TERMS & CONDITIONS

Website Terms and Conditions of Use

USE OF THE WEBSITE

This Website is provided to you free of charge, and this Website and the services provided and goods available to order through it are for your personal, non-commercial use. You may only make use of the Content to the extent necessary to allow you to use the Website and the services provided through it as is permitted by the Website Terms. You shall not use the Content and/or Website for any illegal or immoral purpose, or otherwise frame, link or deep-link this Website to any other website without the prior written consent of Vinyl Coffee.
You agree that you will not (i) use the Website for the posting or transmitting of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically, homophobic or otherwise objectionable material of any kind; (ii) upload files that contain viruses, trojan horses, worms, cancelbots, social engineering, corrupted files or other such similarly destructive features; or (iii) in any other way damage, disable or impair the operation of this Website or attempt to gain unauthorized access to the Website or to networks connected to it, through hacking, spoofing or other such similar means.

We do not guarantee that the Website, or any Content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

USE OF THE WEBSITE FROM OUTSIDE THE UNITED KINGDOM

The Content on this Website is displayed solely for the purposes of promoting Vinyl Coffee products and services within the United Kingdom. Those who choose to access the Website from places outside the United Kingdom are responsible for compliance with local laws if and to the extent that local laws are applicable.

PARENTAL RESPONSIBILITY

Parents and guardians should note that some of the audio recordings, videos, images or text contained on the Website may not be suitable for children and it is the parent or guardian’s responsibility to supervise use of the Website.

MATERIAL ON THE WEBSITE

All Content contained on the Website is the property of Vinyl Coffee, its affiliates and/or licensors. The Content may not be used except as provided for in these Website Terms, without the written permission of Vinyl Coffee, its affiliates or such third-party licensors.

Where Content published on the Website is supplied by third parties, Vinyl Coffee, do not purport to endorse such Content in any way. All Content which is offered by third parties, is published in good faith but we do not (to the extent permitted by the applicable law) accept any responsibility for the accuracy, reliability, timelines, or otherwise of such Content (whether published on or offline) or for the use of such Content.

All sound and audio recordings on the Website are subject to copyright and you may not copy, reproduce, download, modify or in any other way, electronically or otherwise, commercially exploit any, including any part of, the sound and audio recordings on the Website. Such recordings are provided on the Website for informational purposes only.

INTELLECTUAL PROPERTY

The Content of the Website is protected by copyright, database right, trade mark law and other international intellectual property rights. The owner of these rights is Vinyl Coffee, its affiliates or other third-party licensors. You acquire no rights or licenses in or to the Website or any of its Content, other than the limited right to use the Website in accordance with these Website Terms or in order to use services available on the Website.

All product and company names and logos mentioned in the Website are the trademarks or trading names of their respective owners, including Vinyl Coffee and its affiliate companies.

You may not modify, copy, reproduce, republish, disassemble, decompile, reverse engineer, create derivative works from, interfere with, display, circulate, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website, including but not limited to text, graphics, video, messages, code and/or software without the prior written consent of Vinyl Coffee, except where expressly invited to do so on the Website, for example, in order to complete any test or questionnaire.

OWNERSHIP OF SUBMISSIONS

Other than personal data (which is subject to our Privacy Policy and Cookie Policy) all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted to Vinyl Coffee on or through the Website shall become and remain the property of Vinyl Coffee once submitted.

EXCLUSIONS OF LIABILITY

Vinyl Coffee exclude all representations, warranties, conditions and terms (whether expressed or implied by statute, common law or otherwise) to the fullest extent permitted by law. We will accept no liability for any losses or damages which are not reasonable foreseeable arising out of or in connection with these Website Terms or your use of the Website.

WARRANTY AND LIABILITY

This Website, its Content, and any software products and services offered through it are provided on an “as is” and “as available” basis. We will carry out our responsibilities in hosting the Website and its Content with reasonable skill and care, but we do not guarantee that it will be fault free or meet your requirements.

Save in respect of death or personal injury resulting from our negligence or fraud, neither Vinyl Coffee nor any of its directors, employees or other representatives will be liable for loss or damage (whether direct or indirect) howsoever arising out of or in connection with your use of the Website. We do not accept liability for any losses or claims arising from any inability to access the Website or any failure to complete a transaction.

