1.1. These terms of sale (“Supply Terms”) govern your relationship with The Rock Box Record Store when you use this webstore (the “Webstore”). The Rock Box Record Store and The Rock Box are trading names of Rock Box Records Limited. Wherever you see “The Rock Box Record Store”, “The Rock Box”, “we”, “our”, “us” on the website or in any of the terms and conditions, this means Rock Box Records Limited and any of its associates, subsidiaries or any parent company (including the ultimate parent company) and any subsidiary of any such parent company for the time being. From time to time we may use the services of third parties to assist us in the provision of this Webstore, however unless otherwise stated, the Services are provided to you by Rock Box Records Limited.
1.2. By purchasing Products or Services via the Webstore, you accept and agree that your use of this Webstore and any purchase you may make is subject to these Supply Terms. If you do not agree to these Supply Terms, you should not use the Webstore. You should print a copy of these Supply Terms for future reference.
2. OUR CONTRACT WITH YOU
2.1. After you have placed your order, we will email you to confirm whether or not we have accepted your order. If we confirm that we have accepted your order and you receive a Dispatch Confirmation (see Section 10.4 below), a contract will come into existence between you and us (“Contract”). We will not accept your order until payment for the order has been confirmed.
2.2. If you want to make any changes to your order please get in touch. If the change you have asked for is possible (and subject to the other provisions of these Supply Terms, including Section 12 and 13 below) we will let you know about any changes we need to make to the price of the order, the timing of delivery or anything else which is different as a result of the change. We will also check whether you want to go ahead with the order on this basis.
3. CHANGES TO THESE SUPPLY TERMS
3.1. We may make changes to these Supply Terms from time to time, which will be effective when posted on this Webstore. We may not notify you directly/personally of changes to the Supply Terms and so we encourage you to check the Webstore regularly for any updates. Your continued use of this Webstore following the posting of changes will mean you accept those changes.
3.2. You will be subject to the Supply Terms in force at the time that you order Products or Services from us, unless any change to these Supply Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
4. WEBSTORE CONTENT
4.1. The Webstore (including without limitation) all trade marks, music recordings, lyrics, audio and audio visual clips, digital downloads and all content, text, graphics, logos, button icons, images, data compilations, and software accessible via the Webstore (“Content”) are owned and controlled by or licensed to Rock Box Records Limited, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of Rock Box Records Limited or such affiliates, licensors and/or licensees.
4.2. Unless otherwise specified, the Content is the property of Rock Box Records Limited, or its suppliers, and are protected by UK and international copyright, trade mark and other relevant intellectual property and proprietary rights laws.
4.3. Unless otherwise specified, this Webstore, and Content are for your personal and non-commercial use only. Rock Box Records Limited is not liable for any business losses.
4.4. You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the 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.
5. SYSTEM REQUIREMENTS
Purchases via the Webstore require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.
6. YOUR USE OF OUR WEBSTORE
6.1. In respect of your use of the Webstore, you may not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b) exploit any Content, information or other material obtained on or through this Webstore for commercial purposes;
(c) attempt to gain unauthorised access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore; or
(d) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore or the Contents or the Services.
7. YOUR USE OF OUR SOFTWARE
7.1. Software used to provide the Products and Services (“Software”) is owned by or licensed to us, our affiliates or our software suppliers. All rights in the Software are the sole and exclusive property of Rock Box Records Limited or our suppliers. You may use the Software only for the purpose of using the Services in accordance with these Supply Terms and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:
(a) use the Software to transmit any content (including the Content) to Rock Box Records Limited or to anyone else;
(b) sell or otherwise distribute any part of the Software;
(c) modify, adapt, translate or reverse engineer any part of the Software;
(d) attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised;
(e) use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
(f) use the Software for any commercial purpose.
8. REGISTRATION AND PASSWORDS
8.1. If a particular Service requires you to register with the Webstore or set up an account, you will need to complete a registration process by providing certain information (including your 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 and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
8.2. 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 authorised by you, and whether or not such person or entity is your employee or agent.
8.3. You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
8.4. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Supply Terms. You may not use another persons account at any time without the express permission of the account holder.
8.5. You are responsible for ensuring that the information we hold is up-to-date. Please amend your details as appropriate from time to time or email email@example.com to notify us of any changes.
9. OUR PRODUCTS AND SERVICES
9.1. Our Webstore may allow you to purchase physical products (the “Products”)
9.2. If we decide to offer any additional Products or Services in the Webstore, such future Products or Services will also be covered by these Supply Terms unless explicitly stated otherwise.
9.3. You should ensure that your computer meets the minimum technical requirements for the Services (as may be specified on the Webstore from time to time). You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant Services. Terms and conditions provided by the software supplier may apply to your use of the software.
