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1. Definitions
1.1 ‘Buyer’ means the person that is named on the invoice. 1.2 ‘You’ means the buyer. 1.3 ‘We’, ‘our’, ‘us’ means Diverse Music & Vinyl Ltd, T/A Diverse Vinyl. 1.4 ‘Invoice’- this is the document titled ‘invoice’ received on completion of the ‘contract’. 1.5 This is the legally binding agreement between the buyer and Diverse Vinyl. 1.6 ‘Contract’ this term refers to any legally binding agreement between Diverse Vinyl and the buyer. 1.7 ‘Goods’ and ‘Products’ are the physical items detailed on the invoice. 1.8 ‘End User’ this is the person who will use the goods-not necessarily the buyer.
2. Terms and conditions of sale:
2.1 The buyer agrees to pay Diverse Vinyl for the goods supplied. 2.2 Goods can be paid by either Credit or Debit Card transaction or PayPal. 2.3 The Goods ordered by the buyer will be despatched upon the receipt of payment from the buyer, to the address specified on the order. 2.4 Whilst all care is taken by Diverse Vinyl to describe all products as accurately as possible there may be slight variations between the products shown on the website and the products received. 2.5 Diverse Vinyl reserves the right to change or modify any of their products without prior notice. 2.6 If the buyer has not received the goods in accordance with the invoice then it is the responsibility of the buyer to inform Diverse Vinyl of any suspected discrepancy. 2.7 For orders outside of the UK, Goods will only be sent to the Buyer’s billing address, ie. the address registered directly with the credit card issuer or paypal account, and only upon receipt of a complete credit card authorization form. 2.8 Orders are taken subject to availability of products. If we do not supply any products ordered for any reason, we will refund any money already paid for those products including postage costs.
3. Receipt of Products:
3.1 Once the goods have been received by the buyer, all responsibility for their use is with the buyer themselves. 3.2 If the buyer is not the end user then it is the buyer’s responsibility to ensure the end user is aware of all terms of this contract in particular the conditions as to the use of the product. 3.3 Diverse Vinyl accepts no responsibility for any loss arising out of negligent use of the products by the end user or by any third party. 3.4 The instructions as to the use of the goods must be read and understood in its entirety prior to use. 3.5 If there are no instructions accompanying the goods then please contact sales at: orders@diversevinyl.com who will provide the buyer with a copy of the relevant information. 3.6 In the event that any instruction is not understood or if there are any queries as to the use of the products then the products must not be used until such time as the buyer is satisfied as to the correct use of the products. 3.7 Diverse Vinyl will try within all reasonable limits to ensure any queries relating to its products or goods are answered to the buyers satisfaction.
4. Limitations:
4.1 In any event, Diverse Vinyl shall not be liable under, or in connection with these terms and conditions in contract, tort, negligence, pre-contract or other representations or otherwise for any damages or consequential loss whatsoever. 4.2 The provision of this clause (Clause 4) shall be construed separately, applying and surviving even if for any reason one or all of the other clauses are deemed inapplicable or unenforceable in any circumstances and shall remain in force not withstanding the expiry or termination of our agreement.
5. Use of Products:
5.1 All products, unless otherwise stated, are for the intended use only. They must not be tampered with or changed in any way – any changes or alterations made to products will immediately invalidate any applicable warranty. 5.2 It is the buyer’s responsibility to ensure that the products are used in full accordance with the instructions. 5.3 Diverse Vinyl cannot accept any responsibility whatsoever for any loss or injury resulting from the proper or improper use of their products. 5.4 Diverse Vinyl cannot accept any responsibility whatsoever for any damage or loss caused to any third party equipment as a result of the installation or use of its products. 5.5 Diverse Vinyl will not accept liability for use of any of its products that is not in accordance with the instructions enclosed with each purchase.
6. Products & Services:
6.1 Diverse Vinyl would be more than happy to accept ideas from customers relating to the types of products sold and/or the design of products. Contact us at orders@diversevinyl.com 6.2 The effectiveness of Diverse Vinyl goods and products depends on the user, in most cases the desired effects are achieved. However there is no guarantee of their effectiveness in every case.
7. Exclusions:
7.1 Whilst Diverse Vinyl tries to ensure that all of our products and services meet the high standards expected by our customers there might be certain times when we may be unable to meet them, these are detailed but not limited to the events listed in clause 7.2 below. 7.2 Force Majeure- where there are circumstances beyond our control e.g. Acts of God, strikes, lock outs, accidents, war, acts of terrorism. This list does not exclude other such events beyond our reasonable control. 7.3 In any such event as detailed in 7.2 Diverse Vinyl shall try to resolve any such problem insofar as it is practicable.
8. Returns:
Please refer to the separate information on returns and refunds from the above menu.
9. Applicable Law:
9.1 We reserve the right to change our terms and conditions without prior notice in accordance with the relevant or applicable law. 9.2 If you have any queries regarding these terms then please contact Diverse Vinyl at: orders@diversevinyl.com. We will try to resolve any queries as soon as possible. 9.3 Each of the Clauses of these Terms and Conditions shall be construed separately (unless otherwise stated) and independently of each other. Invalidity of any one part shall not affect the validity of any other part. 9.4 This agreement shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts. 10.5 Your statutory consumer rights are unaffected by these terms and conditions.