DAMAGE TO YOUR COMPUTER OR OTHER DEVICE

Vinyl Coffee uses industry standard protections and reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any Content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device.

Except where required by applicable law, Vinyl Coffee shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

LINKS TO OTHER WESBITES

Where we have placed links on the Website to other websites, we do not have any control over their content and cannot accept any responsibility for the content or privacy policies of these websites.

ACCURACY OF INFORMATION

Whilst Vinyl Coffee use reasonable efforts to include accurate and up to date Content on the Website, to the fullest extent permitted by law, we exclude all warranties, whether express or implied, or representations as to its accuracy, suitability, timeliness or completeness.

COMPLIANCE WITH LAWS

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

UPDATES TO THE WEBSITE TERMS

Vinyl Coffee reserve the right to change the Website Terms at any time. Any such change shall take effect when posted on the Website and it is your responsibility to read the Website Terms on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website Terms. If you do not agree to the Website Terms in their entirety you should not use the Website.

Terms and Conditions of Sale

PLACING AN ORDER

To place an order, you must supply Vinyl Coffee with some compulsory personal information. You warrant that the personal information which you are required to provide is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or use a false name or a name that you are not authorised to use. We shall use your personal information in accordance with our Privacy Policy.

You must be at least eighteen (18) years old to order goods on the Website and by placing an order you therefore warrant that you are at least eighteen (18) years old.

PRICES

The prices payable for the goods that you order are clearly set out on the Website and are in GBP pounds sterling.

All prices are expressed inclusive of any VAT that is payable at the relevant prevailing rate in the United Kingdom.

If charges are applicable for delivery on the goods that you order, you will be informed before your order is accepted.

Prices and offers may vary from time to time and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at the discretion of Vinyl Coffee and at any time.

The prices for goods on the Website may differ to the prices for the same goods in Vinyl Coffee Retail Stores.

PRICING ERRORS

Every effort is made to ensure that the prices shown on the Website are correct. In the unlikely event that an error is made in the price shown on the Website, Vinyl Coffee will not be obliged to supply the goods to you at the incorrectly stated price. In these circumstances, we shall not dispatch the goods affected but will notify the correct price to you so that you can decide whether to proceed with your order at that price. If we are unable to contact you using the contact details you provided to us, we shall treat the order as cancelled and notify you via email.

If the pricing error is obvious and unmistakable and could easily have been recognised by you as a misplacing, we do not have to provide the goods to you at the incorrect price.

PRE-ORDER PRICING

Where goods are offered for sale on the Website prior to general release, the price shown for those goods is subject to change. In the event that we reduce the price, we will charge you the lower price. In the event that we increase the price, we will charge you the price that was listed on the Website when you placed the order, unless the price was the subject of a pricing error, in which case we shall contact you to advise you of the correct price and if you wish to proceed with the order. In the event that you have already paid for a new release which we subsequently reduce in price, we shall refund you the difference between the original price and the new lower price to the original method of payment.

PAYMENT

Payment for goods and any applicable delivery charges can be made using the following methods of payment; PayPal.

With respect to all payments made by PayPal, payment is processed by us at the point the order is confirmed by you, note however that we may prepare pre-orders for dispatch up to fourteen (14) days before the advertised release date on the Website.

If we cannot take payment from you for whatever reason, we shall inform you and your original order will be cancelled and you will be requested to submit a new order. We shall have no liability to you for any goods that we cannot subsequently supply (e.g. limited-edition goods) or if the dispatch of pre-release goods are delayed due to your methods of payment failing.

PROMOTIONAL DISCOUNT CODES

Vinyl Coffee may on occasion offer promotional discount codes. Valid discount codes can only be used at the time of purchase and cannot be used retrospectively. Discount codes can only be used at vinylcoffee.co.uk and will be subject to the terms and conditions supplied with the discount code.

PLACING AN ORDER

Once you have followed the ordering process on the Website and at the point you click ‘make payment’ you shall have placed an order with us. You will be sent an ‘order confirmation’ email detailing the goods you have ordered. Please note that this does not mean that your order has been accepted.

