Terms and Conditions
BACKGROUND:
Terms and Conditions
Please read these Terms and Conditions carefully before placing an order with Us.
These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.fairsound.com (“Our Site”).
These Terms and Conditions explain who We are, how Our Goods and services will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms and Conditions were last updated on 18/10/2022.
You will be required to read and accept these Terms and Conditions when ordering Goods, creating account, starting projects or selling goods. If you do not agree to comply with and be bound by these Terms and conditions, you will not be able to order Goods through Our site or use the services provided by the site. These Terms and conditions, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
Our Privacy Policy, available at https://fairsound.com/privacy-policy/
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” | means a contract for the purchase and sale of Goods, as explained in Part 10; |
“Contact Tools” | means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;] |
“Goods/Product” | means the goods sold by Us through Our Site; |
“Order” | means your order for Goods; |
“Order Confirmation” | means Our acceptance and confirmation of your Order; |
“Order Number” | means the reference number for your Order; and |
“We/Us/Our/Company” | means Fairsound Ltd. |
“Fans/Customers/Consusers/Backers” | Means any user of Fairsound who purchases or commits to purchase a product in any of the phases. |
“Project Leader/User” | Means the artist, label or representative who creates and owns rights to a project or product and is selling their product on the Fairsound platform. |
“Back/Backing/Backed/Pledge/Fund” | Means committing to pre-order a product once a certain number of commitments are reached |
“Target/Press On Point” | Means the target number of pledges or pre-orders required to confirm the start of a project and to beginning the manufacturing of the product/. |
“Backing Phase/Phase One” | Means a product or project /campaign which is live and still needs funding through fans pledging to buy |
“Pre-order Phase/Phase Two” | Means a product which has gone into manufacturing but not yet ready for dispatch which can be pre-ordered. |
“Project/Campaign” | Means any product or product related pages which refer to a product needing funding or available through pre-order |
“Launch/ Go live” | Means for a project/campaign to be visible on Fairsound.com and for the product to be available to fans/customers to pledge, back pre-order or buy. |
Unless the context otherwise requires, each reference in these Terms of Conditions to:
“writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
Information About Us
Our Site is operated by Fairsound Ltd. We are a limited company registered in England and Wales under company number 13522563. Our registered address is 6 Ferrous Road, Middlesbrough, UK, TS2 1DJ and Our main trading address is 6 Ferrous Road, Middlesbrough, UK, TS2 1DJ.
Our VAT Number is GB399638519
How to Contact Us
To contact Us with general questions or complaints by email, please email Us at contact@fairsound.com, to contact Us by telephone, please call Us on (+44) 01642 265 295, and to contact Us by post, please write to Us at 6 Ferrous Road, Middlesbrough, UK, TS2 1DJ.
To contact Us about the Goods or your Order by email, please email Us at contact@fairsound.com, to contact Us by telephone, please call Us on (+44) 01642 265 295, and to contact Us by post, please write to Us at 6 Ferrous Road, Middlesbrough, UK, TS2 1DJ.
To contact Us about cancellations by email, please email Us at contact@fairsound.com, to contact Us by telephone, please call Us on, (+44) 01642 265 295 and to contact Us by post, please write to Us at 6 Ferrous Road, Middlesbrough, UK, TS2 1DJ.
- Access to Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- Access to Our Site
- Accounts
- Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.
- You may not create an Account if you are under 16 years of age
- When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
- We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at contact@fairsound.com. We will not be liable for any unauthorised use of your Account.
- You must not use anyone else’s Account.
- Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 14.
- If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
- If you close your Account, any User Content, e.g. Music, videos, images, descriptions and bios etc. you have created on Our Site will be deleted.
- Accounts
- Intellectual Property Rights
- With the exception of User Content (see Clause 4), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
- Subject to sub-Clause 3.iii and 3.vi you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
- You may:
- Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
- Download Our Site (or any part of it) for caching;
- Print one copy of page(s) from Our Site;
- Download extracts from pages on Our Site; and
- Save pages from Our Site for later and/or offline viewing.
- Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
- You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
- Nothing in these Terms and conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
- Intellectual Property Rights
- User Content
- User Content on Our Site includes (but is not necessarily limited to) music, videos, images, descriptions and bios etc.
- An Account is required if you wish to submit User Content. Please refer to Clause 2 for more information.
- You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 10.
- You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 4.iii. You will be responsible for any loss or damage suffered by Us as a result of such breach.
