Cinq Music Group, LLC Webstore Terms and Conditions
(Last updated on November 18, 2019)
- These terms and conditions (the "Terms") govern your relationship (hereafter, "You" or "Your," individually) with Cinq Music Group, LLC ("Cinq")
when You use Cinq’s online services (the "Services") via this webstore (this "Webstore"). Wherever You see "Cinq" on the website or in any of the
Terms, this means Cinq and any of its affiliates, subsidiaries or any parent company
(including the ultimate parent company) of Cinq and any subsidiary of any such parent company for the time being. From time to time, Cinq may use the services of third parties to
assist Cinq in the provision of
this Webstore, however, unless otherwise stated, the Services available on this Webstore are provided to You by Cinq.
Terms. If You do not agree to these Terms, You may not use this Webstore.
- Orders may only be placed via this Webstore. Cinq does not accept orders in any other manner, including via telephone.
- You should print a copy of these Terms for future reference.
- If You have any questions about these Terms please contact Cinq by emailing: email@example.com
- Placing an order via this Webstore may require You to use third party apps to commence and/or complete Your order. As such, when placing an order via this Webstore, You represent
and warrant that You have accepted the terms and conditions of said third party apps, as applicable.
Changes to These Terms
- Cinq may make changes to these Terms from time to time, which will be effective when posted on this Webstore. Cinq will not notify You directly/personally of any changes to the
Terms; as such,
it is encouraged that You check this Webstore regularly for any updates to these Terms. It is expected that You will read these Terms fully prior to any purchase, and Your
continued use of this
Webstore following the posting of changes will mean You accept those changes.
You will be subject to the policies and Terms in force at the time that You order product(s) from Cinq, unless any change to those policies or these Terms is required to be made by
law or a
governmental authority (in which case it may also apply to orders previously placed by you).
- The Services, this Webstore, including, without limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips, digital downloads ("Content")
are owned and
controlled by or
licensed to Cinq, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of Cinq or such affiliates, licensors and/or licensees.
- Unless otherwise specified, this Webstore and Content are for Your personal and non-commercial use only.
- You may not, without Cinq’s express written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the Content or any source HTML
code in any
form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
You may not:
- restrict or inhibit any other user from using and enjoying this Webstore or the Services;
- act in any way that would damage, disable, overburden, or impair this Webstore or the Services or effect or encourage conduct that would constitute a criminal offense or
give rise to civil
- upload, post or transmit to, or distribute or otherwise publish through this Webstore any materials that contain a virus or other harmful component, or false or misleading
origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party‘s rights;
- impersonate any person or entity or misrepresent Your affiliation with any other person or entity;
- exploit any information or other material obtained on or through this Webstore for commercial purposes;
- engage in spamming, flooding, harvesting of e-mail addresses or other personal information, "spidering," "screen scraping," "database scraping," or any other activity with
the purpose of
obtaining lists of users or other information (including any activity which involves accessing or using Cinq cookies for purposes which are unrelated to the Services);
- attempt to gain unauthorized access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not
available or provided for through this Webstore; or
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore, the Contents or the Services.
Software used to provide the Services ("Software") is owned by or licensed to Cinq, Cinq’s affiliates or Cinq’s software suppliers. All rights in the Software are
the sole and exclusive
property of Cinq or Cinq’s suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and You acquire no other rights in the
Software of any
sort. In particular, but without limiting the foregoing, You may not:
- use the Software to transmit any content (including the Content) to Cinq or to any other person or entity;
- sell or otherwise distribute any part of the Software;
- modify, adapt, translate or reverse engineer any part of the Software;
- attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorized;
- use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
- use the Software for any commercial purpose.
Registration and Passwords
- If a particular Service requires You to register with this Webstore or set up an account, You will need to complete the registration process by providing certain information
name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that You will provide truthful
information when registering or opening an account. The decision to register a password is in Cinq’s discretion and Cinq may revoke Your password at any time.
- You are responsible for maintaining the confidentiality of the password and Your account information, and You are solely responsible for all activities that occur under Your
password or account
and for any access to or use of this Webstore by You or any person or entity using Your password, whether or not such access or use has been authorized by You, and whether or not
such person or
entity is Your employee or agent.
- You must immediately notify Cinq of any unauthorized use of Your password or account or any other breach of security.
- Cinq will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person’s
account at any
time without the express permission of the account holder.