ACCEPTANCE OF YOUR ORDER

Completion of the online checkout process does not constitute acceptance by us of your offer to purchase goods from us. Our acceptance of the order will take place only when we are ready to dispatch the goods that you ordered.

Your order is an offer to buy goods from Vinyl Coffee. Nothing that we say or do (including receiving payment from you in accordance with your offer) will amount to an acceptance of that offer until we actually confirm that the goods are being dispatched.

CONTRACT CREATION

There will be no contract between you and us unless and until you receive confirmation from us by means of an ‘order dispatch’ email that confirms that the goods you have ordered are being dispatched. At that point (and not before), a contract will come into existence between you and us, for the sale by us, of the ordered goods. At any point up until then, we may decline to supply the goods to you.

If your order is dispatched in more than one package, you shall receive confirmation from us in relation to each package dispatched and each dispatch shall be concluded as a separate contract of sale between you and us.

AVAILABILITY

If we cannot supply you with the goods you have ordered for whatever reason, we will not process your order and will inform you of this via email and, if you have already paid for the goods, refund you as soon as reasonably possible by way of refund to the original method of payment and including refund of any relevant refundable delivery cost charges. We shall have no liability to you other than by way of refunding any and all monies paid by you to us for the goods we cannot supply.

DELIVERY AND COLLECTION

We shall arrange delivery of the goods to the delivery address in the United Kingdom that you nominate when you place the order. Free UK delivery only applies to UK mainland addresses and all other locations will be charged for delivery, notice of charges will be advised before the order is completed. Goods may be dispatched and arrive separately.

RISK

Risk of loss and damage of the goods passes to you on the date and time when the goods are delivered to the nominated delivery address.

DELAYS

Where the supply of goods is delayed or prevented for reasons beyond our control we will be under no liability to you for such delay.

MULTIBUYS

Goods that are advertised on the Website as part of a multi-buy promotion (e.g. 3 Vinyl’s for £30) shall each be dispatched as soon as they are available. In the event that we are unable to supply any individual component of the multi-buy order, the order for the individual item we are unable to supply shall be cancelled within 30 (thirty) days from the date the order was placed and in the event that you have paid for the goods we cannot deliver, we shall refund you the for the goods we cannot supply to the original method of payment.

ORDER CANCELLATION

You may cancel your order at any time before it is processed by emailing enquiries@vinylcoffee.co.uk. If the goods have not been dispatched and we have sufficient time to prevent dispatch the order will be cancelled and we will refund the price paid to the original method of payment. In the event that you cancel your order too late for us to prevent dispatch, or after the goods have already been dispatched you are liable for the return postage costs.
You are entitled to cancel your contract of an order (or part order) (under the Consumer Rights Directive 2011/83/EC) if you wish, provided that you inform us of your intention to cancel no longer than Thirty (30) days after the day on which you receive the goods.

If you decide to cancel your order (or part of an order) you should contact us via email at enquiries@vinylcoffee.co.uk to clearly advise us of your intention to cancel including details of the order (or part of an order) you wish to cancel and your name and address. You should return the goods to us and at your cost within Thirty (30) days from the date you receive the order (or part order).

CONDITION OF RETURNED GOODS

You must take reasonable care of the goods whilst they are in your possession and such goods must be unused and returned in the original packaging and in the same condition as they were when received by you. Any security seals must be unbroken and any activation codes that came with the goods must be intact and unused.

In the case of media goods (including vinyl, vinyl cleaner, vinyl brushes, record frames) any shrink-wrap and/or any other packaging must be intact.

In the case of merchandise goods (including but not limited to; mugs and bags), you may examine the goods as you would in a shop, but you must not use them. If the goods are encased in plastic blister packs or sealed packaging, these goods must be returned unopened and with the packaging intact. Where goods are able to be opened without breaking any seals, care must be taken not to damage any packaging. Goods must be repackaged in exactly the same way as they were when they were received by you.

In the case of clothing, the clothing may be worn only for as long as is absolutely necessary to ensure that the clothing is suitable. All clothing must be returned in the same clean and folded condition that they were in when they were received by you and any labels that were on the clothing must still be attached.

