2. OTHER APPLICABLE TERMS & POLICIES
3. INFORMATION ABOUT THE OWNER OF THE WEBSITE
The Website is operated by whynow Music Limited. (“we”, “our”, “us” “whynow Music”). We are registered in England and Wales under company number 11771567 and have our registered office at Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER. You can contact us by emailing us at firstname.lastname@example.org.
“You” “your” are the person who interacts with the Website and/or subscribes to our Paid Subscription Services and/or agrees to buy products on the Website.
4. CHANGES TO THESE TERMS & CONDITIONS
Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to e-mail all of our registered users to make sure that they are informed of such changes. However, it is your responsibility to check these terms before each use of the Website.
5. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
7. DATA PROCESSING
8. LINKS TO THIRD PARTY SITES
As a convenience to users, this website may link to other sites owned and operated by third parties and not maintained by whynow Music. whynow Music has no control over these linked sites, all of which have separate privacy and data collections practices and legal policies independent of whynow Music. whynow Music is not responsible for the contents of any linked sites and does not makes any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
9. YOUR RESPONSIBILITIES
When using this Website and our online communications infrastructure including email and any enquiry forms that we may offer users or add in the future on this Website you agree:
- any information you submit is accurate and truthful and you will keep this information accurate and up to date;
- to keep your username and password secure at all times and to contact us immediately at email@example.com if you have reason to believe that they may no longer be secure;
- that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account / computer;
- to accept responsibility for all activities that occur under your account or password;
- not to use any other user’s identity to log on to or communicate via this Website;
- not to impersonate other people, particularly employees and representatives of whynow Music or our affiliates;
- not to use obscene or vulgar language;
- not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate or to post comments which will constitute a criminal offence or give rise to civil liability on this Website;
- to refrain from using the Website and online communications systems for unauthorised mass-communication such as “spam” or “junk email”;
- not to use the Website to advertise or offer to sell any goods or services for any commercial purpose, or to promote any surveys, contests or chain letters without the express written permission of whynow Music;
- not to post or make available any material which is protected by copyright, trade mark or other proprietary right on this Website without the express permission of the owner of the copyright, trade mark or any other proprietary right and you will be solely liable for any damages resulting from any infringement of the above. If you believe that any materials on this Website infringe your copyright or trademark, you may request that they be removed. This request must be emailed with your name, address and telephone number along with any supporting information. For copyright or trademark issues relating to this Website, please email: firstname.lastname@example.org;
- not to upload to the Website files that contain viruses or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person’s software, hardware or telecommunications equipment;
- to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content on the Website;
- to only use the Website for lawful purposes;
- not to post defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful or otherwise inappropriate comments, or to post comments which will constitute a criminal offence or give rise to civil liability, on this Website;
- to post only comments that are pertinent to the subject matter of the article or content and are relevant and contribute to the conversation;
- not to post comments which are aggressive in tone, or which could be construed as personal attacks against authors or other users; and
- when posting or reading you agree to accept full responsibility for any material you place on this Website.
10. INTELLECTUAL PROPERTY
11. YOUR IDENTITY AND LICENCE
You acknowledge that (except where explicitly stated) materials shared on this Website are not private and can be viewed by everybody who visits the Website, that other users will be able to identify (by username) who has posted each piece of material and that the username (and any profile details they have provided) and that who is logged on to this Website at any given time may be visible to all users. You should log off this Website when you have finished using it to prevent anyone else accessing the Website and using your log-on identity / username. This is particularly important where other people may use the same computer as you, such as in internet cafes. If you do not log off, you may be deemed to be the person viewing or posting material unless you can prove otherwise. We reserve the right to reveal your identity and contact details to third parties if we believe that you may have breached any of these terms and conditions. For your own safety and security, we recommend that you do not publish or otherwise disclose personal information such as your password, credit card number, home address, email address, phone number etc., when using this Website. By posting material on the Website, you grant all other users the right to obtain access to such material and to view, store and reproduce it for personal use.
12. DO NOT RELY ON INFORMATION ON THIS WEBSITE
The content on the Website is provided for entertainment purposes and general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
13. USER-GENERATED CONTENT
The Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us at email@example.com
You acknowledge that you are responsible for any material that you post on the Website and that if you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.
You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions. This indemnity includes your use of the information you read on the Website, together with any introduction or collaboration that you enter into as a result of viewing the Website.
Limitation of our liability
- use of, or inability to use, the Website;
- use of or reliance on any content displayed on the Website;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Further, you acknowledge that the author of each posting on this Website is responsible for his or her comments.
Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on the Website. We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on the Website and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.
15. EVENTS OUTSIDE OUR CONTROL
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
17. THIRD PARTY WEBSITE LINKS & RESOURCES IN THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. If you do link from the Website to other websites, your use thereof will also be subject to those websites’ terms and conditions.