- You are responsible for ensuring that the information Cinq holds is up to date. Please amend your details as appropriate from time to time or email firstname.lastname@example.org to notify
Cinq of any
required to install
third-party software to access some or all of the Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions
provided by the
software supplier may apply to Cinq’s the third-party software.
Cinq’s Webstore Offerings
This Webstore may allow You to:
- purchase physical products (e.g., apparel and other merchandise);
- download digital products (e.g., music and videos);
- purchase mobile products (e.g. music, videos and other Content such as wallpaper, screensavers and logos);
- download (and/or participate) in online games, at a cost or free of charge;
- stream services to enable You to preview and/or listen to and/or watch music and videos online; and/or
- subject to any separate specific terms and conditions, offer such services to You on a subscription basis.
- Shipping and delivery dates for any and all so-called "limited edition" and/or "pre-order" sales of product(s) are not guaranteed unless otherwise specified.
- Returns and/or exchanges will never be accepted for so-called "limited edition" product(s).
- Products on this Webstore are limited to the sizes, colors and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is currently unavailable.
- If Cinq decides to offer any additional products on this Webstore, such future products will also be covered by these Terms.
Placing an Order
- By placing an order through this Webstore, You warrant that You are legally capable of entering into binding contracts; and You are at least 18 years old.
- If You are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms on Your
- Follow the onscreen instructions on this Webstore to place an order.
- Items which You select for purchase, download and/or streaming (as applicable) will automatically be placed in Your "shopping basket." To remove an item from Your shopping basket,
on the "remove" (or similar) button next to the item as it appears in Your basket.
- Once You have pressed the "checkout" (or similar) button, You will be asked to provide certain information to allow Cinq, or a service provider engaged by Cinq, to process Your
Your selected payment method and credit card, PayPal, e-wallet or other payment details).
- Cinq cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or
quantity. If You
wish to cancel Your order and place a new order with different information, products or quantities, please follow the Cancellation Policy (set out in Section XI as applicable,
- You will receive an order summary confirmation on screen and/or by email (as long as You have provided Cinq with a valid email address) acknowledging that Cinq has received Your
order – this
does not mean that Your order has been accepted. Your order represents an offer to Cinq to purchase a particular item which is accepted by Cinq only when Cinq sends You an email
("Dispatch Confirmation") confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing
- Cinq may reject or cancel Your order for any reason prior to shipping Your order. If Cinq rejects Your order after payment has already been taken, Cinq will provide You with a
accordance with Cinq’s Refund Policy set out in Section XIII (below). Where Your order was for products of a "hybrid" nature (e.g., a physical and digital product) Cinq will refund
element of the order in accordance with Cinq’s Cancellation Policy (set out in Section XI as applicable, below) for that particular product.
- Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. Cinq is not liable for delays due to carrier,
- If You have selected a trackable shipping method at checkout, You will receive tracking information via the email You provided with Your shipping information.
- Shipping delays will occur if an incorrect address is provided at the time of checkout. Cinq is not responsible for any lost packages due to Your provision to Cinq of an incorrect
address at the time of checkout. If the package containing the product(s) You ordered is returned to Cinq due to a shipping error, Cinq will contact You, via the email You provided
shipping information, for an updated address to send the product(s). If Cinq does not receive a response within ten (10) business days of contacting You, Cinq reserves the right to
- If You have ordered multiple items within a single order, Cinq reserves the right to either (i) ship Your order once all items become available to ship or (ii) to split Your order
multiple items into multiple shipments (“Split Shipping”) at Cinq’s discretion. For some orders, Cinq may offer You the ability to choose Split Shipping during checkout. Split
Shipping options may
read “Ship Items Separately – As They Become Available” or similar. If You have selected Split Shipping, Your items will ship in separate packages as they become available for
Shipping is not available for every order and Cinq reserves the right to revoke Split Shipping options at any time.
- Cinq may offer expedited shipping options (e.g., Next Day, 2-Day, 3-Day). If You selected an expedited shipping option, Your items will ship together in a single shipment when all
available to ship, or solely at Cinq’s discretion, Cinq may split Your order into separate shipments, as items become available. Split Shipping is not available at Your option
during checkout for
expedited orders. Cinq reserves the right to revoke expedited shipping options at any time. PLEASE NOTE: expedited shipping timelines are the carrier’s timelines from the date the
items are ready
to ship from Cinq’s warehouse facilities. For preorders, expedited shipping is based upon when the preorder period is over, and the items are ready to ship. These timelines may
vary. The timeline
for a preorder will be available via the product page. You should read all product descriptions thoroughly for all applicable details and You should ensure You understand all
preorder and shipping
timelines prior to selecting Your shipping method.
