1. GENERAL INFORMATION
1.1 Agreement: These Terms and Conditions comprise an Agreement between MusiMask Store (we, us, our) and visitors to our website (you, your) whether or not you choose to buy any offer presented. If you do not accept these Terms and Conditions then you must not continue to use the website.
1.2 Email contact: Information gathered on our email registration form is simply your email address. This costs nothing to you but lets us inform you of special offers that are not available to non-subscribers. You can unsubscribe from these mailings at any time.
We do not sell, share, trade, rent, or give away any of your personal information on our email lists.
1.3 Accuracy of information: You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
1.4 Contract of sale: No contract for sale and purchase will exist between you and MusiMask store unless and until MusiMask store accepts your order by e-mail confirming it has been dispatched.
1.5 Service Restrictions: We reserve the right to refuse any order from any person at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
1.6 Contests: occasionally we run contests and competitions on our website or social media pages and contact information provided by entrants will be used to make contact when necessary (e.g. to notify the winners) and contest entrants are added to our mailing list for future product mailings. You can unsubscribe from these mailings at any time.
2. ORIGIN
MusiMask Store is operated by Grupo Kiwi S.R.L. MusiMask store makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations and visitors from other locations are responsible for compliance with local laws where applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
3. CONTENT
3.1 MusiMask store has taken reasonable care in the preparation of this website however, to the extent permitted by applicable law, MusiMask store disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
3.2 MusiMask store disclaims liability to any person for any loss or damage, which may arise from the use or misuse of any of the information contained in any of the materials on this site.
3.3 Hyperlinks on this website may lead to third-party websites which are external to the MusiMask website. MusiMask store has no control over and will accept no responsibility or liability for the materials or for the use of Personally Identifiable Information on any third-party site.
4. LIMITATION OF LIABILITY
4.1 You agree that MusiMask store shall not be liable whether in contract, tort, negligence, statutory duty or otherwise, for any:
4.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect, or special loss or damage howsoever arising from or in any way connected with this Agreement;
4.1.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of events) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under MusiMask store’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where MusiMask store has been advised of the possibility of such loss or damage).
4.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 4.1 above) the maximum aggregate of liability of MusiMask store in contract, tort, negligence, statutory duty or otherwise (even where MusiMask store has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
4.2.1 any defect in a product;
4.2.2 any failure by MusiMask store to process inputs, data, information, orders or messages correctly or in a timely manner;
4.2.3 any misrouting or non-delivery of signals, data, information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
4.2.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series of events (whether connected or not) taking place within any twelve month period be limited, in the case of defects falling within clause 4.2.1, to the price of the relevant goods and otherwise to USD $50. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and MusiMask store becomes liable for loss or damage that could otherwise have been limited.
4.3 You agree and acknowledge that you are in a better position than MusiMask store to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by MusiMask store, and therefore that MusiMask store cannot adequately insure in respect of such liability. You warrant to MusiMask store that you will insure against, or else bear yourself, any loss for which MusiMask store has excluded liability.
4.4 Except for the provisions of clause 2.1, some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 4 may not apply to you.
4.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of MusiMask store.
5. INDEMNITY
Save to the extent that it falls within the provisions of clause 4, you shall indemnify MusiMask store and any third party (including its suppliers, partners and sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the MusiMask website or purchase of goods and/or services from the website which are brought or threatened against MusiMask store or suffered or incurred by MusiMask store, or by another person or entity.
6. DELIVERY
Delivery times quoted are estimates only, and MusiMask store shall not be liable for any delays caused except to the extent caused wilfully or negligently by MusiMask store.
7. COPYRIGHT
All designs, text, graphics and their selection and arrangement on this website are copyright to MusiMask store or its content providers. As a visitor to the MusiMask website you are licensed to copy electronically or to print product information from the website for your own personal, non-commercial use. Any other use of materials on this site without our prior written consent is strictly prohibited.
8. TYPOGRAPHICAL AND PRICING ERRORS
Prices for our products are subject to change without notice. In the event any product is inadvertently listed at an incorrect price due to a typographical error or due to an error in pricing information transmitted from our suppliers, we shall have the right to cancel or refuse to meet any orders placed for that product even if the order has been confirmed and your credit card has been charged. If we cancel your order after your credit card has already been charged for the purchase then we shall immediately issue a credit to your credit card account for the amount of the charge.
