Convivium Records Limited (“us”, “we”) makes information available and provides goods and services via its website. In accessing this information or by making a purchase from this website the Customer (“the user”, “you”) agree to be bound by the following Terms and Conditions of Use as set out below in their entirety.
This website contains proprietary notices and copyright information, the terms of which the User agrees to observe and follow. We may amend these terms and conditions from time to time. This will be indicated by the inclusion of the date of any such amendment at the head of this document. It is the user’s responsibility to read and understand the terms and conditions as the use of the site will indicate the user’s acceptance of the terms and conditions as published including any changes that may have been effected since the user’s previous visit to the site.
If any provision or provisions of these Terms and Conditions of Use is held to be invalid or unenforceable then that provision or provisions only shall be struck out and the remaining provisions shall be capable of being enforced either individually or collectively.
Convivium Records Limited reserves the right at its sole discretion to prevent access to any user who is found to be in breach of these Terms and Conditions of Use.
Any failure to act on the part of Convivium Records Limited’s in relation to any breach of these Terms and Conditions of Use does not constitute a waiver of its rights to act in relation to that breach itself or in relation to subsequent breaches of whatever nature.
Disclaimers & Limitations
- The User expressly agrees that use of the Website and related services is at their sole risk. The Website, Materials and related services are provided on an “as is” and “as available” basis. We do not make, and hereby disclaim insofar as is permitted by law, any representation or warranty as to the accuracy, suitability for a given purpose be it express or implied, or continued availability of the services, products or information from time to time made available on this site whether in relation to the technical or factual qualities of the information, the possibility of infringements of third party rights, or any other particular. We make no representation or warranty as to the ability to use the site without interruption of service or without exposure to data or code that might prove injurious to the computer, software or data owned or controlled by the user.
- Convivium Records Limited reserves the right to change any content on this Website, including but not limited to revising and/or deleting or adding features or information without prior notice to users.
- Unless expressly set out in these terms and conditions, neither Convivium Records Limited, nor any of its directors, employees, agents or other representatives shall be liable for any loss or damage of any kind howsoever arising from use of this website.
- The content on this website is made available subject to the laws and regulations in force in the United Kingdom. We make no representation that in relation to other jurisdictions the content is free from restrictions whether in relation to the importation of goods, the prohibition on use of certain classes of intellectual property or otherwise; consequently any use of the website from outside the jurisdiction of the United Kingdom is entirely at the user’s own risk and subject to the user ensuring that the use is lawful and compliant with all relevant legislation within their own jurisdiction.
- We have no control over websites to which the user may link from the Convivium Records website and we cannot be held responsible for and disclaim all liability in relation to content that is held on such sites. All external Websites are accessed at the users own risk.
- The limitations set out in the preceding paragraphs shall operate to the maximum extent permitted by law and consequently do not seek to limit such rights and liabilities that by operation of statute or other law are not capable of exclusion or limitation.
- The Convivium Records website, and the devices which service it, host and broadcast data in various forms so as to allow sound recordings, music, videos, words, pictures, photographs, artwork, and logos (“the content”) to be displayed and made available on or via the website. The content and databases, and variously the design thereof, hosted on the website are owned by or licensed to Convivium Records Limited and are protected by copyright, phonographic rights and other rights categorized as intellectual property laws. Except as expressly provided by these terms and conditions, the user is not permitted to download, copy, reproduce, alter, re-record, perform, publish, broadcast, share, upload or in any other manner disseminate or otherwise transmit, any of the content whether for pecuniary advantage or otherwise. Any publication, reproduction, public exhibition or further distribution of the content provided at this Website, whether in whole or in part, is strictly and expressly prohibited.
- Unauthorised use of the content whether in the manner set out in the preceding sub-paragraph or otherwise may render the user subject to civil or criminal proceedings and thereby financial penalty for copyright infringement.
- Where the content is made available free of charge it remains subject to copyright as above and any unauthorized copying, reproduction, alteration, publishing, broadcast, sharing, uploading or other form of dissemination or transmission is prohibited.
