- Information About Us
- How These Terms Apply To The Sale Of Products
- About You
- Registration
- Placing An Order And How The Contract Is Formed Between You And Us
- Availability And Delivery
- Price And Payment
- Risk And Title
- Your Rights And Returns
- Our Refunds Policy
- Our Liability
- Import Duty
- Written Communication
- Notices
- Transfer Of Rights And Obligations
- Events Outside Our Control
- Waiver
- Severability And Third Party Rights
- Entire Agreement
- Our Right To Vary These Terms And Conditions
- Law And Jurisdiction
- Questions Or Complaints?
1. Information About Us
www.musicfromthevatican.com and musicfromthevatican.shop.venda.com are sites operated by Universal Music Direct Limited ("we"). We are registered in England and Wales under company number 6854191 with our registered office at 364-366 Kensington High Street, London W14 8NS. Our VAT number is 246297439.
2. How These Terms Apply To The Sale Of Products
2.1 These terms and conditions of sale (together with the documents referred to in them) set out the terms on which we supply any of the following products via our site to you:
- CDs
- DVDs
- Merchandise (i.e. T-shirts, books, posters)
(the "Products")
These terms do not apply to the sale of
- digital product;
- gift vouchers; and/or
- event tickets.
2.2 In addition, from time to time, product specific terms may apply in addition to or replace these terms in respect of certain products available on the site. For example, additional terms such as territorial restrictions may apply to album launches etc. These product specific terms will be clearly indicated and featured on the site in the order process for the relevant Product. In the event there is any conflict between the terms of sale and the product specific terms, the product specific terms shall prevail.
2.3 You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions of sale and if relevant any product specific terms. Please read these terms and conditions carefully before ordering any of the Products from our Site. If you have any queries on these terms please contact us before placing any order.
2.4 We recommend you print a copy of these terms and conditions for your future reference.
3. About You
3.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) Where a legal age classification for a Product is displayed that you are of the required legal age;
(d) You are purchasing Products for private, non-commercial use only; and
3.2 By placing an order for Products you agree that we may store, process and use personal data collected from you for the purposes of processing your order and fulfilling the Contract. We work with third parties that help us provide the Products to you including card payment and collection companies and delivery companies. For further information about how we may store, process and use your personal data please refer to our Privacy Policy.
4. Placing An Order And How The Contract Is Formed Between You And Us
4.1 After placing an order via our site, you will receive an e-mail from us setting out the details of your order and acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. You must check that the details on this e-mail are correct as soon as possible as your order represents an offer to us to buy a Product. We recommend you print out and keep a copy of that e-mail.
4.2 All orders are subject to acceptance by us, Payment becomes due at the point you complete your order on the website and we will debit your credit or debit card on completion of your order but this does not mean that we accept your order. We will confirm acceptance of your order by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). We recommend you print out and keep a copy of the Dispatch Confirmation.
4.3 If you wish to cancel your order before dispatch of the Product you may do so by informing us in writing at orders@universalmusic.co.uk and we will refund your payment in accordance with clause 9.1.1 and will not dispatch the Product. If you make a mistake when placing your order and wish to change your order, please cancel your order (and we will refund your payment) as set out in this clause; and then place your amended order.
4.4 The contract for the purchase of any Product will be between you and us and will only be formed when we send you the Dispatch Confirmation and we have received payment in full for the Products (Contract). Until we send you the Dispatch Confirmation and receive payment in full there is no contract between you and us for the Products. We reserve the right, in our sole discretion to reject an order we receive.
4.5 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation and for which we have received payment in full. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Availability And Delivery
5.1 All products featured on our website are subject to availability. We will endeavour to make it clear where Products offered are available for a limited time or in limited numbers. We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular goods will be in stock at a particular time.
5.2 We will endeavour to fulfil your order by the delivery date set out in the Dispatch Confirmation. Note however that all delivery times which we quote are estimates only, based on availability, order processing and arrangements with delivery companies. We will fulfil your order within 30 days of the date of the Dispatch Confirmation, unless it is a pre-order Product or there are exceptional circumstances. We will keep you informed by email if any of the Products which you have ordered are unavailable or there are delays with ordering/dispatching them.
5.3 Some Products may be made available for pre-order which means they will not be dispatched until the scheduled release date. We will send you an e-mail confirming the date on which this Product is dispatched.
5.4 Unless otherwise specified in the Dispatch Confirmation or you select "Express Delivery" when placing your order which is available for deliveries within the UK only as set out in the Delivery Guide, Products will be sent by standard post and are not capable of being tracked. If you have any queries about your order please contact orders@universalmusic.co.uk.
6. Price And Payment
6.1 Subject to clauses 6.2, 6.3, 6.5 and 19.2 the price of any Products will be as quoted on our site, except in the case of obvious error.
6.2 We use our best efforts to ensure the prices of Products displayed on our site are correct. However, our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we may at our discretion 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 at the time you placed your order, we will normally, at our discretion, either contact you for instructions before dispatching the Product (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
6.3 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 unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from the contract including any accepted Contract in the case of obvious and unmistakable pricing errors.
6.4 The prices on the site include VAT but exclude delivery costs, which if applicable, will be added to the total amount due as set out in our Delivery Guide at the time of checkout.
6.5 Prices are liable to change at any time, but subject to clauses 6.2, 6.3 and 19.2, changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.6 Payment for all Products must be by credit or debit card or PayPal. We accept the credit and debit cards displayed on the payment page of our Site from time to time. No other methods of payment will be accepted. As explained in clause 4.2, we will charge your credit or debit card when you complete your order on the website. You must only use your own credit/debit card or a card you are expressly authorised to use. All card payments and card holder details may be subject to validation checks by us and the card issuer.
