Terms & Conditions

Terms and Conditions.

These terms and conditions (the Terms) govern the users (you or your) use of any product, service and the web site and your relationship with this Web site (we, our or I). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Web site.

You agree to the below terms and conditions, on making a purchase, links to terms and conditions are made available throughout the web site, on each page, and advise you to read before purchasing an item.

Information
On using this site, buying or enquiring, you agree and understand that this is a Lifestyle web site and that it is not a company, Its operate this as a hobby, not a business.so things are very different to if you were buying from the big boys or a PLC or ltd organisation. Its not registered, nor I do not charge VAT.

Accuracy of Information
Whilst I endeavor to ensure that all information included on is correct, I will not be held responsible for any errors or omissions. If I are informed of any inaccuracies in the material on this web site, I will correct this as soon as I reasonably can. Prices, descriptions, specifications and product availability may change at any time without further notification. Images used on this web site are for guidance only, items or packaging may differ from those shown, as I am continually improving products and services.

Payments

I use secure third party payment agency to process credit card and debit card orders, I NEVER have any access to your credit card information at all. No credit card information is EVER stored in the web site database.
You are responsible for maintaining the confidentiality of your financial information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your, computer, internet, email account or password and credit card use. I do not store any details of transactions or information, payments are carried out by a payment agency and they may choose to store information about your transaction.

All payments are taken via a US based payment agency, while I dont charge you a fee, they might, I have no control over this. You have been made aware.

Ordering and Delivery
Please refer to the Help and FAQ section for more information about buying products from via the web site.

General

Privacy
Please refer to the Privacy Policy for more information.

Returns and Refund Policy

MP3 files are universally compatible across all digital media players including iPods - mobile phones, PC and Mac, PDAs.

Digital Content

Rights Granted and Restrictions.

Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.

All copying, lending, duplicating, re-selling or trading of our products or product contents is strictly prohibited. Only the original purchaser of our products has the right to embody and use the enclosed sounds..

Use of these sounds is limited to use within ice cream mobiling. Any other use of these sounds must be cleared with Smart Audio prior to release. This licence is granted for a single user only (and is given on a worldwide basis). The licence is non-exclusive and is granted for the full period of copyright protection and sound samples. You cannot electronically transfer the sound samples or place them in a time -sharing or service bureau operation or a computer/sampler network.

You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.

TV, Radio, Production & Public Broadcast.

If you wish to use a track in a production, promotion, or public brodcast or event, then please contact me for my current Rate Card, this gives you a licence to use one track per production, if you wish to use more then one track per production then a fee must be paid for each track used. It is the user's responsibility to obtain permission and licences where necessary to perform the tunes in the list in a public musical announcement or otherwise.

Virtual Items Sale Policy.

All Sales Final; Downloading and Risk of Loss; Availability of Digital Content.

All Sales are Final. All sales are final and all charges from those sales are non-refundable. Due to the nature of the service you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective.

All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, I encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact me. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. I may, from time to time, remove Digital Content from the Service without notice.

Items delivered virtually do have to be produced so they incur a production and delivery fee, this will be charged at £1.85 per item, this is not refundable, a licencing fee is required to use these items, and this will be the responsibility of the customer to obtain permission and licences where necessary to perform the tunes in the list in a public musical announcement or otherwise.

Adequate sound clips are supplied on product pages of this web site to give you sufficient evaluation of the music.

Physical Goods.

There are some exceptions to these rights of cancellation, including:

Sealed CDs, video or audio recordings, software, any of which have been opened, or custom made items, digital downloads.

Musical Movements - These are non-returnable items as they are classed as custom, as they are made to your requirements, they are fully working, and brand new.

Lost / Damaged Items

Physical items are sent via Royal Mail Standard Delivery. You have to specify if you want your item to be sent via tracked delivery, if no instruction is received wien an order is placed then the item will be sent via normal surface post. I WILL NOT be held responsible for items going astray if sent with no tracking.

If you do not receive the item please contact me FIRST, you can do this via email or telephone, or contact information is on the 'contact' page. I will then investigate and then I will send another item out, when the lost item is either returned or credited to me.

If you do not contact me first then you will forfeit your right to a replacement item and or refund, buy purchasing the item from this web site you agreed to be bound by the terms and conditions of sale.

You also agree that II am an individual, and that I this as a lifestyle site, not a business.

Credit Card Payments

At SMART I always do my very best to process your order as soon as possible. Please make sure the address you give has no spelling mistakes as I cannot be held responsible for orders going astray due to incorrect postal information. When your order is placed we are notified whether your postal/shipping address is "confirmed" or "unconfirmed". If an "unconfirmed" address is stated in the email from the payment agency I will email you to confirm your postal details. Although SMART prefers to dispatch to a "confirmed" postal address if I do not receive a reply from you after 5 working days then I will dispatch the order and SMART WILL NOT be held responsible for items going astray. However, SMART will do everything in their power to help resolve the issue.

Payment agencies charge fees for sending and receiving payments, I incur fees for taking your payments and for making refunds, I have no control over this.

Physical items are sent via Royal Mail Standard Delivery . You have to specify if you want your item to be sent via tracked delivery, if no instruction is received wien an order is placed then the item will be sent via normal surface post. I WILL NOT be held responsible for items going astray if sent with no tracking.r.

If the goods are faulty in any way due to a manufacturing fault then I will be happy to discuss this will you. Faulty items must be reported to me and WILL NOT be accepted unless you have contacted us by telephone/email first and we have agreed to accept it. You cannot cancel, or return an order, because you don't like it or dont want it.

Trademarks and Copyright
All logos, slogans and trademarks displayed on this web site are the sole property of Smart Audio, while photographs, audio and other material displayed on this, web site or other media are the sole property of their respective owners. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission from me. Music samples on this web site are for evaluation purposes only. Smart Audio is not responsible for paying any MCPS/PRS licensing fees when you have been advised that these may apply to the item and or product you have purchased and if you wish to use for broadcast and or public usage..

License and Web site Access
I grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by the web team. You are granted a limited, revocable, and non exclusive right to create a hyperlink to the home page of this web site so long as the link does not portray this site, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without our agreement or our express written permission.

Indemnity
You agree to fully indemnify, defend and hold me, my work and suppliers, harmless immediately on demand, from and against all claims, losses, lost items,, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this web site or products or any other person accessing this web site using your personal information.

Law and Jurisdiction
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms. This web site is controlled and operated in the United Kingdom. The Terms will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts.

Changes to these Terms and Conditions
On buying from this you agree to be bound by these terms and conditions. I reserve the right to change these Terms and Conditions without prior notice at any time.

Revised September 2011

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