Terms & Conditions
In this Agreement, the terms “Kartel Music Group”, “we”, “us” and “our” mean Kartel Ltd, a company incorporated in England and Wales under company number 4729090 and whose registered office is 14 Basing Hill, Golders Green, London, NW11 8TH; the terms “you” and “your” mean you, the Customer as defined below; and the term “Agreement” means these terms and conditions, together with any relevant price schedules and other related documentation as amended from time to time in accordance with clause 8.2.
1 Definitions & Construction
1.1 Unless the context otherwise requires, the following words and phrases shall have the following meanings:
“Customer” means a person that purchases an Item using the Website;
“Customer Account” means an online account you can activate and access to view and manage your order;
“Data Protection Legislation” means the Data Protection Act 1998 and associated legislation, regulations and guidance;
"Database" means any collation of information stored by Kartel Music Group in electronic form relating to Customers;
“Device” means a personal computer or other electronic device (including smartphones, tablets or similar);
“Digital Item” means any product (except for E-tickets) delivered to the Customer electronically including but not limited to video files, music files or other digital assets;
"E-ticket" means an electronic event ticket sent to the Customer via email and/or available to access via the Customer Account; this includes tickets for VIP upgrades or Meet and Greets, and tickets to live stream events
"Event Manager" means the organisation responsible for the venue or site in which an event is being held; the event may be either physical or live stream;
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
“Item” means any item or service listed for sale on the Website, including without limitation any Recording, E-ticket, item of clothing, artwork or other merchandise;
“Password” means a password provided to the Customer by Kartel Music Group giving access to any part of the Website or any Website Content, and includes any changes to that password made by the Customer;
"Payment Partner" means such third party payment agent authorised by Kartel Music Group from time to time to facilitate payments for Items purchased via the Website;
"Personal Data" means personal data (as defined in the Data Protection Legislation) relating to the Customer as acquired by Kartel Music Group via the Website;
"Physical Ticket" means a paper ticket for an event which is either to be sent to the Customer by post or made available for collection by the Customer;
"Physical Item" means any physical good (except for Physical Tickets) sent to the Customer by post;
"Recording" means audio and/or audio-visual recordings, originating from the Kartel Music Group server, whether downloaded from the Website, artist website, Rights Holder website, through a mobile or tablet application, email, social networking sites, or any other form of digital distribution;
“Recordings Licence” means, in respect of any Recording, the Customer's licence to access and use such Recording as set out in clause 5.3;
“Recordings Licensor” means, in respect of any Recording, the owner of the Intellectual Property Rights in that Recording;
"Rights Holder" means the owner of the Intellectual Property Rights in a Recording;
"Website" means the website currently found at www.kartelmusic.store and any other web pages hosted or powered by www.kartelmusic.store, including where such web pages use the branding of an entity other than Kartel Music Group; and
"Website Content" means all Data, data, and any other software, artwork, layout, trademarks or other materials comprising the Website or made available at the Website.
1.2 Where the context requires in this Agreement words denoting the singular shall include the plural and vice versa, words denoting the masculine gender shall include the feminine gender and words denoting persons shall include corporate entities. Unless the context otherwise requires references in this Agreement to any clause shall be deemed to be a reference to a clause in this Agreement, and references to any schedule shall be deemed to be a reference to a schedule to this Agreement. Unless the context otherwise requires any reference in this Agreement to any statute or other regulation or any guild agreement shall be a reference to such as the same may from time to time be amended or replaced. References to a party shall be deemed to include that party's successors in title and shall unless the context requires otherwise be deemed to be a reference to a party to this Agreement. The headings used in this Agreement shall be deemed not to be a part of this Agreement nor act in the construction of any provision of this Agreement.
