Starzik offers a service of music and comedy download on the website www.starzik.co.uk hereinafter the SITE. Customer can also purchase one or more vouchers, music or comedy, to offer to a third party.
This music online download service is hosted by Starzik, private limited company under French law; headquarters are located rue de Provence, 1 BP 208, 38432 Echirolles France. Starzik is registered with the RCS of Grenoble under n 478,182,959
As part of its business, Starzik entrusted Starzik sale and distribution of online electronic "music and comedy" through its website www.starzik.co.uk.
The service for selling music is aimed at users who have a compatible PC with a processor running at 450MHz or higher, 64MB of RAM and 640 MB media disk space available at minimum, an operating Microsoft Windows 98SE or later system and a sound card recognized by Windows.
It is optimized for Internet Explorer 6 or later and requires Windows Media Player 9 (one supplied with Windows XP or more) listening, burning and transfer to portable digital compatible.
Any download on "www.starzik.co.uk" implies a consultation and prior acceptance of these terms and conditions of sale by ticking the box dedicated to this purpose in the order form. The validation of the order constitutes acceptance of these terms and conditions of sale
Purchased music files and comedy download will be available as soon as Starzik has been advised of the authorization to charge your credit card by the competent payment centers. It will be then be issued by Starzik.
Prior to the validation of the order in our purchase options "basket purchase and Instant purchase", you must indicate on the form the e-mail address to which a confirmation message indicating references of the transaction will be sent. Entering an e-mail address is required. You are solely responsible for the accuracy of the address of the mail attachment.
You have the ability to save and print the terms and conditions of sale.
Terms and Conditions of Use
Chapters
6 - Right of withdrawal
7 - termination
8 - Responsabilities
9 - Security and protection of personnal data.
10 - Intellectual Proprieties
7 - termination
8 - Responsabilities
9 - Security and protection of personnal data.
10 - Intellectual Proprieties
Article 1: Subject
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Article 2 : Territory
The music files purchased and sketch on "www.starzik.co.uk" are reserved for customers residing on French territory or Monaco at the date of purchase with a credit card issued in France by a French bank established in the French territory or IDTronic.
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Article 3 : Offers and prices
The prices of our products are in Euros, all taxes includes and do not include communication costs associated with the use of the sale on Internet Starzik which stays the responsibility of the customer.
The company Starzik reserves the right to change its prices or these terms of use and sales at any time but the products or services will be charged on the basis of fares and conditions in force at the time of orders registration.
As soon as the payment is confirmed, the download service will be available to the Customer.
Price of the "Basket purchase option" is 1 Euro or 1.15 Euros per track and 9 or 11 Euros per album taxes included and regardless of the means of payment used by the Customer.
This Starzik account allows access to customers using a username and password. The password will be sent to the Customer by email at the end of his registration. Customer may change his password by accessing the "my profile" section on the site after identifying himself.
The Starzik account can be credited (digital credits only) by buying a pack of 33 credits for an amount of 30 Euros or 11 credits for 10 Euros, taxes included.
The credit account Starzik can not in any way be converted into cash.
Customer must immediately notify the company Starzik for any loss or unauthorized use of its account, its IDs and passwords. Passwords and IDs are personal and Customer agrees not to disclose. As such, the Customer is solely responsible for their use. Any attempt to substitute a password or identifying another Client is strictly prohibited.
Instant Audiotel purchase:
The call will be charged to the customer from a fix telephone on the basis of 1.34 Euros inc call + 0.34 Euros per minute (Average recorded call is 1 minute 30). For calls made from mobile, please contact your telecom operator for the price of that billing.
Buyout payment by SMS:
The call will be charged to the customer from a mobile phone based on 1,5 Euros TTC SMS knowing that the acquisition of title require 2 SMS.
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Starzik the Company reserves the right to cancel or refuse any order from a client with whom there is a dispute on the payment of a previous order.
The archiving of purchase orders and invoices is done and can be produced as evidence.
The access code can be user once and is valid for a period of 30 (thirty) days from the date of issuance of the Code.
Audiotel service is only to be used in the territory of France.
In addition, billing performed through your telecom operator, it is best to seek the permission of the owner of the phone line from which the order is placed.
For the purchase of tracks only, the customer may choose a payment via SMS.
