERMINATION
14.1 We reserve the right to terminate or suspend your account and access to the Platform at any time, without prior notice or liability, for any reason, including breach of these Terms and Conditions.
14.2 Upon termination, your right to use the Platform will immediately cease, and any remaining subscription fees will not be refunded.
15. CANCELLATION
15.1 Upon cancellation, you must take reasonable care of all Goods in your possession and return them to us, appropriately packaged to avoid damage, within 7 days from the cancellation date. We reserve the right to arrange collection, in which case you will be responsible for collection charges.
15.2 We will refund the purchase price to you within 30 days of the cancellation notice, but we reserve the right to charge a restocking fee and any other reasonable cost we incur in connection with the return of the Goods.
15.3 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.
16. RISK AND OWNERSHIP
16.1 The risk of loss or damage to Goods passes to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes to you on collection (or 7 days after the agreed collection date if you have not collected the Goods by then).
16.2 Ownership in all Goods remains with us until full payment of all amounts due to us have been received from you.
16.3 You will be responsible for the safe custody and insurance of all Goods in your possession. Until ownership of the goods has been passed to you ( the Buyer), you (the Buyer, shall:Hold the goods on a fiduciary basis as the Company's Bailee; Store the Goods seperately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company's property;
16.4 Not destroy or deface any identifying mark on the Goods or their packaging; maintain the goods in satisfactory condition, insured with the company's interest noted on the policy and hold any proceeds of such insurance on trust for the company and not to mix them with any other money.
16.5 You have no right to re-sell any Goods until payment has been received in full by us.
17. WARRANTIES AND LIABILITY
17.1 We warrant to you that the Goods ordered by you will meet the description as shown on our websites (or any other description given to you in writing).
17.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
17.3 If any defect in any goods appear within [3 months] of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsiblity. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
17.4 We will not accept any responsibility for any wear and tear accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
17.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
18. NOTICES
18.1 If you wish to give us any notice relating to a matter covered by these Terms and Conditions, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to, info@octaviamultimediagroup.com and you must send them so as to return an acknowledgement of receipt. Notice may be sent by first class post to, 3 Chapel Street, St. Georges, Telford, Shropshire, TF2 9JA or by fax to [fax number of seller]. if a fax number is in operation.
19. CUSTOMER DEFAULT
19.1 If you: give us any incorrect personal information, or fail to make any payment when it is due, or cancel any payment, or become insolvent, or commit any breach of these Terms.and Conditions, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
20. FORCE MAJEURE
20.1 We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend), the Contract. Notification to the last known address shall be considered proper and sufficient.
21. GENERAL
21.1 Severance: If any provision in these Terms and Conditions is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms and Conditions.
21.2 Entire Agreement: These Terms and Conditions govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
21.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obilgations without first getting our written consent.
22. INTELLECTUAL PROPERTY
22.1 All Copyrights, Trademarks and Intellectual Property rights are reserved and are the property of their owners. And where the Goods include designs or works of art, or musical composition, these are prepared by a designer, artist or writer who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods without the prior consent of the owner.
23. DISPUTES
23.1 If there is a disput which we cannot settle by direct negotiation, we may require that it is refered to mediation before any lagal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution), mediation rules current at the date of the duspute.
23.2 Any dispute between us will be finally determined by the English Courts and you agree to submit to the jurisdiction of those courts.
24.. GOVERNING LAW
24.1 These Terms and Conditions shall be governed by and construde in accordance with the laws of England and Wales. Any dispute arising out of or or in connection with these Terms and Conditions shall be subject to this exclusive jurisdiction of the court of England and Wales.
25. CHANGES TO TERMS AND CONDITIONS
25.1 We reserve the right to modify or replace these Terms and Conditions at any time. By continuing to use our Platform after any changes, you agree to be bound by the revised Terms and Conditions
If you have any questions or concerns regarding these terms and Conditions, please contact us at info@octaviamultimediagroup.com
© Copyrights 2010-2024 Octavia Multimedia Group Limited®. All rights reserved.
Last updated 15th/05/2024
ODR
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