- You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
- If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
- We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
- User Content
- Links to Our Site
- You may link to Our Site provided that:
- you do so in a fair and legal manner;
- you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
- you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
- You may link to any page of Our Site.
- Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at contact@fairsound.com
- You may not link to Our Site from any other site the main content of which contains material that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.iv);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- The content restrictions in sub-Clause 5.iv do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.iv. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
- You may link to Our Site provided that:
- Links to Our Site
- Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Disclaimers
- Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
- We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site. Please refer to Our Terms of Sale for more information.
- Disclaimers
- Our Liability
- The provisions of this Clause apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Terms of Sale.
- To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
- To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
- Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
- We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Nothing in these Terms and conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- Our Liability
- Viruses, Malware and Security
- We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
- You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 9.iii to 9.v you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- Viruses, Malware and Security
- Acceptable Usage Policy
- You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:
- you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.ii);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and conditions. Specifically, We may take one or more of the following actions:
- suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
- remove any User Content submitted by you that violates this Acceptable Usage Policy;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and conditions.
- You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:
- Acceptable Usage Policy
- Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://fairsound.com/privacy-policy/. These policies are incorporated into these Terms of Use by this reference.
- Changes to these Terms and Conditions
- We may alter these Terms and conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
- In the event of any conflict between the current version of these Terms and conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Communications from Us
- If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and conditions, Our Terms of Sale, and changes to your Account.
- We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
- For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at contact@faiorsound.com.
- Changes to these Terms and Conditions
- Data Protection
We will only use your personal information as set out in Our Privacy Policy, available from https://fairsound.com/privacy-policy/.
- Data Protection
- Law and Jurisdiction
- These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.i above takes away or reduces your rights as a consumer to rely on those provisions.
- If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
- Law and Jurisdiction
International Customers
Please note that We only deliver within the United Kingdom.
Goods, Descriptions, and Changes
We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
Due to the nature of physical merchandise such as vinyl records, there may be a variance of up to 10%, in disc colour/style, disc weight and printing colour/finish/design between the actual Goods and the description or displayed images.
Please note that Part 18.iv does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.
Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.
Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.
As explained in the descriptions of Goods and pre-order products, more significant changes may also be made to Goods and pre-order products from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
Pricing
We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated every 30 days. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.
All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation in writing.
The price of a product may change throughout the pre-order process. We reserve the right to introduce price increases and reductions at any point. This will not effect your order and the price you paid at point of purchase will stand.
Delivery charges are not included in the price of Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the order process.
- Consumer Terms of Sale Phase One (Backing Phase)
- A Campaign which is still in the backing phase can last 1 to 30 days
- If you pledge to buy the product during the backing phase your card details will be taken and the transaction will be paused and not completed. No funds will be taken from your card/account or held on your card/account at this point.
- If the Campaign reaches its target (the ‘press on point’) within the 30-day backing phase the transaction will be processed and the funds will be taken from the card/account which details you previously provided.
- In the event of the funds being unavailable We will contact you via email with a payment link and request the funds be paid within 7 days. You can choose to pay via the same card/account or via an alternative payment method. If you fail to pay the requested sum your transaction will be cancelled and you will not be entitled to, receive or own the product.
- If the Project does not reach the target during the Backing Phase, the Project leader will be given 5 working days to pay the outstanding amount to allow the project to go ahead and move into manufacturing. If the project leader deicides to do this then you will be notified and the transaction will be completed and the funds withdrawn from your card/account and you will be notified of the product being dispatch up to 16 weeks from this date. If the project leader decides not to pay the outstanding funds then the transaction will be cancelled and you will not be entitled to, receive or own the product. You will be informed of this via email.
- Once the transaction is complete and the campaign moves into the “Pre-order Phase’ the product will go into manufacturing.
- Manufacturing of the product will last up to an estimated 16 weeks from the end of the ‘Backing Phase’. The product will then be shipped directly to you via a shipping company of our choice (please see ‘link’ for details on Deliveries).
- You will be entitled to, receive and own the product once the transaction has been completed, manufacturing is completed and the product has been dispatched.
- In the event of any delay in the manufacturing or delivery of your product we will inform you via email.
- If the product is ready early you receive an email to let you know the new estimated delivery date.
- You have the right to request a refund at any stage of the backing phase. Once a campaign has reached its back phase target ‘the press on point’ you cannot request a refund.
- If you are unhappy with the quality of the product you have received you have the right to request a refund. You will need to request a refund within 7 days of receiving the product. Via email to contact@fairsound.com We may ask you for further information or evidence including but not limited to photographs, videos and possibly to return the product for inspection.