- Unless otherwise specified, product prices already reflect discounts. All offers are limited to stock on hand; no rain checks or vouchers are available unless otherwise noted. Not
prior purchases, gift cards, gift certificates, taxes, shipping, or handling and processing charges. Purchaser must pay applicable sales tax. Offer may not be combined with any
promotion, discount, code, promo, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred, or otherwise bartered. Void where prohibited, taxed or
restricted. Returns or cancellations of any portion of a purchase requires equal forfeiture of offer or amount equal to offer. Cinq has the right to end or modify any promotion at
any time at its
sole discretion. Other restrictions may apply. Offers only apply to the United States unless otherwise noted.
- Cinq may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, and other e-wallets.
Prices appear on
this Webstore and exclude sales tax unless otherwise stated. Cinq may change the prices for products at any time by posting new prices on this Webstore.
- By paying with Your credit or debit card, or any other payment method, You confirm that the card is yours and that there are sufficient funds or credit available to cover the
- Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total
amount and will
be calculated and displayed on screen prior to You submitting Your payment details or finalizing your order. Typically, the purchase will appear on Your credit card or bank
statement under the
applicable artist or store name, or as Cinq, or under the name of an applicable technology vendor (such as "Shopify"). If You have any questions about what to expect on Your credit
please contact email@example.com.
- It is always possible that, despite Cinq’s best efforts, some of the items listed on this Webstore may be incorrectly priced. Cinq will usually verify prices as part of Cinq’s
procedure so that, where a product’s correct price is less than Cinq’s stated price, Cinq will charge the lower amount when dispatching the product to You. If a product’s correct
price is higher
than the price stated on this Webstore, Cinq will usually, at Cinq’s discretion, either contact You for instructions before dispatching the product, or reject Your order and notify
You of such
rejection. Cinq is under no obligation to provide the product to You at an incorrect (e.g., lower) price, even after Cinq has sent You a Dispatch Confirmation, if the pricing error
and/or could have reasonably been recognized by You.
- Billing to Your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of Your
- Cinq may use a third-party service provider to process payments, but will ensure that any payment processor engaged by Cinq will use security to encrypt credit or debit card
- Cinq will check all transactions for signs of fraud and may use a third-party service provider to do so. If Your order is flagged for fraud, Your order will be delayed, and
representative will contact You to verify Your information. Please contact firstname.lastname@example.org with any questions related to Your order if You are notified it is flagged for
Cancellation, Delivery and Usage Rules
- Cancellation – If You order digital content to download or stream, You will have a cancellation period of fourteen (14) days in which to cancel Your order for any reason.
However, if You decide
to download or stream Your product before the end of these fourteen (14) days, then You will lose this cancellation right. When Cinq delivers You the link to download or
stream Your content, Cinq
will make it clear that by clicking on that link You are giving up these cancellation rights. If You are ordering digital content that is provided on a physical CD or DVD,
the usual cancellation
terms apply as set out in paragraph XI(2) below.
- Delivery – Each download item made available to or purchased by You can be accessed via the relevant area of this Webstore using Your login details and/or following the
onscreen or via email. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is
authorized by following the
instructions provided onscreen or via email. Cinq reserves the right to send digital and/or physical goods in partial deliveries (i.e., You may receive multiple packages or
links related to a
- Usage Rules – You may purchase downloads or stream digital content (as applicable) for Your personal and non-commercial use only. In the event You experience any problems
in downloading the
relevant download item, Cinq will allow You to subsequently attempt to download the relevant download item. In the event You experience any problems when downloading,
email@example.com. Please note, Cinq may withdraw products from this Webstore at any time. You may make such copies of a
product as specified by any specific usage rules
to that product, or
such copies as are reasonably necessary for Your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products. Digital rights
management software may be used
from time to time to prevent any unlawful use.
- Technical Problems and Faulty Products (digital products) – If digital content that You download is defective or faulty, please let Cinq know as soon as possible (by
contacting Cinq at
firstname.lastname@example.org that the digital content is indeed defective, Cinq will first attempt to repair or replace the relevant
product at Cinq’s cost within a reasonable
timeframe if it is
reasonably possible to do so. If a repair or replacement is not possible, Cinq will refund You for either the full or partial cost of the product as appropriate. If Cinq
agrees to a refund, Cinq
will refund the sum agreed within fourteen (14) days of confirming to You that You are entitled to a refund.