He will need to to select this payment method by clicking on the "SMS".. The customer should dial the phone number surcharged for that purpose and whose details are to be displayed on the Site or on the promotional material relaying the actual offer. The customer will see this code on the site and validate. He will then have access to the download link of the title.
ATTENTION: Special process for the instant purchase of tracks
It is clear that in a purchase Express Customer Is fully aware that it will be ANONYMOUS. Starzik will be unable to identify or trace the history of its purchases.. The link providing the download will be valid for one hour.. Beyond this period, the client can no longer download the track acquired. The customer has to accept it.
Starzik not be held responsible for loss, destruction, track or license to the client's computer or change disk or hardware. A single license for the track will be issued in this case. In all cases, no license sales gained may give rise to any refund or replacement.
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The settlement of purchases is made when buying a phonogram in the form of pre-payment. The service is available from the Customer after validation of the payment is made known.
Payment may be made:
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The company Starzik prohibits any third party to place a hyperlink pointing to one or more pages of the site without its express consent.
© 2010
The company Starzik reserves the right to change its prices or these terms of use and sales at any time but the products or services will be charged on the basis of fares and conditions in force at the time of orders registration.
3.1 "Basket purchase option" without commitment:
This offer allows downloading a comedy or musical recording, track or album without any commitment from the catalog proposed by the SITE. Customer who wishes to buy a music recording or a comedy has three means of payment described below - Article 5.As soon as the payment is confirmed, the download service will be available to the Customer.
Price of the "Basket purchase option" is 1 Euro or 1.15 Euros per track and 9 or 11 Euros per album taxes included and regardless of the means of payment used by the Customer.
3.2 "Account Purchase" Option
The Client can also create and credit his account Starzik on the site www.starzik.co.ukThis Starzik account allows access to customers using a username and password. The password will be sent to the Customer by email at the end of his registration. Customer may change his password by accessing the "my profile" section on the site after identifying himself.
The Starzik account can be credited (digital credits only) by buying a pack of 33 credits for an amount of 30 Euros or 11 credits for 10 Euros, taxes included.
The credit account Starzik can not in any way be converted into cash.
Customer must immediately notify the company Starzik for any loss or unauthorized use of its account, its IDs and passwords. Passwords and IDs are personal and Customer agrees not to disclose. As such, the Customer is solely responsible for their use. Any attempt to substitute a password or identifying another Client is strictly prohibited.
3.3 "Gift Vouchers" option
This option allows any customer to offer Gift vouchers to a third of his choice for an amount of 10 Euros all taxes included to download 11 tracks off promotion.3.4 "Instant purchase" option without commitment
As well as the "Basket purchase" and the "Account purchase" option discusses above, Starzik offers a "Basket purchase" option. It allows the download of 1 (one) track or 1 (one) album without any commitment and without registration. The user of the "Instant purchase" option will have the choice to pay either by credit card or Neosurf or, in case of single tracks, Audiotel by SMS or through a payment system called Allopass.Instant Audiotel purchase:
The call will be charged to the customer from a fix telephone on the basis of 1.34 Euros inc call + 0.34 Euros per minute (Average recorded call is 1 minute 30). For calls made from mobile, please contact your telecom operator for the price of that billing.
Buyout payment by SMS:
The call will be charged to the customer from a mobile phone based on 1,5 Euros TTC SMS knowing that the acquisition of title require 2 SMS.
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Article 4 : Orders
4.1 "Instant purchase": Orders and "Account purchases" :
The history and monitoring of transactions between the customer service and is available at any time of under "my profile" command history of downloads.Starzik the Company reserves the right to cancel or refuse any order from a client with whom there is a dispute on the payment of a previous order.
The archiving of purchase orders and invoices is done and can be produced as evidence.
4.2 "Instant purchase": Orders
For the purchase of tracks only, the customer may choose a payment Audiotel. He needs to select this payment method by clicking on the "Payment by Audiotel". The customer must call a voice server at the phone number surcharged for that purpose and whose details are to be displayed on the Site or on the promotional material relaying the actual offer. The customer will then notice that the code will be notified by phone. The customer will see this code on the site and validate it. He will then have access to the download link of the title.The access code can be user once and is valid for a period of 30 (thirty) days from the date of issuance of the Code.
Audiotel service is only to be used in the territory of France.
