TERMS AND CONDITIONS

Welcome


Welcome to the Blind Spot Music & Radio Show website terms and conditions for use. These terms and conditions apply to the use of this website at www.blindspotmusic.co.uk, www.blindspotshow.co.uk, www.newbreedoftheblindspot, www.drhoffmann.co.uk and www.doctorhoffmann.com.

By accessing this website and / or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to sign up with or order form us. If you do not accept these terms do not use this website. These are the terms on which you will be allowed to access the podcasts, the Blind Spot Shop for permanent downloads and the purchase of materials and / or merchandise and other services operated on this website. All rights, including copyright, in the content of the Site are owned or controlled for these purposes by Blind Spot Music Ltd.

Blind Spot Music / How to contact Us


The www.blindspotmusic.co.uk website and its all sub-sites: www.blindspotshow.co.uk, www.newbreedoftheblindspot, www.drhoffmann.co.uk and www.doctorhoffmann.com are operated by Blind Spot Music Ltd, a company registered in England and Wales, whose registered office is at 4 Hilton Road, Manchester, M22 4ZD. Our company registration number is 7288759. You can contact us via email regarding your order: sales@blindspotmusic.co.uk or any general inquires: music@blindspotmusic.co.uk.

Description of Service

Visiting the website you will be available to purchase digital downloads of sound and video recordings, related digital content and materials, and also purchase merchandise such as T-shirts, Vinyl etc. Payment will be per purchased track, material or merchandise and will be taken from your credit or debit card or a PayPal account via PayPal business service. All download MP3s are provided at 320kbps or WAV. When signing up or purchasing, you will be signing up to receive news and offers from Blind Spot Music in the form of e-mail with an option to unsubscribe from this service at any time.

Intellectual Property Rights

All Tracks, Materials or Clips and all software, artwork, graphics, video, text interfaces, trademarks, logos, images photographs, and any other element of the Blind Spot Music websites (collectively 'Content'), including but not limited to the layout, election, organization and co-ordination of such Content on the website is the property of or is licensed to Blind Spot Music Ltd, and is protected by trademark, copyright, and other intellectual property rights laws. Without the prior consent of Blind Spot Music Ltd, and except as provided in these terms of use, no Content may be copied, reproduced, transmitted/translated, shared , publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website or other medium for any commercial or non commercial purpose. Any security technology that is provided as part of the Download Service is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in Tracks or Material or any works embodied in them. By using this Service, you only obtain the right to download and stream the Clips, Tracks and Materials on your PC or other device. Piracy is illegal. You may not make or distribute copies to any other person or entity.

Registration

There is no registration on the websites although must provide your name, valid email address, telephone number, and delivery and payment address details to be able to purchase any materials. We will use this information to process your payments for the Service and also to monitor which Tracks and/or Materials you are permitted to Download.  Under certain licenses to Blind Spot Music we are not permitted to allow Downloads in certain countries. It is important therefore that you give us your correct billing address. If you give us an incorrect address, and as a result of permitting the Download, we are in break of our licence, we reserve the right to cancel your registration immediately without liability to you and you will be liable to us for any subsequent losses.

Forming a Contract with You

You are under no obligation to purchase Tracks, Materials or Merchandise from us. When you are on the website and you have chosen your Tracks, Materials and/or Merchandise to purchase and added these to your cart, you will be asked to click on either the 'Continue’ or 'Pay Now' buttons. At that point a contract between us will be formed.

Payment

Payment will be taken from the credit or debit card, PayPay account and other approved ways via PayPal business service. You will be required to provide, the card type, card number, card address, expiry date, issue date and the 3 digit pin number at the back of the card. Until the payment is processed and accepted, no Merchandise will be dispatched and or access will be given to the Tracks and/or Materials for Download products. Your card payment address details will not be stored by us. You are responsible for checking that the details supplied are correct before confirming your order, including the correct delivery address, that you have sufficient funds in the account to cover the costs of Tracks, Materials and/or Merchandise. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, or us or our authorised agents are unable to contact your card issuer, Blind Spot Music will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal. Blind Spot Music are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment. You further confirm that all account details supplied by you when you order goods are true and accurate.

Taxes

Blind Spot Music pricing policy for download tracks, materials & merchandise is to offer them at the same price to all our customers wherever they live in the world. Blind Spot Music is not VAT registered company, so you not need to pay VAT on purchased items. You are responsible for paying any non VAT governmental taxes imposed on your purchases, including but not limited to, sales, import and export duty etc. We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination. Digital content is only provided according to the allowable country for each track. If your credit card is registered to a country that the track is not available for then Blind Spot Music will not provide the download.

