Last updated: 29/10/2014
The following terms and conditions (the “Transaction Terms
”) govern all Products (as defined below) and all purchase of such Products (each such purchase, a “Transaction”
) in connection with this site (the “Site
Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to these Transaction Terms, which shall apply regardless of how you access the Site (including through the Internet, through a mobile network or otherwise).
- All rights in any products that we make available through the Site, such as:
- CDs, DVDs, vinyls, other tangible forms of audio and/or audiovisual recordings and merchandise such as posters, books and clothing (“Physical Products”); and
- audio and/or audiovisual digital downloads, ringtones, images (e.g. screen savers), artwork, software and other non-physical copyrightable materials (“Digital Products”),
collectively the “Products”, are owned by us, our affiliates and/or our (or their) licensors.
- You may only use those Products that you purchase or access through the Site solely for your personal, non-commercial use in accordance with these Transaction Terms and any other terms and conditions that may apply to such Products.
- In respect of Digital Products, upon payment of the applicable purchase price, we grant you a non-exclusive, non-transferable licence to use the Digital Product(s) for your own personal, non-commercial use in accordance with these Transaction Terms.
- You understand that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set out in clause 9 below.
- Descriptions and images of, and references to, Products on the Site do not imply our endorsement of such Products. Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to (i) change such descriptions, images, and references; (ii) limit the available quantity of any Product; (iii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; (iv) bar any user from making any or all Transaction(s); (v) refuse to provide any user with any Product; and/or (vi) refuse or cancel any Transaction for any reason prior to our acceptance of such Transaction pursuant to clause 3 below.
3.Placing an Order
- If you wish to make a Transaction you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address and your shipping information.
- By initiating a transaction, you represent and warrant that:
- you are legally capable of forming a binding contract with us
- where a particular Product is subject to a legal age classification, you are of the required legal age; and
- you have the legal right to use the payment means selected by you.
- Without prejudice to any other provision of this Agreement we may decline to make a sale at our discretion including, without limitation, in respect of any country upon which an embargo or sanctions have been imposed by any governmental or regulatory body to which a Warner Music Group Company is subject.
- Immediately prior to placing an order with us, you will be required to acknowledge that you have reviewed and agreed to these Transaction Terms. By affirming your agreement, you are accepting the terms and conditions of sale set out in these Transaction Terms or any other terms and conditions that may apply to the relevant Products. Upon clicking ‘Place Order’ or ‘Download Now’ you are acknowledging that you are under an obligation to pay the full price of the Product (including any delivery charges as set out in the ‘Order Review’) in accordance with clause 4.
- In respect of Physical Products, your order represents an offer to us to make a purchase, which offer is accepted by us only when you receive confirmation from us that the Product(s) has been dispatched (the “Dispatch Confirmation”). We may reject or cancel any Transaction for any reason prior to our acceptance of such Transaction.
- In respect of Digital Products, a contract will only be formed between you and us once we have received full payment for the Product and we make the Product available for download. Until we make the Product available for download, we reserve the right to cancel the Transaction.
- Once we have made the Product available for download neither you nor we may cancel the Transaction. By clicking ‘Place Order’, having accepted these Transaction Terms, you acknowledge and consent that the download shall be made available to you immediately (except in respect of pre-orders) and that you will not have the right to cancel the Transaction in accordance with the terms of clause 6 below. Once we have processed your order we will send you confirmation by email of your acknowledgement and consent.
- You may cancel any Digital Product(s) that you have purchased as a pre-order at any time before the release date of the relevant Digital Product by following the applicable procedure set out in clause 6.2.
4.Price & Payment
- The price and availability of any Product offered through the Site are subject to change without notice.
- If applicable, Product prices on the Site will be inclusive of VAT unless we expressly provide otherwise.
- You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).
- Despite our best efforts, it is possible that a Product may be incorrectly priced. If the correct price of the Product is less than our stated price, we will charge you the lower amount when dispatching the Product to you. If the correct price of the Product is higher than our stated price, we will contact you to tell you and ask for your instructions.
- Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are non-refundable, except as otherwise expressly set forth in these Transaction Terms. We or our third party designees will inform you if all or any portion of your order is cancelled or if additional or different information is required to accept your order.
6.Cancellations and Returns
- Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product.
- Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within thirty (30) days of your order being placed will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion.
- We will endeavor to process Transaction(s) within forty-eight (48) hours of your order being placed and, if you are based within Europe, you should receive any Product(s) that you order within seven (7) working days thereafter. Those based in (i) USA/Canada should expect to receive their Product(s) within twenty-one (21) working days and (ii) all other countries should expect to receive their Product(s) within thirty (30) days. If we anticipate a delay in delivering a Product to you, we will seek to notify you by email of the estimated delivery date(s), and we will give you the option to continue with your order or request a full refund.
- Subject to clause 1.3, ownership of the physical Product(s) will pass to you on delivery provided that we have received the required payment in full. You will be responsible for the Product(s) once it is delivered to you.
- We are not responsible and will not be liable for non-delivery of any Product if you have entered your address incorrectly.
- In respect of Physical Products, you have a right to cancel your Transaction without giving any reason at any time within thirty (30) days, beginning on the day you receive the Products or, in the event that you have purchased multiple Products on the same order, each of which will be delivered at different times, beginning on the day you receive the last Product. Tickets, magazines, periodicals and, as set out in clause 3.4 above, Digital Products (excluding pre-orders, in accordance with clause 3.5) are non-refundable and non-exchangeable.