In addition, billing performed through your telecom operator, it is best to seek the permission of the owner of the phone line from which the order is placed.
For the purchase of tracks only, the customer may choose a payment via SMS.
He will need to to select this payment method by clicking on the "SMS".. The customer should dial the phone number surcharged for that purpose and whose details are to be displayed on the Site or on the promotional material relaying the actual offer. The customer will see this code on the site and validate. He will then have access to the download link of the title.
ATTENTION: Special process for the instant purchase of tracks
It is clear that in a purchase Express Customer Is fully aware that it will be ANONYMOUS. Starzik will be unable to identify or trace the history of its purchases.. The link providing the download will be valid for one hour.. Beyond this period, the client can no longer download the track acquired. The customer has to accept it.
Starzik not be held responsible for loss, destruction, track or license to the client's computer or change disk or hardware. A single license for the track will be issued in this case. In all cases, no license sales gained may give rise to any refund or replacement.
Article 5: Payment and secure payments
5.1.1 Means of payments "Basket Purchase" and the "Starzik Account"
All payments "Basket Purchases" and Starzik Account purchases" on the site are secured by the Caisse d'Epargne through 128-bit SSL technology.The settlement of purchases is made when buying a phonogram in the form of pre-payment. The service is available from the Customer after validation of the payment is made known.
Payment may be made:
- by credit card
- by ID tronic.
- by PayPal.
5.1 Means of payments "Instant Purchase":
Payment may be made:- by credit card
- by ID tronic.
- by PayPal.
Article 6: Right of withdrawal
Pursuant to Article L 121-20-2 of the Consumer Code, resulting from Ordinance No. 2001-741 of 23 August 2001, the legal deadline of withdrawal of 7 days does not apply to these general conditions sales.
Purchases of tracks and music albums are firm and definitive. They may therefore give rise to exchange, refund or a right of withdrawal except for packs that have purchased with no consumption of tracks.
In this case, the customer has 15 days from the date of purchase to enforce the right of withdrawal. Applications should be sent by mail to Starzik, 1 rue de Provence, BP 208, 38432 ECHIROLLES. In this case, the company Starzik will proceed to the cancellation of that pack.
The packs purchased that have been consumed can be refunded or exchanged.
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Purchases of tracks and music albums are firm and definitive. They may therefore give rise to exchange, refund or a right of withdrawal except for packs that have purchased with no consumption of tracks.
In this case, the customer has 15 days from the date of purchase to enforce the right of withdrawal. Applications should be sent by mail to Starzik, 1 rue de Provence, BP 208, 38432 ECHIROLLES. In this case, the company Starzik will proceed to the cancellation of that pack.
The packs purchased that have been consumed can be refunded or exchanged.
Article 7: Termination
Starzik The company reserves the right to terminate automatically without notice, the Client's account, without compensation benefit of customers in the following cases:
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- Non-compliance by Customer to these Terms of Use,
- Non-compliance by Customer of all requirements and information disseminated online,
- Non-compliance by Customer to service conditions,
- Non-payment by the Customer of the amount owed,
- Acting contrary to the interests of Starzik,
- Acting contrary to the Intellectual Property Code.
Article 8:Responsabilities
It is expressly agreed between the parties that the site is subject Starzik for each of its obligations under these general conditions of sale to an obligation of means.
The responsibility of society can not engage Starzik in the event of non compliance with the laws of the country where the records are downloaded.
The Client is solely responsible for their utilization of services that are offered by the site Starzik. Therefore, the Customer undertakes to make his case personally from all claims and / or procedure of whatever form and nature filed against the company Starzik and which relate directly or indirectly to the use of an online downloading music or comedy service.
The company Starzik should never be responsible for the limitations of the Internet:
The Customer is responsible for the use of data he consults, queries on the Internet and use of services offered by the company Starzik whose responsibility cannot be engaged in any capacity whatsoever.
The company Starzik cannot be held responsible for any malfunction and / or any interruption in the availability of offers to buy records that are not of its own act.
Customer accepts the temporary suspension of access to forms of purchase.
In any event, the responsibility of the Starzik society is limited to the price of the service ordered by the Customer if the latter could not download the full program of online music or comedy service ordered or access, at the condition that the customer is able to provide supporting evidence.