- Orders placed to purchase physical product via the website will be accepted and a contract for its delivery formed between you and us where:
- You have selected a physical product (CD) which is available for delivery; and
- You have entered payment details which have been verified by our third party online secure banking company, PayPal Limited; and
- We have acknowledged, by delivery of an email to you, that your order has been successfully received and accepted by us. Delivery will then occur as per the delivery terms and conditions (see paragraph 4).
- The contract is complete once the customer has received the physical product.
- Orders placed in relation to the download of content will be accepted and a contract formed between you and us for it to be made available to download where:
- You have selected content in the format appropriate to your needs and equipment having first checked the information provided about digital downloads;
- You have entered payment details which have been verified by our third party online secure banking company, PayPal Limited; and
- We have acknowledged, by delivery of an email to you, that your order has been successfully received and accepted by us.
- Where content is made available to the user in the form of a download, notwithstanding the use of the word “purchase” or “buy” at any stage within the process, any transaction between us will take the form of a grant of a non-exclusive, revocable and non-assignable license to download and thereby have access to the content specified in the order. The license does not convey ownership or any property right or interest in the content but permission to download and use the content. This permission extends to the user only and is for the user’s personal and non-commercial use only.
- Once the product has been delivered as per the delivery terms and conditions (see paragraph 4), the contract is complete.
- All prices given are exclusive of delivery costs, where applicable.
- Convivium Records Limited is not currently VAT registered so prices are not subject to VAT but may become so registered in future.
- Successful orders for non-downloadable items will be dispatched by first class mail (Air Mail for countries outside the UK) as soon as possible. This is generally within 1-3 working day unless your order includes a “pre-order” item in which case the items will be dispatched shortly before the relevant release date. We are not able to track these packages nor guarantee the speed of postal services or their susceptibility to industrial action. Orders over a certain weight will be shipped using a specialist courier such as UPS and these can be tracked. Transactions that include pre-orders will be dispatched on the date specified at the time of purchase (and in any case no more than 30 days in the future). Should circumstances make this impossible, we will contact you to agree an alternative dispatch date.
- Successful orders for download content will result in the content being made available for download from a link provided by email upon confirmation of payment. The link allows 5 days from the day of delivery in which the download of audio material must be completed.
Returns, Cancellation & Complaints
- If you wish to cancel an order for a physical product (CD) you have the right to do so, providing you contact us within 14 days of receipt of the item and providing that the shrink-wrap or cellophane layer enclosing the item has not been damaged or otherwise unsealed. The cancellation period will expire 14 days after you have received the physical product. If you wish to exercise your right to cancel you must notify us of your decision to cancel this contract by a clear written statement (ie. by email or letter) to the address supplied below. You may, but are not obliged, to use the below model cancellation form, included at the end of this paragraph. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel to the correct address before the cancellation period has expired. If cancellation is by post the letter must be sent by first class pre paid post or where relevant by first class airmail.
- A refund will be made once the physical product has been returned and received by us, but only of the price paid by you for the item in question, including outward delivery charges, and not for the price of returning the item itself. We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of any damage caused by you. To return an item you are requested to enclose a note giving the reason for the return along with the Convivium Records Limited original invoice. You are responsible for packing the product securely and sending it to our address set out below. You are required to pay the actual cost of returning the product by first class pre paid post or by the airmail equivalent. We will make the reimbursement without undue delay, and not later than14 days after the date upon which we safely receive the returned product in question, or in the event that you have fully complied with these terms within 14 days running from the date upon which you provide evidence to our reasonable satisfaction that you have taken all reasonable and necessary steps to return the goods. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, we will not charge you any fees as a result of the reimbursement.
- Defective or Faulty CDs or Booklets
- We will replace items if they are found to be defective or faulty within 14 days of receiving the faulty item from the Customer, subject to a time limit of 6 months from the date of purchase, but not after this time has expired. If you think a compact disc is faulty, we recommend that you try the disc on another CD player before you return it. To return a defective or faulty CDplease provide a full description of the fault and the Convivium Records Limited invoice giving details of the track number and time where the fault occurs and only return the actual defective part, for example, a faulty CD from a set. You do not have to return the jewel case or booklet. Package the faulty CD securely and send it to the address below following the same procedure for returning products referred to above in this paragraph. All defective or faulty discs will be checked for a defect before a replacement is sent.