In the case of technology goods, you may examine the goods as you would in a shop, but you must not use them, or (where relevant) install them, set them up as if they were to be used, input any data or software, install batteries or connect them to mains power. If the goods are encased in plastic blister packs or sealed packaging, these goods must be returned unopened and with the packaging intact. Where goods are able to be opened without breaking any seals, care must be taken not to damage any packaging. Packaging must only be opened to the extent absolutely necessary and the goods must be repackaged in exactly the same way as they were when they were received by you.

RETURN OF GOODS CARRIAGE

If you choose to return any goods to us (including under your right to cancel), we shall not be responsible for any loss or damage to the goods while in transit and, for this reason, we recommend that you use a recorded delivery service. If returned goods are lost or damaged in transit, we reserve the right to charge you (or not to refund any monies attributable to) for such loss or damage.

REFUNDS

Once the goods are returned to us we shall refund to you, by the method that you used to pay for the original transaction, the amount in relation to the goods which the cancellation rights apply and within fourteen (14) days from the date we received the goods at our warehouse. We may make a deduction from the refund for loss in value of any goods returned if the loss is the result of unnecessary handling by you.

WARRANTY

All goods purchased through the Website will correspond with their relevant description on the Website, and they will be of satisfactory quality and fit for non-commercial, domestic use. We do not make any other promises or warranties about the goods.

This warranty does not apply to any defect in the goods arising from (i) fair wear and tear, (ii) wilful damage, abnormal storage, accident, negligence by you or a third party, or (ii) if you fail to use or operate the goods in accordance with the usual usage for such goods or follow user instructions.

MANUFACTURER’S GUARANTEE

Some of the goods may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, you should refer to the manufacturer’s guarantee which is supplied with the goods. A manufacturer’s guarantee is in addition to, and does not affect your statutory rights.

FAULTY AND DAMAGED GOODS

If you receive goods from us that are damaged upon delivery or have a manufacturer’s fault, you must email us at enquiries@vinylcoffee.co.uk including details of the order, the damage or fault and your name and address.

PASSWORD / ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Vinyl Coffee shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

LIABILITY

Save in the case of death or personal injury due to the negligence of Vinyl Coffee or where we have acted fraudulently, our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).

Vinyl Coffee accept no responsibility for any loss or damage caused by us (or our employees, agents or sub-contractors) where such loss is: (i) not a foreseeable result to both you and us (as at the time that you submit your order) of a breach of the relevant legal duty by us; (ii) related to a business; or, (iii) related to loss or damage to premises or property unless caused by our negligence or wilful misconduct.
The above limitations on our liability do not affect your non-excludable statutory rights as a consumer.

You are responsible for the use of products that you obtain from us. We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the products in countries outside the United Kingdom.

Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.

FORCE MAJEURE

Vinyl Coffee shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.

INVALIDITY / SEVERANCE

If any part of these Website Terms is deemed unlawful, void or for any reason unenforceable (including any provision in which Vinyl Coffee excludes its liability to you) then that provision shall be deemed to be severable from the Website Terms and shall not affect the validity and enforceability of any other part of the Website Terms.

WAIVER

No waiver by Vinyl Coffee shall be construed as a waiver of any proceeding or succeeding breach of any provision.

OTHER LEGAL NOTICES

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.

COMPLAINTS

Vinyl Coffee operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please email enquiries@vinylcoffee.co.uk

GOVERNING LAW

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any dispute between us. By accessing this Website, you agree to submit to English law. All contracts and correspondence shall be concluded in English.

ENTIRE AGREEMENT

These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

You confirm that, in agreeing to accept the Website Terms you have not relied on any representation save insofar as the same has expressly been made a term of these Website Terms and you agree that you have no remedy in respect of any representation.

These Website Terms do not affect your statutory rights as a consumer within the United Kingdom.

UPDATES TO THE WEBSITE TERMS

Vinyl Coffee reserve the right to change the Website Terms at any time. Any such change shall take effect when posted on the Website and it is your responsibility to read the Website Terms on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website Terms. If you do not agree to the Website Terms in their entirety you should not use the Website.

Privacy and Cookies Policy

PRIVACY

We will at all times only collect and process your personal information in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended, and any other applicable data protection legislation.

