Website Terms of Use
and
Terms and Conditions of Sale
DEFINITIONS
‘Content’ – means all music, lyrics, text, photographs, video clips, graphics, sound, audio recordings, software and all other content shown on the Website.
‘We, ‘us’, ‘our’ – means Chris Tweedie / Chris Tweedie Music and christweedie.co.uk.
‘Royal Mail’ – means Royal Mail Group Limited.
‘United Kingdom’ – means England, Scotland, Wales, Northern Ireland and the Channel Islands.
‘Terms and Conditions of Sale’ – means these terms and conditions of sale that shall apply to all orders placed for delivery within England, Scotland, Wales, Northern Ireland, Isle of Man and the Channel Islands.
‘Website’ – means the website at www.christweedie.co.uk. ‘Website Terms’ – means jointly (i) the Website Terms and Conditions of Use and (ii) the Website Terms and Conditions of Sale.
‘you’ and ‘your’ – means a user of the Website.
‘User’ – means any third party that accesses the Website and is not either (i) employed by and acting in the course of their employment and (ii) engaged as a consultant or otherwise providing services to and accessing the Website in the provision of such services.
INTRODUCTION TO TERMS OF USE AND TERMS OF SALE
These terms and conditions are between you, the user of the website and us (Chris Tweedie / Chris Tweedie Music), the owner and operator of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website, and on any ongoing or subsequent use thereafter.
If you do not agree to be bound by these terms and conditions you should stop using the Website immediately.
USER REPRESENTATIONS
By using this Website you represent and warrant that:
You have legal capacity and you agree to comply with these terms and conditions.
You are not a minor, that is you are at least 18 years of age.
You will not access the Website through any automated (non-human) means, whether through a “bot” (robot) or script or otherwise.
You confirm also confirm and warrant that will not use the Website for any of the following purposes:
In any way which causes, or may cause, damage to the Website or interferes with any person’s enjoyment of the Website.
In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any law, regulation or governmental order.
Making, transmitting, storing electronic copies of Content protected by copyright without the permission of Chris Tweedie / Chris Tweedie Music.
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
1. All content on the Website, unless uploaded by users, is the property of us or our affiliates or other relevant third parties. The content is as defined above under definitions. By continuing to use the Website you acknowledge that such content is protected by copyright and other intellectual property rights. Nothing on this website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the website content without the owner’s prior written permission.
2. You may, for your own personal, none commercial, use do the following:
Browse the Website
Listen to previews of album tracks
Read the lyrics that accompany tracks to albums
Use the Website to purchase tracks / albums for your own personal (non-commercial) and read the lyrics that accompany the tracks.
3. You must not otherwise reproduce, modify, copy, distribute or use for any commercial purpose any Content without written permission of Chris Tweedie / Chris Tweedie Music.
PLACING AN ORDER
To place an order, you must supply us with some compulsory personal information. You warrant that the personal information which you are required to provide is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or use a false name or a name that you are not authorised to use.
We shall use your personal information in accordance with our Privacy Policy.
You must be at least eighteen (18) years old to order goods on the Website and by placing an order you therefore warrant that you are at least eighteen (18) years old.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Website / your account and refuse all current or future use of the Website or part thereof.
PRICES
The prices payable for the goods that you order are clearly set out on the Website and are in GBP pounds sterling, £.
All prices are expressed inclusive of any VAT that is payable at the relevant prevailing rate in the United Kingdom.
Delivery charges are applicable on the goods that you order, you will be informed before your order is accepted.
Prices and offers may vary from time to time and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion and at any time.
The prices for goods on the Website may differ to the prices for the same goods in stores.
PRICING ERRORS
Every effort is made to ensure that the prices shown on the Website are correct. In the unlikely event that an error is made in the price shown on the Website, we will not be obliged to supply the goods to you at the incorrectly stated price. In these circumstances, we shall cancel the order and advise you via email that the order had been cancelled.
For the avoidance of doubt, if the pricing error is obvious and unmistakable and could easily have been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect price.
