GILLIES AUDIO
TERMS AND CONDITIONS:
IMPORTANT: THESE TERMS AND CONDITIONS WILL APPLY WHEN YOU PLACE AN ORDER WITH GILLIES AUDIO.
BEFORE PROCEEDING TO PLACE AN ORDER, WE ASK THAT YOU READ THESE TERMS AND CONDTIONS CAREFULLY.
YOU WILL ALSO FIND THAT THEY CONTAIN SOME USEFUL ADVICE.
If you have any questions concerning these terms please contact our Customer Service Team.
OWNERSHIP
Copyright © Gillies Audio, trading as Gillies Audio. 'Gillies Audio' is a Sole Trader business owned by Mr Stuart William Anthony Gillies.
The copyright, database rights and other intellectual property rights ('IPR') in material displayed on or via the website ‘www.gilliesaudio.com / gilliesaudio.co.uk’.
('Website Materials' which expression includes text, data, graphics, photographs, videos, animation,
images and audio visual content) is owned privately and licensed to Gillies Audio. This IPR is protected by the laws of Scotland, international treaties and all other applicable copyright and intellectual property laws. You agree to respect our IPR and those of third parties.
RESTRICTIONS AND CONDITIONS ON USE
1. By placing an order with Gillies Audio you represent and warrant to Gillies Audio that at all such times:
(A) you are aged 18 years or over;
(B) you are acting as principal and not on behalf of anyone else;
(C) your contract for purchases made through this website/email/telephone order is with Gillies Audio and you undertake that all goods ordered by you are for your own use
only;
(D) you agree that e-mail can be used as a long distance means of communication.
2. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted in the fullest extent of the law.
3. You represent and warrant to Gillies Audio that all information provided to Gillies Audio in your registration or in connection with your account and all personal information provided subsequently to Gillies Audio is complete, accurate and not misleading and you agree to inform Gillies Audio immediately if there is any change to such information. This can be done by emailing us at info@gilliesaudio.com
4. You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligations under this condition, including, but not limited to, any claims made against us by any third party.
5. The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto our website directly included in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. If you are in any doubt about any data please feel
free to contact us with details of the problem first.
6. We do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.
PAYMENT
1. All orders must be prepaid in full prior to commencement unless otherwise agreed in writing beforehand. It is the normal policy of Gillies Audio to request funds in advance as this keeps prices as low as possible - a key aim of the company.
2. Payments may be made by cheque or bank transfer. Otherwise, instant payments may be made online via credit card.
3. Charges and proceedings may be brought against you or any other person who has manipulated, or tried to manipulate, our service, or your or any other customer's account(s) and we reserve the right to pass on such information as we deem relevant to the relevant authorities if we become aware or suspect that you are involved in any such activities. We are not obliged to inform you of the same, nor to give any reasons for doing so. You agree to waive any and all rights you may have, at law or otherwise, of whatever nature and in whatever jurisdiction, in connection with such disclosure.
4. If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that transaction and any other transaction made by you.
We shall be under no obligation to provide you with any reasons for so doing.
5. The following clause applies to all clients whether given credit status, reseller status, trade status or are newly registered customers.
You must maintain your account in order to place Orders.
Uncleared or returned payments will result in immediate suspension of your order.
You will be liable for any work undertaken up to that point and delivery dates will be affected.
Penalty Charges apply for returned cheques.
Please ensure relevant funds are in your account to allow your cheque to clear or
penalty charges up to £50 may be incurred.
6. Please make cheques payable to Gillies Audio. Bank transfer details and secure credit card transactions are available upon request. Our secure merchant online transaction is supplied by paypal.com and Gillies Audio staff will never receive access to your credit card details.
OUTSTANDING PAYMENTS
If you fail to contact Gillies Audio or respond to correspondance requesting payment for our services we will have no alternative but to instruct our authorized Debt Collection Agency to retrieve our outstanding balance including any penalty fees accrued.
You will also be charged a further fee to the Collection Agency (at their discression but a guide fee will be 10% of the balance outstanding plus written letters issued charges and court fees) instructed to collect the debt.
Please contact us before we have to go to this extreme.
Gillies Audio regret that the above policy has to be in place, however the actions of a minority have resulted in Gillies Audio enforcing this policy stringently.
MCPS / COPYRIGHT AGREEMENTS:
By sending Gillies Audio a master disc and placing an order for CD/DVD Duplication/Replication (whether by post/email/letter/phone or fax) you are specifying that you have cleared all relevant copyright for the material provided and that you take full responsibility for any breech of the law afflicted by the replication or duplication of the media supplied by you.
You agree that Gillies Audio ARE NOT and WILL NOT be responsible for any civil/court/legal action in relation to material used that is in breach of any copyright infringement.
Gillies Audio also reserve the right to decline duplication of any material that we feel may be in breech of such laws and regulations.
Please visit if you are unsure if you require a license for your music.
www.MCPS.co.uk
Duplication or replication of your product can only commence upon reception of the relevant MCPS license (as issued directly to Gillies Audio from the MCPS) or by provision of our signed, dated and correctly completed MCPS disclaimer form that is available to download from our website.
