WeMix terms and conditions

WeMix is an online utility offering for sale music and synchronised images recorded onto a variety of formats ("Goods") operated under the trading name "WeMix".

These Terms apply to all and any use of WeMix and /or the Goods supplied by WeMix. You must click “Accept” and therefore accept these Terms to use any part of WeMix.

By using WeMix you agree to be bound by these Terms.

If you do not understand these Terms or any part of them, please seek independent advice and if you still do not understand you may contact WeMix by email to info@wemix.eu or by post to:

Postmaster
WeMix Limited
Devonshire House
Unit 1 Cliveden Office Village
Lancaster Road
High Wycombe
Buckinghamshire
HP12 3YZ
United Kingdom

If you do not accept or do not understand these Terms you may not use any part of WeMix on any computer.

WeMix may make alterations to these Terms and Conditions from time to time and these variations shall become effective immediately upon being accessible from www.wemix.eu.

WeMix may amend its service or pricing options from time to time and such variations will be displayed in these Terms and Conditions and the website.

By using WeMix you undertake and represent that your computer and ISP have the minimum specification hardware, software and capability required for use of WeMix.

Products, services and other web sites advertised or linked to from or using WeMix have not been checked or reviewed by WeMix, and your use and access of these is made at your own risk.

The username and password issued to you is personal to you to allow you to use WeMix on these Terms and must not be disclosed to any other person without WeMix’s agreement in writing. You agree to ensure that the username and password are kept secure and confidential and agree to be liable for all purchases and actions undertaken using your username and password until you tell us that it has been compromised.

You undertake and represent that all information submitted in your registration with WeMix are and will be kept up to date and accurate.

All email communications (and attachments) sent by WeMix are intended only for the person they are addressed to and/or others authorised to receive them.

You agree to indemnify and hold harmless WeMix, its directors, employees and personnel, against all liability it may have in respect of and arising out of your use and misuse of WeMix.

Order of Goods

Music Video products are only for delivery to customers in EEC.

Goods are displayed on WeMix for you to offer to purchase (“Order”) them for the price stated (plus delivery where applicable and communicated to you at or before the time of purchase).

Orders are subject to these Terms and Conditions. All Orders will be confirmed by e-mail and are deemed accepted when a confirmation e-mail is sent by WeMix.

We take payment from your card at the time we receive your order.

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible by email 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.

WeMix may cancel any sale and not supply Goods if reasonable to do so and may change or discontinue the availability of Goods at any time at its sole discretion. Your account will be re-credited for any such sum debited by WeMix.

You must ensure that you order from WeMix with sufficient lead-time to prevent any loss or disappointment resulting from such non-shipment. WeMix must receive payment of the whole of the price for the Goods that you order before your Order can be accepted, and the Contract formed. Once payment has been received WeMix will confirm that your Order has been received by sending an email to you at the email address you provide in your registration form. WeMix’s acceptance of your Order brings into existence a legally binding Contract between us on these Terms. Any Term sought to be imposed by you in your Order will not form part of the Contract.

WeMix is entitled to withdraw from any Contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website.

Payment and Delivery

All prices include VAT (where and if applicable) at the applicable current rates and delivery charges, unless expressly stated otherwise.

All prices are quoted in Pounds Sterling or Euros.

WeMix accepts orders that are processed online using a credit card payment gateway [Sage Pay]. All credit card transactions are encrypted using Secure Server Technology.

Delivery will be made by reputable delivery agents nominated by WeMix, to the address you give when you Order, within the timescale indicated to you in our email accepting your Order.

We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Whilst WeMix will do its best to keep you updated WeMix shall be under no liability for any delay or failure to deliver the products within estimated timescales.

Shipments outside the UK may be subject to local import taxes and such taxes shall be the responsibility of you the Customer. WeMix will insure the Goods whilst in transit, however, risk in Goods passes to you on delivery to the address you provide to WeMix with your Order and WeMix will not be liable for any subsequent loss or destruction.

Any invoices will be sent to the billing address and not the shipping address where they differ.

Where you subscribe to WeMix services on a periodic contract the contract shall be automatically renewed, and periodic fees deducted from your account as agreed unless and until you cancel your subscription.

Withdrawal By You From The Contract

You may withdraw your Order at any time up to the end of the 7th working day after you receive the Goods provided that you have not opened and or used them. You do not need to give WeMix any reason for withdrawing your Order nor will you have to pay any penalty, but you will be responsible for the costs or returning the goods and must return the Goods in their original condition and with the despatch note. To withdraw your Order, you must notify WeMix and send the Goods back to WeMix at the address below and at your own cost and risk After you have notified WeMix that you are withdrawing your order WeMix shall re-credit to your account any sum debited by WeMix within 30 days of your notification PROVIDED THAT the goods in question have been returned by you and received by WeMix in the condition they were in when delivered to you, or you have not begun to take advantage of any services ordered.