The company Starzik cannot be held responsible for the misusage of the information available on the site.
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The responsibility of society can not engage Starzik in the event of non compliance with the laws of the country where the records are downloaded.
The Client is solely responsible for their utilization of services that are offered by the site Starzik. Therefore, the Customer undertakes to make his case personally from all claims and / or procedure of whatever form and nature filed against the company Starzik and which relate directly or indirectly to the use of an online downloading music or comedy service.
The company Starzik should never be responsible for the limitations of the Internet:
- its technical performance and response time to consult, examine or transfer data information
- data circulating on the Internet that are not necessarily protected, particularly against possible diversions,
- the communication of any information deemed confidential by the Customer is at his own risk, it is the Customer to take all appropriate measures to protect its own data and / or software from contamination by viruses on the Internet network
- data circulating on the Internet can be regulated in terms of use or be protected by a property right.
The Customer is responsible for the use of data he consults, queries on the Internet and use of services offered by the company Starzik whose responsibility cannot be engaged in any capacity whatsoever.
The company Starzik cannot be held responsible for any malfunction and / or any interruption in the availability of offers to buy records that are not of its own act.
Customer accepts the temporary suspension of access to forms of purchase.
In any event, the responsibility of the Starzik society is limited to the price of the service ordered by the Customer if the latter could not download the full program of online music or comedy service ordered or access, at the condition that the customer is able to provide supporting evidence.
The company Starzik cannot be held responsible for the misusage of the information available on the site.
Article 9: Security and Privacy
The company Starzik may collect personal data of the customer, it may also ask at any time, additional information.
It is clear that the site was properly declared at the CNIL under the provisions of the Act of 6 January 1978. The company has also Starzik of all legal and administrative approvals required for the operation of the site and its services.
The Starzik company informs the customer that all personal data collected will be processed automatically. The company Starzik undertakes to respect the privacy of the customer and protect personal data.. To create this account, are asked to the Customer some personal information such as their full name, zip code and e-mail address. This information allows the company to identify the Customer and to send an e-mail confirmation of enrollment.
All information that the client gives the company Starzik are intended to better serve him in making offers personal and secure communications concerning the SITE. They may also be used for marketing purposes by other trading partners.
The processing of such personal data will also enable the company to Starzik:
According to the Act of 6 January 1978 on computers, files and freedoms, the client has a right to access, modify, change and delete data. In these circumstances, the Client has the right, upon written request signed by him, receive information on the processing of data. Customer must send its request to the company Starzik at the following address: 1 Rue de Provence BP208 ECHIROLLES 38,432.
If the processed information is incorrect or incomplete, the Customer may request that it be corrected or deleted by sending a message to society Starzik, at www.starzik.co.uk or by clicking on "my profile". To receive the best possible service from the company Starzik, Customer agrees to regularly update the information and to inform society Starzik of any change regarding their personal data.
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It is clear that the site was properly declared at the CNIL under the provisions of the Act of 6 January 1978. The company has also Starzik of all legal and administrative approvals required for the operation of the site and its services.
The Starzik company informs the customer that all personal data collected will be processed automatically. The company Starzik undertakes to respect the privacy of the customer and protect personal data.. To create this account, are asked to the Customer some personal information such as their full name, zip code and e-mail address. This information allows the company to identify the Customer and to send an e-mail confirmation of enrollment.
All information that the client gives the company Starzik are intended to better serve him in making offers personal and secure communications concerning the SITE. They may also be used for marketing purposes by other trading partners.
The processing of such personal data will also enable the company to Starzik:
- fulfill its obligations towards its clients,
- create studies and develop content exclusively for Client
- inform the customer of special offers, updated information and any other new service created by the company Starzik,
- contact the Customer by mail or e-mail to conduct market research and send directly to the Client general or determined offers in their interests. Customer also authorizes the company to Starzik personal data to third parties.
According to the Act of 6 January 1978 on computers, files and freedoms, the client has a right to access, modify, change and delete data. In these circumstances, the Client has the right, upon written request signed by him, receive information on the processing of data. Customer must send its request to the company Starzik at the following address: 1 Rue de Provence BP208 ECHIROLLES 38,432.
