Terms and conditions of sale
Please read the following important terms and conditions (“Terms”) before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
| The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully. |
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘we’, ‘us’ or ‘our’ means Whynow Music Limited; and
- ‘you’ or ‘your’ means the person using our site to buy goods from us.
If you have any questions about this contract or any orders you have placed, please contact us by sending an email to shop@whynow.co.uk.
Who are we?
| We are Whynow Music Limited (trading as whynow, Mick Jagger, Sleaford Mods, Tina Turner, Great Big Story and Katy J Pearson), a company registered in England and Wales under company registration number 11771567.
Our registered office is at 34-35, Eastcastle Street, London, United Kingdom, W1W 8DW. Our VAT registration number is GB319984846. Our office address is Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER. The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you. |
2 Introduction
2.1 These terms and conditions of sale (“Terms”) explain the terms on which we sell any of the goods listed on our site and any associated digital platform which may be released by us from time to time to you. If you buy goods on our site you agree to be legally bound by this contract. Every time you wish to buy goods on our site, 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.
2.2 This contract is only available in English. No other languages will apply to this contract
3 Information we give you
3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
3.1.1 read the confirmation email (see clause 5.5); or
3.1.2 contact us using the contact details at the top of this page.
3.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
3.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
4 Your privacy and personal information
4.1 Our Privacy Policy is available at www.whynowmusic.com/privacy-policy
4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
5 Ordering goods from us
5.1 Below, we set out how a legally binding contract between you and us is made.
5.2 You place an order on the site by completing the checkout process, clicking the “pay now” button and inserting your payment details. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
5.3 When you place your order at the end of the online checkout process (e.g. when you click on the ‘pay now’ button), we will email you to confirm we have accepted your order.
5.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
5.4.1 the goods are unavailable;
5.4.2 we cannot authorise your payment;
5.4.3 you are not allowed to buy the goods from us;
5.4.4 we are not allowed to sell the goods to you;
5.4.5 there is a system or procurement failure;
5.4.6 you have ordered too many goods. 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; or
5.4.7 there has been a mistake on the pricing or description of the goods. Despite our best efforts, a small number of goods may be mispriced. If we have made a mistake and the correct price is higher than the price on the site, we may either contact you before dispatch to request whether you want to buy the goods at the correct price or cancel your order. If the correct price is lower than our stated price, we will charge the lower amount and send you the goods.
5.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
5.5.1 a legally binding contract will be in place between you and us;
5.5.2 an order number will be assigned. Should you need to contact us about your order, please tell us your order number; and
5.5.3 we will dispatch the goods to you and provide a timeframe for delivery.
5.6 If you are under the age of 18 you may not buy any goods from the site.
6 Right to cancel
6.1 You have the right to cancel this contract within 14 days without giving any reason.
6.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or the last good, where multiple goods are ordered in one order but delivered separately.
6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement using the contact details at the top of this page. You may use the model cancellation form available below, but it is not obligatory.
Model cancellation form
To whynow Music LTD, 34-35 Eastcastle St, London W1W 8DW and shop@whynow.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods[*]/ for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
6.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7 Effects of cancellation
7.1 If you cancel this contract, 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 least expensive type of standard delivery offered by us).
7.2 We may 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.
7.3 We will make the reimbursement without undue delay, and not later than:
7.3.1 14 days after the day we received back from you any goods supplied; or
7.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
7.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Please note that your bank or credit card company may take 4-7 business days to credit your account after we have made reimbursement.
7.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.6 If you have received goods:
7.6.1 you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
7.6.2 goods must be returned unworn, undamaged and unused, with all tags attached and the original packing included;
7.6.3 you will have to bear the cost of returning the goods; and
7.6.4 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8 Delivery
8.1 We use a variety of service providers to deliver our goods. During the online checkout process, you will be given available delivery options to choose from.
8.2 The estimated date for delivery of the goods will be set out on our webpage (www.whynowmusic.com/shipping-returns/) and linked to from the Confirmation Email. Please note that all delivery timeframes are estimates.
8.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
8.4 Delivery will take place at the address specified by you when you placed your order with us. You must provide us with complete and accurate delivery address information. We will not be liable for delays in the delivery of your order because of you supplying us with incomplete or inaccurate information.
