SILVA SCREEN

TERMS AND CONDITIONS OF SALE FOR DOWNLOADS AND PRODUCTS

1. General

1. Silva Screen hopes you enjoy the music you are about to purchase. We hope the experience you have on our site is a good one. We are committed to providing you with a professional service and the following terms are necessary to regulate our online relationship.

1. These terms and conditions apply to the sale by Silva Screen Records Limited (“We” “Our” “Us”) of music by means of digital downloads and to other physical products such as compact discs, DVDs and other items offered for sale by us from time to time and purchased by the  user (“You” “Your”).

1. These terms and conditions of sale shall be read in conjunction with the general Website Terms and Conditions and any other supplemental agreement(s) and together shall form the contract between us.

1. Services and Description of Goods.
1. Digital music files shall be made available for you to download (“Downloads”) and other items can be ordered and delivered to you in accordance with our [acknowledgement of order] (“Products”).   You shall be responsible for downloading files and providing the computer software to do so.
2. The quantity and description of Downloads and Products shall be as set out in our [acknowledgement of order.] All descriptive material, specifications and advertising provided by us are for the purpose of giving an impression of the goods and shall not form part of the contract.  
3. Although unlikely, we reserve the right to change the designs, colours, materials or specifications of the goods at any time without prior notice. If any such change is made after an order is accepted we will notify you of such change and you shall have the right to cancel the order within seven days of such notification and shall be reimbursed by us.

1. The contract between us
1. We must receive payment of the whole of the price for the Download or Products that you order before the Download is available or the order for the Product can be accepted.
2. Once payment has been received by us we will send you a confirmation email that your order has been accepted at the email address you provide in your order form.  Our acceptance of your order brings into existence a legally binding contract between us.

1. Price and payment
1. The prices payable for Downloads and Products that you order are as set out in our website and (where applicable) include VAT.
2. In the case of physical products you may be required to pay extra for delivery and it might not be possible for us to deliver to some locations.  Our delivery charges and payment methods are set out in our website. If you have any questions before purchasing please get in touch.

1. Cancellations and returns.  
1. Unfortunately, you are not entitled to cancel the purchase of a Download after we have received payment. Downloads may not be returned unless they are defective- and we hope that they will not be. Of course if you are unable to complete a Download or would like to request a replacement file please contact our helpdesk and we will be very happy to help. We want you to enjoy your music!
2. In respect of Products subject to clause 5.3 below you may cancel your contract with us for the Products you order at any time up to the end of the seventh working day from the date you receive the ordered Products.  You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3. To cancel your contract you must notify us in writing in accordance with the Website Terms and Conditions.
4. You cannot cancel your contract if the Products you have ordered are custom-made by us for you at your request.
5. If you have received the Products before you cancel your contract then you must send the Products back to our contact address at your own cost and risk.  If you cancel your contract but we have already processed the Products for delivery you must not unpack the Products when they are received by you and you must send the Products back to us at our contact address at your own cost and risk as soon as possible.
6. Once you have notified us that you are cancelling your contract, any sum [debited to us from your credit card] will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Products in question are returned by you and received by us in the condition they were in when delivered to you.  If you do not return the Products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.

1. Cancellation by us
1. We hope we will always be able to deliver what you want, when you want it, but in the unlikely event that we can’t we reserve the right to cancel the contract for the following reasons:
1. we have insufficient stock to deliver the Products you have ordered;
2. we do not deliver to your area; or
3. one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.  We will not be obliged to offer any additional compensation for disappointment suffered.

1. Delivery of Products to you
1. We will deliver the Products to the address you give us for delivery at the time you make your order.
2. Delivery will be made as soon as possible after your order is accepted and in any event within [30 days] of your order.
3. You will become the owner of the Products you have ordered when they have been delivered to you.  Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

1. Liability
1. Some Downloads and Products may include content which is considered offensive or objectionable. You agree that we shall not be liable to you for any such content.  
2. If the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at [enter address] or our contact postal address of the problem within 10 working days of the delivery of the Products in question.
3. If you do not receive Products ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem in writing at [enter address] within 30 days of the date on which you ordered the goods.
4. If you notify a problem to us under this condition, our only obligation will be, at your option:
1. to make good any shortage or non-delivery;
2. to replace or repair any Products or Downloads that are damaged or defective; or
3. to refund to you the amount paid by you for the Downloads or Products in question by whatever payment method we choose.
5. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Download or Products in question.
6. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our site.  The importation or exportation of certain of our Products may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7. nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded

1. Events beyond our control

We shall have no liability to you for any failure to deliver Products or Downloads you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.