TERMS AND CONDITIONS OF SALE
These terms and conditions (“Terms”) apply to the sale of all goods online in the business to consumer sector between I-Rain Records (“we/us”) and any visitors (“you”) to the website www.i-rain.com (“Site”). For all pre/post-sale enquiries, please contact firstname.lastname@example.org.
- By placing an order for any goods with age restrictions, you declare that you are age 18 or over in order to purchase the goods.
- The price, delivery charges and description of the goods are displayed on our website. Such information is subject to change without notice.
- The price you shall pay for the goods is the price displayed on our website at the time we receive your order. The price of the goods is displayed inclusive of VAT. You may choose to pay by any method specified on our website.
- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the website is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. -We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
- You shall be required to pay an additional charge for delivery, the amount of which shall vary according to the particular goods. The type of charge payable will appear on the Site.
- We endeavour to ensure that all of the items shown on the website are accurately represented. There may, however, be some slight variations (and this should be expected) between what you see and what you receive in any order, which you agree to accept, provided the variations are not substantial. We may correct any typographical or other errors or omissions in any catalogue, sales literature, quotation or other document relating to the sale of the goods without any liability to you.
- We may also at any time, without notifying you in advance, make any changes to the goods or their specification which are necessary to comply with applicable safety or other statutory requirements, or which do not materially affect their quality or performance. Where the manufacturer changes the product specifications, we will do our best to offer a similar alternative. All sizes and measurements are approximate, but we shall make all reasonable efforts to ensure they are as accurate as possible. If an error has occurred we shall inform you of this as soon as possible.
- We provide very high levels of internet and physical security to ensure sensitive information is never compromised. Our third-party payment provider ensures that credit/debit card details are secured within 128-bit encrypted sessions, sensitive information is stored on a heavily encrypted database that is protected by multiple government approved firewalls. Additional security measures include a security key that is used to produce an MD5 hash value. Hash values are often used as digital signatures as they cannot be reversed to obtain the original information. They allow the receiver to validate that the information received is identical to that sent.
Accordingly, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to your information, either on our Site or our payment provider’s.
- The price of the goods is payable in full on or before delivery. Receipts for payment will be issued with your goods for any purchases made online from the Site. If the goods are not paid for in full on or before delivery, they shall remain our property until payment is received from you.
All goods are subject to availability.
If we have insufficient stock to deliver the goods ordered by you, we will inform you of this as soon as possible.
Delivery will be made as soon as possible after your order has been accepted, and in any event within 14 days of your order. If we are unable to deliver the goods within 14 days of your order, we will inform you as soon as possible and you will be entitled to cancel the order. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
We will deliver the goods ordered by you to the address given by you for delivery at the time you place the order.
We will bear the risk of the goods delivered to you whilst in transit. Risk of loss of or damage to the goods passes to you on delivery, whether or not the price has been paid and you will be liable for their loss or destruction.
If the goods have been fully paid for, you will become the owner of the goods when they have been delivered to you.
The goods are warranted free from defects in material and workmanship for [three months] from delivery. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval. This warranty does not affect the your rights as a consumer.
If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, please email us at the address given above.
We shall not be liable to you for any failure to deliver the goods that have been ordered by you or any delay, damage or defect to the goods delivered which is caused by any event or circumstance beyond our reasonable control.
The Site is provided by I-Rain records (“we/us”) under company number 3268836, whose principal place of business is at Bloemgracht 61-f, 1016KE, Amsterdam, The Netherlands. Our VAT registration number is 696740191.
USE OF THE SITE
- You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
- By submitting any material to us (‘Material’) you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material.
- You must not submit any Material which is defamatory, offensive, menacing or obscene to the Site or which in our judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such Material from the Site at any time without notice to, or consent by, you.
- You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
- We reserve the right to charge you to access certain information on the Site. We will inform you where a charge will be incurred by you for accessing certain services or information.
- We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms.
DEALINGS WITH THIRD PARTIES
The Site may provide, or third parties may provide, links to other web sites or resources, together with promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse, make any warranties about, and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.
Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
PLACING AN ORDER
All purchases made on the Site are subject to our Terms and Conditions of sale.
INTELLECTUAL PROPERTY RIGHTS
The Site and its content (including but not limited to, animations, character design, text, software, music, lyrics, sound, photographs, graphics, video, page layouts and design) are protected by intellectual property rights, including copyright and any trade marks, as detailed in our Copyright and Trade Mark Notice
Except as expressly authorised in writing by us or relevant third parties, either separately or pursuant to these Terms, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, or of any Site property received by you as part of an order, in whole or in part. Any copying of content on the Site made in accordance with these Terms must include the copyright or trade mark notice published with it. All rights not granted or licensed pursuant to the terms of this Agreement are hereby expressly reserved to us.
The Trading Name and the Site are owned by us.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Site. We will not be responsible for any failure of any electronic communication sent through the service to reach your intended recipient on the date specified by you.
The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or service obtained by you on the World Wide Web.
The content of the Site has been compiled from a variety of sources and is subject to change without notice. We take reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date.
We do not assume any liability, or responsibility, for any content uploaded or otherwise transmitted by you to the Site or any third party.
So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including (but not limited to) any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.
LIMITATION OF LIABILITY
So far as permitted by law, and except in respect of death or personal injury arising from our negligence or any fraudulent misstatement by us, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information appearing on it).
We shall not under any circumstances be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if we or a representative of ours has been advised of the possibility of such damages.
You agree to indemnify and hold us and our shareholders, directors, officers, employees, assignees and licensees harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from the breach of any of your obligations hereunder.
These Terms constitute the entire agreement between you and us.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any part of these Terms is found to be invalid by any court having competent jurisdiction the validity of the remaining Terms will be unaffected. If either party does not exercise any right or remedy under these Terms, this will not be taken to mean that they have been waived.
These Terms and the relationship between you and us shall be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction over any dispute arising. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
We reserve the right to vary these Terms from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.