Terms and Conditions
Article 1. Scope.
The Terms and Conditions detailed below apply exclusively to business transactions between 9 Musas, Lda. (®9musas, ®Codax, ®Codax Music, “9M” or “we”) and its customers and/or users and/or visitors. The version current at the time of the conclusion of the contract applies. These are the sole Terms and Conditions. Customers’ terms which may conflict with, or diverge from, these terms and conditions of trade cannot be accepted.
Article 2. Introduction.
Article 3. Third Parties.
Article 4. Security.
In the event we obtain your personal information we take reasonable precautions to protect from unauthorised access or disclosure, but we cannot act as insurers of the security of your personal information transmitted over the internet. Accordingly, we assume no liabiality for disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond our reasonable control. Please see our “Data Protection” statement for more information on this.
Article 5. Content.
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s). The User acknowledges that all copyright, trade marks, and all other intellectual property rights in the Material shall remain vested in the owners.
Article 6. The Website.
The User acknowledges:
(a) that it is technically impossible to provide the Website free of faults and that 9M does not undertake to do so;
(b) that faults may lead to temporary unavailability of the Website; and
(c) that the operation of the Website may be adversely affected by conditions and performances outside 9M's control, including without limitation, transmission and telecommunications links between 9M and Users, between different parts of 9M, and between 9M and other systems and networks.
Article 7. Liability.
Article 8. Use of the Website.
The User undertakes:
(a) that it shall not make any use of the Website such that the whole or part of the Website is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Website is in any way impaired;
(b) not to use the Website for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(c) not to use the Website in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
(d) that it shall not use the Website to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of 9M; and
(e) that in the event that it has any right, claim or action against any other user arising out of the use of the Website then it shall pursue such right, claim or action independently of, and without recourse to 9M. 9M reserves the right to change any content on this Website, including but not limited to revising and/or deleting or adding features or information without prior notice to Users.
Article 9. Order acceptance.
The description of our range of goods on the internet is only for the information of the customer. 9M does not accept contractual obligations, such as terms of a delivery guarantee, at this stage. At the time of placing an order with 9M, the customer expresses an intention to conclude a contract. The contract with 9M comes into force at the time 9M accepts an offer. The acceptance takes the form of dispatch of the goods ordered or by sending a confirmation of dispatch. In the case of 9M’s inability to accept an offer, this will be notified to the customer in electronic form.
Article 10. Withdrawal.
The costumer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day, a) (for a delivery) where the costumer or an entitled third party, who is not the carrier, took possession of the goods; b) (for a contract for several goods having been delivered separately, although being ordered together) where the customer or an entitled third party, who is not the carrier, took possession of the last goods; c) (for delivery of goods in several part-shipments or pieces) where the customer or an entitled third party, who is not the carrier, took possession of the last part-shipment or the last piece; d) (for a contract for regular delivery of goods over a definite period) where the customer or an entitled third party, who is not the carrier, took possession of the first goods. To exercise the right of withdrawal, the costumer must inform us through firstname.lastname@example.org of his decision to withdraw from this contract by an unequivocal statement. To meet the withdrawal deadline, it is sufficient that the customer sends his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired. If the costumer withdraws from his contract, 9M shall reimburse all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from his choice of a type of delivery other than the least expensive type of standard delivery offered by 9M), without undue delay and in any event not later than 30 days from the day on which 9M is informed about his decision to withdraw from this contract. 9M will carry out such reimbursement using the same means of payment as the costumer used for the initial transaction, unless the costumer has expressly agreed otherwise; in any event, the costumer will not incur any fees as a result of such reimbursement. 9M may refuse the reimbursement until 9M has either received the return or until the costumer has given proof that he returned the goods, depending on what is effected at an earlier date. The costumer has to return or consign the goods without any delay and in any case within 14 days after he informed 9M about his withdrawal. The deadline is observed when the costumer dispatches the goods prior to expiration of the 14 days deadline. The costumer has to pay for the direct return expenses. The costumer only has to pay for an eventual loss in value of the goods, if this loss in value has to be put down to an exposure not necessary for an examination of quality, nature and functionality of the goods. However, the right of withdrawal does not apply to a) contracts for the delivery of audio or videorecordings or computer software in sealed package, when the sealing has been removed after delivery; b) contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts; c) contracts for the delivery of goods that are not prefabricated and for those production an individual selection or instruction of the costumer is significant or that were definitely prepared to the costumer‘s specifications. The right of withdrawal expires for a contract of delivery of digital contents on a non physical data medium even when the trader started to execute this contract, after the consumer has expressed his definite agreement and at the same time acknowledged him noticing that he loses his right of withdrawal with the beginning of the contract‘s execution.
Article 11. Supply of goods ordered.
Unless agreed otherwise, 9M is obliged to deliver the goods ordered as quickly as possible to the address given by the customer. 9M is entitled to make partial deliveries, as long as the customer expects this. The costs for the separate deliveries will be charged by 9M to the customer in the respective stated amounts. All risks of shipping pass to the customer as soon as the goods are transferred from 9M to the commissioned supplier. Information about delivery dates are non-binding, unless 9M has informed the customer in writing in a particular case. If it is impossible to supply within the usual delivery period the customer is entitled to stipulate an additional period of three weeks and to withdraw from the contract if there is no positive result within this period. The withdrawal must be made in writing. No claim for compensation will be accepted unless 9M is guilty of gross negligence or deliberate intent. No claim for compensation will be accepted in those cases: 1) The product is no longer supplied by us; 2) Not to be published; 3) Available on hire only; 4) Not yet published; new edition in preparation, edition has been backordered; 5) Temporarily not in stock or out of print, delivery will take longer than 4 weeks, edition has been backordered; 6) Indefinitely out of print, reprint date not fixed edition has been backordered; 7) Permanently out of print, reprint not planned, edition has not been backordered; 8) Currently not in stock or out of print, available again within 4 weeks, edition has been backordered.
Article 12. Settlement date and payment of the purchase price.
Payment of the purchase price is due within 5 days of receipt of the consignment. Payment can be made either by direct debit, bank transfer or credit card. 9M is guided by the customer’s wishes with regard to payment methods. Goods supplied remain the property of 9M until complete payment of all claims outstanding against the customer has been received.
Article 13. Guarantee.
In the case of defects 9M is liable for defects which are present at the point of delivery, but liability is limited to the duration of the legal warranty period. The costumer is obliged to notify obvious defects within 14 days whereas it is sufficient to forward the claim on time; for non obvious defects a claim within the legal warranty period is sufficient. If 9M is responsible for a defect, 9M undertakes either to remove this defect or supply a replacement. 9M does not accept liability for claims which do not relate directly to the goods, or for lost earnings or other financial losses incurred by the customer unless due to malicious intent or gross negligence. This disclaimer does not apply to injuries to life, body or health.
Article 14. General.
Version of November 2021.