These Terms were last updated on: 19 September 2017.
Part A of these Terms applies to the use of the Cherry Red Records website, www.cherryred.co.uk (“Website”), and Part B of these Terms applies to any use that you make through our pledge site www.cherryredbespoke.com(“Pledge Site”).
Changes to the Website and Pledge Site: We reserve the right to make changes to the Website, the Pledge Site, the disclaimers and these terms and conditions (or any part of them) at any time.
The owner of the Website and the Pledge 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 01392729.
Your contract for purchases made through the Website 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.
You must be eighteen years old to use the Website. If you are under eighteen, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the Website.
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.
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.
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
You agree that e-mail can be used as a long-distance means of communication.
This confirmatory e-mail will contain all relevant statutory information concerning your contract.
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.
The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 37 below from time to time.
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.
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.
If there are any changes to the details supplied by you it is your responsibility to inform Cherry Red Records as soon as possible.
All purchases are subject to our standard Returns Policy.
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:
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.
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.
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.
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.
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.
Cherry Red Records will do its best to correct errors and omissions as quickly as practicable after being notified of them.
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.
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.
The products sold on the Website 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 Website or for any products or services purchased from Cherry Red Records
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.
Processing of orders
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.
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.
Our standard Returns Policy applies to all purchases from Cherry Red Records.
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 in case of a delay. We will always attempt to dispatch your order complete.
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.
Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
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.
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.
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.
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.
You may not permit, create unauthorized framing of, or deep linking to, the Website or the creation of derivative works thereof from any other website under your management or control.
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 Website shall be owned by us absolutely.
Subject to the license granted to you to use the Website, Cherry Red Records reserves all rights, title and interest in its Intellectual Property Rights in the Website. 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.
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.
We reserve the right to terminate this Agreement and to suspend or terminate your access to the Website immediately and without notice to you if:
you fail to make any payment to us when due;
you breach the terms of this Agreement (repeatedly or otherwise);
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;
we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Website.
Cherry Red Records may amend these Terms from time to time, and place the new version on the Website. 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 Website 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 Website. Your continued use of the Website 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 Website.
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.
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.
Our Pledge Site allows an individual (a “Contributor”) to (i) pre-order bespoke products including but not limited to vinyl, CD and merchandise of an artist (“Product(s)”) and (ii) by pledging an amount of money (“Pledge”) to contribute to the cost of creating, producing, manufacturing and distributing that Product. Collectively, we refer to these services as “the Service”.
Each proposed Product will be accompanied by a project (the “Project”) which will set out: (i) the amount you can contribute as your Pledge and (ii) the Project deadline to make a Pledge (“Deadline”).
The Service is operated from the website cherryredbespoke.com (“Pledge Site”). The Pledge Site and Service are owned and operated by 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.
To participate in the Service you must read and accept all of the terms and conditions of this agreement. We may modify the Terms, in our sole discretion, by posting amended terms to the Pledge Site and notifying you of such changes. Your continued use of the Service indicates your acceptance of the amended Terms. If you reject the changes please refrain from using the Pledge Site.
In order to use the Services and/or make a Pledge you will need to register with the Pledge Site and create an account (“Account”). This account is unique to you and you will only be able to register (and we will only accept) one subscription per account. You can create an Account by either (i) clicking ‘Create Account’ on the site’s homepage; or (ii) by when making a Pledge as part of the payment process. You may only use your Account for your own benefit. By using the Service you confirm that you are not acting for the benefit of any other person.
You must immediately notify us of any unauthorised use of your email address, password or Account or any other breach of security. We may require you to provide us with identification or other documentation in order to help us prevent fraud or money laundering taking place on the Pledge Site. This may include photographic identification and recent proof of address. We may also undertake our own identity, fraud and credit checks.
You must ensure that you exit from your Account at the end of each session. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
You will not provide us with any false personal information, create an account for anyone other than yourself, not share your password, let anyone else access your Account, or do anything else that might prejudice or put at risk the security of your Account. You will not transfer your Account to anyone else or to any third party. We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Service under your Account.
DO NOT SHARE YOUR ACCOUNT WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR ACCOUNT OR ANY USE OF YOUR ACCOUNT BY ANY OTHER PERSON. IF YOU THINK ANY OTHER PERSON KNOWS YOUR ACCOUNT HAS BEEN USED BY ANY OTHER PERSON, YOU MUST INFORM US IMMEDIATELY.
If you do not log into your Account for 12 months, we may terminate the Account.
Responsible Use / Code of Conduct: As a condition of participation in the Service you will not to use the Services for any purpose that is unlawful or prohibited by these Terms. We may remove any content or Account at any time for any reason at our sole discretion.
You agree not to:
impersonate any other person or entity;
falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
falsely describe your affiliation with another person or entity;
use or attempt to use another’s account;
solicit personal information (including passwords and banking information) from another person.