- We reserve the right to cancel an order or campaign/pre-order at any time. If so, you will receive notice via email and a full refund.
- All Customers must be UK based and hold a UK address. Products can only be shipped to UK addresses.
- Consumer Terms of Sale Phase One (Backing Phase)
- Consumer Terms of Sale Phase Two Onwards (Pre-order)
- A Pre-order phase can last anywhere from 1 day up to 16 weeks and can cover some or all the period of the product manufacturing process up to the point of dispatch.
- A product will go directly into the pre-order phase upon successful completion of the backing phase or can go directly into the Pre-order phase if no backing phase is required.
- If you purchase a product during the pre-order phase the transaction will be initiated immediately and funds taken from card/account.
- You will be made aware of the estimated delivery date which will depend how long into the pre-order phase/manufacturing process the transaction has been made.
- Manufacturing of the product will last up to an estimated 16 weeks from the end of the ‘Backing Phase’ and/or the beginning of the pre-order phase. The product will then be shipped directly to you via a shipping company of our choice (please see ‘link’ for details on Deliveries).
- You will be entitled to receive and own the product once the transaction has been completed, manufacturing is completed, and the product has been dispatched.
- In the event of any delay in the manufacturing or delivery of your product we will inform via email.
- If the product is ready early, you will receive an email to let you know the new estimated delivery date.
- You are not entitled to request a refund during the pre-order/manufacturing/delivery phase.
- If you are unhappy with the quality of the product you have received, you have the right to request a refund. You will need to request a refund within 7 days of receiving the product. Via email to contact@fairsound.com We may ask you for further information or evidence including but not limited to photographs, videos and possibly to return the product for inspection.
- We reserve the right to cancel an order or campaign/pre-order at any time. If so, you will receive notice via email and a full refund.
- All Customers must be UK based and hold a UK address. Products can only be shipped to UK addresses.
- Consumer Terms of Sale Phase Two Onwards (Pre-order)
- Project and Business Terms and Conditions
- Fairsound Ltd facilitates project leaders (members who are but also not limited to, artists, record labels and artist management) to promote, disseminate, fund, produce and distribute a project financed by fans through pledges, pre-orders and sales on the website.
- Fairsound Ltd does not hold any property or other rights over the project or accompanying material directly linked to a specific project (including but not limited to – descriptions, photos, videos or music etc). The rights belong solely to the creators and /or the project leaders.
- Fairsound Ltd acts only as an intermediary between the project leaders (including and not limited to artists, record labels and artist management) and the website consumers (fans).
- the Project Leader grants Fairsound Ltd and Fairsound Ltd’s partners who are involved in the Project or in the promotion of the Project, the right, to mainly:
- Produce, reproduce or have all or part of the contents of the Project reproduced, by any means or process, in any form whatsoever and on any known or unknown medium on the Website and/or on the Website of the Company’s partners;
- Represent or to represent all or part of the contents of the Project, on any network, by any process, in any form whatsoever, which may be known or unknown, in association or not with other content of any kind whatsoever;
- Adapt or have all or part of the contents of the Project adapted, and mainly the rights, to translate the texts into various languages.
- Manufacture and distribute the Project’s products in the UK and abroad through the Website or outside the Website, via the networks of manufacturing and distribution partners, unless otherwise agreed in a contract which may be external to these General Conditions.
- Project Leaders must own the mechanical rights and copywrites to all content used in the project and for the final product. If the project leader does not own the appropriate rights then they must have permission from the mechanical rights/ copywrites owner/owners.
- By accepting these terms and conditions the project leader legally confirms to own or have permission from the owner/owners to use, reproduce, promote, sell and manufacture/distribute all material involved in the project and products.
- It is the sole responsibility of the project leader to stay within all mechanical rights and copywrite laws before and during any project they begin on Fairsound. The project leader is also responsible for any payments due to other parties in relations to the project. This includes but not limited to commission, royalties, fees and wages which are directly related to the project or any of the project or product profits.
- Fairsound reserves the right to cancel any project at any time which is found to be infringing any mechanical or copywrite laws.
- Fairsound reserves the right to cancel any project at any time which is found to not adhere to the fair usage policy (see link)
- Fairsound reserves the right to cancel any project deemed to be unrealistic or incomplete. Project leaders must have a complete and ready for; sale, release and manufacturing project before it commences. All project/artist and or label page information is needed before Fairsound will make a project live. All complete, finalised and suitably mastered audio is required before Fairsound will make a project live. All product artwork, track list documentation and mechanical rights declarations are required before Fairsound will make a project live.
