These terms of use set out the terms of use on which you may make use of our website at www.phonicarecords.com (“the Website”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Website. By using the Website, you confirm that you accept these terms of use and that you agree to comply with them.

On 1st January 2021, the UK will leave the EU and there will be certain changes concerning the payment of VAT on website orders sent to EU countries. Please email us at customerservice@phonicarecords.com for the latest regulations and we will update the terms and conditions when we are certain of the changes in the regulations.
 
PHONICA RECORDS

The Phonica Records Website is a site operated by Phonica Records (the trading name for Vinyl Factory Records Limited which is a limited company registered in England (company no.04625246 ) with registered office  at 15 Newland, Lincoln, LN1 1XG, United Kingdom. Our VAT number is GB 830975413
 
CHANGES TO THESE TERMS
 
Phonica Records may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding.

PART A – GENERAL WEBSITE TERMS
 
1. Changes to the Website

    1. We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
    2. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

2. Accessing The Website

    1. The Website is made available free of charge.
    2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted.
    3. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
    4. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

3. Registration

    1. When purchasing a product displayed for sale on the Website (a “Product”) you will be given the option to register by providing certain information including a member (user) name, a password and a valid email address ("Registration Data"). If you take up this option you agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. Our use of that information will be in accordance with our Privacy Notice. You agree that you will not allow others to use your username, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify us at customerservice@phonicarecords.com immediately of any unauthorised use of your password and/or account. Phonica Records  shall not be responsible for any losses arising out of the unauthorised use of your Registration Data and/or account and you agree to indemnify and hold harmless the company and its officers, partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorised or illegal uses of the same.
    2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

4. Intellectual Property Rights & Content

    1. Phonica Records is a registered Trade Mark.
    2. Phonica Records is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    3. You must not use any part of the content on the Website for commercial purposes without first obtaining our permission.
    4. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

5. Limitation Of Our Liability

    1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
    3. We will not be liable to any user 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, the Website; or
       §  use of or reliance on any content displayed on the Website.
    4. If you are a business user, please note that in particular, we will not be liable for:
       §  loss of profits, sales, business, or revenue;
       §  business interruption;
       §  loss of anticipated savings;
       §  loss of business opportunity, goodwill or reputation; or
       §  any indirect or consequential loss or damage.
    5. If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and the Group will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    6. The Group will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

6. Viruses

    1. We do not guarantee that the Website will be secure or free from bugs or viruses.You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
    2. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

7. Third Party Links And Resources In The Website

    1. The Website may present links to third party websites not owned or operated by the company. These links are provided for your information only.
    2. The company is not responsible for the availability of these sites or their contents. We have no control over the contents of those sites or resources and you agree that the company shall not be responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

8. Acceptance Of Terms And Conditions

    1. By placing an order on the Website you accept the terms and conditions detailed below ("the Conditions").
    2. Phonica Records reserves the right to make changes to the Conditions relevant to them at any time and you will be subject to the relevant Conditions as published on the Website at the time you place your order.
    3. Please note that VAT invoices are issued on request.

9. Placing Orders for Physical Products

    1. The Website will guide you through the steps you need to take to place an order with us for physical Products. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each step of the order process.

    2. After you successfully place an order you will receive an e-mail from us acknowledging that we have received it.  However, please note that this does not mean that your order has been accepted.  We will confirm our acceptance to you by sending you an email.

    3. If we are unable to supply you with the physical Product, for example because it is not in stock or is no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Website we will inform you of this by email and we will not process your order. If you have already paid for the physical Product, we will refund you the full amount including any delivery costs charged as soon as possible.

   4. Please note - many of the items that we stock are limited and we want to ensure that all our customers have a fair & equal opportunity to purchase copies of such items. Therefore any orders that are deemed to be unfair and used for resale purposes at a higher price will be amended to 1 unit per record, in order to maintain a fair distribution of such titles across our customer base.