PRE-ORDER PRICING
Where goods are offered for sale on the Website prior to general release, the price shown for those goods is subject to change. In the event that we reduce the price, we will charge you the lower price. In the event that we increase the price, we will charge you the price that was listed on the Website when you placed the order. In the unlikely event that an error is made in the price shown on the Website, we will not be obliged to supply the goods to you at the incorrectly stated price. In these circumstances, we shall cancel the order and advise you via email that the order had been cancelled.
In the event that you have already paid for a new release which we subsequently reduces in price before the release date, we shall refund you the difference between the original price and the new lower price to the original method of payment.
PAYMENT
Payment for goods and any applicable delivery charges can be made using the following methods of payment; Visa, Mastercard, Maestro, American Express and PayPal.
With respect to all payments made by (i) PayPal and (ii) MasterPass, payment is processed by us at the point the order is confirmed by you. With respect to payments by any other method, payment is processed by us at the point the goods are prepared by us for dispatch, note however that we may prepare pre-orders for dispatch up to fourteen (14) days before the advertised release date on the Website.
If we cannot take payment from you for whatever reason, after three attempts we shall inform you and your original order will be cancelled and you will be requested to submit a new order with updated payment details or an alternative accepted payment method. If the order fails our security measures in relation to payment tendered, the order will be cancelled. We shall have no liability to you for any goods that we cannot subsequently supply (e.g. limited-edition goods) or if the dispatch of pre-release goods are delayed due to your methods of payment failing.
CONFIRMING YOUR PLACEMENT OF AN ORDER
Once you have followed the ordering process on the Website and at the point you click ‘make payment’ you shall have placed an order with us. You will be sent an ‘order confirmation’ email detailing the goods you have ordered. Please note that this does not mean that your order has been accepted. ACCEPTANCE OF YOUR ORDER Completion of the online checkout process does not constitute acceptance by us of your offer to purchase goods from us. Our acceptance of the order will take place only when we are ready to dispatch the goods that you ordered. Your order is an offer to buy goods from us. Nothing that we say or do (including receiving payment from you in accordance with your offer) will amount to an acceptance of that offer until we confirm that the goods are being dispatched.
CONTRACT CREATION
There will be no contract between you and us unless and until you receive confirmation from us by means of an ‘order dispatch’ email that confirms that the goods you have ordered have been dispatched. At that point (and not before), a contract will come into existence between you and us, for the sale by us, of the ordered goods. At any point up until then, we may decline to supply the goods to you.
If your order is dispatched in more than one package, you shall receive confirmation from us in relation to each package dispatched and each dispatch shall be concluded as a separate contract of sale between you and us.
AVAILABILITY
If we cannot supply you with the goods you have ordered for whatever reason, we will not process your order and will inform you of this via email and, if you have already paid for the goods, refund you as soon as reasonably possible by way of refund to the original method of payment and including refund of any relevant refundable delivery cost charges. We shall have no liability to you other than refunding any and all monies paid by you to us for the goods we cannot supply.
DELIVERY
We shall arrange delivery of the goods to the delivery address in the United Kingdom that you nominate when you place the order. Goods may be dispatched and arrive separately with no additional postage charges incurred by you.
Delivery shall be made as soon as possible after your order is processed but in any event within fourteen (14) days of us sending you an ‘order dispatch’ email.
Selected orders for delivery to a nominated address are available for delivery using the Royal Mail ‘Track and Trace’ service and where available these options are shown when placing an order. The ‘Track and Trace’ service is provided by Royal Mail and is subject to the terms and conditions of the service in effect at the time the order is placed. When using a tracked service, your details shall be shared with Royal Mail in accordance with our Privacy Policy.
If you are not available to receive the goods when they are delivered by Royal Mail, they may be returned to the local sorting office or they may be left with a neighbour unless you have chosen to opt- out from the Royal Mail’s Delivery to Neighbour scheme.
Where the goods have not been received at the nominated delivery address following a period of fourteen (14) days since the ‘order dispatch’ email has been sent by us and your account on the Website shows that the goods have been dispatched, you must contact Royal Mail to ensure that the goods are not waiting at a sorting office for collection. If Royal Mail cannot locate the goods, you must promptly contact us to advise us of non-delivery and in any event, you must contact us no later than sixty (60) days from the date the ‘order dispatch’ email was sent and your account was updated to show that the goods had been dispatched. We shall not be obliged to investigate any claims or process any refunds for non-delivery of goods reported to us after this timeframe.