- If a project is cancelled for any reason the funds will be reimbursed to the buyers and the project leaders do not have any right to claim any of the funds taken whilst it was live.
- Once a project has been posted and gone live it can no longer be modified except to make corrections which are only intended to improve the achievement of the objectives pursued by the Project. The Project Leader is entirely responsible for the presentation of the Project which is published on the Website and must mainly ensure that this presentation cannot mislead Users. The Project leader accepts that the provision of misleading, incomplete, or erroneous information shall engage liability against Fairsound and the consumers/ fans and assumes full responsibility for the consequences which may result from any omission or negligence in this area. In the case of the death, incapacity, accident of the Project leader or any other event making the latter unable to carry out his Project, the Company is authorized to suspend the ongoing collection. Fairsound Ltd may at its discretion cancel an ongoing sales, pre-orders and pledges and delete a Project or product once it is found that the Project leader is in breach of these Terms. In which case, all Registered Pledges and sales would be immediately cancelled, the concerned consumers and fans will be reimbursed, and the Project leader cannot ask to receive or get back this amount. Project Leaders undertake to use all means to achieve their Projects if they succeed in collecting the necessary funding through pledges.
- The Project Leader undertakes not to offer his Project or any other related Project on any other Website or internet crowdfunding platform, during the ‘backing phase’ and /or ‘Pre-order phase.
- It is the responsibility of the project leader to update their fans, contributors who have pledged to buy and consumers who have pre-ordered a product or project. Fairsound will provide a platform for promoting the projects but it is the project leader and creator’s responsibility to make every effort to promote the project by any means available to them. Project leaders and creators involved are encouraged to share and promote the project to gain the funding and sales they require to boost the success of the project.
- Fairsound will not take any responsibility over the number of sales or pledges any given project receives.
- By accepting these terms and conditions the project leader grants Fairsound Ltd the right to use any information, including but not limited to, content, dates, pricing, costs and profits generated related to a successful project in its future online content, marketing and advertising on Fairsound.com, Fairosund Partners websites and online accounts, other Fairsound online accounts and any other platform or medium. If there is any information a project leader does not want to be used for future marketing by Fairsound Ltd then this must be indicated before a project commences in writing via email to …..
- During Phase One (backing phase) a project has 1 to 30 days to reaches its target number of pledges (the Press On Point). If the project fails, Fairsound reserves the right to cancel the project. If a project fails to reach the target of pledges to reach the press on point Fairsound will contact the project leader to see if they would like to pay the difference to get the project into Phase two and begin manufacturing. A project leader has 5 working days to decide if they want to pay the difference and to make payment or else the project will be cancelled. If the project is not successful and cancelled the product will not go into manufacturing and will not be sold or dispatched to either the project leader or any consumers/ fans.
- If a project is successful in Phase one (‘Backing Phase’) and reached the target number of backers (the ‘Press on Point’) the product will go into manufacturing and begin in Phase Two (pre-order phase). Once you’ve reached the Press On Point, the money is taken from fans’ accounts and the 16 weeks manufacturing period begins: lacquer cutting, metalwork and test presses are started. Pre-orders continue for another 21 days. At this point, the final number for the run is decided based on the total pre-order numbers plus any extras needed for sale on tour or in stores. Extra copies can be requested by the project leader so the pre-order can continue through the rest of the manufacturing period. The project leader will be contacted after these 21 days and presented with the total sales and any profits currently owed to them. The project leader has 5 working days to confirm the final number of records required and pay any extra amount above the amount of profits held so far if that is required. If the project leader fails to respond or any extra funds are left unpaid by the end of the 5 working days, then the final amount will remain at the number of pre-orders placed so far.
- At this point all printed parts are ordered and the full order scheduled in to be pressed and packed.
- Once ready all records sold to backers and pre-order customers/fans will be packed and shipped directly from the factory to the buyers via the distribution partners decided by Fairsound.
- If extra copies were requested, then they will be packed and sent in bulk to any addresses requested.
- From the project beginning Phase two and starting to be manufactured there is an estimated 16 week lead time until order dispatch. This is an estimate and Fairsound and its partners reserve the right to extend this period. If any delays or extensions occur the project leader will be notified at the earliest possible notice. If there is to be any delay on dispatch of finished products to the customers/fans then Fairsound will inform them via email.