18. ADVERTISING / SPONSORSHIP
Inclusion of any material in advertisements or sponsors’ materials on the Website does not constitute any guarantee or endorsement as to the quality or value of any of the products or services advertised or any claims made for the products or services by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on the Website are solely between you and that party.
We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the Website.
2. Applicable Law
Please note that these terms and conditions of use, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms and conditions of use and their subject matter (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
3. Contact Us
You can write to us at our registered office at: [whynow Music, 34 Eastcastle Street, London, United Kingdom, W1W 8DW] Alternatively, please email us at firstname.lastname@example.org.
TERMS OF SALE
This page tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Product(s)”) listed on our Website and any associated digital platform which may be released by us from time to time to you.
For ease of reading, we have divided these Terms into several sections:
- Delivery & insurance
- Right of return, refund or cancellation
- Our liability
- How we may use your personal information
- Other important terms
Every time you wish to order a Product, please check these Terms as we may have made changes to them since your last order and the Terms in force at the date of each order will apply.
- How we will accept your order
By placing an order, you are offering to purchase a Product in accordance with these Terms. After you place an order for a Product, you will receive an e-mail from us acknowledging and confirming your order. At which point a binding Contract will come into existence between you and us. We recommend that you print a copy of that order confirmation for your records, as well as a copy of these Terms.
- If we cannot accept your order
If we are unable to accept your order, please inform us via e-mail and a member of our team will be in touch. Your order may not be accepted for any one or more of the following non-exhaustive reasons:
- A Product you ordered is out of stock;
- We are unable to obtain authorisation for your payment;
- We have identified an error with a Product description, including but not limited to a pricing error;
- There is a system or procurement failure;
- You fail our customer validation checks;
- There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you; or
- We believe you are generating orders for commercial gain and not personal use.
If you have already paid for the Product, we will refund you the full amount including any delivery charges, as soon as possible.
We reserve the right to limit quantities purchased per person, per household or per order and to cancel or refuse orders that exceed such limits.
- Your order number
At the point we accept your order, we will assign it an order number and we will notify you of this by email. Should you need to contact us about your order, it will help us if you can tell us the order number.
- You must be 18
To place an order, you must be above the age of 18. If you are younger than 18, we ask that you to let a parent or legal guardian place your order. If it comes to our attention that an order has been made by a person under the age of 18, we reserve the right to decline it.
The Products you may purchase on the Website are directly sold by us and/or contributors.
- Products may vary slightly from their pictures on the Website
Whilst we have made every effort to display as accurately as possible, the colours and images of our Products that appear on the Website the images are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
- Product packaging may vary
The packaging of the Products may vary from that shown in images on the Website.
- Prices on the Website
The price of Products will always be shown to you before you submit your order. Prices for our Products may change from time to time but changes, other than where mispricing has occurred, will not affect any order which we have accepted by e-mail.
- What happens if the price is wrong
It is always possible that, despite our best efforts, some Products may be incorrectly priced on the Website. We will normally check prices before accepting your order. If a Product’s correct price at your order date is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may end the Contract, refund you any sums you have paid and require the return of any such Product(s) provided to you.
- When will payment be taken
Full payment is required at the time the order is placed. You can pay through our payment processor or any other payment methods which we may add to the Website from time to time. Your use of any payment services to purchase Products will be subject to the terms and conditions of the applicable payment processor.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Website. You promptly agree to update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
- Payment security
We use standard internet encryption technology to provide you with the maximum practicable level of security.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
6. DELIVERY & INSURANCE
We currently deliver to UK, EU and US addresses only.
Shipping is by a global recognised and insured courier, which will be confirmed to you during the order process.
You must provide us with complete and accurate delivery address information. We will not be liable for the delivery of your order because of you supplying us with incomplete or inaccurate information.
During the order process we will let you know when we aim to provide the Products to you. If we consider we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
Please note that all delivery timeframes given are estimates which exclude weekends and bank/public holidays. Any dates provided to you by us are simply estimates given in good faith based on the shipping method selected. For the avoidance of doubt such dates are only approximations and we are not bound by them. We accept no liability for any delay in the delivery of the Products.
- Signature on delivery
We may require signature on delivery for release of the Products to you at the delivery address you gave us. If our delivery agent is unable to deliver to you because you are not present when the goods are delivered and if you do not follow their instructions to rearrange for delivery, then we may end the Contract with you and cancel your order. Where this occurs, we reserve the right to charge you for costs that we have incurred attempting to deliver the Products to you.
