Terms of Sale
THIRD MAN RECORDS - OUR TERMS OF SALE & ‘VAULT’ SUBSCRIPTION
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Information about us and how to contact us
- Who we are. We are Third Man Records LLC, a company registered in Tennessee, United States of America. Our company registration number is 000541014 and our registered office is at 623 Seventh Avenue South, Nashville, Tennessee, 37203-4601, United States. We operate the website at www.thirdmanrecords.com.
- How to contact us. You can contact us by writing to us at email@example.com.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will not accept your order until payment for the order has been confirmed.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- These terms apply to the sale of our products in pounds sterling to customers in the United Kingdom. If you purchase products from our website in a different currency different terms may apply, which will be made known to you prior to completion of your purchase.
- Your confirmation. In buying any product from us (including any subscription package) you confirm that you are aged over 18 and that you buy from us in a personal, non-commercial capacity.
- Your account security. To use and access exclusive and proprietary elements of our website, such as the Vault, you must register to open an account ("Account"). As part of the registration process, each user will select a password and username. You must provide us with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these terms and conditions, which may result in immediate termination of your Account. Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide to any other entity your password or otherwise allow them to use or access your Account. You must notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. You are responsible for all activity performed by anyone using our website under your user name and password (even if such activity was not performed by you). We may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that we reasonably believe is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these terms and conditions or any other policies or guidelines posted us; or (iii) harmful to other users, third parties, or our business interests. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. Upon termination of your Account for any of the above-mentioned reasons, you may not establish a new Account for a period of not less than one year from the date of termination. Upon termination of your Account, we will have no obligation to notify any third parties nor will we be responsible for any damages that may result or arise out of termination of your Account.
- Our products
- Products may vary slightly from their pictures. The images of the products on our website 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 product may vary slightly from those images. The packaging of the product may also vary from that shown in images on our website.
- VAULT Subscription
- This clause 5 applies if you have purchased a Vault subscription. You can purchase either a quarterly or an annual Vault subscription. Please note that, in respect of any discounts for third party services that may be provided as part of your subscription package, such third party services are provided by those third parties rather than by us, and are subject to separate terms and conditions.
- Quarterly Vault Subscription. Once you've created your quarterly Vault Subscription, the package corresponding with your payment date (see below) will be automatically shipped to you. You don't need to pay for the package separately.
- Annual Vault Subscription. Annual subscriptions include all 4 packages for the 12-month period from the date your subscription was created. Packages cannot be skipped or changed, and the annual subscription fee cannot be pro-rated.
- Payment and Shipping Deadlines. If you join the Vault subscription service, you will receive a quarterly Vault package. As at the date of this version of our terms of sale, the applicable dates relevant to each package is shown below, but please note that the dates in this clause 5.4 are approximate, are non-binding, and are subject to change:
- Quarter 1 Package
Payment/Subscription Window: November 1 - February 1.
Package Announcement: Early January
Payment/Subscription Deadline: February 1 by 05:59:59 AM BST.
Package Shipment Date: Early-Mid March.
- Quarter 2 Package
Payment/Subscription Window: February 1 - May 1.
Package Announcement: Early April
Payment/Subscription Deadline: May 1 by 05:59:59 AM BST.
Package Shipment Date: Early-Mid June.
- Quarter 3 Package
Payment/Subscription Window: May 1 - August 1.
Package Announcement: Early July
Payment/Subscription Deadline: August 1 by 05:59:59 AM BST.
Package Shipment Date: Early-Mid September.
- Quarter 4 Package
Payment/Subscription Window: August 1 - November 1.
Package Announcement: Early October
Payment/Subscription Deadline: November 1 by 05:59:59 AM BST.
Package Shipment Date: Early-Mid December.
- Renewal. Quarterly Vault subscriptions renew automatically every three months from the date they were created. Annual Vault subscriptions renew automatically every 12 months from the date they were created. For example - If you purchase a quarterly subscription on March 10, your subscription will automatically renew on June 10, September 10, December 10, etc. If you purchase an annual subscription on March 10, it will renew one year later on March 10. You authorise us to take the relevant renewal payment from you on the relevant renewal dates as described above. Note that the quarterly subscription signup deadlines shown above are dates by which payment must be completed to receive the corresponding package. These deadline dates are NOT cancellation deadlines.