Processing and Delivery of Goods

You are responsible for ensuring that you have carefully checked your order, including item quantities, before submission as Blind Spot Music cannot be held responsible for any errors arising from this. Blind Spot Music 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 Blind Spot Music will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The email will include your name, the order number and the total price. Blind Spot Music'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. Blind Spot Music may choose not to accept your order for any reason, but we will tell you if we choose not to accept your order using the contact details provided by you. Blind Spot Music aim to dispatch all physical goods within 3 working days of receiving your order. Your order may be delayed if the item is not in stock. Some items may be unavailable and the current stock status is approximate.

Goods will be sent to the delivery address supplied by you in the shipping information section. All physical good delivered by Royal Mail.

From dispatch date, here is an approximately guide to how long it should take*:
UK: Approximately 1-4 working days
Europe: Approximately 4-7 working days
Rest of World: Approximately 7-20 working days (depending on location)

*Please note that all time frames are from the date of shipping, not from the date that your order was placed also that this is a guide only and should not be interpreted as a guarantee of delivery time

PLEASE MAKE SURE YOU STATE THE CORRECT DELIVERY COUNTRY WHEN PLACING YOUR ORDER, FAILURE TO DO SO MAY RESULT IN INCORRECT POSTAGE BEING PAID, WHICH WILL LEAD TO YOUR ORDER BEING WITHHELD UNTIL FULL POSTAGE IS PAID.

Depending on factors beyond our control (for example local delivery problems, and customs inspections / delays) this can take longer.

If you have not received your parcel within 28 days please contact us.

Postage & Packing Rates


Each item is priced for delivery according to it's weight and volume. The postal charges are calculated from your delivery address and are always displayed before you commit to your order.

Incorrect or Damaged Goods Delivered

If you have received incorrect items in your order, or the goods have been damaged in transit please contact us at sales@blindspotmusic.co.uk. They will advise you on how to send back the items and replace them with the correct items or the courses of actions available to you for compensation or the replacement of damaged goods.

Refund Policy

Subject always to your statutory rights, you may withdraw your order for goods at any time up to seven (7) days after you have received the goods unless you have taken the goods you have ordered out of the sealed package in which they were delivered. You must send the goods back to Blind Spot Music at the Blind Spot Music contact address at your own cost and risk as soon as possible. (We cannot be responsible for any goods that we do not receive, so we suggest that you send any returns back to us using some form of guaranteed delivery that requires a signature.) We will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. A refund will then be provided within thirty (30) days of your order provided that the goods in question are returned by you and received by Blind Spot Music unopened and in a re-saleable state. The products will be at your risk from the time of delivery. If products are returned to us in a non-re-saleable state we will refuse to accept the goods and you may have to compensate us.

The downloading of digital content commences the moment Blind Spot Music starts processing your order. Due to the exclusive nature of the digital content you will not be able to make any cancellation or return in relation to any part of the digital content once you have pressed SUBMIT to submit your order. For the avoidance of doubt, your right to withdraw from the contract as set out above does not apply to any part of the digital content. You are responsible for ensuring that you have carefully checked that your order reflects accurately the digital content that you want to receive before submission and that your computer meets the minimum systems requirements. Delivery of digital content specified in your order that you do not want or incomplete delivery or functioning as a consequence of your failure to observe the minimum service requirements, will not constitute grounds for cancellation, refund or exchange. You are also responsible for ensuring that your player is configured properly. Blind Spot Music will not be responsible for your failure to do so. Your failure to properly configure your player will not constitute grounds for cancellation, refund or exchange.

Your Rights to use Copyrighted Music

When you purchase digital content, you must comply with all applicable national and international laws governing the use of copyright material. Without prejudice to any Licence sent to you under these terms and conditions, you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material subsisting in the digital content, its design, structure, graphics, music and audio content and all software and source codes connected with and comprised in the digital content shall remain at all times vested in Blind Spot Music or our licensors.

You are permitted to use the content only as expressly authorised by Blind Spot Music and under any Licence. You acknowledge and agree that the Content is made available for your personal non-commercial use only. Except as expressly set out above, without limitation, you may not do - or allow third parties to do - any of the following without prior written permission from Blind Spot Music: broadcast, communicate to the public, transmit, modify, adapt, create derivative works of or in any way commercially exploit any of the content; remove the copyright, trade mark notice or other rights management or identifier information from any copies of the content made under these terms and conditions; deep link to or frame any of the content; interfere with, or in any other way circumvent any copy protection mechanism utilised by Blind Spot Music in providing the content to you or otherwise associated with the content.

The sound recordings embodied in the Content you select for purchase are encoded with technology that restricts your use of that content. These restrictions are notified to you prior to submission of your order. These restrictions include (i) where you are allowed to burn (e.g. to make a permanent copy of Content), not to burn more than three (3) copies of content for your individual, personal use, and (ii) where you are allowed to export (e.g. to transfer or copy over content to another device), not to export copies of content to more than three (3) portable recipient devices for your individual, personal use and not to thereafter transfer, copy or export content to another PC, device or other media of any kind. Any burn, export or other capability provided to you shall not constitute a grant or waiver of any rights of the copyright owners of content. Any use of the content that contravenes the above is a violation of copyright under applicable laws and is prohibited.

