TRIBLY GENERAL TERMS OF SALE
BY COMPLETING A PURCHASE ON TRIBLY, YOU AGREE TO THESE GENERAL
TERMS OF SALE.
- Subject and Scope
a) These General Terms of Sale (hereinafter referred to as “TOS”) apply to all
purchase orders you place on the Tribly online platform (hereinafter referred to as the
“Tribly Platform”) and your subsequent purchase agreement with Fan Space, LLC, a
Mississippi limited liability company d/b/a Tribly (hereinafter referred to as “Tribly”)
regarding your purchase of certain digital music files (collectively referred to as “Music
Files”)
b) In addition to these TOS, the Tribly Website Terms of Use and Privacy Policy
shall also apply.
- Order Process and Conclusion of Purchase Agreement
a) The presentation of music files on the Tribly Platform does not represent an offer
but shall be understood as a non-binding invitation for the customer to submit an order.
b) By clicking the “Buy now” button or otherwise completing the “checkout”
process, you are sending us a binding offer for the conclusion of a purchase order with
Tribly regarding the music files in your shopping cart (hereinafter referred to as
“Order”).
c) Tribly may, at its discretion, accept or reject the Order. Tribly will accept your
Order by sending an order confirmation or simply by delivering the ordered music files to
you via a direct download to your device, a download link, or through your Tribly
account. Unless otherwise stated, the effective date of the purchase agreement is the date
on which Tribly confirms by email the acceptance of your Order.
d) If you place an Order through the Tribly Platform, the ordering process comprises
four steps:
i. You select the desired goods (music files).
ii. You review all items in your shopping cart and make any necessary
changes. By clicking the ‘Buy Now’ button, or any similar option to complete your checkout,
you proceed to payment.
iii. If you have not already done so, you log into your user account with email
and password and enter the required customer data for the transaction.
iv. Finally, on the “Checkout” page, you select the preferred method of
payment and confirm your acceptance of the conditions that shall apply to the purchase. Here,
you can again change the invoice details, check your purchase data and return to the cart by
clicking “Back to cart”. By clicking “Buy now”, or any similar option to complete your
checkout, your Order becomes binding, final, and non-refundable.
- Prices and Taxes
a) All prices quoted on the Tribly Platform are in US dollars, excluding taxes or
charges that may apply to the particular Order.
b) Any additional custom taxes, duties, fees, imposts, tariffs and charges that may be
raised by particular countries or authorities related to the conclusion or execution of your
Order shall be borne by you. In the event Tribly is required to pay such charges to any
authority, you shall indemnify and hold harmless Tribly for any such payments.
c) In the event of obvious errors on the Tribly Platform or made in connection with
your Order, Tribly reserves the right to correct the error and charge you the correct price.
- Payment conditions
a) You can select one of the payments methods described on the Tribly Platform.
Tribly reserves the right to exclude or include particular payment methods at any time.
b) All payment methods, including but not limited to credit card, PayPal or digital
currency, will be executed by third party payment service providers using their secure
infrastructure. Our payment service providers reserve the right to decline the processing
of payments in cases of suspected fraud or other irregularity.
c) All payments made by you shall be governed by the terms and conditions of the
respective third party payment service provider applicable to such payment type.
- Delivery
a) Tribly will send the delivery email to the address indicated in your Order.
b) The Tribly Platform shall facilitate the delivery of the Order upon confirmation of
your successful payment of the purchase price. Time for delivery shall be prolonged by
reasonable periods in case of force majeure or other events for which Tribly is not
responsible, such as disruptions in operations, strikes, power outages, acts of God,
pandemics, epidemics, governmental authority measures, or troubles with
telecommunications.
c) The artist retains full ownership of the master recording of the music files. The
fan is purchasing a copy of the music file for personal use, and no ownership of the
master recording is transferred as part of this transaction.
d) Delivery will be made via a direct download, download link sent to your email, or
available in your user account. By making a purchase, the customer acknowledges and
understands the process of purchasing and downloading digital files.
Use of Personal Information
a) To register on the Tribly Platform, you need to specify a login name and a
password. Tribly further needs your contact information for issuing the invoice. You are
responsible for keeping this information correct, confidential, and up to date.
b) By completing the contact form, you ensure and take full responsibility that the
entered data truly identifies you as a natural person or as a representative of the specified
organization. If you place an Order on behalf of an organization, you ensure that you
have the authority to do so.
c) Tribly is not liable for any consequences that may result from incorrect,
incomplete, or false information you have entered or from data you have changed
subsequently to your Order.
d) In case of online payments, you are required to enter your payment details. Online
payment information related to your Order is processed by Tribly’s payment service
providers. Tribly does not receive detailed information (such as your credit card number)
from transactions but instead receives information about whether the payment has been
performed successfully or not.
e) By placing your Order, you agree that your contact and payment information may
be used to process your payment and to execute your Order.
- Liability
Unless Tribly is proven to have defaulted intentionally or through
gross negligence, claims for damages or the rescission of the purchase agreement on
grounds of inaccurate delivery is excluded. Tribly’s total liability in any matter arising
out of or related to these TOS is limited to the purchase price.
- Miscellaneous
a) Tribly may assign, transfer or otherwise dispose its rights and obligations under
the purchase agreement with you, in whole or in part, at any time without notice to you.
You may not assign the purchase agreement or transfer any rights hereunder.
b) If any part of these TOS is or becomes legally invalid or ineffective, the validity
of the other provisions shall not be affected thereby. In this case, the invalid or ineffective
provision shall be replaced by a provision which comes as close as possible to the
economic purpose of the invalid or ineffective provision.
c) Tribly reserves the right to amend these TOS at any time.
d) These TOS, the Website Terms of Use and Privacy Policy constitute the entire
agreement between you and Tribly regarding your purchase of music files and supersede
all previous agreements that may have been made.
e) The place of performance regarding delivery and payment shall exclusively be
Mississippi, United States of America.
f) These TOS shall be governed by Mississippi law, to the exclusion of its conflict of
law rules. The application of the United Nation Convention on Contracts for the
International Sale of Goods shall be excluded. The place of jurisdiction shall be the court
having subject-matter jurisdiction in Rankin County, Mississippi.