1.1. These terms of sale (“Supply Terms”) govern your relationship with ASV Publishing when you use this webstore (the “Webstore”).
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.
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 9.4 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 11 and 12 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 audiovisual 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 ASV Publishing. All rights in the Content are the sole and exclusive property of ASV Publishing or such affiliates, licensors and/or licensees.
4.2. Unless otherwise specified, the Content is the property of ASV Publishing, or its suppliers, and is protected by the UK and international copyright, trademark 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. ASV Publishing is not liable for any business losses.
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
(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. REGISTRATION AND PASSWORDS
7.1. 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 at our discretion and we may revoke your password at any time.
7.2. 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.
7.3. You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
7.4. 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 person’s account at any time without the express permission of the account holder.
7.5. 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 firstname.lastname@example.org to notify us of any changes.
8. OUR PRODUCTS AND SERVICES
8.1. Our Webstore may allow you to:
(a) purchase physical products (the “Products”);
(b) download digital content;
(c) stream content services to enable you to preview and/or listen to and/or watch music and videos online; and/or
(d)subject to any separate specific terms and conditions access such services on a subscription basis
(collectively, (b) to (e) the “Services”).
8.2. 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.
8.3. You may need to register with the Webstore before using the Services.
8.4. 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.
8.5. 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.
9. MAKING AN ORDER
9.1. Follow the onscreen instructions on the Webstore to make an order.
9.2. Items which you select for purchase/download/streaming (as applicable) will automatically be placed in your “shopping basket”.
9.3. 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).
9.4. 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:
(a) in the case of physical products: that particular Product has been dispatched; and
(b) in the case of digital content: instructions for accessing your digital content.
9.5. 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 12. Where your order was for products of a “hybrid” nature (e.g. a physical product and digital content) we will refund the relevant element of the order in accordance with our cancellation policy (set out in Sections 11.1 and 11.6 as applicable) for that particular Product.
10.1. We can accept only Visa, Visa Debit, Visa Delta, Visa Electron, Visa Connect, Mastercard, Maestro, and American Express 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.
10.2. 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.
10.3. 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. There are no delivery charges for digital content. The purchase will appear on your credit card or bank statement as ‘Digital Stores’.
10.4. 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.
10.5. Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical products or at the time of your purchase or soon afterwards in respect of digital content or Services.
10.6. ASV Publishing may use a third-party service provider to process payments, but will ensure that any payment processor engaged by ASV Publishing will use security to encrypt credit or debit card data.
11. CANCELLATION, DELIVERY AND USAGE RULES
If you order digital content to download or stream, you will have a cancellation period of 14 days in which to cancel your order for any reason. However, if you decide to download or stream your Product or Service before the end of these 14 days then you will lose this cancellation right. When we deliver you the link to download or stream your content we will make it clear that by clicking on that link you are giving up these cancellation rights. If you are ordering digital content that is provided on a physical CD or Vinyl, the usual cancellation terms apply as set out in Section 11.6 below. 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.
Each download item made available or purchased can be accessed via the relevant area of the Webstore using your login details and/or following the onscreen instructions. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorised by following the instructions provided on screen or via email.
11.3. Usage Rules
You may purchase downloads or stream digital content (as applicable) for your personal and non-commercial use only. In the event, you experience any problems in downloading the relevant download item we will allow you to subsequently attempt to download the relevant download item. In the event you experience any problems when downloading, please contact email@example.com. Please note that we may withdraw Products or Services from the Webstore at any time. We will give you reasonable prior notice in advance of our stopping the supply of any ongoing Services and will refund any sums you have paid in advance for Services which will not be provided.
11.4. Technical Problems and Faulty Products (digital content)
If digital content that you download is defective or faulty, please let us know as soon as possible (by contacting us at firstname.lastname@example.org. If we find that the digital content is indeed defective, we will first attempt to repair or replace the relevant Product at our cost within a reasonable timeframe if it is reasonably possible to do so. If a repair or replacement is not possible we will refund you for either the full or partial cost of the Product as appropriate. If we agree to a refund, we will refund the sum agreed within 14 days of confirming to you that you are entitled to a refund.
11.5. Damage caused to devices or other digital content
You have various rights under the Consumer Rights Act 2015 if the digital content we supply to you causes damage to your device or to other digital content you own e.g. if it carries a virus onto your computer. If this happens because of a lack of reasonable skill and care on our part, we will offer a suitable remedy which may be the repair of the damaged item or payment of suitable compensation i.e. the cost of removing the virus.
(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 12 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 11.6. 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 email@example.com. 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) Further details of this 14-day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the Dispatch Confirmation for physical goods. Details of our refund policy can also be found in Section 12.