- Any complaints related to the content, music or design of any part of the product or project is the responsibility of the project leader. Complaints of this nature will be directed to the project leader and it is their responsibility to take action to make sure the customer is reconciled in an appropriate and proportional manner. Any complaint regarding general quality of the physical product, record or print of the product, or any problem in the packing and delivery is the responsibility of Fairsound. In this case a replacement or full refund will be offered to the customer/fan at the expense of Fairsound and not the project leader.
- Due to the nature of physical merchandise such as vinyl records, there may be a variance of up to 10%, in disc colour/style, disc weight and printing colour/finish/design between the actual Goods and the description or displayed images.
- Project Leaders must be based in the UK and all sales are for UK customers and to be shipped to UK addresses.
- Project leaders must provide details of whether they are VAT registered in the UK or not. If VAT registered then the project Leader must provide their VAT Number.
- VAT is applicable at the rate in force on the day when the transfer of funds collected is carried out and depends on the location of the Project Leader and whether or not the project Leader is VAT registered. The services provided by the company Fairsound are considered as electronic services, the VAT rate depends on the location, where the Project leader is based. The costs of Manufacturinf, fulfilment and postage and package are all subject to VAT and this will be included in the cost, fees and commissions taken from the sales before being paid to project leaders.
- It is up to each Project Leader to pay any applicable tax or associated tax, whether on the sales collected through the Website as a Project Leader, or on the sales made by the fans/customers to support the project. The Company can in no way substitute for them for this purpose or even advise them on the nature and details of their obligations. Project Leaders are responsible for establishing and directly sending to customers any tax receipts which attests contributing to Contributions through the Website. It is up to each Project leader and customers to make sure its eligibility to benefit from tax deductions on all or part of the Contributions made through the Website, in keeping with the provisions of UK law in force. Any complaint related to the production of the so-called tax receipts and information therein must be addressed directly by the Customer to the Project Owner.
- To launch a project end sale price and product specifications needed to be agreed. These can not be changed without consent from Fairsound and any fans/customers who have pledge to pre-order or pre-ordered the product. A UK bank account is required by project Leaders and details must be provided before a campaign can go live.
- Project leaders will be informed of estimated profits and associated costs, commissions and fees from Fairsound and its partner manufacturing, fulfilment and distribution companies relating to the potential success of the campaign. A variety of scenarios relating to levels of success and the corresponding profits and costs will be highlight before the project goes live. By accepting these terms and conditions the Project leader agrees to these costs, commissions and fees
- On completion of a successful project and only once finish product has been dispatch to fans/customers, project leaders will be informed of the profits made from the sales. Profits will be paid to project leaders via bank transfer to the account details provide by the project leader before the project commenced. Funds can take up to 14 days form the point of dispatch to reach the bank account of the project leader.
- Fair Usage
- Any User must report to the Company any illegal content by email, at the following address contact@fairsound.com
- the Project Leader is forbidden from posting any content which is likely to mislead other users of the Website or make up a false declaration. The latter is solely responsible for other users, in terms of the damage suffered by the latter due to the inaccurate or misleading nature of this content. The User or the Project Leader must ensure that he owns the rights, mainly intellectual property, which is required for the publication of the content he shall disseminate
- Fairsound Ltd declines any responsibility which may result from the possible violation of the rights of third parties.
- Project Leaders are solely responsible for the content they provide for a project, products, artist/label pages and any other content and undertake that the information published does not violate any legal or regulatory provision in force. Mainly, the User or the Project Leader is forbidden from posting or supplying in form any potential illegal or offensive content, regardless of the medium (sounds, texts, images, videos)
- The Company does not moderate messages and content posted online in advance by Users, or Project Leaders, or to which the Website is likely to refer.
- The Company reserves the right to immediately delete, without any prior notification and compensation, any illicit or clearly illegal content it may be aware of, but also the Personal Account of any User or Project Leader who may have published the illegal content. Furthermore, the Company reserves the right to communicate to the judicial authorities any element which allows the identification of any User who has posted potentially illegal content and the latter was bought to his attention.
- Force majeure
- The liability of the Company and any third party who may take part in the provision of the Services cannot be sought if the carrying out of one of its duties is prevented or delayed, due to a case of force majeure as defined by UK Courts and, without this list being exhaustive, natural disasters, fires, transport means blockage for any reason whatsoever; total or partial strikes, internal or external to the company, locking out of the company; blocking of telecommunications or computer networks by any means whatsoever (power failure, computer virus, etc.), governmental or legal restrictions, provided, however, the concerned parties take all reasonable measures to mitigate the resulting effects of the so-called situations.
- Force majeure