2 Customer Obligations
2.1 The Customer agrees to comply with the terms and conditions set out in this Agreement, and in particular the Customer agrees:
2.1.1 to pay for all Items purchased via the Website;
2.1.2 to comply with all relevant laws, regulations and statutes when using the Website and any Item purchased from it;
2.1.3 not to disclose or permit the disclosure to any third party of any Password;
2.1.4 to accept responsibility for all activities that occur under the Customer's Kartel Music Group account, including for any transactions, payments or losses made or caused using the Customer's Password;
2.1.5 to promptly notify Kartel Music Group of any person impersonating the Customer at the Website or using the Customer's Password without the Customer's permission;
2.1.6 not to do or attempt to do anything which interferes with the operation of the Website including any attempt to gain unauthorised access to or use of any Website Content;
2.1.7 not to attempt to alter or otherwise carry out any unauthorised act in respect of any digital rights management applications or data embedded in Recordings or other digital content made available at the Website; and
2.1.8 not to resell, reproduce or exploit any Item or Website Content except as expressly permitted in this Agreement.
2.2 The Customer is responsible for ensuring that all details provided to Kartel Music Group are correct and complete, and for informing Kartel Music Group of any changes to the information the Customer has provided. The Customer can access and update much of the information provided through their Kartel Music Group account.
3 Data Protection
3.2 Subject to clause 4.1, Kartel Music Group may retain Personal Data as part of a Database notwithstanding that the Customer may cease to access the Website.
4 Intellectual Property Rights
4.1 The Customer hereby acknowledges and agrees that all Intellectual Property Rights in and to the Website and the Items are the property of Kartel Music Group and its licensors, and that Kartel Music Group and its licensors hereby expressly reserve all Intellectual Property Rights not explicitly granted in this Agreement.
4.2 Kartel Music Group grants to the Customer a non-exclusive, limited, revocable and personal licence to use the Website and the Website Content for the purpose of browsing and purchasing Items only. Unless and to the extent otherwise explicitly stated on the Website or in this Agreement, such licence does not include any right for the Customer or any third party to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, “mirror” or distribute in any way to any other computer, server, website or other medium, any Website Content for (i) publication or distribution; or (ii) for any commercial purpose.
4.3 In respect of any Recording purchased via the Website, the Customer will, unless otherwise stated on the Website at the time of purchase and subject to clause 5.4, have a personal, non-transferrable, limited, revocable, non-exclusive, worldwide, royalty-free licence to access and play the Recording for personal and non-commercial purposes only, and to download the Recording one or more times as permitted by the functionality of the Website from time to time.
4.4 Unless and to the extent otherwise explicitly stated on the Website or in this Agreement, no Recordings Licence will include any right for the Customer or any third party to (i) use any Recording for any commercial purpose, or (ii) copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, “mirror” or distribute in any way to any other computer, server, website or other medium any Recording (or allow any third party to do the so).
4.5 The Customer acknowledges and agrees that all Recordings Licences are granted by the Recordings Licensor, and that such Recordings Licensor will in many cases be a Recording Artist or Record Label, and not Kartel Music Group.
4.6 In respect of any physical Item, unless explicitly stated otherwise on the Website, the relevant licensor shall grant you a non-exclusive, non-transferable, limited, revocable and personal licence to use any such Item (and any Intellectual Property Rights therein) for your own personal and non-commercial use.
4.7 If you believe that any Item offered for sale via the Website infringes your Intellectual Property Rights, please contact Kartel Music Group in the first instance.
4.8 The Customer understands that by using the Website or by purchasing Items from it, the Customer may encounter material that the Customer deems to be offensive, indecent, or objectionable, and that such content or Items may or may not be identified as containing explicit material. Kartel Music Group accepts no liability for any offence, injury or other harm suffered by the Customer as a result of acquiring any Content other than arising from the negligent act of Kartel Music Group. Product types and descriptions, and where appropriate, samples will be provided for the Customer's convenience but the Customer acknowledges and agrees Kartel Music Group is not responsible for the accuracy of the same.
No commercial use
4.9 The Customer acknowledges and agrees that delivery of Items does not transfer to the Customer any commercial or promotional use rights in the Items.