We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in the Pledge Site or Services. You must evaluate, and bear all risks associated with, the use of the Pledge Site or Services or any reliance on the same. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Pledge Site.
Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user: 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 and for fraud or fraudulent misrepresentation;
If you are a business user: we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We do not guarantee that the Pledge Site or the Service will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Pledge Site for business and operational reasons.
Trademark and Copyright: Cherry Red Records, Cherry Red Bespoke are trademarks of Cherry Red Records Ltd. All other intellectual property rights in and to other names, logos, icons and marks identifying Cherry Red Records Ltd’s products and services (including the Service) are owned and/or controlled by are Cherry Red Records Ltd. The aforementioned may not be used without the prior written approval of Cherry Red Records Ltd. All rights not expressly granted in these Terms are reserved.
How to make a Pledge:
Pledges may only be made through Paypal, and payment will be subject to any terms Paypal apply from time to time.
We will set out on the Pledge Site the Pledge amount for the particular Project.
In order to make a Pledge you must be over 18 years of age and possess a bank account via a Paypal account. In making and placing your Pledge you undertake that all details you provide to us are true and accurate, that you are an authorised user of the Paypal account used to make your Pledge and that there are sufficient funds to cover the value of your Pledge and, consequently, your purchase of the Product(s).
We and/or Paypal may authorize or reserve a charge on your credit card (or other payment method) for any amount up to the full amount of your Pledge, at any time between the making of the Pledge and the collection of funds. You agree to provide your payment information at the time you Pledge for a Project.
When you make a Pledge, we will not take payment until the Project has reached its target upon which the Pledge will be automatically processed and you will receive an automated email. In the event a Project fails to reach its target within the Deadline, the Pledge will automatically be cancelled and payment will not be automatically processed by us but remain in your Paypal account and we will contact you by email to confirm.
You may cancel your Pledge at any time prior to us notifying you that the Campaign has reached its target. Please email firstname.lastname@example.org or call 0208 996 3120 to request a cancellation.
Refunding your Pledge: you make Pledges entirely at your own risk.
Once a Project has reached its target, and therefore a Pledge is automatically processed by us, but before the Product has been dispatched, you may cancel and request a refund.
If a Product has been dispatched to you by us, you will have 14 days from delivery of the Product to cancel and request a refund. However, you will be responsible for the cost of returning the Product to us. Please see our Delivery terms on our site for further information as to how we deliver Product(s).
Similarly we may, at our sole discretion, refund you for any Product you have not received.
Refund will be credited to your Paypal account used to make the Pledge. , and can take 3 to 4 working days to process. All returned Product(s) should be returned to us in its original packaging. You must package the Product responsibly and send by recorded delivery or registered post to Cherry Red Records, 1-5 Power Road Studios, Power Road, London, W4 5PY.
We do not guarantee that we will be able to collect the full amount of money committed by contributors to any Project. We reserve the right to cancel and terminate any Project at any time and cancel all Pledges for that Project at any time for any reason.
Limitation of Liability: TO THE FULLEST EXTENT PERMISSIBLE BY ANY APPLICABLE LAWS THROUGHOUT THE WORLD, IN NO EVENT WILL CHERRY RED RECORDS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, THE SERVICE, OR OTHERWISE ARISING FROM ANY CAMPAIGN OR VINYL PACKAGE, OR ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR THE SERVICE, EVEN IF CHERRY RED RECORDS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHERRY RED RECORD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PLEDGE PAID, IF ANY, BY YOU TO CHERRY RED RECORDS FOR THE SERVICE, BUT IN NO CASE WILL CHERRY RED RECORD’S LIABILITY TO YOU EXCEED £500
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
External links/third-party sites: where the Pledge Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
You agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with claim arising out of: claim arising out of:
any fraud or fraudulent misrepresentation you commit;
any inaccuracy or defect of any of the information you have provided to us;
any breach of applicable law or regulation you commit;
any other person’s use of your Account;
any breach by you of the Terms;
third party claims arising from your use of the Pledge Site, any of your content or any use of your Account (whether or not such use was by you).
You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Miscellaneous provisions: (i) these Terms supersede all prior agreements and undertakings between you and Cherry Red Records (save for any fraudulent misrepresentations) and constitutes the entire agreement between you and Cherry Red Records relating to the subject matter of these Terms; (ii) no failure on the part of either party to exercise or to enforce any right given to it by these Terms or at law or any custom or practice of the parties at variance with these Terms shall constitute a waiver of either of the parties’ respective rights under these Terms or operate so as to prevent the exercise or enforcement of any such right at any time; (iii) unless expressly provided in these Terms, no term of these Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it, and the parties to these Terms may terminate or vary any of the terms without the consent of any third party; (iv) these Terms and all disputes arising in connection with the Pledge Site, Services and/or subject matter of these Terms shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts; (v) if any provision of these Terms is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Terms had been executed with the invalid provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Terms, the parties shall immediately commence good faith negotiation to remedy such invalidity.