9.4. You may need to register with the Webstore before using the Services.
9.5. By placing an order through our Webstore, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
9.6. 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 Supply Terms on your behalf.
10. MAKING AN ORDER
10.1. Follow the onscreen instructions on the Webstore to make an order.
10.2. Items which you select for purchase will automatically be placed in your shopping basket (“record bag”). To remove an item from your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in your basket.
10.3. Once you have pressed the “checkout” or similar button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).
10.4. You will receive an order summary confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order – this doesn’t mean that your order has been accepted. Your order represents an offer to us to purchase a particular item which is accepted by us only when we send you an email (“Dispatch Confirmation”) confirming that particular Product has been dispatched.
10.5. All orders are subject to acceptance & availability. All titles listed on our site are either in stock in the shop or, to the best of our knowledge, are available from one of our suppliers.
(a) If we need to order the title in from our supplier, this may add additional days to the order process which are dependent on the individual supplier’s turnaround time. If something you’ve ordered is out of stock or otherwise delayed, we will notify you as soon as we have further information. You may then amend your order if you choose or wait until all items are available for us to dispatch.
(b) If we discover that any of the titles you have ordered are in fact deleted or otherwise unavailable, we will email you as quickly as possible & credit you for the relevant title. Any other titles in your order will be sent & charged as normal.
10.5. Pre-orders: We do not allow you to mix pre-orders with standard back catalogue stock and each pre-order item will be treated as a separate order. However, if the webstore has previously allowed (or now erroneously allows) you to mix pre-orders together which have different release dates, the webstore will consider them as one order and calculate postage accordingly. If that is the case, we will hold your order until all titles are available to send out.
10.6. We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a refund in accordance with our refund policy set out in Section 13.
11.1. We can accept payment by Credit & Debit Cards (Visa, Visa Debit, Visa Delta, Visa Electron, Visa Connect, Mastercard, Maestro and American Express); Record Tokens (issued by Book Tokens Limited) & BACS transfer for payment. Prices appear on the Webstore and are inclusive of VAT unless otherwise stated. We may change the prices for Products and Services at any time by posting new prices in the Webstore.
11.2. By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
11.3. Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to your payment details being taken.
11.4. It is always possible that, despite our best efforts, some of the items listed on our Webstore may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a Product or Service’s correct price is less than our stated price, we will charge the lower amount. If a Product or Service’s correct price is higher than the price stated on our Webstore, we will usually, at our discretion, either contact you for instructions or reject your order and notify you of such rejection. We are under no obligation to provide the Product or Service to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
11.5. Billing to your credit or debit card and / or Record Tokens will take place at the time of your purchase.
11.6. Rock Box Records Limited may use a third party service provider to process payments, but will ensure that any payment processor engaged by Rock Box Records Limited will use security to encrypt credit or debit card data.
12. CANCELLATION, DELIVERY AND USAGE RULES
(a) You may cancel your purchase of physical products at any time within 14 days for any reason, beginning on the day after you receive the Product(s). In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy set out in Section 13 below. For clarity, where your order was for Products of a “hybrid” nature (e.g. a physical product and digital content) and we have begun the process of delivering your digital content order or you have already accessed your digital content, we will process a partial refund proportionate to the relevant physical element of the order in accordance with our cancellation policy as set out in this Section 12.1. Where you order multiple items that are delivered in separate batches, your 14 day cancellation period does not begin until the day after the last item has been received by you.
(b) To cancel, you must inform us clearly. We recommend the best way to do this is by emailing firstname.lastname@example.org. Please return the Product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the Product while it is in your possession. If you fail to do so, we may have a claim against you for compensation. You may, but are not obliged to, use the form of cancellation attached as a Schedule to these Supply Terms to notify us of your cancellation.
(c) Details of our refunds policy can also be found at Section 13.
(d) This right to cancel does not apply:
i. where vinyl records, CDs and/or DVDs (or other such audio or audio-visual Products) have been unsealed;
ii. where the Product has been made to your specification;
iii. to digital content which has been downloaded or streamed (see Section 12.1 above); or
iv. where the Product, by reason of its nature, cannot be returned.
(e)Your statutory rights are unaffected by Section 12.1 (d) above.
We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period & we will contact you to arrange an alternative time.
12.3. Risk and Title
Products purchased will be your responsibility either from the time of delivery to the address you gave us or the time of collection from us. You own the Products only once we receive payment in full for the Products, including delivery charges.