- Unless otherwise stated upon placing Your transaction in the product description, or in the checkout, You may cancel Your purchase of physical products at any time
prior to the product being
shipped to You, for any reason, by emailing a notice of cancelation to email@example.com, prior to receiving a shipping
confirmation. If Your item has already
shipped, You may return the item
for store credit within five (5) days of receiving the product for any reason, provided that You follow the specified instructions from Cinq regarding returns. In
this case, You will receive a
full refund of the price paid for the product(s) in accordance with Cinq’s Refund Policy set out in Section XIII below. For clarity, where Your
order was for
products of a "hybrid" nature (e.g., a
physical and digital product) and Cinq has begun the process of delivering Your digital product order, Cinq will refund the relevant physical element of the order
in accordance with Cinq’s
Cancellation Policy as set out in this Section XI(2). Where You order multiple items that are delivered in separate batches, Your fourteen (14) day
period does not begin until the day
after the last item has been received by You.
- To cancel in accordance with the terms herein, You must inform Cinq clearly. Cinq recommends emailing firstname.lastname@example.org
with a clear "Notice of Order
Cancelation" and Your order number in
the subject line of the email. Please return the product to Cinq immediately in the same condition you received it (at your own cost and risk), following the
specific return instructions You
receive. You have a legal obligation to take care of the product while it is in Your possession. If You fail to do so, Cinq may have a claim against You for
reimbursement for any damage caused by
You to the product.
- Further details, including an explanation of how to exercise Your right to cancel, may be provided in the Dispatch Confirmation for physical goods. Details of
Cinq’s Refund Policy can also be
found at Section XIII.
Note, this right to cancel does not apply:
- where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
- where the product has been made to Your specification;
- to digital content (see Sections XI(1) above);
- where the product, by reason of its nature, cannot be returned, or is billed is a "Final Sale" or part of an "All Sales are Final" offer in the applicable
product description or checkout page;
- Limited addition merchandise or other memorabilia; and
- Merchandise that has been worn, washed or in any way damaged by the consumer.
- Delivery. Cinq will make best efforts to fulfill Your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is
understood that circumstances
outside of Cinq’s control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays,
manufacturing delays for
preorder product, and shipping delays from the content provider for preorder product.
- Risk and Title. Products purchased will be at Your own risk of loss from the time of delivery. Ownership of the products will only pass to You when Cinq receives
full payment of all sums due
in respect of the products, including delivery charges.
Damaged, Incorrect or Incomplete Orders
- If Your order arrives damaged, incorrect or incomplete, please contact Cinq at email@example.com.
- Damaged. If Your ordered product(s) arrive damaged, photograph evidence will need to be attached to Your email to Cinq. Once Cinq
receives the photographs, Cinq will issue You a
via email. Once the damaged product(s) is shipped back to Cinq, and Cinq obtains possession of said product(s), Cinq will provide You with replacement product(s).
- Incorrect. If Your ordered product(s) arrive and the product(s) is/are not what You ordered; once You contact Cinq notifying Cinq
that You received incorrect product(s), Cinq will
issue You a
return label via email. Once the incorrect product is shipped back to Cinq, and Cinq obtains possession of said product(s), Cinq will provide You with a replacement product.
- Worn or Washed. Cinq will not provide return labels, nor be responsible, for any product that has been worn or washed.
- If You cancel Your purchase of products as detailed in Section XI above, Cinq will process the refund due to You as soon as possible. In such event, Cinq will refund the price of
the product in
full, including the cost of delivering the item to You via standard delivery, provided that You have taken reasonable care of the returned product. If audio, video or software
products provided to
You in a separate sealed packet are opened, You may not be entitled to a refund. You will be responsible for the cost of returning the item to Cinq. For clarity, where Your order
was for products
of a "hybrid" nature (e.g., a physical and digital product) and Cinq has begun the process of delivering the digital part of Your product order, Cinq will refund the relevant
element of the order
in accordance with Cinq’s Cancellation Policy (as set out in Sections 44 and 48 as applicable) for that particular product.
- If You seek to cancel Your purchase because You claim that the product is defective or that there has been damage or error on Cinq’s part, Cinq will examine the returned product
and will notify
You of Your refund or otherwise via email within a reasonable period of time.