WHAT INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

We may collect, store and use the following kinds of personal information:

a) information about your computer and about your visits to and use of our Websites (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths;
b) information that you provide to us when registering with any of our Websites (including your email address);
c) information that you provide when completing your profile on any of our Websites (including your name and date of birth);
d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);
e) information relating to any purchases you make of our goods or any other transactions that you enter into through any of our Websites (including your name, address, telephone number, email address and card details);
f) information that you provide when you register with our Loyalty Card (including your name, address, telephone, e-mail and mobile contact details);
g) information about your use of our Loyalty Card and purchases, including your credit or debit card details;
h) information that you give us when you contact us in writing or by phone; and
i) any other personal information that you choose to send to us.
Finally, we may receive information about you from third parties (such as credit reference agencies) who are legally entitled to disclose that information.

HOW DO WE USE YOUR INFORMATION?

By using our Websites, you agree that your information may be used by us and by carefully selected third parties chosen by us for any of the following purposes:

a) to provide you with a personalised browsing experience when using our Websites;
b) to fulfil any contractual agreements between you and us;
c) to manage and operate any account that you hold with us;
d) to understand your shopping behavior in order to develop and improve our products and services;
e) to check and verify your identity and prevent and detect crime; and
f) to comply with legal and regulatory requirements.

DISCLOSING YOUR INFORMATION

We use your information only as set out in this Privacy and Cookies Policy and will not sell, rent or pass your information on to others for marketing purposes without your express consent (see section entitled Marketing and Research below). This is statistical data which will not include information that could identify any individual.

We may also release account information where we believe in good faith that this release is reasonably necessary to comply with the law.
We may also disclose your information to third parties in connection with the sale, transfer or disposal of our business, provided that they continue to use your information substantially in accordance with the terms of this Privacy and Cookies Policy.

PAYMENT PROVIDERS

All vinylcoffee.co.uk financial transactions are handled through payment services provider PayPal. You can review their privacy policy at www.paypal.com. Vinyl Coffee will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via vinylcoffee.co.uk, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

DATA TRANSFERS

We (or third parties acting on our behalf) may store or process information that we collect about you within the European Economic Area.

SECURITY OF YOUR INFORMATION

We follow strict technical and organisation security procedures in the storage and disclosure of information, which you have given us. This is to prevent the loss, unauthorised access or unlawful processing of your personal information. We keep your information confidential and store it on a secure server which is password protected and hidden behind a firewall from the outside world.

However, whilst we have used our best efforts to ensure the security of your data, please be aware that we cannot guarantee the security of information transmitted over the Internet.

MARKETING AND RESEARCH

With your consent, we may contact you:

a) with offers and information about our products or services;
b) with offers and information about participating retailers’ products or services; and
c) for customer research, e.g. to help improve our services.

You may indicate your consent to the above when on our Websites by ticking boxes indicating your consent.

You may opt-out from receiving marketing communications at any time by:

a) following the opt-out instructions contained in the communications that we send you, such as clicking on the “unsubscribe” link on any email newsletter that we send to you;
b) changing your marketing preferences when logging into your account online at each Website (as relevant); or
c) emailing us at the relevant email address in the Contact Us.

WHAT ARE YOUR RIGHTS?

You have the right to contact us by writing to us at enquiries@vinylcoffee.co.uk in order to find out what information we hold about you or to access, cancel or correct any information that we hold about you.

COOKIES AND GOOGLE ANALYTICS

Our Websites uses cookies and Google Analytics to collect information about your online preference. Cookies are small pieces of information sent by a web server to a web browser which allows the server to uniquely identify the browser on each page.

LINKS TO OTHER WEBSITES

This privacy and cookie policy does not cover the links within our Websites linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

CHANGES TO THIS PRIVACY AND COOKIES POLICY

We may update or amend this Privacy and Cookies Policy from time to time to comply with law or to meet our changing business requirements. Any updates or amendments will be posted on this page. We recommend you regularly review this page to ensure that you are always aware of our information practices and any changes to them. By continuing to use any of the Websites or our Loyalty Card, you agree to be bound by the terms of these updates and amendments.

CONTACT US

If you have any questions about how we collect, store and use your information, you may contact us at enquiries@vinylcoffee.co.uk

Version: February 2018