- To cancel a Transaction under this clause 6, you must notify us of such cancellation, in a clear statement, by:
- Except as otherwise expressly set out in this clause 6, if you cancel your Transaction in accordance with the terms and conditions of these Transaction Terms, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the standard delivery offered by us).
- If we receive valid notification of your cancellation before your Product(s) has been dispatched, we will not dispatch the Product and will make the reimbursement without undue delay and no later than fourteen (14) days after the day on which we are informed about your decision to cancel the Transaction.
- If we receive valid notification of your cancellation after your Product(s) has been dispatched or after you have received the Product(s), you must return the Product(s) unopened (i.e. in original sealed packaging) and undamaged to us no later than thirty (30) days after the day on which we receive your valid cancellation notice. We will make the reimbursement without undue delay and not later than (i) 14 days after the day we receive the Product back from you or (ii) (if earlier) 14 days after the day you provide evidence that you have returned the goods.
- Returned Products will be deemed to have been received by us on the date that is two (2) days (not including Sundays and public holidays) after the post-mark date applicable to such returned Products. We will not be responsible for any costs you incur in returning any Product(s) to us.
- The address for return Products is as follows:
Windrush Park Road
Oxfordshire, United Kingdom
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise with us; in any event we will not charge any fees as a result of the reimbursement.
- If you fail to comply with the return obligations described in these Transaction Terms, we will be entitled to deduct from any refund the direct cost of recovering the unreturned Product(s). We may also make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. Please note that if such cost is greater than the total refund amount, then no refund shall be given. All refunds will be processed at our sole discretion according to the condition of the returned Product(s).
- You will have no right to cancel the Transaction if you have opened or unsealed the packaging of the Product(s) (including any audio or video recordings or computer software).
- In the unlikely event that you receive a defective physical Product, provided that you return such defective physical Product to us within thirty (30) days following your receipt of such Product, we will (on your election) either send you a replacement physical Product or provide you with a full refund.
- We will cover the cost of delivery of any defective physical Product returned by you up to the value of standard Royal Mail first class postage.
9.Usage Restrictions for Products
- To the extent permitted by applicable law, our liability to you is strictly limited to the greater of (i) the purchase price of the relevant Product(s) affected or (ii) one hundred pounds sterling (£100).
- We will not be liable to you for failures, defects or delays in delivery caused by:
- your provision of incorrect or outdated information;
- your mobile handset being incompatible with the Site;
- your mailbox being full;
- your handset having limited signal;
- your failure to comply with instructions for use of the Site; or
- any event which is outside of our reasonable control.
- We will not be liable to you for any losses which are not a foreseeable result of any breach of these Transaction Terms by us.
- Nothing in these Transaction Terms shall operate to exclude or restrict either our or your liability for:
- death or personal injury caused by either our or your negligence; or
- fraud including fraudulent misrepresentation and fraudulent concealment.
10.Product Requirements & Compatibility
- All Products you purchase or obtain on or through the Site are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software.
- Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivatives of them to the Internet.
- You may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other products (e.g. to provide sound for video).
- You may not transfer, sell or offer to sell the Digital Products, including, without limitation, posting any Digital Product for auction on any Internet auction site or “trading” the Digital Products for money, goods or services.
- You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for Products, including any rights for uses that require a synchronization or public performance licence with respect to the underlying musical composition.
- For further details on usage restrictions on Digital Products, please see our FAQs.
- You acknowledge that use of our Products requires other hardware and software tools (e.g. in the case of full permanent audio downloads, for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software, including, without limitation, all charges therefor, are your sole responsibility. For further details on software/hardware requirements and troubleshooting, please see our FAQs.
- To the extent permissible under applicable law, we, our affiliates and our (and their) artists and associates shall not be responsible or liable for the loss or damage of any Product.
- Except to the extent prohibited by applicable law, we reserve the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy and/or use or limit the use of any Products.
- THIS SITE AND ALL PRODUCTS, ARE PROVIDED ON AN ‘AS-IS’ BASIS AND WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE PRODUCTS WILL FUNCTION IN ANY MANNER.IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, HARDWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS.
- Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights or those of any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product.
12.Queries or Complaints
- We have the right to revise and amend these Transaction Terms from time to time. You will be subject to the terms and conditions in force at the time that you make your Transaction unless any change to those terms and conditions is required by law or governmental authority or if we give you reasonable notice of any changes before we send you confirmation of your order in which case we may assume your acceptance of such changes unless you notify us to the contrary within thirty (30) days of your receipt of the confirmation of your order.
- If we fail to exercise any right or remedy available to us under this agreement or by law, that shall not constitute a waiver of that or any other right or remedy.
- Neither you nor we shall transfer, assign or license any of your rights or obligations arising under these Transaction Terms, provided that we may sub-contract our obligations to a third party.
- If any provisions of these Transaction Terms are invalid or unenforceable by operation of law, the invalidity or unenforceability of such provisions shall not affect the other provisions of these Transaction Terms.
- A person who is not a party to these Transaction Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Transaction Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
- These Transaction Terms and any document expressly referred to in them in relation to the subject matter of any Transaction contain the entire agreement between us.
- These Transaction Terms and any matters arising in connection with these Transaction Terms (including without limitation any non-contractual obligations) shall be interpreted in accordance with the laws of England.
- We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales which means that you bring a claim to enforce your consumer rights in connection with these Transaction Terms in England and Wales or the EEA country in which you live.
- These Transaction Terms have been drafted in accordance with applicable UK legislation. To find out more about your legal rights, please contact the Citizens Advice Bureau or the Trading Standards Institute.
If you have any queries or complaints regarding your Transaction, please feel free to contact us by writing to us at:
Windrush Park Road
Oxfordshire, United Kingdom