1.1 These terms and conditions (Terms) govern your relationship with daily records (Austria), when you use our online services (Services), including the services on this website (the Site).
1.2 Unless we tell you otherwise, the services available on this Site are provided to you by daily records.
1.3 Please read these Terms carefully, since your use of this Site, including any transaction you make, is subject to these Terms (which include the information, instructions and service descriptions on the Site).
1.4 If you have any questions about these Terms please contact us using the details provided.
2. Changes to these Terms
2.1 We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates.
2.2 You will be subject to the policies and Terms in force at the time that you use the Site or that you order goods from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
3. Registration and Passwords
3.1 If a particular Service requires you to register with the Site or set up an account, you will need to complete a registration process by providing certain information and registering a password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
3.2 You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
3.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
3.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms. You may not use another person's account at any time without the express permission of the account holder.
4. Our Services
4.1 Our Site allows you to purchase physical products such as vinyl records, CDs, clothing and magazines.
4.2 You should ensure that your computer meets the minimum technical requirements for these Services, as stated on the Site. You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to your use of the software.
5. Making an Order
5.1 Follow the onscreen instructions on the Site to make an order.
5.2 Items which you select for purchase will automatically be placed in your shopping 'bag'. To remove an item from your bag, simply click on the 'remove' button next to the item as it appears in your bag.
5.3 Once you have clicked the 'proceed to checkout' tab you will be asked to provide certain information to allow us to process your order (including your selected payment method and card details).
5.4 You will receive an order confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order - this doesnīt ean that your order has been accepted. Your order represents an offer to us to purchase an item which is accepted by us only when we send you an email (Dispatch Confirmation) confirming:
1. that your product has been dispatched (in the case of physical products), or (if appropriate).
5.5 We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will immediately provide you with a refund.
6. Prices and Payment
6.1 Unless otherwise stated on the Site we can accept Visa, Visa Electron, Mastercard, Paypal, Precash and Cash On Delivery for payment. In some instances, we only accept payment by bank transfer and we will advise you prior to purchase where that is the case. Prices appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices for products at any time by posting new prices on the Site, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.
6.2 Prices exclude delivery charges, which will be added to the total amount due as set out in the Delivery section of our Site. Delivery charges applicable to your order will be calculated and displayed on screen prior to your payment details being taken.
6.3 It is always possible that, despite our best efforts, some of the items listed on our Site may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will usually, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
6.4 By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear on your credit card or bank statement as either "daily records Wolfsberg" or "daily records (Austria)"
6.5 Billing to your credit or debit card will take place prior to or at the time of dispatch in relation to physical production or at the time of your purchase or slightly afterwards for downloads.
6.6 Payment Security: Our site uses Secure Sockets Layer (SSL) Security which encrypts your credit or debit card data whilst it is being transferred over the internet. This helps to prevent interception of the data by other people. We also use up to date encryption technologies to protect the security of your payment details and log in information whilst we process your order.
7. Physical Products (CDs, Vinyl, Merchandise, Clothing etc)
7.1.1 You may cancel your purchase at any time within 14 days for any reason, beginning on the day after you receive the product. In this case, you will receive a full refund of the price paid for the product in accordance with our Refunds Policy below.
7.1.2 To cancel, you must inform us in writing. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.
7.1.3 Details of this 14 day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the Dispatch Confirmation for physical goods.
7.1.4 This right to cancel does not apply to:
1. (a)CDs and DVDs where the item has been unsealed.
7.1.5 Your statutory rights are unaffected by Section 7.1.4 above.
7.2 Delivery: Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
7.3 Risk and Title: Products purchased will be at your risk from the time of delivery. Ownership will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
8. Refunds Policy
8.1 If you cancel your purchase within the 14 day cooling-off period detailed in Section 7.1 above, we will process the refund due to you as soon as possible and, in any event, within 30 days of the day you gave notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of delivering the item to you. However, you will be responsible for the cost of returning the item to us.
8.2 If you cancel your purchase for any other reason (for instance, because you claim that the product is defective), we will examine the returned product and will notify you of your refund via email within a reasonable period of time.
8.3 We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.4 We will usually make any refund using the same method originally used by you to pay for your purchase.
9. Technical Problems
9.1 Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your only remedy will be either a replacement product or a refund, as determined by us. Your statutory rights are not affected.