If the processed information is incorrect or incomplete, the Customer may request that it be corrected or deleted by sending a message to society Starzik, at www.starzik.co.uk or by clicking on "my profile". To receive the best possible service from the company Starzik, Customer agrees to regularly update the information and to inform society Starzik of any change regarding their personal data.
Article 10: Intellectual Property
All music files, comedies, texts, comments, illustrations and images reproduced on www.starzik.co.uk are reserved under the copyright and as intellectual property by their holders and worldwide. As such and in accordance with the provisions of the Intellectual Property Code, only use it for private purposes is allowed and is subject to different rules of the code of intellectual property. Total or partial reproduction of the SITE for purposes other than its intended use and / or its components is strictly prohibited. Any sale, exchange, lease or files transfer to a third party, are strictly prohibited.
It is recalled that designate a DRM system for protecting digital file allowing to control the number of prints and transfer. These opportunities burning and transfer can not be interpreted in any case as a waiver by the heirs of their rights on their files delivered.
Regarding music files, the company Starzik recalls that it is only entitled to disseminate these files and those that are protected by national and international regulations regarding copyright.
Customer only has the right to use as personnel files and is limited to information provided at the time of the selection of music files and comedy, in a strictly private and free context. Any use outside this framework is strictly prohibited and any use other than private exposes the Customer to civil prosecution and / or criminal prosecution.
In case music files available on Starzik include the identification and / or technical measures of control and restriction of use, or protection against third parties, the Customer agrees not violate these terms or measures and / or edit or delete them.
Customer agrees not to attempt to circumvent or modify the software needed to run the service and not to violate these conditions, not hinder, modify or delete any information rights on products, or to encourage or assist others to carry out such acts.
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It is recalled that designate a DRM system for protecting digital file allowing to control the number of prints and transfer. These opportunities burning and transfer can not be interpreted in any case as a waiver by the heirs of their rights on their files delivered.
Regarding music files, the company Starzik recalls that it is only entitled to disseminate these files and those that are protected by national and international regulations regarding copyright.
Customer only has the right to use as personnel files and is limited to information provided at the time of the selection of music files and comedy, in a strictly private and free context. Any use outside this framework is strictly prohibited and any use other than private exposes the Customer to civil prosecution and / or criminal prosecution.
In case music files available on Starzik include the identification and / or technical measures of control and restriction of use, or protection against third parties, the Customer agrees not violate these terms or measures and / or edit or delete them.
Customer agrees not to attempt to circumvent or modify the software needed to run the service and not to violate these conditions, not hinder, modify or delete any information rights on products, or to encourage or assist others to carry out such acts.
Article 11: Proof
The parties undertake to include all electronic documents and requests that they share in the present and their execution as original documents linking them to a full and therefore intend to assign to all the Electronic documents a probation value. The scope of proof is placed on an original in the sense of a written document.
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Article 12: Changes
The company Starzik reserves the right to make changes of all kinds any time, particularly concerning the sales department downloading, and offers.. It is therefore for the client to be regularly informed of any developments in the SITE.
Similarly, the company Starzik reserves the right to change these terms and conditions of sale, given that in this case, the general sales conditions will apply those in force on the day that Customer has ordered.
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Similarly, the company Starzik reserves the right to change these terms and conditions of sale, given that in this case, the general sales conditions will apply those in force on the day that Customer has ordered.
Article 13: Law - Courts
These general conditions of sale are governed by French law.
If there is a dispute regarding the implementation of this provision and, in the absence of agreement between the parties, the courts of GRENOBLE will be the proper jurisdiction of the dispute
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If there is a dispute regarding the implementation of this provision and, in the absence of agreement between the parties, the courts of GRENOBLE will be the proper jurisdiction of the dispute
Article 14: Miscellaneous
14-1 Consent
Double-click by the Customer is an electronic signature that has , among the parties, the same value as a handwritten signature and thus manifest, the customer's consent to the terms of the document subject to the double click.14-2 Hyperlink
Starzik the Company reserves the right to set up links on its site providing access to pages other than its site. The Client is formally informed that the sites can access it through hyperlinks are not Starzik society, therefore, it is not responsible for the content of the information provided on these sites after activation the hyperlink.The company Starzik prohibits any third party to place a hyperlink pointing to one or more pages of the site without its express consent.
14-3 Customer Service
For information, the Customer Service site is available via Starzik .© 2010