10.  Pricing & Delivery Charges

    1. The prices of physical Products will be as quoted on the Website at the time you submit your order. We use our best efforts to ensure that the prices of physical Products are correct at the time when the relevant information was entered onto the system, but please see 10.5 below for what happens if we discover an error in the price of physical Products.
    2. Prices for our physical Products may change from time to time, but changes will not affect any order you have already placed.
    3. Where you have requested delivery to an EU address, the price paid for the Product and applicable delivery charges will include either UK VAT or the equivalent tax in the country to which the product is to be delivered. Where you have requested delivery to a Non-EU Country address, the Products and the delivery service will normally be zero-rated i.e. not subject to UK VAT. However the price paid by you for the Products and/or the delivery service will remain the same as shown on the Website. Note that under the EU VAT Distance Selling Regulations, VAT must be charged for deliveries within the EU at the appropriate rate for the country of destination.
    4. The price of goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges and options please add items to your crate, choose the shipping destination and delivery service you would like to use and a shipping cost will be displayed.
    5. It is always possible that, despite our best efforts, some of the goods on the Website may be incorrectly priced. If we discover an error in the price of the Product we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product to you at the incorrect (lower) price.
    6. Products delivered to destinations outside of the UK may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of your order is responsible for all customs formalities for the import of the Products, and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the UK. The recipient of the Products, not the person placing the order, will typically receive a separate request for payment of these charges when the goods arrive in the country of destination. If you are ordering Products to be delivered to someone else, please ensure they are aware that they will be responsible for these additional charges. Please note that in some countries, such as the USA and Canada, the person ordering Products may receive a request for payment of these charges, in which case you will be responsible for paying these additional charges. Payment by you or the recipient (as applicable) must be received by the relevant customs authority before delivery of the Products will be made. Unfortunately we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We advise that you check any customs formalities and the import charges applicable in any country before ordering Products to be delivered there. We will use commercially reasonable efforts to provide you with information which we hold which relates to the Product or order which you may need in order to arrange customs clearance.
    7. If an order is placed and restrictions that we were not aware of at the time the order was made are applied by the customs authority of the destination country, then we will cancel the order and return payment to you.

11. Your Right To Cancel The Contract

    1. When you buy physical Products online, you have cancellation rights detailed below. If you reside within the EU, you are entitled to these rights under the EU Directive on Consumer Rights 83/2011. If you reside in the UK, we offer the same rights to you, until new post-Brexit rights are established. 
    2. You may cancel your contract with us for physical Products you order at any time up to the end of the seventh working day from the date you receive the physical Products concerned. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
    3. You cannot cancel your contract if the physical Product you have ordered has been taken out of the sealed package in which it was delivered to you.
    4. To cancel your contract you must notify us in writing.
    5. If you have received the physical Products before you cancel your contract then unless, under 5.3 above you do not have a right to cancel, you must send the physical Products back to our contact address at your own cost and risk.
    6. If you cancel your contract but we have already processed the physical Products for delivery you must not unpack the physical Products when they are received by you and you must send the physical Products back to us at our contact address at your own cost and risk as soon as possible.
    7. On receipt of the returned physical Products in a resalable condition we will refund you the amount charged for the physical Products in question (excluding delivery charges) within 30 days.

12. Our Right To Cancel The Contract

    1. We reserve the right to cancel the contract between us if we have insufficient stock to deliver the physical Products you have ordered or we do not deliver to your area.
    2. If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card or PayPal as soon as possible. We will not be obliged to offer any additional compensation for disappointment suffered.

13. Delivery Of Physical Products To You

    1. We will deliver the physical Products ordered by you to the address you give us for delivery at the time you make your order.
    2. Delivery will be made as soon as reasonably possible after your order is accepted.
    3. You will become the owner of the physical Products you have ordered when they have been delivered to you or when items are made available for your ‘pick-up’ and you have been notified of this. Once physical Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

14. Liability for Physical Products

    1. If the physical Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the physical Products in question. We will only refund or replace items that either have a manufacturing defect or are damaged in transit. Please contact us on customerservice@phonicarecords.com before sending any returns back to us, as sometimes we will be able to send replacement items without having the damaged item sent back to us. In those cases we will ask you to provide photographic evidence via emailing customerservice@phonicarecords.com.
    2. If you do not receive the physical Products ordered within 28 days (in the UK), 25 working days (most of the rest of the world) and 60 working days (France, South America and Africa) of the date of our written confirmation of dispatch we shall have no liability to you unless you notify us in writing at our contact address no later than within 2 weeks after such 30 day period expires.
    3. If you notify a problem to us under clauses 8.1 or 8.2 above, our only obligation will be, at your option:
        §  to make good any shortage or non-delivery;
        §  to replace or repair any physical Products that are damaged or defective; or
        §  to refund to you the amount paid by you for the physical Products in question in whatever way we choose.
    4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the physical Products in question under clause 8.3(c) above.
    5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase physical Products from the Website. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

15. Credit Card Security

Phonica Records places great importance on keeping secure the credit card details you provide and uses security systems which comply with the Payment Card Industry Data Security Standard, a worldwide standard for data protection across the payment industry.

16. Force Majeure

Phonica Records shall have no liability to you for any failure to deliver any items which you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond the Group’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
 
17. Law And Legal Notices

These Conditions and any other terms or documents referred to herein represent your entire agreement with Phonica Records. If any part of the Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.The laws of England and Wales govern the Conditions. You agree that the English Courts have jurisdiction over any claim or dispute in respect of your use of the Website or your purchase of Products from Phonica Records.