Terms and Conditions
Welcome to http://fatcity.co.uk ("the Website") owned and operated by Jazzman Records Limited whose registered office is Unit 10 Fairview Estate, Newtown Rd, Henley-on-Thames, RG9 1HG, United Kingdom.
General Terms and Conditions
- If you wish to register with the Website, you must enter the "Log In" page on the Website and register using our online registration process. In doing so you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Website's registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.
- You will also receive an account upon completing the Website's registration process. Irrespective of whether you choose to use the "remember me" function that we offer in relation to your password/user ID, you are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
- We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
- The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
- You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
- You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
- You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
- We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying Fat City Records, Jazzman Records Limited, their licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Fat City Records or Jazzman Records Limited as part of or in conjunction with the hyperlink.
- We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
- You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Please be aware that when you complete a purchase, the purchased track is instantly impregnated with a 'watermark'. This watermark contains your unique ID and cannot be removed. We constantly monitor the internet and P2P websites for breaches of our and our licensors copyright emanating from tracks originally purchased from the Website. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who's copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.
- You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions. The Website is Copyright, "© 1993 - 2012 Fat City / Jazzman Records Limited. All rights reserved".
- We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
- You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. All Digital Recordings provided via the Website are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantibility, fitness for a particular purpose, title and non infringement.
- We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.
- We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party's hypertext link.
- Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
- If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
- These Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Physical Products purchased from The Website ("Products")
- When placing an order for any Products from the Website, you will state, specifically, which Products you desire to purchase and shall also at the same time confirm to us, at your own risk, your home address, telephone number (including STD code), delivery requirements and selected payment method including credit card/debit card details together with such other details that may be requested at that time from you by us. Any orders received by us after 5.00PM GMT/BST shall be deemed to be received the following working day. Your contract for purchases of physical items through the Website is with Fat City Records/ Jazzman Records Limited whose registered office address is Unit 10 Fairview Estate, Newtown Rd, Henley-on-Thames
RG9 1HG, United Kingdom, and you undertake that any and all products ordered by you are for your own private and domestic use only. You further agree that email can be used as a long-distance means of communication.
- No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an email to you confirming that we have accepted your order ("Order Receipt"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the email to you (whether or not you receive that email). This confirmation email amounts to an acceptance by us of your offer to buy products from us or a 3rd party supplier that is engaged on your behalf by us.
- You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
- For physical orders to be delivered outside the European Union, you agree to pay any applicable sales tax or customs duties or charges levied by your government or local customs/tax office and indemnify Fat City Records / Jazzman Records Limited from such charges. In the event that you are unwilling or unable to pay these charges: i) For Royal Mail air mail orders, we will allow the return of the parcel at your expense and, we will credit or refund you for the value of your order excluding postage and any applicable insurance or other surcharges. ii) For UPS orders, tax and duty must be paid regardless of successful delivery and we will only allow the return of the parcel if you agree that any refund provided for a return excludes postage, UPS return shipping costs, tax and duty charges, and any applicable insurance or other surcharges. In the event that the value of the items on your order an insufficient to cover these costs, you agree to provide further payment by credit/debit card or PayPal.
- You may cancel your order at any time prior to your order being dispatched by emailing us and ensuring that you quote your name, address and order reference number or by telephoning +44 (0)149 15 78 601 between 10am and 6pm GMT/BST, Monday to Friday.
- Our fourteen (14) day returns policy: Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies:
- Damaged or defective goods: in the unlikely event that you receive products which are damaged or defective, we shall, at our own option, either replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the products and that, in the case of physical products, you return the products in the same condition that you received them;
- For digital or downloaded items, we will not entertain claims for faulty products based on production values. We do not specify the criteria under which artists or labels produce their products, and so cannot provide any guarantees of issues production quality, such as, but not limited to, recording volumes, analogue mastering, frequency ranges in audio files;
- Our mistake: If items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge; whichever you prefer. Please note that when you place your order, a label is automatically generated from the address you type into your account details, so you are responsible for getting this right. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us;
- Your mistake: If items are not delivered because you gave us an incorrect address, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, the items may become “lost” in the post and we cannot be held responsible for this. If the items are returned to us, we will notify you with the option to either have us re-send the items but you will have to pay the P&P charge again or refund the cost of the items excluding the P&P;
Please note that we are unable to accept cancellation of any orders for digital downloads, nor offer any refund for such orders, once downloading has commenced.
All orders are made subject to acceptance by you of these Conditions and fulfilment of any order for Products is subject to stock availability and acceptance by us of your order. We are under no obligation to fulfil any customer order.
You can check the progress of your order by visiting the "My Account” section of the website.
Music Downloaded From The Website ("Downloads")
- Your use of the Downloads from the Website is conditional upon your prior acceptance of all Conditions referred to herein.
- All sales are final. A sale is confirmed immediately when you begin to download a song from the Website and you will have no right to cancel your contract once the sale commences.
- We accept all major credit and debit cards as methods of payment for purchasing songs from the Website. We are also unable to process payments on Maestro cards issued outside of the United Kingdom. Please note:
- Credit and debit cards have daily spending limits that may prevent the processing of your order.
- If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will not be able to use that card for your purchase and should use another payment card.
or alternatively write to us at the following address:
Unit 10 Fairview Estate