Terms and Conditions
These General Terms and Conditions are governed by United Kingdom/EU laws and will be interpreted in accordance with United Kingdom courts.
The website “https://www.musicallica.com” (hereinafter referred to as the “Site”) is a site offering music products and services including primarily: the acquisition, by download, of original musical arrangements. “Download” is defined as the transmission and reproduction of a digital audio file including the recording selected by the Customer. The notion of “original” describes a musical arrangement that has never been used in any previous phonographic publication by any third party.
Musicallica.com is a website operated by Musicallica Ltd (Company Number 12514952) registered in England and Wales, whose registered office is located at: 39 Old Saw Mill Place, Amersham, HP6 6FF, United Kingdom
Musicallica Ltd. is hereinafter referred to as “MUSICALLICA” in these General Terms and Conditions (hereinafter referred to as the “Terms and conditions”).
Each musical arrangement (hereinafter referred to as “Instrumental” or “beat”) listed for sale on the Site is available for listening (streaming) via a music player, with no restriction in terms of frequency or duration.
The production of Custom Beats/Instrumentals are presented in the “Custom made beats” section of the Site.
All orders placed on the Site are subject to these Terms. All purchases on the Site constitute unconditional acceptance, by the Customer, of the FAQs and the present contract (Terms). MUSICALLICA reserves the right to modify or change these Terms at any time. The version of the Terms that apply to any transaction is the one available online on the website www.musicallica.com at time of order.
The Customer means the party contracting with MUSICALLICA who ensures to be a private individual/consumer as defined by UK/EU law and jurisprudence. The Customer declares to be at least 18 years old and to have the legal capacity or to have a parental authorization allowing him to place an order on the Site.
NATURE OF THE TERMS AND CONDITIONS
These Terms do not grant the Customer in any way the quality of employee, representative or agent of MUSICALLICA.
Customer and MUSICALLICA further state that these Terms may under no circumstances be regarded as a constituent act of a corporation and/or any legal entity is expressly excluded from their relationships.
PRODUCTS AND SERVICES
The products and services offered for sale are those described on the Site. MUSICALLICA pays the greatest possible attention to the presentation and description of these products and services to satisfy Customer’s information. Some errors or omissions may appear in the content of the Site, the Customer acknowledges and agrees to it.
The site offers the purchase and download of licensed Instrumentals/beats (digital audio files in mp3 and wav), i.e. without transfer of ownership to the Customer. The site remains the owner of the Instrumental/beat and provides a license granting rights to the Customer in exchange to the payment of a non-refundable fee (license fee).
As long as a lease Instrumental/beat is available in the Beat Store music player on the Site, it can be purchased and downloaded by multiple Customers, with no limitation in terms of number. Three types of leasing licenses are proposed to the Customer: Free, Standard, Extended and Premium
Free, Standard, Extended and Premium Licenses are legally binding contracts made between the Customer and MUSICALLICA, and are made available in English on the Site.
“CUSTOM MADE BEАTS” SERVICES
Custom Made Beat / Instrumental
The Site offers the possibility to purchase “Custom” music, which will be produced according to Customer’s specific criteria. The Custom Beat/Instrumental is designed for one unique Customer only. In exchange for the payment of a flat fee, the Customer acquires ownership of the Custom Beat/Instrumental, i.e. ownership of the master sound recording.
All the information about Custom Beat/Instrumental is available in the “Custom Beats” section.
Any order on the Site is subject to compliance with the procedure set up by MUSICALLICA, with an obligation to follow different steps to complete the purchase. The Customer will have the opportunity, before validating the order, to verify the details of it and its total price, and to correct any errors before confirming it to express his acceptance. Any confirmed order by the Customer equals to a sales contract and acceptance of all provisions hereof, including the present Terms and Conditions.
For any order of licensed Instrumentals/beats: instant payments are made on the day the order is confirmed, as described in paragraph 5. Whenever a Customer buys a licensed Instrumental/beat on the Site, he acknowledges having read and accepted the particular conditions of use and exploitation of it, set forth in the appropriate Leasing Agreement (Standard, Extended and Premium) available on the Site. These Agreements legally bind the Customer and MUSICALLICA.
Moreover, after any purchase of a licensed Instrumental/beat on the Site, the Customer will receive a dated and nominated copy of the related License Agreement by email.
Regarding the Custom Beat/Instrumental service: after Customer and MUSICALLICA have agreed on the music production to be performed and on the related service price, the work will begin only after reception of the down payment required (50% of the total amount) sent by the Customer, following the mailing of the invoice.
If any specific order agreement has been drafted, it also needs to be signed and returned before any work begins.
About the “Custom made beats” services, MUSICALLICA reserves the right to refuse the order from a Customer. Once the order is accepted, MUSICALLICA shall perform the services in order to satisfy at best the Customer. For this purpose, after delivery of the product or service ordered and upon Customer’s request, MUSICALLICA agrees to proceed to some reasonable modifications of it.
For any order whatsoever, a confirmation email (with details of: product/service ordered, price, quantity …) will be sent to the Customer By Musicallica Ltd. for licensed Instrumentals/beats and Custom Instrumental/beat), (digital audio files in mp3 and/or wav) ordered from the Site, for this purpose, the Customer formally accepts the use of email for the confirmation of the contents of his order.
INFORMATION – BILLING
When ordering, some information will be requested. The Customer agrees to provide accurate information and to modify them if necessary.