8.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email and it was essential that the goods were delivered within that timeframe and you either told us or it was apparent from the circumstances, or where we refused to deliver the goods, we will:
8.5.1 let you know;
8.5.2 cancel your order; and
8.5.3 give you a refund.
If neither of the above applies, you may specify a further delivery period which must be appropriate taking into account the circumstances. If we fail to deliver within this further period, you may terminate the contract and receive a refund.
8.6 If nobody is available to take delivery, please contact us using the contact details at the top of this page. We may require signature on delivery for release of the goods 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 goods to you.
8.7 You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods. The goods will be fully insured during delivery.
8.8 All prices are inclusive of legally applicable VAT but exclude delivery charges and, for deliveries outside of mainland UK, exclude any import duties and taxes. Please note that when ordering goods for delivery outside of mainland UK you may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you, we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For information on delivery options and costs, visit our webpage (www.whynowmusic.com/shipping-returns). 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 the goods.
8.9 We may deliver your goods in instalments. You will receive an individual email notifying you of the dispatch of each part of your order where this applies to you.
9 Payment
9.1 We accept credit cards and debit cards and payment via PayPal. We do not accept cash or cheques. Your use of any payment services to purchase goods will be subject to the terms and conditions of the applicable payment processor.
9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. Click here (www.whynowmusic.com/privacy-policy) for more information on how we protect your data. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (www.whynowmusic.com/privacy-policy) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on your computer.
9.3 Your credit card or debit card will be charged at the moment you place an order on the site.
9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
9.5 If your payment is not received by us and you have already received the goods, you must:
9.5.1 pay for such goods as soon as possible and in any case within 30 days; or
9.5.2 return them to us as soon as possible and in any case within 30 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
9.6 If we cannot supply you with the goods that you ordered but you have already paid for them, we will refund you as soon as possible and in any event within 30 days.
9.7 If you do not pay for the goods and fail to return them in accordance with clause 9.5, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
9.8 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period.
10 Nature of the goods
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
10.2 We are under a legal duty to supply you with goods that are in conformity with this contract.
10.3 The packaging of the goods may be different from that shown on the site.
10.4 Whilst we have made every effort to display as accurately as possible, the colours and images of goods that appear on the site may vary slightly from those images.
10.5 Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
10.6 If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
10.6.1 we will let you know if we intend to do this but this may not always be possible; and
10.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
11 Faulty goods
11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights.
11.2 If your goods are faulty or not as described:
11.2.1 you have a right to cancel your order and get the goods replaced or receive a full refund within 30 days after you receive the goods. Replacements are subject to availability; or
11.2.2 if a period of more than 30 days and less than 6 months has elapsed, then you are entitled to request a replacement or a repair. If your goods cannot be repaired or replaced by us or the relevant contributor, then you are entitled to request a refund within 6 months from the date that you received the goods.
11.3 If you are entitled to receive a refund in this way:
11.3.1 you are entitled to a refund of the price you paid for the goods 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);
11.3.2 you are entitled to a refund for any reasonable shipping charges you may incur by returning the faulty goods to us (but may require you to provide proof of those costs); and
11.3.3 we will process any refund as soon as possible after receiving the returned faulty goods from you and in any case, within 14 days of the day of receiving it.
11.4 For more detailed information on your rights and what you should expect from us, please:
11.4.1 contact us using the contact details at the top of this page; or
11.4.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
11.5 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.6 If your goods are faulty, please contact us at your earliest convenience using the contact details at the top of this page.
12 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
13 Limitation on our liability
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury or fraudulent representations made by us) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
13.1.1 losses that were not foreseeable to you and us when the contract was formed;
13.1.2 losses that were not caused by any breach on our part;
13.1.3 business losses; or
13.1.4 losses to non-consumers.
13.2 Our total aggregate liability in respect of any and all claims that you may bring against us in connection with goods purchased shall be no more than the price paid for the affected goods.
13.3 The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
14 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
15 Disputes
15.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
15.2 If a dispute cannot be resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
15.3 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
15.4 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
15.5 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.