(d) This right to cancel does not apply:
i. where CDs and/or DVDs and/or Vinyl (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 12.6 (d) above.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
11.8. 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.
11.9. Faulty Products (physical products)
(a) We have a legal duty to supply Products that are in conformity with this Contract. We have summarised your key legal rights in relation to the Product below. Nothing in these Supply Terms will affect these rights.
(b) Legally the Products you receive must be as described, they must be fit for purpose and they must be of satisfactory quality. After you have received the Products you have the following legal rights:
i. up to 30 days from delivery: if your Products are faulty, then you can get an immediate refund;
ii. up to six months from delivery: if your Products cannot be repaired or replaced, then you are entitled to a full refund, in most cases;
iii. up to six years from delivery: if your Products do not last a reasonable length of time, then you may be entitled to some money back.
(c) There are some exceptions to these legal rights. For information please visit the Citizens Advice website or call 03454 04 05 06.
12. REFUNDS POLICY
12.1. If you cancel your purchase of Products within the 14-day cooling-off period detailed in Section 11.1 or 11.6 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, including the cost of delivering the item to you via standard delivery, 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.
12.2. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital content) and we have begun the process of delivering the digital part of your Product order, or you have already accessed the digital part of your Product order we will refund the relevant element of the order in accordance with our cancellation policy (as set out in Section 11.1 or 11.6 as applicable) for that particular Product.
12.3. 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.
12.4. 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.
12.5. 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.
12.6. We will always make any refund using the same method originally used by you to pay for your purchase unless you expressly agree otherwise.
13. TECHNICAL PROBLEMS AND LATE DELIVERY
13.1. If we miss the delivery deadline determined in accordance with Section 11.7 then you can treat the Contract as at an end if either (a) we have refused to deliver the Products; or (b) you told us, before we accepted your order, that delivery before the delivery deadline was essential.
13.2. If you do not wish to treat the Contract as terminated, or do not have the right to do so under Section 13.1, you can set a new, reasonable deadline for delivery.
13.3. If you do decide to treat the Contract as at an end under Section 13.1 you can cancel your order for any of the Products or reject Products that have been delivered. You also have the option of rejecting or cancelling the order for some of the Products. When you have let us know we will then refund any sums you have paid to us for the cancelled Products (including any delivery charges). If the Products have already been delivered to you, you must post them back to us within 30 days or allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label or to arrange a collection.
13.4. Occasionally, technical problems may delay or prevent delivery of a purchased Product or Service. In those circumstances, your sole remedy will be either a replacement Product or Service or a refund. Your statutory rights are not affected.
13.5. We will not be liable to you for failures, defects or delays in delivery caused by:
(a) your provision of incorrect information;
(b) your computer failing to meet the minimum technical requirements for the Services;
(c) your failure to comply with instructions for use of the Services; or
(d) an event which is outside of our reasonable control.
14. 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.
15.1. 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.
15.2. 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.
15.3. 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).
16.1. 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.
16.2. 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.
16.3. ASV Publishing 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 ASV Publishing has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you and instead, ASV Publishing 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 ASV Publishing has been advised of the possibility of such loss.
16.4. You agree to indemnify ASV Publishing, 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.
16.5. This Section does not in any way limit or exclude our liability:
(a)for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any other matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1. The Contract is binding on you and us and on our respective successors and assigns.
17.2. 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.
17.3. 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.
18. 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 are 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 events.
19. RESOLVING DISPUTES BETWEEN US
We hope we are able to help you with any queries or complaints you have about the services and goods we provide. Email us at email@example.com with any issues. However, if you are not satisfied with how we handle your complaint or query then you may wish to bring a dispute through the European “ODR” Platform. The European Commission has put in place a platform which aims to provide a simple, fast and efficient way to settle cross-border disputes in the EU between online shops and customers. The European Online Dispute Resolution (“ODR”) Platform can be accessed via the European Commission’s Directorate-General for Justice and Consumers website. The ODR is an interactive and multilingual platform developed and operated by the European Commission, specially designed for assisting customers who have a complaint about goods or services bought online.
20.1. 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.
20.2. 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.
20.3. 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.
20.4. 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.
20.5. These Supply Terms shall be binding on and endure for the benefit of each party’s successors in title.
21. GOVERNING LAW AND JURISDICTION
21.1. 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.
21.2. 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.
22.1. 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.
22.2. 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.
22.3. If you have any queries about these Supply Terms, this Webstore or any of our Services please contact: email@example.com
22.4. Our registered address is:
ASV Publishing Ltd.
1A Knowland Drive
Milford on Sea
22.6. Our registered VAT number is 342 4238 22