1.The parties
1.1Orders on z3nastore.com (the "Store") are accepted and paid to Z3NA Beats Ltd, a company incorporated in the Federal Republic of Nigeria ("Z3NA Beats Ltd", "we", "us" or "our").
1.2The copyrights in each Beat are owned by Otaigbe Peace Nehizena p/k/a Z3NA and by any co-producer named in the relevant License Agreement (together, the "Producer"). Each License Agreement is granted by the Producer directly to you as licensee. Z3NA Beats Ltd sells and administers licenses on the Producer's behalf.
1.3"You" means the person placing an order. If you order on behalf of an artist, label or other organisation, you confirm that you are authorised to do so and that the person named as licensee accepts the License Agreement.
2.What you are buying
2.1You are buying a license to use a Beat on the terms of the License Agreement for the license type you select (for example, a lease or exclusive rights). You are not buying ownership of the Beat or of any copyright in it.
2.2The License Agreement for your order, completed with your details, is available to read at checkout before you pay. It is the sole source of your rights in the Beat and prevails over these Terms of Sale and any description on the Store in the event of conflict.
2.3Non-exclusive licenses (leases) may be granted to other licensees on the same or similar terms. Exclusive rights are granted only under an exclusive License Agreement.
2.4Where a Beat contains a sample that has not been cleared, this is stated on the Beat's page and in the License Agreement. Clearing that sample before release is your responsibility, as set out in the License Agreement.
3.Prices and payment
3.1Prices are set by region. The amount and currency you will be charged are shown at checkout before you pay. Any currency converter on the Store is a display estimate only and does not affect the amount charged.
3.2Payments are processed by our third-party payment provider. We do not receive or store your full card or bank account details.
3.3Prices do not include any charges imposed by your bank, card issuer or payment provider, such as currency conversion or international transaction fees, which are your responsibility. Where any tax applies to an order, it will be shown at checkout.
3.4We may change prices at any time. Changes do not affect orders for which payment has already been confirmed.
4.Formation of the contract
4.1A listing on the Store is an invitation to purchase and not an offer. By completing checkout, you offer to purchase the selected license on these Terms of Sale and the License Agreement.
4.2Your order is accepted, and the License Agreement takes effect, when your payment is confirmed by our payment provider. Your acceptance of the License Agreement is confirmed by your payment, whether or not you sign it.
4.3We may decline or cancel an order before or after payment where: the price or product was displayed in error; the Beat has ceased to be available, including because exclusive rights in it have been sold; we reasonably suspect fraud or unauthorised use of a payment method; or we are required to do so by law. Where we cancel an order after payment, we will refund the amount paid in full and no License Agreement will take effect.
5.Delivery
5.1On confirmation of payment, we will send to the email address you provided: the License Agreement as a PDF bearing a unique license number and verification code; a receipt; and, for license types that include files, secure download links.
5.2Download links remain valid for seven (7) days and may each be used up to five (5) times. You are responsible for downloading and keeping copies of your files. On request, we will issue new download links for a valid License Agreement.
5.3Delivery is normally immediate but may occasionally be delayed by our payment provider, email providers or other circumstances outside our control. If you have not received your License Agreement within twenty-four (24) hours of payment, please contact us at support@z3nastore.com.
5.4Beat files are delivered without artwork. Artwork shown on the Store does not form part of any license.
6.Exclusive rights and offers
6.1Unless a Beat displays a fixed exclusive price, exclusive rights are available by offer. An offer submitted through the Store is not binding on us. A sale of exclusive rights takes place only when we accept the offer in writing and you complete payment of the accepted amount in the accepted currency.
6.2Once exclusive rights in a Beat are sold, the Beat is withdrawn from the Store. Non-exclusive License Agreements issued before the exclusive sale continue on their own terms.
7.Upgrades
7.1A valid non-exclusive License Agreement may be upgraded to a higher license type, where available, by paying the difference between the price of the higher license and the amount paid for the original license. On upgrade, a new License Agreement is issued and the original License Agreement is replaced.
8.Discount codes
8.1Discount codes are subject to the conditions stated when they are issued. Unless stated otherwise, only one code may be used per order, codes have no cash value, cannot be exchanged, transferred or combined, and may expire or be withdrawn at any time.
9.Refunds and cancellation
9.1Because Beats are digital content supplied immediately on payment, all sales are final once the License Agreement is issued and the files are made available, as stated in the License Agreement. Our Refund Policy sets out how we deal with duplicate charges, delivery failures and defective files, and forms part of these Terms of Sale.
10.Payment disputes and chargebacks
10.1If you have a problem with an order, you agree to contact us at support@z3nastore.com before disputing the payment with your bank or card issuer.
10.2Where a payment is reversed, charged back or disputed, the License Agreement is void from its effective date, as provided in the License Agreement, the license will be shown as revoked on the verification page, and any use of the Beat or of any recording made with it constitutes copyright infringement. We reserve the right to contest any chargeback with evidence of the order, the License Agreement and its delivery.
11.Fraud prevention
11.1We and our payment provider may review, delay or decline any transaction, request verification of identity or payment, and revoke any License Agreement obtained by fraud or with an unauthorised payment method.
12.Our responsibilities
12.1We warrant that we are authorised by the Producer to sell License Agreements for the Beats offered on the Store.
12.2Our total liability to you in connection with any order, whether in contract, tort or otherwise, shall not exceed the amount you paid for that order. We shall not be liable for any indirect or consequential loss, including loss of profits, revenue, opportunity or reputation, or for any delayed or missed release.
12.3Nothing in these Terms of Sale excludes or limits any liability, or any right you have as a consumer, that cannot be excluded or limited under applicable law.
13.Force majeure
13.1We shall not be liable for any delay or failure to perform caused by events beyond our reasonable control, including failures of payment, banking, internet, hosting or email services.
14.Electronic records
14.1You agree that these Terms of Sale and each License Agreement may be concluded, accepted and stored electronically, and that our electronic records of an order, its payment and its delivery are admissible evidence of them.
15.Changes
15.1We may amend these Terms of Sale by publishing a revised version on the Store. The version in force when your payment is confirmed applies to your order.
16.Governing law and disputes
16.1These Terms of Sale are governed by the laws of the Federal Republic of Nigeria. The parties shall first attempt in good faith to resolve any dispute by correspondence. Failing resolution within thirty (30) days, the courts of Nigeria shall have exclusive jurisdiction, without prejudice to any mandatory rights you may have under the laws of the country in which you live.
17.Entire agreement
17.1These Terms of Sale, the License Agreement, the Refund Policy, the Terms of Use and the Privacy Policy together form the entire agreement between you and us in respect of your order. In the event of conflict, the License Agreement prevails, followed by these Terms of Sale.
18.Contact
18.1Z3NA Beats Ltd, Nigeria. Email: support@z3nastore.com.