MUSICALLICA reserves the right to ask the Customer for any missing information (billing address etc.) for the legal purpose of invoicing. This information is used solely for that purpose and will not be disclosed to any third parties.
PRICE AND METHOD OF PAYMENT
For orders of licensed Instrumental/beat, prices (i.e. price of licenses) are displayed, by default, in US Dollars ($) in the product page on the Site, including all taxes.
The total order price (all tax included) is indicated at the product page when choosing Instrumentals/beats. The total amount, including any discounts, is summarized when placing the order and before its confirmation.
Regarding billing, prices take into account the applicable VAT if any, at date of order.
About “Custom made beats” services, prices are displayed in US Dollars (all tax included) in the related Site section. Regarding the Custom Beat/Instrumental service, the price (in US Dollars) is determined on a case-by-case basis, depending on the specificity of the Customer order.
MUSICALLICA reserves the right to change its prices at any time but the products and services will be charged on the basis of prices prevailing on the Site at the registration of the order for licensed Instrumentals/beats, or on the basis of the mutually agreed price between the Customer and MUSICALLICA for any Custom made Beat/Instrumental service.
METHODS OF PAYMENT
For any order on the Site (licensed Instrumentals/beats and “Custom made Beat” services), the payment of the products and services is made by PayPal and Stripe:
PayPal: Either through his encrypted and secured account, if the Customer has a PayPal account or either by credit/debit card, if the Customer chooses this option. This payment will however be secured by the PayPal services.
Stripe: Payments made by credit/debit card secured by Stripe services.
In the case of Custom Made Beat/Instrumental service, payment may also be made by bank transfer upon request.
SERVICE CHARGES AND PENALTIES
The Customer remains solely responsible for any service charges or additional penalties applied by PayPal services in the event of insufficient funds for example, or other problems that are not caused by the Site. MUSICALLICA cannot be held responsible for any charges or penalties relating to Customer’s PayPal account.
PROOF OF PURCHASE AND DOWNLOAD
The data recorded and stored by Musicallica Ltd constitute proof of the order and all transactions. The data recorded by the payment system constitute proof of financial transactions. These data may be used as evidence in case of dispute with the Customer.
By following the purchase procedure of licensed Instrumentals/beats on the Site and after payment, an email is sent directly to the Customer, without delay, providing the download link(s) of the ordered digital audio file(s) (in mp3 and/or wav format).
Regarding the “Custom Made Beat” services on the Site, time frame for service completion and delivery (digital audio file sent by email) are variable. It is discussed on a case-by-case basis with each Customer, depending on the specific nature of the request. However, upon acceptance of the offer by the Customer and receipt of payment requested by MUSICALLICA, the service shall be performed and delivered in less than 14 working days.
No delivery charges are applied to all the products and services proposed by the Site.
RETURNS AND REFUNDS
Pursuant to the provisions of Chapter 3, Section 47 of the Consumer Rights Act 2015, the return and refund period does not apply for any kind of goods or services proposed by MUSICALLICA:
Digital content (music download) not supplied on a tangible medium (e.g. on CD or DVD) whose performance began after Consumer’s prior express agreement and express waiver to his right of withdrawal (at the time of placing the order).
Services fully performed by MUSICALLICA (custom music production) before the end of the withdrawal period and which performance began after Consumer’s prior express agreement and express waiver to his right of withdrawal (at the time of placing the order).
PROTECTION OF PERSONAL DATA
As part of the operation of the Site, MUSICALLICA may collect personal data. These data will be processed in accordance with the purposes for which it was collected.
Protection of personal data policy is available here. The Customer acknowledges to have read it.
MUSICALLICA cannot be held liable for non-performance or improper performance of the contractual obligations attributable to the Customer, including during order entry.
MUSICALLICA cannot be held liable or deemed to have breached these conditions, for any delay or failure, when the cause of delay or failure was due to a force majeure as defined by the jurisprudence of UK courts.
Any Failure by either Party, Customer or MUSICALLICA, on one or more occasions, to invoke one or more of the provisions hereof, shall under no circumstances be interpreted as being a waiver by the interested Party of its right to invoke said provision(s) subsequently.
These Terms do not confer any exclusivity in the provision of services, or guarantee of quantity or market share to the Customer.
In the event that one or more of the provisions hereof were to conflict with a current or future applicable act or legislative text, said act or legislative text shall prevail, and the Parties shall make the necessary amendments to comply with said act or legislative text. All other provisions remain in full force. Similarly, the nullity, for any reason, of any provision of the Terms shall not render void the entire Terms.
APPLICABLE LAW AND JURISDICTION
Any placed order implies full acceptance of the Customer to these General Terms and Conditions. These General Terms and Conditions are governed by United Kingdom/EU law. In case of dispute, only United Kingdom courts are competent. In case of problem or complaint in connection with an order, the Customer may contact Musicallica Customer Service to find an amicable solution (via the Contact section on the Site).
For any complaint, please contact Musicallica Customer Service at its postal address indicated in the present General Terms and Conditions or via the Contact section of the Site.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectoral mediation bodies or any alternative dispute resolution (conciliation, for example) in case of dispute.
In this case, the designated mediator is:
United Kingdom Consumer Protection – https://www.citizensadvice.org.uk/consumer/
The Client is also informed that he can also use the EU Online Dispute Resolution Platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
It is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to justice.