- In the event that Cinq has to cancel Your order after payment has been received from you, Cinq will notify You of Cinq’s need to cancel Your order and supply You with a refund as
- Products returned by You because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in
returning the item to Cinq.
- Cinq will attempt to process any refund using the same method originally used by You to pay for Your purchase. If You use a gift card to make your purchase, or any other prepaid
method, You may
receive credit back to the applicable gift card or prepaid method; because of this, You are expected to keep any gift cards or prepaid methods pursuant to making a purchase to
ensure You receive
credit upon any refund.
- Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, Your sole remedy will be either a replacement product or a refund, as determined by Cinq or
the relevant third-party supplier as appropriate.
Cinq will not be liable to You for failures, defects or delays in delivery caused by:
- Your provision of incorrect information;
- Your computer failing to meet the minimum technical requirements for the Services;
- Your failure to comply with instructions for use of the Services; or
- an event which is outside of Cinq’s reasonable control.
International Orders; Import Duty
- Products ordered from this Webstore for delivery outside the United States may take up to eight (8) weeks from the ship date to arrive at the designated destination.
- Products ordered from this Webstore for delivery outside the United States may be subject to import duties and taxes that are levied when the delivery reaches the specified
will be responsible for payment of any such import duties and taxes. Further, You shall be responsible for any local pickup or specified delivery with Your local postal service.
Cinq has no
control over these charges and local requirements and cannot predict their amount. Please contact Your local customs office and post office for further information before placing
- You must make sure that You comply with all applicable laws and regulations of the country for which the products are destined. Cinq will not be liable for any breach by You of any
Cinq may from time to time provide access via this Webstore to games, applications, and other such features (the "Games") that may be accessed by You subject, in
addition to the
Terms, to the
following specific provisions:
- Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible via this
the "Materials") are the property of Cinq, or its suppliers, and are protected by the United States’ and international copyright, trade mark and other
proprietary rights laws.
- You may access and use the Games and the Materials only for Your personal and non-commercial use and, if applicable, in accordance with the terms of the end user license
accompanies or is included with the Games and which is incorporated into these Terms by reference.
- Except as expressly authorized by Cinq in writing, You may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform,
distribute or otherwise use the Games or the Materials for any other purpose.
- You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or
form) of Cinq without
first obtaining Cinq’s express written consent.
- You may not use any meta tags or any other "hidden text" using Cinq’s name or trademarks without Cinq’s express written consent. Any unauthorized use immediately terminates
the permission or
license granted by Cinq.
- You agree that Cinq in its sole discretion may terminate, modify, delete or suspend Your access to the Games, or any part thereof, with or without notice to You. In the
event of termination
for any breach of these Terms, all unused credit if applicable, and/or other aspects of Your Games account will be forfeited.
Games, the policies,
the rules, and these terms at any time.
- When You access the Games, You are communicating with Cinq electronically. You hereby consent to receive such electronic communications.
- The Games are provided on an "as is" and "as available" basis. Cinq makes no representations or warranties of any kind, express or implied, as to the operation of the Games
or the information,
content, materials or products included on or accessing/downloading from this Webstore. You expressly agree that You are accessing/downloading the Games at Your sole risk
and that You will be
solely responsible for any damage to Your computer system or loss of data that results from the downloading of any such information, content, material or products. Cinq
does not warrant that the
Games, its servers, or any electronic communications sent to You are free of viruses or other harmful components.
Ticket and Event Pre-Sale Terms
Cinq may from time to time sell access to certain pre-sale opportunities for tickets and events. Such Pre-Sale Access may be bundled with merchandise and other offers. The
following rules shall
- Access to obtain tickets before the general public ("Pre-Sale Access") does not guarantee a ticket, but is an opportunity to obtain tickets as a part of a
- Pre-Sale Access is controlled by third party entities, and Cinq and related parties have no control or liability in relation to such third party ticket offers.
- Pre-Sale Access to tickets will only be available online. No direct phone, e-mail, or mail orders will be accepted.
- Pre-Sale Access tickets are sold as outlined in the pre-sale announcement and access and ticket prices may vary. No changes can be made to the quantity or type of tickets
limitations may apply.
- Cinq does not guarantee Pre-Sale Access to any additional shows added after a pre-sale announcement.
- Pre-Sale Access sales are final. There will be no refunds, exchanges, or name transfers for Pre-Sale Access. You should only purchase Pre-Sale Access for shows You are
certain You can attend.