5 Cancellations and Returns
5.1 In respect of Physical Items that you purchase via the Website:
5.1.1 you may cancel the purchase and claim a refund for any reason at any time before the Physical Item(s) have been dispatched or within 14 days from the date of receipt of the Physical Item(s) provided that you send back the Item(s) at your own cost; you must send the Item(s) back within 14 days of informing us of the cancellation; items you do not have the right to cancel are Items made to order or clearly personalised as well as sealed audio or video recordings including but not limited to sealed CDs, DVDs, vinyl and box sets, once they are unsealed;
5.1.2 if a Physical Item arrives damaged, defective or not as described, you have 6 months from the date the Physical Item was delivered to you to contact us providing clear proof of the condition of the Physical Item; if the Item is clearly damaged, defective or not as described, we will offer you a full refund, a partial refund or a replacement (if available); we may request that you send the Item(s) back to the and in that case, we will provide you with a pre-paid returns label;
5.1.3 if the 6 month period has expired and you discover that the Physical Item is defective, you can still contact us, however you have to prove that the Physical Item was defective when you first received it;
5.1.4 note that a product is "defective" where a manufacturing or material fault occurs; a Physical Item damaged due to wear and tear is not considered defective;
5.1.5 if the Physical Item(s) are being returned, we will withhold reimbursement until we have confirmation the goods have been returned or until you have supplied evidence of having sent back the goods via special/tracked service, whichever is earlier;
5.1.6 you may be liable if the value of the goods returned diminishes due to the handling of the goods other than as necessary to establish the nature, characteristics and functioning of the goods; returned goods that are not in new and unused condition may not be fully reimbursed;
5.1.7 if you do not receive a Physical Item within 14 days for UK orders or 21 days for Rest Of World orders of receipt of your shipping notification email, please contact us; we cannot offer a refund or replacement of items lost in the post if more than 90 days have passed from the date of dispatch (60 days for tracked orders);
5.3 In respect of Digital Items that you purchase via the Website:
5.3.1 you may cancel the purchase and claim a refund for any reason within 14 days of purchase (or the date the download was made available, whichever is later) only as long as you have not downloaded the Item; we cannot offer a refund after the 14 day cancellation period or after you have downloaded the Item.
5.3.2 if you receive an unacceptably poor download, you should reattempt the download, but if the issue cannot be resolved you must tell Kartel Music Group as soon as possible and no later than 30 days from the date of purchase (or the date the download was made available, whichever is later); we will attempt to provide you with a satisfactory download within 14 days of you raising the issue but if we are unable to do so, we will provide you with a full or partial refund; no refunds are offered in any other case.
5.4 In respect of E-tickets and Physical Tickets:
5.4.1 your right to cancel does not extend to E-tickets and Physical Tickets;
5.4.2 Kartel Music Group offers refunds only if an event is cancelled or rescheduled, as per 8.4 - 8.7. You will not be entitled to a refund if you fail to attend an event or make an error when purchasing tickets (for example you buy the wrong time-zoned ticket for a live stream event) or cannot view a live stream event for technical reasons.
5.4.3 If an event is cancelled or rescheduled, only the face value of the tickets will be refunded; any service charges and postage and packaging charges are non-refundable.
5.5 In respect of all Items:
5.5.1 all purchases are subject to credit or debit card verification and/or other security checks; if your payment has not passed the verification process, an order will not be created and you will not receive an order confirmation; in rare circumstances, your payment may be recalled by the associated bank or payment provider after an order has been created and order confirmation sent, in those circumstances, we reserve the right to cancel the order; we accept no responsibility or liability for such cancellations, as these are outside our control;
5.5.2 to prevent fraud and any other illegal activity, we reserve the right to carry out checks with fraud prevention agencies and databases; we may also request you to provide additional information in order to verify your purchase(s);
5.5.3 if we reasonably suspect that any order has been made fraudulently or otherwise in breach of these Terms & Conditions, we reserve the right to cancel it, without prior notice to you.
5.5.4. Refunds are issued only to the original payment method, i.e. the card or Paypal account used to make the purchase; it is your responsibility to ensure that you have access to the same payment method at the time of refund.