DELIVERY AND TURNAROUND TIMES:
Although we strive to adhere to turnaround times and client deadlines, on rare occasions Gillies Audio may be unable to deliver the product in the timescale expected.
On these rare occasions Gillies Audio will not be held responsible for any costs or damages accrued by the failure to meet delivery deadlines and no refund will be given.
Please remember that Gillies Audio will NEVER quote an unrealistic delivery time.
As a general guide:
CD Duplication: 3-5 Working Days
CD/DVD Manufacture: 10-12 working days
1. Gillies Audio will use it's best endeavours to check materials sent in by you but cannot guarantee to do so immediately. This will depend on workload.
Once artwork, master, payment and any other relevant information is received and agreed to be correct by both parties, in general most work will be carried out within 14 working days (not including Saturdays or Sundays) of sign off on your materials.
Gillies Audio gives no fixed guarantees regarding delivery dates, due to the complexities of the manufacturing process, and all dates given are for guideline purposes only whether in writing or otherwise.
Gillies Audio shall not be liable for delivery outside of anticipated delivery dates for any reason whatsoever.
2. All orders are couriered by next working day delivery and Gillies Audio will not be held responsible for any delay in transit encountered by items posted over the weekend or public/bank holiday periods.
Gillies Audio will also not be held liable for any lost or missing parcel due to courier negligence and no refund or partial refund for any Express Delivery order as a result.
3. Gillies Audio will not be held accountable for any loss of sales, loss of deadline or any other loss of income.
4. Turnaround times stated work on the following basis.
24-48 hours. We aim to despatch products with an estimated turntime of 24-48 hours within two working days of reception of all parts required (as specified on the order confirmation email) and clearance of artwork proofs (whether PDF or hardcopy).
Turntime estimates only start from reception and clearance of all parts.
They do not start from reception of order form.
5. All turnaround times listed are in working days.
Production start date is 24 hours after reception of the last working part.
6. If the following is found during the manufacturing process...
MASTER ERROR - ARTWORK FAULTS - PAYMENT DECLINED
You will be informed and the production start date will re-start from 24 hours after reception of the newly supplied part or payment.
7. GIllies Audio cannot be held accountable for any loss or damage to products as occurred in transit as a result of courier mishandling or theft from the courier premesis.
QUOTED PRICE /ORDER PLACEMENT
The quoted price you have received or is written on any part of Gillies Audio's website as amended or written by authorized Gillies Audio staff only will be the price you pay in total for the works as specified and received in your written or emailed quotation from Gillies Audio.
Our quoted price assumes that you provide finished artwork to our specifications and your Audio Master as a CDR.
If your order is placed and it is of a different specification as originally quoted or paid for online or by cheque then Gillies Audio reserve the right to re-quote you for the amended works.
All quotations/orders are valid for a period of 14 days from period of quotation.
Orders placed which are subsequently not followed through or in which no working parts are received will be cancelled within 14 working days of order placement and Gillies Audio reserve the right to pursue reasonable administrative costs
.
Gillies Audio has no obligation to offer the same products and prices to the customer should a reorder be requested at a future date.
SPECIAL OFFERS
Gillies Audio reserve the right to amend or remove any special offers or promotional discounts made available to it’s clients.
Discounts, promotional codes, and any trade prices are available on selected products and prices only. No product codes or discounts are available for replicated works.
Should a client place an order for replicated works using a special offer code or promotional code this will automatically be voided by Gillies Audio.
The order may still be placed subject to the client paying the difference between the listed price shown on the website and the discounted price fraudulently received by using an invalid promotional code.
The client has the right to cancel their order in any such case. If payment has already been made Gillies Audio reserve the right to withhold 10% of the monies paid to cover merchant services and administration costs.
ARTWORK and PROOFS
You should layout your artwork as specified by our templates.
If your work is supplied out of spec we may charge you for the work required to bring this upto our standard.
The fee is a flat £30 which will be additional to your initial amount quoted for your product. This additional fee must be paid before works can commence.
Gillies Audio assume all artwork to be print ready and as such, shall only post PDF proofs if asked to do so when order is placed.
It is clients responsibility to ensure graphics provided are to the specifications set out by Gillies Audio.
Gillies Audio will not be responsible for any typos, layout errors, resolution issues or design errors printed from pre-supplied artwork - Please print and check your artwork prior to supplying it to us.
COLOUR MATCHING
Gillies Audio strive to match get a clost match to the colours supplied in all instances.
however, as with all printing processes, differences in colour from monitor to print can vary.
1. Print colour may vary from print run to print run and/or from job to job or from front to back.
2. Gillies Audio will reproduce colour from digital files as closely as possible, but may not exactly match colour and density due to limitations in the proofing and printing process, as well as neighbouring image ink requirements.
3. A variation in colour between original materials and the completed order, will be considered acceptable print quality. Colours on screen are boosted by LED Light and are shown in 3 colour RGB format so often look much brighter onscreen than when printed on paper in CMYK format (indistry standard printing format).