We shall use our reasonable efforts to ensure that pre-orders for new releases are processed for delivery to a nominated delivery address on the advertised release date but we are under no obligation to do so.
We reserve the right to change the advertised release date for new releases at our discretion, in which case the order confirmation becomes the effective date of the contract for us to supply you with the pre-ordered goods.
Digital downloads
Digital download items are files that will be available to download immediately after purchase.
No physical items will be sent.
The file will be sent as a ZIP file containing MP3, JPEG and PDF file formats (unless otherwise stated). Other audio formats can be made available upon request. Please use our contact page if you require alternatives.
Due to the digital nature of files, all sales are final and no refunds will be given.
Please check to make sure your device has the ability to use one of the offered file formats before purchasing.
Digital download files cannot be resold or redistributed without express written consent of Chris Tweedie.
Purchasing a file from Chris Tweedie does not transfer rights to the buyer. Copyright for each cut file belong to Chris Tweedie.
RISK
Risk of loss and damage of the goods passes to you on the date and time when the goods are delivered to the nominated delivery address.
DELAY
Where the supply of goods is delayed or prevented for reasons beyond our control we will be under no liability to you for such delay.
MULTIBUYS
Goods that are advertised on the Website as part of a multibuy promotion (e.g. 2 CDs for £10) shall each be dispatched as soon as they are available. In the event that we are unable to supply any individual component of the multibuy order within a reasonable time, the order for the individual item(s) we are unable to supply shall be cancelled and in the event that you have paid for the goods we cannot deliver, we shall refund you the value of the goods we cannot supply to the original method of payment.
ORDER CANCELLATION
You may cancel your order at any time before it is processed by emailing us at christweedie.co.uk in the Contact Us section of the Website.
If the goods have not been dispatched and we have sufficient time to prevent dispatch, we will not process payment or dispatch the goods. In the event that you cancel your order too late for us to prevent dispatch, or after the goods have already been dispatched, you can refuse to take delivery so that the ordered goods are returned to us and, provided that you have not opened or damaged the ordered goods, we will refund the price paid to the original method of payment.
You are entitled to cancel your contract of an order (or part order) (under the Consumer Rights Directive 2011/83/EC) if you wish, provided that you inform us of your intention to cancel no longer than fourteen (14) days after the day on which you receive the goods.
If you decide to cancel your order (or part of an order) you should contact us via the Contact Section of the Website at christweedie.co.uk to advise us of your intention to cancel including details of the order (or part of an order) you wish to cancel and your name and address. Regardless if the goods were delivered to a nominated delivery address, you should return the goods to us and at your cost within fourteen (14) days from the date you advise us you wish to cancel the order (or part order) to Chris Tweedie Music, Bowerhill, SN12 6XS, after contacting us to advise us of your intention to cancel an order (or part order), you do not return the goods to us within fourteen (14) days from the date you informed us you wish to cancel the order (or part order), you will be deemed to have accepted the goods.
CONDITION OF RETURNED GOODS
You must take reasonable care of the goods whilst they are in your possession and such goods must be unused and returned in the original packaging and in the same condition as they were when received by you. Any security seals must be unbroken.
In the case of media goods (including but not limited to; compact disc or vinyl), any shrink-wrap and/or any other packaging must be intact.
In the case of merchandise goods (including but not limited to; pop vinyl, mugs and bags), you may examine the goods as you would in a shop, but you must not use them. If the goods are encased in plastic blister packs or sealed packaging, these goods must be returned unopened and with the packaging intact. Where goods are able to be opened without breaking any seals, care must be taken not to damage any packaging. Goods must be repackaged in exactly the same way as they were when they were received by you.
In the case of clothing, the clothing may be worn only for as long as is absolutely necessary to ensure that the clothing is suitable. All clothing must be returned in the same clean and folded condition that they were in when they were received by you and any labels that were on the clothing must still be attached.
