Legal Terms and Conditions
1. Validity
1.1 These terms and conditions govern 45-7 Records performance
relating to all contracts, whether written, oral or electronic
for
the sale
and supply of all or any of the goods which from time to
time 45-7 Records offers for sale (“Goods”)
to the customer who purchase such Goods (the “Purchaser”)
and set out the respective rights and obligations of 45-7
Records and the Purchaser.
1.2 45-7 Records reserve the right to amend these terms
and conditions from time to time by updating this text page;
and the Purchaser is bound by the current version of these
terms and conditions at the time that a contract is formed.
2. Contract with Purchaser
2.1 In respect of any Goods offered for sale on the 45-7 Records
website no contract shall be created until 45-7 Records
accepts the Purchaser’s order i.e. when 45-7 Records
emails confirmation of the same including the postage costs
to the Purchaser. 45-7 Records is entitled to withdraw
from
contracts
in the case of obvious
typographical or arithmetical inaccuracies appearing on 45-7
Records web site. This allows 45-7 Records to check
details
of the offer for any mistake in the price of the Goods or
any other typographical error that has a bearing on the contract,
of which 45-7 Records shall be the sole judge.
2.2 Contracts of sale will only be made with Purchasers with
delivery addresses are supplied and all payments are made
in pounds Sterling;
2.3 Contracts may be cancelled at any time before goods are
dispatched by contacting 45-7 Records by e-mail.
3. Pricing and Availability.
The prices of the Goods are those specified on the 45-7 Records
web site. The price, as displayed, is inclusive of VAT (at
the standard UK rate) but excludes delivery to any postal
address and any contract formed is
subject
to availability of the Goods in question. In the unlikely
event that the Goods are unavailable, the Purchaser will
be notified by e-mail and l the
contract will become void. Availability is subject to change
without notice. 45-7 Records reserve the right to
alter any
of its
prices without notice. However, any subsequent change to
the price of particular Goods shall not affect the price
agreed between 45-7 Records and the Purchaser in
terms of a binding contract;
4. Product Specification.
Due to nature of the goods sold, gradings have been made in
order to assist the selection of the records only. No warranty
is given that this truly reflects the condition of the item.
5. Delivery of Goods
5.1 45-7 Records will deliver the Goods ordered to
the delivery address supplied by the Purchaser. All Goods
will be delivered within 30 days provided that payment has
been received in full by 45-7 Records by the date
of despatch of the Goods. Any delivery date specified, although
given in good faith, is intended as an estimate only and
is not therefore to be treated as being of the essence of
the contract or binding on 45-7 Records.
5.2 When delivery cannot be made within the specified period
the Purchaser will be contacted by e-mail and a new delivery
date will be agreed. If agreement is not made on a new delivery
date the Purchaser has the right to a full refund within 30
days of notification of the new date. 45-7 Records
will not be liable to the Purchaser for any loss or damage
(direct or indirect) occasioned by its failure to deliver the
Goods within the time stated [and in no case shall delay be
a ground for rejecting the Goods];
5.3 Orders paid for by cheque require 5 days for clearance
prior to despatch;
5.4 The right to deliver any part or parts of the Goods when
they become available is expressly reserved by 45-7 Records
and these conditions shall apply to any such part or parts
of the Goods.
5.5 The delivery of Goods constitutes fulfillment of contract.
6. Return of goods – Seven Working Day Cooling-Off
6.1 The law allows a period of seven working days where the
Purchaser may cancel the contract. This period begins on
the day after the Goods are received by the Purchaser. The
Purchaser may notify 45-7 Records that they wish
to exercise this right by notifying 45-7 Records
by post, fax or email When the foregoing right to cancel
is exercised by the Purchaser within the foregoing Seven
Working Days Cool-Off period the Purchaser will be responsible
for the direct costs of returning the goods.
6.2 Within 30 days of receipt of your cancellation under the
foregoing Seven Working Day Cool-Off period, 45-7 Records
will refund the purchase price of the Goods minus (if applicable)
the cost of collection of that item from the Purchaser.
6.3 For the avoidance of doubt, in the event that the Purchaser
returns the Goods, the effective date of cancellation of the
contract will be the date on which the return form is sent;
6.4 The Purchaser shall have no right to cancel the contract
where the Goods have been made to the Purchaser’s specifications;
7. Return of goods – Damaged or Delivered in error
7.1 If the goods fail to correspond with their description,
are not of satisfactory quality, or reasonably fit for their
purpose and 45-7 Records is notified in a reasonable
time of the problems customers are entitled to a full refund
[with consideration for relevant associated losses];
7.2 Goods that are damaged or faulty on delivery to the Purchaser
or have been delivered in error can be returned to 45-7 Records
the procedures outlined in clause 6.1. When returning Goods
that are damaged or faulty on delivery to the Purchaser or
have been delivered in error, the Purchaser will not be responsible
for the costs of returning the goods to 45-7 Records;
7.3 At the Purchaser's option 45-7 Records will either
give a full refund or where possible make good or replace any
Goods which are damaged or defective on delivery to the Purchaser.;
8. Mistakes in invoices or payments
Mistakes in invoices or payments connected with 45-7 Records
will be corrected and refunded when applicable, within 30
days of notification.
9. Complaints.
All complaints received by 45-7 Records will be acknowledged
within 5 working days and 45-7 Records will estimate
a time that will be required to investigate and resolve any
complaints. Throughout investigations carried out by 45-7
Records Purchasers will be informed of major events concerning
the
complaint and its outcome. If a Customer has any complaints
or queries they should contact 45-7 Records by e-mail.
10. Guarantees
No warranty is supplied with any of our records.
11. Governing Law and Jurisdiction
Contracts between 45-7 Records and the customer will
be governed by Scottish Law and all disputes will be submitted
to the non-exclusive jurisdiction of the Scottish courts.
12. Intellectual Property
All the information, data, text, graphics, links or computer
code published on, contained or available on this website
(the "Material") are the copyright of 45-7 Records
and its suppliers. Unauthorised use of the Material including
the production, storage, modification, distribution or republication
without the prior written consent of the 45-7 Records
or, where applicable, the respective copyright owner(s) is
prohibited. The names and logos of 45-7 Records and
all related products and service names, design marks and
slogans are the trade names, service marks or trade marks
of 45-7 Records and may not be used without the prior
consent of 45-7 Records.
13. Disclaimer
45-7 Records hereby, to the fullest extent permitted
by law, disclaims all warranties and conditions with regard
to the Material and any goods supplied in relation to this
website, whether expressed or implied or statutory (including
all implied warranties and conditions of the merchant ability
and fitness for a particular purpose). In no event will
45-7 Records be liable for any indirect, punitive, special,
incidental
or consequential damages whatsoever even if 45-7 Records
has been advised of the possibility of damages including,
without limitation, damages for loss of use, data or profits
arising out of or in any way connected with the use or performance
of this website, interruptions or delays to this website,
the provision of or failing to provide services, or for any
information, material and goods obtain through this website
or otherwise arising out of the use of this website, whether
based on contract, delict or otherwise to the fullest extent
permitted by law.
14. Invalidity of Terms and Conditions
If for any reason part of these terms and conditions is unenforceable,
the validity of the remaining terms and conditions will not
be affected.
|