Terms & Conditions
1. TERMS OF WEBSITE USE
1.3 The Site is a Site operated by Music Gallery L.T.D., a company incorporated in Cyprus with registered number HE148610 whose address is 169 Athalassas avenue, 2015, Nicosia (“We”).
2. ACCESSING OUR SITE
2.1 Access to our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our Site, or our entire Site, to users. If the need arises we may suspend access to our Site, or discontinue it indefinitely.
2.4 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
3. ACCESS RESTRICTION
3.2 We reserve the right to suspend the operation of the Site (or the operation of several of its services) because of update works, software improvement or improvement of its security functions. In that case, the Site will not be accessible by the users.
4. ONLINE ORDERS
4.1. The musicgallery.com.cy is connected online with the company’s software Power Soft, so that products can be updated with the company’s actual stock.
For more information regarding the marks about the availability of products, please visit www.musicgallery.com.cy
4.2. Any order can be changed or cancelled, until the time of execution, either by telephone (+357 22 028 299) or e-mail ([email protected]), quoting your order number and cancellation number. If your order has been already shipped, and you wish to cancel it, then you will be charged the transportation costs (delivery and return) and the product will be returned to the company. Returned products must be sealed and in perfect condition, as shipped. No returns are accepted for books and wind instruments. Additionally, no returns are accepted for products under “special order” status, which had been ordered to the manufacturer after an advance payment or complete prepayment.
4.3. The customer has the right to request the withdrawal of his order and return the product purchased through our online store within fourteen (14) days from the date of delivery. The product should be returned to the company within fourteen (14) days from the date of the withdrawal request, with the customer paying for the shipping costs. The product must be returned in perfect condition into its original packaging and all accessories. Excluded from the right of withdrawal are the following:
• Devices with programs (software) and all kinds of material, associated with these programs, in digital – electronic form, for the use of which it is required activation by the purchaser or a statement of his personal data, actions by which the buyer becomes the sole and exclusive user of the program. Such devices are considered the sound cards (audio interfaces), electric – electronic musical instruments, mixing consoles and in general all the devices that are used to create, perform, edit and record audio – visual material.
• Custom products ordered and manufactured according to the customer’s specifications.
• The wind instruments, the microphones, the headphones and the books cannot be returned.
• Products under “special order” status, which had been ordered to the manufacturer only after an advance payment or complete prepayment.
4.4 If you wish to return your order and get a refund, the return must take place within 14 days from the day you collected your order and only under the condition that the products have not been used and they are sealed in their original packaging (sealed package). For a refund, the following terms apply:
• If the payment is made by credit card, then the refund, after our command, is credited back to your card within 3-5 working days, depending on the bank issuing your card.
• If the payment is made by cash in one of our stores, then the refund is made immediately as soon as the products have been returned.
• If the payment is made on delivery, the refund takes place within 14 working days.
4.5 If the products ordered are available, the time required for the execution of your order is two working days. However, the delivery time varies according to the destination or even the method of shipment or collection. If your address is considered by ACS Courier as “out of reach”, you will have to visit the closer ACS Store to collect your order since it will not be delivered to your address.
4.6 The “MUSIC GALLERY L.T.D” Company is not responsible for any errors in pricing, features and photos and reserves the right to change prices without prior notice. The transportation of goods in under the customer’s responsibility.
4.7 According to REGULATION (EU) No 524/2013 and DIRECTIVE 2013/11/EU, which was transposed in Cyprus by Joint Ministerial Decision No 70330/2015, there is the possibility of online dispute resolution for consumer disputes with the process of Alternative Dispute Resolution across the European Union. If the customer is a consumer (i.e. a natural person acting outside his/her profession) and has any problem with a purchase made from our Website, he/she can initiate the ADR process through a single EU-wide online dispute resolution platform (ODR platform), available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Should you have any problem or observation in relation to a purchase you have made from our Website, please do not hesitate to contact us at [email protected] and we will make any possible effort to resolve the issue immediately.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Site and all copyright and other intellectual property rights in all text, design, logos, graphics, icons, images and other materials on this Site (the “Content”) are the property of Music Gallery L.T.D or are included with the permission of the relevant owner.
5.3 You are hereby permitted to use the Site as follows:
(a)You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
(b)You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
(c)Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
(d)You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. RELIANCE ON INFORMATION POSTED
6.1 Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
7.1 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by the applicable legislation.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any webSites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
9. UPLOADING MATERIAL TO OUR SITE
9.1 Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
9.2 Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
9.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
9.4 We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set below.
10.1 The Content on this Site may include inaccuracies or typographical errors. Changes may be made periodically to this Site at any time and without notice. However, we make no commitment to regularly update the information contained in this Site.
10.2 Furthermore, we do not guarantee that this Site will operate uninterrupted or error-free, that defects will be periodically corrected or that it is compatible with your computer, hardware and software, that the Site will be secure, that the errors will be fixed in the Site, that the server providing the Site is free of viruses or any other malware.
10.3 We make reasonable efforts for the maintenance and the availability of the content of the Site. However, the users accept that We are entitled to change and/or interrupt temporarily or permanently all or part of the Site with or without prior notice to the users.
10.4 We shall not bear any liability for any kind of damage (positive, negative, incidental, contractual or other) arising from the inability of accessing of the users to the Site, the interruption of all or parts of it, the delay, non-delivery, interruption or poor reception of service or loss of their content, the existence of any error. In any case, We reserve the right to interrupt at any time temporarily or permanently the operation of all or part of the Site for maintenance or upgrade or any other reason.
10.5 ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF ANY CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES NOR THAT THE CONTENT WILL BE ACCURATE, COMPLETE OR UP-TO-DATE. WE ASSUME NO RESPONSIBILITY FOR THE FAILURE OF ANY OF OUR SERVICES OFFERED IN THIS SITE.
11. EXCLUSION OF LIABILITY
11.1 YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR OFFICERS OR DIRECTORS, NOR ANY OF OUR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
12. VIRUSES, HACKING AND OTHER OFFENSES
12.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
12.2 By breaching this provision, you would commit a criminal offence under applicable legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
12.3 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 our Site or to your downloading of any material posted on it, or on any website linked to it.
13. LINKING TO OUR SITE
13.1 You may link to our home page, 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.
13.2 You must not establish a link from any website that is not owned by you.
14. LINKS FROM OUR SITE
14.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. PROHIBITED USES
15.1 You may use our Site only for lawful purposes. You may not use our Site:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(e)To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f)To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
15.2 You also agree:
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of our Site;
(ii) any equipment or network on which our Site is stored;
(iii) any software used in the provision of our Site; or
(iv) any equipment or network or software owned or used by any third party.
16. SUSPENSION AND TERMINATION
17. Software available on this Site
17.1 The intellectual property rights or other rights in any software that is made available for download from the Site (“Software”) belong to us or our suppliers/licensors. In order to access some of the information on this Site, you may have to enter into licenses with third party software providers. Your ability to access that information may depend on whether you have entered into such licenses. Your use of the Software is governed by the terms of any license agreement that may accompany or be included with the Software. We take no responsibility for arranging any such licenses. Do not install or use any Software unless you agree to such a license agreement. Where you download software from this Site, you do so at your own risk.
19. YOUR CONCERNS
19.1 If you have any concerns about material which appears on our Site, please contact us at [email protected]
20. MISCELLANEOUS PROVISIONS