6 Pricing and Payments
6.1 All prices shown on the Website are exclusive of any customs duties, import VAT or any other charges levied by local governments on international parcels. Except where stated otherwise, the Customer is the importer of record and as such is responsible for paying these charges if applicable. These charges are not covered or reimbursed by us.
6.2 Payment for all Items purchased via the Website shall be transacted by the Payment Partner as agent for Kartel Music Group. However, any queries or complaints relating to such transactions shall in the first instance be directed to Kartel Music Group notwithstanding the applicable terms of the Payment Partner.
6.3 The Customer will pay for all Items purchased via the Website using such payment method as is offered by the Payment Partner, and the Customer shall be responsible for maintaining all necessary security and permissions with regard to the particular payment method chosen by the Customer. The Customer shall be responsible for all losses (including interest, bank charges and reasonable legal fees) incurred by Kartel Music Group or the Payment Partner as a result of a breach by the Customer of this clause 9.3.
6.4 If an Item becomes unavailable following completion of a payment transaction but prior to download or delivery of the Item, the Customer's sole remedy is a refund of the price paid for the unavailable Item. If technical problems prevent or unreasonably delay delivery of the Item, the Customer's exclusive and sole remedy is either replacement of the Item or refund of the price paid, as determined by Kartel Music Group.
6.5 Any refund made under this Agreement will, except where the refund is made as a result of the relevant Item being defective, have deducted from it the charges that the Payment Partner levies in making the refund payment.
7 Indemnity and Limitation of Liability
7.1 The Customer indemnifies Kartel Music Group against any loss (including legal fees) that Kartel Music Group may suffer resulting from any claim against Kartel Music Group inconsistent with any representation or agreement made by the Customer in this Agreement.
7.2 Kartel Music Group’s liability under this Agreement shall be limited as follows (other than in respect of personal injury caused by negligence or any other liability which cannot by law be excluded or limited):
7.2.1 in respect of any claim arising from the purchase of any Item, the amount paid by the Customer for such Item; and/or
7.2.2 in respect of any other claim, or aggregate claims, one pound (£1).
8.1 The Customer shall not disclose without Kartel Music Group’s prior written consent any confidential information that the Customer may receive pursuant to entering into this Agreement save as required in legal proceedings or to the Customer's professional advisers. A disclosure by the Customer's professional advisers shall be deemed to be a disclosure by the Customer.
8.2 Kartel Music Group may in its sole discretion vary this Agreement or impose new or additional terms and conditions at any time by posting such variations or additions on the Website. The Customer's continued use of the Website after such variations or additions have been posted shall be deemed to constitute the Customer's agreement to such variations or additions.
8.3 Kartel Music Group shall not be in breach of its obligations under this Agreement where performance is prevented by circumstances beyond its reasonable control. Kartel Music Group will take reasonable steps to mitigate the effects of any such circumstances.
8.4 This Agreement represents the entire agreement between the parties in respect of its subject matter.
8.5 If any clause or any part of this Agreement or the application of such to any party shall for any reason be adjudged by a court or other legal authority of competent jurisdiction to be invalid, such judgement shall not affect the remainder of this Agreement, the terms of which shall remain in full force and effect.
8.6 All notices referred to in this Agreement shall be sent:
8.6.1 in the case of notices to the Customer, if applicable, to the email address provided by the Customer;
8.6.2 in the case of notices to Kartel Music Group, to email@example.com.
8.7 The Customer may not assign, transfer or otherwise deal with any of its rights or obligations under this Agreement without Kartel Music Group’s express prior written consent. Kartel Music Group may assign, transfer, delegate, subcontract or otherwise deal with its rights and obligations without the Customer's consent. Kartel Music Group shall remain responsible and liable for the acts and omissions of its subcontractors.
8.8 Kartel Music Group reserves the right to cancel any purchase with a full refund, without cause.
8.9 Any email correspondence in relation to your purchase of any Item will go to the email address provided at the time of purchase. For purchases made using PayPal, the PayPal account email address shall be used.
8.10 The laws of England shall govern this Agreement and the English courts shall, to the extent permitted by applicable law, have exclusive jurisdiction.