9.2 We will not be liable to you for failures, defects or delays in delivery caused by:
9.2.1 your provision of incorrect information;
9.2.2 your computer failing to meet the minimum technical requirements for the Service;
9.2.3 your failure to comply with instructions for use of the Service; or
9.2.4 an event which is outside of our reasonable control.
10. Import duty
10.1 Products ordered from our Site for delivery outside Austria may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. Your Use of our Site, You may not:
11.1 act in any way that would damage, disable, overburden, or impair this Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
11.2 upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory, or use of which may be in breach of any third party's rights;
11.3 impersonate any person or entity or misrepresent your affiliation with any other person or entity;
11.4 exploit any information or other material obtained on or through this Site for commercial purposes;
11.5 engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping", or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using daily records cookies for purposes which are unrelated to the Services);
11.6 attempt to gain unauthorised access to other computer systems through this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
11.7 reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to this Site or the Services.
12. Site Content
12.1 All material on this Site, including text, graphics, photos, logos, button icons, images, music, audio and audio visual clips, databases, data compilations, data and software (Content) are the sole and exclusive property of daily Records or its affiliates and/or licensors.
12.2 Unless otherwise specified, this Site, the Services and Content are for your personal and non-commercial use only.
12.3 You may not use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the purpose of viewing their content and using the Services.
13. Objectionable Material
We do our best to filter unwanted material, but while using the Services you may encounter Content that you find objectionable or offensive, and which may or may not be identified as being of an explicit nature. You agree to use the Services at your own risk and we will have no liability to you for such Content.
14.1 We may, in our sole discretion, terminate your password, account or use of this Site without notice if you are in breach of these Terms or if we believe that your use of the Services is unsuitable.
14.2 Termination, suspension or cancellation of your access rights does not affect any other right or relief to which we may be entitled, at law or in equity.
14.3 On termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).
You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers (the Indemnified Parties), from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
15.1 any misrepresentation, act or omission made by you in connection with your use of this Site;
15.2 any non-compliance by you with these Terms; or
15.3 claims brought by third parties arising from or related to your access or use of this Site, including without limitation the information made available by you to this Site.
16.1 We warrant to you that any goods purchased from us through our Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
16.2 In relation to our supply of products via this Site (including physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise. This Section should not be interpreted to suggest that our Services are offered other than for your personal, non-commercial use only.
16.3 In respect of all aspects of the Site and Services other than our supply of products (and subject to the other provisions of this Section 16), daily records, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or the User Content or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.
16.4 This Section does not in any way limit our liability:
16.4.1 for death or personal injury caused by our negligence;
16.4.2 for fraud or fraudulent misrepresentation; or
16.4.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.5 Where you buy any product or service from a third party seller through our Site (other than a Seller), the seller's individual liability will be set out in the seller's terms and conditions.
17.1 Subject to Section 16 above, the Content (as defined in Section 15.1) is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Site).
17.2 We endeavour to ensure that information on our Site is correct, but we cannot guarantee the accuracy and completeness of the material on the Site. We may make changes to the Content, or to the products, services and prices described in it, at any time without notice. The Content may be out of date, and we make no commitment to update such material.
17.3 We may discontinue or alter any aspect of the Site or Services at any time in our sole discretion without prior notice or liability, provided that changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation (unless required to be made by law or governmental authority).
3. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
Links to third party websites from the Site are provided solely for your convenience. If you use these links, you leave the Site. We do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
20.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we will not be liable if for any reason the Site is unavailable at any time or for any period.
20.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
21.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
21.2 All notices given by you to us must be given to daily records at the address or email address specified in the Contact Us area of the Site. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
22.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms relating to such subject matter.
22.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
22.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
22.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
22.5 These Terms shall be binding on and ensure for the benefit of each party's successors in title.
23. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with Austrian law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the Austrian Courts as regards any claim or matter arising in relation to these terms. The place of general jurisdiction for all disagreements out of contractual relationships is of our own choice Wolfsberg (Austria), or any other court having the jurisdiction for the customer.
(daily records, September 2009)
24. Contacting Us
If you have any queries about these Terms, this Site or any of our Services please contact us using the contact details specified in the Contact Us area of the Site.
25. Customer Support
For customer support contact us through email (email@example.com), or write to: daily records, c/o Customer Support, Muehlgangweg 1/I, A-9400 WOLFSBERG (Austria).