- Payments received after a payment deadline. Because we produce the exact number of packages for the exact number of Vault members during a given quarter, any payment received after a payment deadline described above will not be accepted for the previous quarter. Instead, it will automatically be applied to the next quarter of membership. For example, if you pay after January 31st, your payment will be credited to the next quarter, whose deadline would be April 30th.
- Cancellation Policy. You're welcome to cancel your subscription anytime (see below as to how to cancel your subscription), however requests for refunds for Vault subscription payments must be initiated within 24 hours of payment unless you are exercising your right to change your mind under clauses 8.3 and 8.5 of these Terms. If you would like to request a refund for a payment, please contact firstname.lastname@example.org. Cancellation of a subscription does NOT automatically result in cancellation/refund of a completed order/payment. Requests for refunds MUST be submitted to email@example.com within 24 hours of payment. Subscriptions are cancelled moving forward. If payment has already been completed, you will remain a member until what would have been your next scheduled payment date, and you will receive the last package paid for.
- How to cancel your subscription. You can cancel your subscription by logging into your Third Man Store account and navigating to the "My Account" tab on the top right-hand side of the page. From there, navigate to "Vault Subscription" on the left side. Scroll down to the "Need Help" section, and click "Cancel Subscription". Answer the question and click "Cancel Subscription".
- Vault subscription products are not for re-sale. Vault products are exclusive to our Vault subscription members. You confirm that, as a Vault subscription member, you act in a personal capacity as a consumer, and not in any commercial or business capacity. If you sell or attempt to sell any of the Vault subscription products commercially, we reserve the right to cancel your subscription immediately, and permanently, without any liability on our part and without any right to any refund on your part.
- Your rights to make changes
- When purchasing our products. If you wish to make a change to the product you have ordered please contact us. 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 product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
- Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products.
- If the products are goods from our online store we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- If the products are a Vault subscription we will supply the goods to you until the subscription expires (if applicable) or you end the contract as described in clause 8.
- Accepting delivery. If you are not at home to accept delivery and the products cannot be posted through your letterbox, you must re-arrange delivery with the courier. Re-delivery will be subject to a re-delivery/re-shipment fee (details of which are set out on our website), which you must pay to us. If you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
- We will not be liable to you for failures, defects or delays in delivery caused by:
- An event which is outside of our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received; or
- Your provision of incorrect information, such as your delivery address.
- When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us.
- When you own goods. You own the goods once we have received payment in full.
- Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the products you’ve bought, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 10;
- If you want to end the contract because of something we have done, see clause 8.2; or
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (8.2.1) to (8.2.4) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- sealed audio or sealed video recordings, once these products are unsealed after you receive them; and
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Have you subscribed to the Vault?, if so you have 14 days after the day you (or someone you nominate) receives the first package due to you under the subscription.
- How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Print off the Model Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Third Man Records ATTN: Returns C5 Wellington Road Industrial Estate Wellington Bridge, Leeds, LS12 2UA. Please email us at email@example.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence satisfactory to us that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- If there is a problem with the product
- We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org or Third Man Records C5 Wellington Road Industrial Estate Wellington Bridge, Leeds, LS12 2UA.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject faulty products you must post them back to us. We will pay the costs of postage. All products must be returned in the same condition that they were received and must be returned in a protective mailer or box. Your name and order number must be enclosed in the return package. Returns must be sent via a shipping method that provides tracking information. Please email us at email@example.com for a return label.
- Price and payment
- Where to find the price for the product. The price of the product (which includes any VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. We accept payment with those credit/debit cards shown on our website. You must pay for the products before we dispatch them.
- Our responsibility for loss or damage suffered by you
- 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 is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other losses related to your business use of our products.
- How we may use your personal information
- Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
THIRD MAN RECORDS LLC