We strive to match accurately the colours as seen on our monitors to the best of our abilities but due to the above reasons, Colour matching is never guaranteed.
DUPLICATION ONLY - ISRC CODE GUIDE
Gillies Audio recommend that 1 sample copy be posted for the client to check successful transfer of ISRC codes BEFORE commencing with a full run. Gillies Audio will not be held liable for any failure or loss of earnings as a result of failure of transfer of ISRC codes during the duplication process.
CD TEXT
Gillies Audio give no warranty to CD Text being copied onto CDr media.
CD Text can be uploaded via Gracenote upon completion of duplication.
Gillies Audio are not responsible for this task.
Clients are advised that many CD text services are connected to Gracenote and must make their own provisions to upload their audio to this, or any other, online or digital database.
CD DUPLICATION
Gillies Audio use high grade CDr media that is compatible with most CD players.
Due to the nature of CDr's Gillies Audio give no guarantee that CDr's provided by Gillies Audio will be compatible with all CD Players.
GIllies Audio print onto white face grade A CDrs as Standard.
CD MANUFACTURE
The underside of your glass master may be stamped with small lettering - www.gilliesaudio.co.uk and your catalogue number only to assist anti piracy.
MASTER CD
Gillies Audio duplicate or manufacture the master disc directly as received.
Gillies Audio do not undertake to check file formats, errors, sound levels, glitches, scratches or any other form of error in relation to the master disc provided.
This is the sole responsibility of the mastering agent / client.
It is the client / mastering companies responsibility to listen carefully to the master, check for no scratches on the underside of the disc, ensure the tracks are in correct order, ensure correct break between titles, ensure low SS1 and SS2 error ratings, ensure the provided format is compatible and plays in CD players.
Gillies Audio accept no liability for faulty discs copied as a result of a faulty master or a master disc provided and copied in the wrong format.
We advise CD Duplication discs to be provided as Red Book Standard.
Your mastering agent should be knowledgable in this subject.
Gillies Audio can check for CS-1 and CS-2 errors if required for a fee of £15 if required.
COMPLAINTS PROCEDURE
Gillies Audio take great pride in our customer services and on the finished broadcast quality of our products.
If however you feel you have reason to raise a complaint in relation to your experience with Gillies Audio please make your complaint in writing and address it to:
FAO STUART GILLIES - GILLIES AUDIO - 32 SOUTH TAY STREET - DUNDEE - DD1 1PD. Complaints must be received within 5 working days of delivery of your product.
Complaints received after this period will not be entered into under any circumstances.
DAMAGED GOODS.
From time to time and due to the nature of carriage some products may arrive damaged. In this instance please retain all packaging and if possible photograph any damaged products and email them to us with your complaint. This will assist us in issuing your replacement products. Our courier company may wish to witness the damaged product so it is essential you retain these until our complaint is completed.
REFUND POLICY
Gillies Audio shall not be responsible for refund or replacement of discs or goods as a result of a master disc that has been provided with errors.
Gillies Audio reserve the right to replace products or alternately refund damaged goods at our discression upto and including the price per unit of the order placed.
Gillies Audio will be under no obligation to refund the retail price of the products ordered.
If order has been payed by Paypal or Credit / Debit Card we reserve the right to withold 4% of order value to cover transaction fees.
SECURITY POLICY
Gillies Audio is committed to the security of all personal details entered onto our website or enclosed in emails to Gillies Audio.
Our systems are rigorously tested and have been developed with encryption software and secure socket layer technology.
Credit card transactions are provided securely by PAYPAL (www.paypal.com) with a view to ensuring the
security of all personal information and your complete peace of mind.
Gillies Audio employees do NOT have access to your full debit/credit card details.
OUR LIABILITY
1. Save in respect of claims for death or personal injury arising from Gillies Audio's negligence (a) Gillies Audio's liability to you for any matter arising out of or in connection with your use of this site or orders placed over the telephone or by other means (including emails and delivered letters) will be limited to the total price of the product or service purchased in respect of any claim due to you in accordance with these terms; and (b) Gillies Audio will not be liable for any indirect or consequential loss.
All representations, warranties and terms (express or implied) not set out in these terms are, to the fullest extent permitted by law, excluded and Gillies Audio shall, to the fullest extent permitted by law, have no liability to you in respect of the same. You agree to indemnify Gillies Audio in respect of any liability, damages, costs or claims which it may suffer arising out of or in connection with your use of the site or otherwise arising out of or in connection with our services. Your statutory rights as a consumer (if any) are not affected by these terms.
2. Gillies Audio does not accept liability for any errors and omission and reserves the right to change information, specifications and descriptions of listed goods, products and services.
3. In particular, Gillies Audio shall not be held liable or responsible for any consequences that occur through your use of our services where the circumstances that caused such consequences were beyond our reasonable control, including any loss or damage that has arisen through our site or our services or their content, including delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of our site or any error or omission in content.
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