- Your Product will be fully insured during delivery
A Product will be your responsibility from the time we deliver it to the address you gave us or it is otherwise collected or delivered in accordance with your instructions to the relevant postal service and/or carrier selected. This does not affect your statutory rights to cancel your order but please bear in mind that you will be responsible for any damage that you do to Product(s) once they are in your possession.
- Delivery restrictions
We are unable to deliver to PO Box numbers, BFPO addresses, mail-forwarding addresses and temporary residence addresses. This is to ensure the safe and undamaged delivery of your Product(s).
7. RIGHT OF RETURN, REFUND & CANCELLATION
- Returns Policy
You have the right to return purchased Products for a refund within thirty (30) days of you receiving the Products for any reason. Products must be returned unworn, undamaged and unused, with all tags attached and the original packaging included.
- Our return process
Please contact email@example.com to return Products, please state your order number and the reason for your return. We will refund your product as quickly as possible to your original payment method. Please note you will need to email us at firstname.lastname@example.org if your original payment method has expired to make alternate arrangements. It can take up to fourteen (14) days for a returned Product to reach us, from the date it was sent back. We will process your refund within (ten) 10 days of receipt. Your bank or credit card company may take 4-7 business days to credit your account.
We have the right to withhold or reduce any refund on Products that have already been worn and/or which have been damaged or otherwise diminished in value.
- How to return the Products
If you change your mind after the Products have been dispatched to you or you have received them and you elect to cancel your order as described above, you must return the Product(s) to us. Please contact email@example.com to arrange for the return of your Product(s) .
Please note that we will not make any refund to you until we have received the relevant Product(s) from you and confirmed that they have not been damaged or used.
- Your right to cancel or make changes to the order
You may cancel a Contract at any time within fourteen (14) days, beginning on the day after you received the Product(s). If you cancel the Contract after the Product(s) have been dispatched to you or you have received them, you must return them to us. You will receive a full refund of the price paid for the Product(s), but not the cost of delivery. You will be responsible for the full cost of the Product(s) if they are lost or stolen during their return journey to us, so we recommend that you use a tracked delivery service which is insured appropriately.
To cancel a Contract please tell us by e-mail at firstname.lastname@example.org to arrange the return of your Product(s), along with details of your order number so that we can arrange a refund.
Once we receive your cancellation, we will send you a notification for your records. Your cancellation will be effective from the date you sent us the e-mail.
If you wish to make changes to the Products you have ordered, please contact us by emailing email@example.com. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products, timing of supply or anything else which would be necessary as a result of your requested change and ask for you to confirm whether you wish to go ahead with the change.
This provision does not affect your statutory rights as a consumer (see section below, “Your right to return Products that are faulty or not as described”).
- Your right to return Products that are faulty or not as described
If your Products are faulty or not as described, you have a right to cancel your order and get the Products replaced or receive a full refund if you notify us within the cancellation period. The cancellation period starts from the date of the e-mail from us to you confirming your order and ends thirty (30) days after the day you receive the Products. Replacements are subject to availability.
Alternatively, if your product is faulty or not as described and a period of more than thirty (30) days and less than six (6) months has elapsed, then you are entitled to request a replacement or a repair. If your Products cannot be repaired or replaced by us or the relevant contributor, then you are entitled to request a refund within six (6) months from the date that you received the Products. We reserve the right to reject refund requests which relate to Products which have been damaged by customers while being used or not correctly cared for.
If you are entitled to receive a refund in this way you are also entitled to refund of the price you paid for the Products and any standard delivery charges that you paid for them (which excludes the cost of any expedited or special delivery that you may have opted for). You will also be provided with a refund for any reasonable shipping charges you may incur by returning the faulty Products to us (but may require you to provide proof of those costs).
If you are entitled to and request a refund, we will process this as soon as possible after receiving the returned faulty product from you and confirming the reported fault and, in any case, within thirty (30) calendar days of the day of receiving it and making that confirmation
8. OUR LIABILITY
- We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that we could have foreseen because the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence or if they were contemplated by you and us at the time we entered into the Contract. We are not responsible for any loss or damage that we could not have foreseen.
- We are not liable for business loss
We only supply Products for domestic and private use. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law. Any statutory warranties to which you are entitled as a consumer (including, for example, that any service is carried out with reasonable skill and care, and any Products provided are of satisfactory quality) are unaffected by these Terms.
Our total aggregate liability in respect of any and all claims that you may bring against us in connection with Products purchased shall be no more than the total of twice the value of the affected Products.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
We may use the personal information you provide to us:
- to supply the Products to you;
- to process your payment for the Products; and
- if you consent, during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
10. OTHER IMPORTANT TERMS
- Transfer of these Terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- Third party rights
This Contract is between you and us. Subject to the transfer right above, no other person shall have any rights 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 or unenforceable, the remaining paragraphs will remain in full force and effect.