- You may not resell Your Pre-Sale Access to another party. Reselling Pre-Sale Access can result in the revocation of the Pre-Sale Access itself, in addition to future ticket
- Cinq may, in Cinq’s sole discretion, terminate Your password, account (or any part thereof, if any) or use of this Webstore without notice if (i) You are in breach of these Terms;
or, (ii) if
Cinq believes, in Cinq’s absolute sole discretion, that the Services, the Content or the Software, is unsuitable.
- Termination, suspension or cancellation of Your access rights shall not affect any other right or relief to which Cinq may be entitled, at law or in equity.
- Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to Cinq and Cinq’s licensors (save for any continuing rights which
You may have
in connection with products which You have purchased from this Webstore).
- Cinq warrants to You that any goods purchased from Cinq through this Webstore are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are
- In relation to Cinq’s supply of products via this Webstore (including both digital and physical products) Cinq’s liability for losses which You suffer is strictly limited to the
paid by You. Cinq is not responsible for indirect losses which are not foreseeable by You and Cinq (such as loss of income or revenue, loss of business, loss of profits or
contracts, loss of
anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Cinq shall not be liable for any damages of any kind arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or consequential loss,
profits, goodwill or any other intangible loss, even if Cinq has been advised of the possibility of such loss. If You are an individual consumer, this may not apply to You and
instead Cinq will be
liable to You only for the direct and actual loss suffered by You and will not be liable for any indirect, incidental and/or consequential loss, even if Cinq has been advised of
the possibility of
- You agree to indemnify Cinq, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third
party due to,
arising out of or related to Your breach of these Terms, misuse of the products, or Your violation of any applicable law, rule, regulation or third party right.
This Section does not in any way limit or exclude Cinq’s liability:
- for death or personal injury caused by Cinq’s negligence;
- for fraud or fraudulent misrepresentation; or
- for any other matter for which it would be illegal for Cinq to exclude, or attempt to exclude, Cinq’s liability.
Transfer Rights and Obligations
- The agreement between You and Cinq created by these Terms (the "Agreement") is binding on You and Cinq and on Cinq’s respective successors and assigns.
- You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of Your rights or obligations arising under it, without Cinq’s prior written consent.
- Cinq may transfer, assign, charge or sub-contract the Agreement, or any of Cinq’s rights or obligations arising under it, at any time during the term of the Agreement, provided
remains primarily liable for Cinq’s obligations under the Agreement where applicable.
Events Outside Cinq’s Control
- Cinq will not be liable or responsible for any failure to perform, or delay in performance of, any of Cinq’s obligations that is caused by events outside Cinq’s reasonable control.
performance under these Terms is deemed to be suspended for the period that any such event continues, and Cinq will have an extension of time for performance for the duration of
that period. Cinq
will use Cinq’s reasonable efforts to find a solution by means of which Cinq’s obligations may be performed despite such event.
Resolving Disputes Between You and Cinq
- Cinq aims to help You with any queries or complaints You may have with the services and goods Cinq provides. Email Cinq at firstname.lastname@example.org
with any questions or issues.
- These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between You and Cinq and supersede and extinguish any prior
agreements or terms between You and Cinq.
- The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
- No breach by either You or Cinq of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
- No failure or delay by either You or Cinq in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or
exercise by either You or Cinq of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or
- These Terms shall be binding on and endure for the benefit of each party’s successors in title.
Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of the State of California and You and Cinq hereby irrevocably submit to the non-exclusive jurisdiction
of the State
of California, Los Angeles County as regards to any claim or matter arising in relation to these Terms.
- Please note, You must comply with all applicable laws and regulations of the country for which the products are destined. Cinq will not be liable for any breach by you of any such
- Applicable laws require that some of the information or communications Cinq sends to You should be in writing. When using this Webstore, You accept that communication with Cinq
primarily communicated electronically. Cinq will contact You by email or provide You with information by posting notices on this Webstore. You agree to this electronic means of
You acknowledge that all contracts, notices, information and other communications that Cinq provides to You electronically comply with any legal requirement that such
communications be in writing.
For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
- All legal notices given by You to Cinq must be given to Cinq at the address set out below or the following email address: email@example.com. Cinq may give notice to You at the email or postal
address You provide to Cinq when placing an order or registering with this Webstore, or by posting the notice on this Webstore. Notice will be deemed received immediately when
posted on this
Webstore, twenty-four (24) hours after an email is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to
prove, in the case
of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the
- If You have any queries about these Terms, this Webstore or any of Cinq’s Services please contact: firstname.lastname@example.org.