Your use of any musical works comprised in the Content is subject to further restrictions proposed by the Performing Rights Society and Mechanical Copyright Protection Society.

Privacy Policy

When you sign up or make a purchase on Blind Spot Music website you grant permission for Blind Spot Music to contact you at your email address and or telephone number regarding the purchase. Blind Spot Music does not collect personal information from you in an effort to market to you more effectively, facilitate your purchases and offer a more personalised online experience.  Protecting your privacy is important to Blind Spot Music and by ensuring that you are knowledgeable and understand Blind Spot Music Privacy Policy, Blind Spot Music can provide you with better service. To better serve you, Blind Spot Music may use your personal information to contact you to request your participation in a market research survey. Maintaining your right to privacy is important to Blind Spot Music. Blind Spot Music will not sell your personal information to commercial entities, advertisers, etc. Blind Spot Music Records is not in the business of exploiting its Users. We do not store credit card details nor do we share customer details with any 3rd party parties.

Your Conduct

You are prohibited from posting or transmitting to this website any material: That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, and liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, and blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience. Anything for which you have not obtained any necessary licences and/or approvals. Anything which constitutes or encourages conduct that would be considered a criminal office, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party. In the UK or any other country in the world. Anything which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, works, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the website (including, without limitation, by hacking).Note that we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this section.

Termination

Blind Spot Music may at any time lose the right to make certain Clips, Tracks, Materials and or Merchandise available.  In such an event, you will no longer be able to access these Clips, Tracks, Materials or Merchandise from Blind Spot Music Ltd. websites search/browser function or obtain them form the websites catalogue. You can terminate the contract any time you like. You can do this by using the Un-subscribe function within the website or sending an email to info@blindspotmusic.co.uk with unsubscribe in the subject box, requesting that your user account be terminated. If you unsubscribe, you will no longer be entitled to use the Service, however we may retain your personal information in accordance with the Privacy Statement.

Exclusions

While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reasons this website is unavailable at any time or for any period. You have 30 minutes to download your tracks. We are happy to renew your tracks if you are having problems downloading, but please remember to back up all your music(!) as Blind Spot Music shall have no liability for lost, damaged or destroyed downloads and we cannot guarantee to renew old orders. While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the Content on the website.

Indemnity

By using this Service you agree to indemnify and hold harmless Blind Spot Music and its agents, employees, directors, contractors, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgements (including attorneys fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Tracks, the Materials, the Merchandise and Content and to reimburse them on demand for any losses, costs or expenses they incur as a result there of.

Limitation

In so far as is possible in law, we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, and direct, indirect or consequential loss or damages, or any loss of income or profits (whether direct or indirect) data, contracts, use of money, and whether in tort (including without limitation negligence, contract or otherwise) in connection with this website or the Service, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to use of or browsing this, website or your downloading of any material from this website or any websites linked to this website.

General

These terms and conditions, together with the current Website prices, delivery details and Blind Spot Music contact details, set out the whole of our agreement relating to the supply of the goods to you by Blind Spot Music. These terms and conditions cannot be varied except in writing signed by a director of Blind Spot Music. In particular nothing said by any sales person on behalf of Blind Spot Music should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Blind Spot Music. Blind Spot Music shall have no liability for any such representation being untrue or misleading. We may change these terms and conditions at any time and will publish their replacement on the website.

We control and operate the Site from our offices in the United Kingdom. We do not represent that the content or other information provided on the Site (including any advertising, promotion or any service) are appropriate, relevant or available for use outside the United Kingdom. If you choose to access the Site from locations outside the United Kingdom, you so do on your own initiative and are responsible for compliance with local laws.

The Website contains content of Blind Spot Music and is protected by copyright, trademark, patent, trade secret and other laws. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website. Blind Spot Music is not responsible for any incorrect or inaccurate content posted on the Website. This website may contain links to third party websites. These links are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites, or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.

Competitions

No purchase necessary.
Only one entry per person.
All qualifying entrants who answer the question correctly will be placed in a free prize draw.
Winners will be notified within 28 days of the draw taking place.
There is no cash alternative to the prize.
Competition is not open to anyone associated with Blind Spot Music or any associated companies.
The judges' decision is final and no correspondence will be entered into.
No responsibility can be accepted for entries which are not properly received due to communications beyond our control.
All prizes are subject availability.
Unless otherwise stated, all transport is the entrant's responsibility.


© 2012 Blind Spot Music Ltd. All Rights Reserved