TERMS

Terms of Sale

Kontakt Instruments / FX – Pangea and The Abyss

These are the terms and conditions on which we sell the Kontakt instrument products Pangea and The Abyss (each a Product) through our website https://infinitesamples.com (Site).
Please read these terms carefully before placing an order. They explain who we are, how we sell the Products, how payment works, your rights as a consumer where applicable, and other important information.

These terms apply together with the End User Licence Agreement (EULA) for the Product, which governs your use of the Product after purchase. By placing an order you accept these Terms of Sale and the EULA.

1. About us
   We are Infinite Samples Ltd, a company registered in England and Wales with company number 12863736 and registered office at 131 Finsbury Pavement, London, EC2A 1NT.
   You can contact us by email at [email protected]. If we need to contact you, we will use the contact details you provide when placing your order.
2. The Products we sell
   The Products available for purchase under these Terms of Sale are:
   Pangea – a Kontakt instrument
   The Abyss – a Kontakt FX sampler
   Both Products require a compatible version of Native Instruments Kontakt to operate. It is your responsibility to ensure your system meets the technical requirements set out on the Site before purchase.
3. Placing an order
   When you place an order through the Site, you are making an offer to purchase the Product on these terms. We will confirm acceptance of your order by sending you an order confirmation email, at which point a contract will come into existence between you and us.
   If we are unable to accept your order, we will let you know and will not charge you. This may happen because of unexpected limits on stock or availability, an error in the price or description of the Product, or because we are unable to meet a delivery deadline you have specified.
   You are responsible for providing accurate information when placing an order, including a valid email address for delivery of the Product and any communications relating to it.
4. Price and payment
   The price of the Product is the price shown on the Site at the time you place your order. Prices may change from time to time, but changes will not affect orders we have already accepted.
   Prices exclude VAT unless stated otherwise. VAT will be added at the applicable rate where required.
   Payment must be made in full at the time of order. We accept the payment methods shown on the Site at checkout.
5. Delivery
   The Product is delivered as a digital download. Once your order has been accepted and payment has cleared, we will provide download instructions by email or through your account on the Site.
   You are responsible for downloading the Product within any time period stated and for keeping a secure backup. We may, but are not obliged to, make further downloads available if a file is lost.
6. Refunds and your right to cancel
   Digital content delivered electronically is generally non-refundable once the download has commenced. By placing an order and proceeding to download, you acknowledge that this may affect your statutory right to cancel under consumer law.
   If you are a consumer (acting wholly or mainly for purposes outside your trade, business, craft or profession) you have rights under the Consumer Rights Act 2015. These rights are not affected by these terms.
   Under the Consumer Rights Act 2015, digital content must be as described, fit for purpose and of satisfactory quality. If the Product is faulty or not as described, you may be entitled to a repair or replacement. If the fault cannot be fixed, or has not been fixed within a reasonable time and without significant inconvenience, you may be entitled to some or all of your money back.
   If a fault in the Product damages your device and we have not used reasonable care and skill, you may also be entitled to a repair or compensation.
   To exercise any of these rights, please contact us at [email protected].
7. Licence to use the Product
   Purchase of the Product does not transfer ownership of any sounds, recordings, programming or other intellectual property to you. You are granted a licence to use the Product in accordance with the EULA, which is available on the Site and which you accept when you purchase, download or install the Product.
   If there is any conflict between these Terms of Sale and the EULA in relation to your use of the Product, the EULA prevails.
8. Our liability
   We will provide the Product with reasonable care and skill.
   Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.
   Subject to the paragraph above, we are not liable for any indirect or consequential losses, including loss of profits, loss of business or loss of data arising out of or in connection with these terms or your use of the Product. Where you are a consumer, this clause does not affect your statutory rights.
9. Personal data
   We process personal data in accordance with our privacy policy and applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018.
10. Changes to these terms
    We may update these Terms of Sale from time to time. The version that applies to your purchase is the version in force at the time you place your order. Where appropriate we will provide notice of changes via the Site or by email.
11. Other important terms
    We may transfer our rights and obligations under these terms to another organisation. You may not transfer your rights or obligations under these terms to anyone else without our prior written consent.
    This contract is between you and us. No other person has any right to enforce any of its terms.
    Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking these terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
12. Governing law and jurisdiction
    These Terms of Sale and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim, save that if you are a consumer and resident in another part of the United Kingdom you may also bring proceedings in your local courts.
13. Contact us
    If you have any questions, complaints or concerns about a Product or these Terms of Sale, please email us at [email protected].