FAULTY AND DAMAGED GOODS
If you receive goods from us that are damaged upon delivery or have a manufacturer’s fault, you must contact us at the Contact section of the Website at christweedie.co.uk, including details of the order, the damage or fault and your name and address. Do not return the goods unless you have been instructed by us to do so.
RETURN OF GOODS CARRIAGE
If you choose to return any goods to us (including under your right to cancel), we shall not be responsible for any loss or damage to the goods while in transit and, for this reason, we recommend that you use a special delivery service. If returned goods are lost or damaged in transit, we reserve the right to charge you (or not to refund any monies attributable to you) for such loss or damage.
You are responsible for all costs to return goods to us unless we advise you otherwise via email.
Returns address:
Chris Tweedie Music
48 Locking Close
Bowerhill
Melksham
Wiltshire
SN12 6XS
REFUNDS
Once the goods are returned to us we shall refund to you, by the method that you used to pay for the original transaction, the amount in relation to the goods which the cancellation rights apply and within fourteen (14) days from the date we receive the returned goods. If you choose to return all the items in your order, this includes refunding the cost of delivery at our least expensive standard delivery only. If you paid any delivery charges outside of our least expensive standard method of delivery, we shall not refund these costs.
If you are not returning all the items in your order, the initial delivery cost will not be refunded to you.
WARRANTY
All goods purchased through the Website will correspond with their relevant description on the Website, and they will be of satisfactory quality and fit for non-commercial, domestic use. We do not make any other promises or warranties about the goods.
This warranty does not apply to any defect in the goods arising from:
fair wear and tear
wilful damage
abnormal storage
accident
negligence by you or a third party
if you fail to use or operate the goods in accordance with the usual usage for such goods or follow user instructions.
MANUFACTURER’S GUARANTEE
Where applicable, some of the goods may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, you should refer to the manufacturer’s guarantee which is supplied with the goods. A manufacturer’s guarantee is in addition to, and does not affect your statutory rights.
PASSWORD / ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
LIABILITY LIMITATION
Force Majeure: We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
Our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).
We accept no responsibility for any loss or damage caused by us (or our employees, agents or subcontractors) where such loss is:
not a foreseeable result to both you and us (as at the time that you submit your order) of a breach of the relevant legal duty by us
related to a business
related to loss or damage to premises or property unless caused by our negligence or wilful misconduct.
The above limitations on our liability do not affect your non-excludable statutory rights as a consumer.
You are responsible for the use of the goods that you obtain from us. We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the goods in countries outside the United Kingdom.
Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.
TRANSFER OF RIGHTS
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions or any part of any provision should the terms and conditions be varied in future and no third party will have any right to enforce or rely on any provisions of these terms and conditions.
INVALIDITY/SEVERANCE
If any part of these Website Terms is deemed unlawful, void or for any reason unenforceable (including any provision in which we exclude our liability to you) then that provision shall be deemed to be severable from the Website Terms and shall not affect the validity and enforceability of any other part of the Website Terms and Conditions.
WAIVER
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
OTHER LEGAL NOTICES
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.
COMPLAINTS
We operate a complaints handling procedure which is used to resolve disputes when they first arise. If you have a complaint, please write to: Chris Tweedie Music at the Contact section of the Website.
GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any dispute between us. By accessing this Website, you agree to submit to English law. All contracts and correspondence shall be conducted and concluded in English.
ENTIRE AGREEMENT
These Website Terms set out the entire agreement between you and us and supersedes any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
You confirm that, in agreeing to accept the Website terms and conditions you have not relied on any representation save insofar as the same has expressly been made a term of these Website terms and conditions and you agree that you have no remedy in respect of any representation.
These Website terms and conditions do not affect your statutory rights as a consumer within the United Kingdom.
UPDATES TO THE WEBSITE TERMS
We reserve the right to change the Website terms and conditions at any time. Any such change shall take effect when posted on the Website. It is your responsibility to read the Website terms and conditions on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website terms and conditions.
If you do not agree to the Website terms and conditions in their entirety you should not use the Website.