7. Risk And Title
7.1 As soon as we have delivered the Products, you will be responsible for them.
7.2 We will retain ownership of the Products, which will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Your Rights And Returns
Non-receipt of Product
8.1 If you do not receive Products ordered by you within one month of the date on which they were dispatched to you, you must notify us within 21 days otherwise we shall have no liability to you.
Incorrect/Faulty/Defective Goods
8.2 We take great care in the dispatch and packaging of our items. In the unlikely event of faults with, or damage to, the Products or if you have received an incorrect Product please contact us at orders@universalmusic.co.uk. You must notify us within 21 days of receipt of the Product. If you fail to notify us, we will have no liability to you.
8.3 We will collect the Product or ask you to return the Product to us at our expense and once, acting reasonably, we have examined the Product and confirmed it is faulty/an incorrect delivery, we will at your option:
(a) provide you with a full or partial refund;
(b) replace the Products; or
(c) (if possible) repair the Product.
General Right to Return
8.4 In addition to the right to return above, whilst we hope you are delighted with your purchase, if you are contracting as a consumer (ie not purchasing goods on behalf of a business) and are based in the European Union, you can choose to cancel a Contract at any time within seven working days, beginning on the day after you received the Products (subject to clause 8.5). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
8.5 To cancel a Contract under clause 8.4, you must inform us in writing at orders@universalmusic.co.uk. If we receive confirmation that you wish to cancel the order before dispatch of the Product we will refund your payment in accordance with clause 9.1.1 and will not dispatch the Product. If you have received the Product and/or it has been dispatched you must return the Product(s) to us immediately at: Customer Returns, Norbert Dentressangle Logistics UK, c/o Universal Music, Stafford Park, 10 Telford TF3 3AB in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession and we reserve the right to seek compensation from you for any failure to comply with this obligation.
8.6 You will not have any right to cancel a contract for the Products under clause 8.4 if:
8.6.1 you have unsealed the packaging of audio or video recordings or any software;
8.6.2 the Product has been personalised for you or made to your specification; and/or
8.6.3 the Products are periodicals or magazines.
Return Packaging
8.7 If you are returning a Product it would be helpful if you would use the original packaging and outer cardboard when doing so. If you no longer have this packaging please include the name of the person who ordered the Product and the order number in the returned package. Note that if you have opened/unsealed the Product you will lose your right to return it in certain circumstances (see clause 8.6 for further details).
Return Address
8.8 For the appropriate return address please refer to the dispatch/delivery note accompanying your Products.
8.9 Further details of your rights and an explanation of how to exercise them, are provided in the Dispatch Confirmation. If you would like more information on your rights as a consumer, please contact your local citizens advice bureau or trading standards office.
9. Our Refunds Policy
9.1 When you return a Product to us:
9.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 8.4 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 19.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is faulty), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the Product. 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 (unless we organise and pay for the return).
9.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product.
10. Our Liability
Please Read This Section Carefully As It Sets Out The Limitations Of Our Liability To You
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Products.
10.2 If you or we are in breach of the Contract, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 Our liability for losses you suffer as a result of us breaking a Contract is strictly limited to the purchase price of the relevant Product.
10.4 We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
10.4.1 loss of income or revenue;
10.4.2 loss of business;
10.4.3 loss of profits or contracts;
10.4.4 loss of anticipated savings;
10.4.5 loss of data;
10.4.6 indirect or consequential loss of any kind;
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.5 This clause 10 does not exclude or limit in any way our liability:
10.5.1 for death or personal injury caused by our negligence;
10.5.2 for fraud or fraudulent misrepresentation;
10.5.3 for any deliberate breaches of these terms by us that would entitle you to terminate the Contract between us; or
10.5.4 for any matter for which we cannot exclude, or limit our liability under applicable law.
11. Import Duty
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties, levies and taxes which are imposed when the delivery reaches the specified destination. You will be the importer of record and will be responsible for payment of any such import duties, levies and taxes. We have no control over these charges and cannot predict their amount. We recommend you contact your local customs office for further information on what these charges may be before placing your order. Please note also that cross border deliveries could be opened and inspected by customs authorities.
11.2 Please note that you must 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.
12. Written Communication
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 e-mail or provide you with information by posting notices on our site. For contractual purposes, 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.
13. Notices
All notices given by you to us must be given to Universal Music Direct Limited at orders@universalmusic.co.uk. We will give notice to you at either the e-mail or postal address you provide to us as part of your account registration. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer Of Rights And Obligations
Neither you nor we may transfer, assign, charge or otherwise dispose of a Contract, or any rights or obligations arising under it, without the other's prior written consent. You agree however that we may sub-contract our obligations (ie contracting with a third party delivery company to deliver the Product) provided that we remain responsible to you for the performance of the Contract.
15. Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Waiver
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
17. Severability And Third Party Rights
17.1 If any of these terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms and provisions which will continue to be valid to the fullest extent permitted by law.
17.2 A person who is not a party to these terms of sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
18. Entire Agreement
We intend to rely upon these terms and conditions of sale and any document expressly referred to in them in relation to the subject matter of any Contract. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the Contract.
19. Our Right To Vary These Terms And Conditions
19.1 We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities.
19.2 You will be subject to the policies and terms and conditions of sale in force at the time that you order Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these terms and conditions of sale before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products or our entering into the Contract (as applicable)).
20. Law And Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Questions Or Complaints?
If you have any queries at all regarding this website, the products featured on the website or any of the terms, please do not hesitate to contact us via e-mail at orders@universalmusic.co.uk or via post at UMD Customer Services, Universal Music Direct Limited 364-366 Kensington High Street, London W14 9NS and we will be more than happy to assist you.