- If a booklet is faulty email us at firstname.lastname@example.org.
When emailing us, please provide the catalogue number of the recording in question and a description of the problem and we will then be able to send you a replacement. Please remember to include your postal address in the email: it is surprising how many people forget to do this.
- Download Content:
- We regret that once content has been made available for download and the process of downloading that content has begun we are unable to accept a cancellation or provide a refund in relation to orders made in error.
- In the unlikely event that the user encounters problems with the quality of the content that they have downloaded they should contact us at email@example.com and we will use our best endeavors to address the situation.
- We are not responsible for any difficulties or problems of whatever nature that the user might encounter with the reproduction of the musical content they have downloaded or have attempted to download that relate to compatibility with the user’s software and/or hardware or for anything whatsoever that has its cause in defects or inadequacies of whatever nature relating to any device or software used for the purposes of the reproduction of music contained in digital downloads and it is the user’s responsibility to ensure that they have checked the information provided on digital downloads prior to purchase for the purpose of determining suitability. It is for you to ensure that you are familiar with the technology that you use and for your own competence to use the same to its best affect.
- Return Items Address & Complaints:
- Please return items to Convivium Records Limited, Customer Returns, 15 Thorncroft Road, Fratton, Portsmouth, PO1 5BJ, UK. Any complaints can be sent to the same address or by e-mail to firstname.lastname@example.org. You can also contact us on 020 3129 3542.
- The returns and cancellation policy outlined in this paragraph does not in any way affect your statutory rights.
- Model Cancellation Form:
To Convivium Records, 15 Thorncroft Road, Fratton, Portsmouth, PO1 5BJ, UK: I hereby give notice that I wish to cancel our contract of sale of the following goods:
- Any personal information provided or to be gathered by Convivium Records Limited is controlled primarily by Convivium Records Limited (Company registration No 07671871) having its registered office at 12 The Old Flour Mill, Queen Street, Emsworth, Hampshire, England, PO10 7BT. Convivium Records Limited adheres to principles enshrined in the Data Protection Act of 1998 and EU Directive on Privacy and Electronic Communications (2002/58/EC). We are able to receive and store any information you enter on our website or give us except in relation to your credit card details. You can choose not to provide certain information, which will mean that you might not be able to take advantage of certain site features.
- The information we learn from our customers helps us to improve your shopping experience at conviviumrecords.co.uk. We use the information to handle orders, deliver products, process payments, communicate with you about orders and products, update our records and generally maintain your account with us. We also use this information to improve our web shop, prevent or detect fraud or abuses of our website. By using the site you agree to our use of the data we receive for these purposes.
- Credit card transaction details (credit card number, credit card expiry date) are transmitted to our third party online secure banking company, PayPal Limited. Convivium Records Limited does not have access to this information at any level.
- Information about our customers is an important part of our business and we do not sell it to others. We share customer information only as described in this paragraph, and subject to this Privacy Notice, to the UK Data Protection Act 1998 and EU Directive on Privacy and Electronic Communications. We may occasionally employ other companies and individuals to perform functions on our behalf. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the UK’s Data Protection Act 1998.
Enforceability & Extent of Terms & Conditions
Should any part of these terms of conditions be held to be unenforceable or otherwise invalid, then that section shall be treated as being severed from the remainder of these terms and conditions and those remaining terms and conditions shall be applied in such a manner as best gives effect to the original intention of the parties. These terms and conditions and the information on the website to which they relate, particularly in relation to the price of Content and physical product, encompass the whole of the agreement between the user and us and may only be varied by us in writing and via publication of any amendments on this website.
Any dispute arising out of the use of this website or of the services provided via the website shall be adjudged in accordance with English Law and the High Court of Justice in England shall be the sole court of jurisdiction.