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Terms and Conditions

Changes to the site: We reserve the right to make changes to this site, the disclaimers and these terms and conditions at any time.

General

1. The owner of this web site is Cherry Red Records Limited whose address is Cherry Red Records LTD, Power Road Studios, 114 Power Road, W4 5PY (‘Cherry Red Records' /‘we' /‘us'/‘our'). Registration number 1392792

2. Your contract for purchases made through the Site is with Cherry Red Records , and you undertake that any and all goods ordered by you are for your own private and domestic use only.

3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.

4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the goods, you will receive a full refund.

5. While we try and ensure that all release dates on our website are accurate, errors may occur. If we discover an error in the release date of an item you have ordered we will inform you as soon as possible and give you the option of waiting for the item or cancelling the order. If you cancel and you have already paid for the goods, you will receive a full refund.

6. No contract for the sale of any product will subsist between you and Cherry Red Records until Cherry Red Records dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Cherry Red Records of your offer to buy goods from Cherry Red

7. You agree that e-mail can be used as a long-distance means of communication.

8. This confirmatory e-mail will contain all relevant statutory information concerning your contract.

9. This confirmatory e-mail will contain notification should there be any problems of items within your order, should you have ordered multiple items. We will give the option to choose replacement items or receive a refund should we encounter any issues.

10. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 59 below from time to time.

11. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.

12. You undertake that all details you provide to Cherry Red Records for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

13. If there are any changes to the details supplied by you it is your responsibility to inform Cherry Red Records as soon as possible.

14. All purchases are non-exchangeable, non-refundable and non-transferable.

15. You may cancel your order at any time prior to your order being processed by emailing one of the following email addresses- Infonet@cherryred.co.uk /  We can also accept cancellations by telephoning 0208 996 3120 during normal office hours 10am- 6pm. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:

A) sending the notice of cancellation by email to infonet@cherryred.co.uk / leigh@cherryred.co.uk / jonsidwell@cherryred.co.uk ensuring that you quote your name, address and order reference number; or

B) where you have already received the goods, returning the goods to Cherry Red Records unopened together with the original invoice. Cherry Red Records will refund you the purchase price of the goods but not the postage costs unless we are at fault.

16. Once Cherry Red Records receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Cherry Red Records from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Cherry Red Records in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Cherry Red Records.

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Liability

22. This section applies only to the extent permitted by law. For the avoidance of doubt, Cherry Red Records do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Cherry Red Records's negligence or wilful default, or that of Play.com's employees (b) fraudulent misrepresentation.

23. Cherry Red Records does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

24. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.

25. Cherry Red Records will do its best to correct errors and omissions as quickly as practicable after being notified of them. .

26. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Cherry Red Records shall, at its own option, make good any shortage or non-delivery, replace damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Cherry Red Records of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

27. You and Cherry Red Records will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

28. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Cherry Red Records do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Cherry Red Records

29. In order to give customers increased confidence and protection Cherry Red Records is now using the MasterCard® SecureCode™ and the Verified by Visa (VbV) security programme from Visa. These systems enable you to use an additional security password when you make payments by Visa or MasterCard online. For further detail please visit either the MasterCard website or Visa website. Alternatively, please phone your bank for more information and assistance.

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Processing of orders

  1. If placing an order over the telephone, Credit and Debit cards are debited on the day of shipping by Cherry Red Records, otherwise all online orders placed using Paypal or Sagepay will be debited on the day the order is placed. All prices include sales taxes (where applicable) unless otherwise stated, and charge is made for shipping. .
  2. Cherry Red Records aims to arrange shipment of all ‘ in stock' items within 3 working days receiving your order. The orders will often turn around in 24 hours particularly with new releases. Your order may be delayed if the item is not in stock and awaiting repress.. Some items may be unavailable and the current stock status will be amended as this is discovered. You will be given the option of refund or replacement should this be the case.
  3. You can keep track of your order status by emailing us on infonet@cherryred.co.uk . Our standard Returns Policy applies to all purchases from Cherry Red Records.

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Delivery/title/risk

  1. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments, however this will only be a in case of a delay. We will always attempt to dispatch your order complete.
  2. If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Cherry Red Records advises each customer to contact their local customs office for further information.
  3. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
  4. For Christmas Deliveries, we recommend that you order by the 18th December for UK order, 15th for Europe and 13th for ROW. We will endeavour to dispatch all ‘in stock' orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.^

Miscellaneous

  1. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
  2. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
  3. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
  4. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
  5. In these Terms, ‘Intellectual Property Rights' means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
  6. Subject to the license granted to you to use the Site, Cherry Red Records reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Cherry Red Records and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in Cherry Red Records and its affiliates, as appropriate.
  7. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
  8. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
    1. you fail to make any payment to us when due;
    2. you breach the terms of this Agreement (repeatedly or otherwise);
    3. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
    4. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
  9. Cherry Red Records may amend these Terms from time to time, and place the new version on the Site. When Cherry Red Records do so, it will mention the fact on our home page (www.cherryred.co.uk). For users purchasing goods on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Cherry Red Record's posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
  10. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Cherry Red Records and you relating to your purchase. Cherry Red Records advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Cherry Red Records. We will store a copy of the contract entered into by you with Cherry Red Records. You are advised to read (and are responsible for reading) fully all information on this website.
  11. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

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