9. MATTERS BEYOND OUR REASONABLE CONTROL
MusiMask store shall not be held liable for any breach of this Agreement caused by circumstances beyond its control including, but not limited to, Acts of God, fire, flood, lightning, pandemics, exceptional weather, explosion, war, disorder, industrial disputes (whether or not involving our employees or the employees of our partners, suppliers, or sub-contractors), acts or omissions of Internet Services Providers or acts of local or central Government or other competent authorities.
10. LANGUAGE
Where there is any conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
11. SEVERABILITY
If any provision of this Agreement shall be adjudged unlawful, void or otherwise unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remainder.
12. DISCOUNT VOUCHERS AND COUPON CODES
12.1 Discount voucher and coupon code details form part of these Terms and Conditions:
12.1.1 Applicability: Valid discount vouchers and coupon codes may be redeemed on any purchase where provided for in the specific terms and conditions of that voucher or coupon.
12.1.2 Price: Discount vouchers and coupon codes can only be applied against the full normal Recommended Retail Price of the product unless otherwise stated. For the avoidance of doubt, discount vouchers and coupon codes cannot be used for products at sale prices.
12.1.3 Limit: Only one valid discount voucher or coupon may be used per order transaction. A minimum order value may apply, and coupons cannot be applied to multiple orders unless stated.
12.1.4 Personal use: Only one discount voucher or coupon code can be used per person unless otherwise specified.
12.1.5 Excess: Valid discount vouchers and coupon codes may be applied towards the purchase of goods of a higher price than the value of the discount voucher or coupon code on payment of the excess by valid payment method.
12.1.6 Not retrospective: A discount voucher or coupon code cannot be retrospectively claimed on transactions that have already been processed by MusiMask store.
12.1.7 Not cumulative: Discount vouchers and coupon codes cannot be used in conjunction with Promotional and Gift Vouchers unless otherwise specified.
12.1.8 Not refundable: Discount vouchers and coupon codes cannot be refunded and have a cash redemption value of 0.001 cent.
12.1.9 Not transferable: Discount vouchers and coupon codes are not transferable and can be redeemed only by the person to whom they were granted.
12.1.10 Right to cancel: MusiMask store reserves the right to immediately suspend processing of a purchase order or product refund if it believes the customer is in breach of any of these terms and conditions.
12.1.11 Modification: MusiMask store reserves the right to amend the terms and conditions for the use of Discount Vouchers and Coupon Codes at any time and to take any action it deems reasonably necessary which may include cancelling the offer of Discount Vouchers or Coupon Codes. This does not affect your legal rights.
13. CONTESTS & COMPETITIONS
13.1 Competition details form part of these Terms and Conditions.
13.1.1 Entry is not permitted for employees (and their families) of MusiMask store, its partners, agents, or sub-contractors; or the suppliers of the prizes and any other companies associated with the competition.
13.1.2 Each entrant must be aged 18 years or more. Proof of identity and age may be required.
13.1.3 Provision of false details or misuse of the intention of the competition will result in disqualification at the sole discretion of MusiMask store.
13.1.4 All entries must be made directly by the person entering the competition.
13.1.5 Entries made online using methods generated by a script, macro or the use of automated software and devices will be void.
13.1.6 No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer transmission errors.
13.1.7 The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
13.1.8 Prizes are subject to availability and the prize suppliers’ terms and conditions where applicable.
13.1.9 The promoters reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.
13.1.10 In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.
13.1.11 The winner agrees to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by MusiMask store relating to any post-winning publicity.
13.1.12 Unless otherwise stated the winner will be drawn at random from all valid entries received by the closing date as stated in the competition promotional material.
13.1.13 The winner will be notified by email. If the winner does not respond within 7 days, or is unable to comply with these terms and conditions, MusiMask store reserves the right to offer the prize to the next eligible entrant drawn at random.
13.1.14 Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
13.1.15 Competitions may be modified or withdrawn at any time.