13. RETURNS & REFUNDS POLICY
13.1. If you cancel your purchase of Products within the 14-day cooling-off period detailed in Section 12.1 above, we will process the refund due to you as soon as possible and, in any event, within 14 days of the day we receive the returned Product or, if earlier, within 14 days of you providing evidence of having sent back the Product. In this case, we will refund the price of the product in full (excluding postage), provided that you have taken reasonable care of it. 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 us.
13.2. If you seek to cancel your purchase because you claim that the Product is defective or that there has been damage or error on our part, we will examine the returned Product and will notify you of your refund or otherwise via email within a reasonable period of time.
13.3. In the event that we have to cancel your order after payment has been taken, we will notify you of our need to cancel your order and supply you with a refund as soon as possible.
13.4. 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 us.
13.5. We reserve the right to not process returns sent to us without prior permission or returned damaged.
13.6 When returning items to us, you will need to take reasonable care to ensure they are not damaged in transit & that they are labelled clearly with the correct address & reference number (as provided by us): Rock Box Records Limited, Website Returns, 34 Obelisk Way, Camberley, Surrey, GU15 3SG.
13.7. We will always make any refund using the same method originally used by you to pay for your purchase unless you expressly agree otherwise. Where Record Token(s) were used as full or part payment, the refund will be made first to Record Tokens. Should you no longer have the Record Token you used to pay for some or all of your order, we will refund to a new virtual card and send you the card number and PIN to the email address on your order. We will not send a physical card.
14. CANCELLATION BY US
14.1. We reserve the right to cancel the contract between us if:
14.1.1. We have insufficient stock to deliver the goods you have ordered;
14.1.2. We do not deliver to your area; or
14.1.3. One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2. If we do cancel your contract we will notify you by e-mail & will re-credit to your account any sum deducted by us from your payment method(s) as soon as possible.
15. IMPORT DUTY
Products or Services ordered from our Webstore for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
16. UNDELIVERED PACKAGES
16.1 If a package is returned to us as an unsuccessful delivery due to an incorrect address being provided, it not being collected from the local delivery company office or for any other reason beyond our control, you will be expected to pay the additional postage for redelivery.
16.2 If you decide not to pay for re-delivery, then we will consider that you have cancelled your order as per Section 13.1 of our Returns & Refunds Policy.
17.1. We may, in our sole discretion, terminate your password, account (or any part thereof, if any) or use of this Webstore without notice if you are in breach of these Supply Terms or if we believe in our absolute discretion that your use of the Services or the Content or the Software is unsuitable.
17.2. Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.
17.3. Upon termination, all rights granted to you under these Supply Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with Products or Services which you have purchased from this Webstore).
18.1. We warrant to you that any goods purchased from us through our Webstore are of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
18.2. In relation to our supply of Products or Services via this Webstore our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Supply Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (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.
18.3. We shall not be liable for any damages of any kind arising from the use of the Products or Services, including but not limited to direct, indirect, incidental, and consequential loss, including lost profits, goodwill, or any other intangible loss, even if we has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you and instead we 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 consequential loss, even if we has been advised of the possibility of such loss.
18.4. You agree to indemnify Rock Box Records Limited, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, or arising out of or related to your breach of these Supply Terms, misuse of the Products or Services, or your violation of any applicable law, rule, regulation or third party right.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
19.1. The Contract is binding on you and us and on our respective successors and assigns.
19.2. You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3. We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for our obligations under the Contract where applicable.
20. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Supply Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
21. RESOLVING DISPUTES BETWEEN US
We hope we are able to help you with any queries or complaints you have with the services and goods we provide. Email us on email@example.com with any issues.
22.1. These Supply Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms between you and us.
22.2. The rights and remedies provided in these Supply Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
22.3. No breach by either you or us of any provision of these Supply Terms shall be waived or discharged except with the express written consent of the other.
22.4. No failure or delay by either you or us in exercising any right, power or privilege under these Supply Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us 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 privilege.
22.5. These Supply Terms shall be binding on and endure for the benefit of each party’s successors in title.
23. GOVERNING LAW AND JURISDICTION
23.1. These Supply Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these Supply Terms.
23.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Products or Services are destined. We will not be liable for any breach by you of any such laws.
24.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Webstore, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Webstore. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide 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. This does not affect your statutory rights.
24.2. All notices given by you to us must be given to us at the address set out below or email address firstname.lastname@example.org. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Webstore. Notice will be deemed received immediately when posted on our Webstore, 24 hours after an email is sent, or 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 addressee.
24.3. If you have any queries about these Supply Terms, this Webstore or any of our Services please contact: email@example.com
24.4. Our registered address is:
Rock Box Records Limited
34 Obelisk Way
Camberley, Surrey, GU15 3SG
24.5. Our registered company number is 11417648
24.6. Our registered VAT number is GB 298 5166 50
(Complete and return this form only if you wish to withdraw from the Contract)