Liability and Indemnity

WeMix use reasonable endeavours to ensure that Goods are properly packed however, if the goods arrive to you with defects or are damaged in any way, we will replace the goods, whenever possible, free of charge or provide a full refund, provided you notify us at the postal or email address below, immediately upon receipt of the goods.

You undertake to inspect the Goods upon delivery and WeMix shall have no liability for any problem with any Order unless notified in writing within 10 working days of Delivery or last day delivery is due. If so notified, WeMix may, as it considers appropriate, make good any non-delivery; replace or repair any Goods that are damaged or defective or re-credit to your account any sum debited by WeMix from your credit card or refund all monies paid to WeMix in respect of the relevant Goods.

In no event will WeMix be liable to you or any third party in respect of any computer system, hardware or communications system failure or for any loss or damage of any kind (except personal injury or death arising from WeMix’s negligence) including lost profits or other consequential loss arising from the use of or inability to use WeMix or from errors or deficiencies in it or any computer system, hardware or communications system, whether caused by negligence or otherwise.

WeMix shall have no liability in respect of any other website or page on the internet accessible from WeMix. Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law with exception of liability for death, personal injury or fraud. Notwithstanding the above, WeMix aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Goods.

Warranties

You acknowledge agree and undertake that any use of WeMix and/or the Goods beyond that stated in these Terms is strictly prohibited and you agree not to copy, modify, reverse engineer, translate, hack, re-use, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of or otherwise use such material and content in whole or in part or to permit any other persons to do so. All and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of WeMix on creation. WeMix will use reasonable endeavours to verify the accuracy of any information on the site or the goods but makes no representation or warranty of any kind regarding the contents of the site and or goods or that they will be error-free, that defects will be corrected, or that the site, the server and or the goods that it makes available are free of viruses or bugs and WeMix will not be responsible or liable to you for any loss of content or material and WeMix accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site and or goods.

You acknowledge and agree that the material and content contained within the Goods is made available for commercial use only and is subject to a public performance license. You warrant and undertake that you are responsible for all public performance licenses of whatever nature whatsoever arising as a result of your commercial use of the Goods.

Ownership of the Goods

You acknowledge and agree that the Goods are provided for use in Public Locations only by professional disc jockeys and video jockeys amongst others. In entering this agreement and paying the purchase price, you warrant that you are a Public Location, disc jockey and/or a video jockey. By entering these Terms and Conditions and paying the purchase price, you will be entitled to use the physical property in the Goods. This right of use is non-transferable, and is subject to you obtaining the relevant licenses for the public performance of the Goods and the works contained thereon. Legal title in the Goods shall remain the property of WeMix. In the event that WeMix becomes aware that you are in breach of the warranty given in the first paragraph of this section, WeMix shall be entitled to the return of the Goods by you at your costs and/or request the destruction of any digital copies of the Goods. In the event that WeMix exercises this right, you shall not be entitled to any refund.

In the event that WeMix is aware that you have proposed to dispose of the Goods, either by way of sale, gift or any other transfer, WeMix shall be entitled to the return of the Goods by you at your costs and/or request the destruction of any digital copies of the Goods. In the event that WeMix exercises this right, you shall not be entitled to any refund.

In the event that you re-sell the Goods without the knowledge of WeMix, WeMix shall be entitled to payment by you of the amount of £100.00 per Music Video, with that amount reflecting the losses incurred by WeMix as a result of your sale of the Goods to persons unauthorised to receive them by WeMix.

Intellectual Property Rights

All copyright, design rights, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor (“Intellectual Property Rights”) in WeMix and the Goods offered through this website belong to, vest in and are the exclusive property of WeMix, or are licensed to WeMix unless otherwise specified. All such rights of WeMix and all moral rights it has are hereby asserted and reserved.

WeMix is a registered trademark name of WeMix Limited, the use of which is expressly forbidden by any other persons without the express permission of WeMix.

WeMix makes no warranty or representation in respect of any other trademark.

By purchasing Goods from WeMix, you acquire only rights of ownership to the physical goods and/or playable digital files and not any right to or interest in any underlying copyright in the audio and audio/visual recording and the music composition or any intellectual property right in the work itself nor the right to broadcast, reproduce, copy, edit, re-engineer, download or file share the same.

General

Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law (subject to your statutory and common law consumer rights). All questions, comments or enquiries should be directed by email to info@wemix.eu or by post to:

Postmaster
WeMix
Unit 1 - Devonshire House
Cliveden Office Village
Lancaster Road
High Wycombe
HP12 3YZ
United Kingdom

The contract between us shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract. It is hereby asserted that WeMix is intended for and directed at the UK and no representation or warranty is made as to whether WeMix complies with the regulatory regime and local laws of any other countries.

These Terms and Conditions constitute the entire agreement between you and WeMix and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by WeMix.

WeMix reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

If WeMix does not enforce any provision of this agreement such will not be considered a waiver of any provision or right. WeMix operates a dispute resolution procedure, which is used to try to assist you when queries first arise. If you have any issues you wish to discuss with us please contact us at the following address: