This website is operated by Universal Music Direct Limited, a company registered in England with number 6854191 whose registered office is at 364-366 Kensington High Street, London, W14 8NS (“UMD”).
By submitting an order, you are accepting these Terms and Conditions. Orders for music (and video) downloads are subject to the terms of the End User Licence Agreement.
Use of this Website
Introduction
Where a legal age classification for an item is displayed on this website, by submitting an order for such item, you confirm that you are of the legal age required to view the relevant product.
UMD reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Website Materials
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on this website are protected by copyright and international laws. You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s).
Framing of this website is permitted only with UMD's express agreement, and any stipulation on how the framing will be displayed or made available on any third party site shall be at UMD's sole discretion. UMD reserves the right to withhold consent for any reason and in no circumstances shall any failure to monitor or control each instance of framing be considered a waiver of any of UMD's rights. Any framing by a third party shall not imply the endorsement or sponsorship of UMD.
UMD makes no representation or warranty and gives no undertaking that this website will be error free or that the service provided by the same will be uninterrupted. By using the Website, Materials or related services, you agree that Universal Music will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the website, Materials or related services whether due to inaccuracy, error, omission or any other cause.
UMD reserves the right to change any content on this website, including but limited to revising and/or deleting or adding features or information without prior notice to users.
For additional terms and conditions relating to music and music video materials available through this website please see the End User Licence Agreement – Streaming and Downloads.
Use in Breach of these Terms and Conditions
You will not use this website:
- that in any way breaches any applicable local, national or international law or regulation;
- that is in any way unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send or upload any material other than as expressly permitted under these Terms and Conditions or as otherwise set out in this website;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotion material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other similar malicious code designed to adversely affect the operation of any computer software or hardware.
Breach by you of these Terms and Conditions may result in UMD taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use this website;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including administrative and legal costs) resulting from the breach;
- Further legal action against you;
- Disclosure of such information to law enforcement agencies as UMD reasonably feels is necessary.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. UMD's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Changes may be made to these Terms and Conditions from time to time.
Links
This website may contain links to other websites. UMD is not responsible for or liable for the content or terms of use and practises of other Websites. All external websites are accessed at the users own risk.
Terms and Conditions Relating to Sales through this Website
Contract
The contract for any purchases made through this website will be with UMD. Any and all goods ordered by you are for your own private and domestic use only.
You must be eighteen years old to order products through this Website. If you are under eighteen, you may make purchases through this Website only in conjunction with, and under the supervision of, a parent or guardian.
Any term sought to be imposed by you in your order will not form part of the contract.
When you place an order to purchase a product through this website, UMD will send you an e-mail (to the address you specify during checkout process) setting out the details of your order and confirming its receipt by UMD. You must check that the details on this e-mail are correct as soon as possible and you should print out and keep a copy of it.
Your order represents an offer to UMD to purchase the relevant product(s). Payment becomes due at the point you complete your order on the website. Your order is accepted by us when we have received the whole of the price for the products and send you an e-mail confirming that we have dispatched the relevant product(s) to you. Acceptance will be complete at the time we send you this e-mail confirming dispatch. Until UMD sends you the e-mail confirming dispatch there is no contract between you and UMD for the purchase of the relevant product(s). Any products on the same order which we have not confirmed in the e-mail as having been dispatched do not form part of that contract.
Pricing and Errors
The prices payable for product are as set out on this website inclusive of VAT unless otherwise stated. Users ordering products for delivery outside of the UK will be responsible for payment of any local taxes payable including VAT, and will be required to pay extra for delivery and clearance where necessary.
UMD tries to ensure that all prices on this website are accurate but errors may occur from time to time. If we discover an error in the price of product you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
In the case of any obvious errors or inaccuracies regarding the products appearing on this website we reserve the right to withdraw from any contract for the purchase of any products affected.
Payment
UMD will accept only the following forms of payment for products purchased through this website:
- Credit and Debit Cards;
- PayPal
By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the Digital Music Products and that you are the holder of the relevant credit or debit card or of the relevant payment account.
Withdrawal By You From The Contract
If you are a user in the European Union and are an individual and are not purchasing products on behalf of a business, there are certain circumstances in which you may withdraw from the purchase of products (including after the contract has formed) and these are set out here. This right to withdraw does not apply to business buyers.
- You may withdraw from the purchase of any product(s) at any time up to the end of the seventh working day after you have received the relevant product(s). This right applies to all of our products except for digital items (eg: music download) where the item has been downloaded. We cannot accept cancellations of purchases of audio and video products where the item has been unsealed. You do not need to give us any reason for withdrawing your order and will you have to pay any penalty.
- You may cancel your order at any time prior to your order being processed by sending an email, with your order confirmation and order number, to orders@universal-music.co.uk. If we receive confirmation that you wish to cancel your order before shipment, we will refund your payment in full within 30 days of receiving your request to cancel.
- If you have received the products before you withdraw your purchase then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the contact address for UMD at your own cost and risk. If you withdraw your purchase after UMD has processed the products for delivery and you have received them, you must not unpack them when they are received by you. You must send them back to UMD at your own cost and risk as soon as possible. The contact address for UMD is set out in the delivery documentation with your order.
- Once you have notified UMD that you are withdrawing from your purchase, any sum debited to UMD from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of your request to withdraw PROVIDED THAT the goods in question are returned by you and received by UMD in the condition they were in when delivered to you.
Availability Of Goods You Order
Stocks of all products are subject to availability. UMD will endeavour to make it clear where the products being offered are available for a limited time or in limited numbers. Please remember that it can take some time to update the website when products have sold out.
If UMD has insufficient stock to deliver the products ordered by you, we will notify you by e-mail as soon as possible (to the address you specified during the check out process). We will credit to your account and any sum debited by UMD from your credit/debit card. We will process the refund as soon as possible and in any event within 30 days of UMD notifying you of insufficient stock
Delivery Of Goods To You
The products ordered by you will be sent to the person at the address you give UMD at the time you make the order. Save in respect of pre-orders for products which are not available at the time of ordering, orders will be sent as soon as possible after your order is accepted but in any event orders will be delivered within 30 days of their dispatch.
All delivery times quoted on this website are estimates only, based on availability, normal processing and the arrangements with delivery companies.
You will become the owner of the goods you have ordered when the goods are dispatched to you.
Returns
You will be responsible for the costs of returning items to us unless we delivered the item to you in error or the item is damaged or defective.
Digital downloads cannot be returned after purchase. If you have any problems with any digital download product you have bought through this website please contact us.
If you are returning a product purchased through this website please use the original packaging and outer cardboard when doing so. If you no longer have the original outer cardboard box please include the name of the person who ordered the items and the order number in the sender field on the package.
Unless the product is faulty or was damaged in transit UMD only accepts the return of unopened items. Please note that we reserve the right to send back to you products that have been returned to us after 7 working days following delivery unless they are faulty.
If we have sent you a product which you did not order please contact us. We can make arrangements for any such items to be returned and we will make sure you are not charged for them. If we delivered the wrong product and you want us to replace it with the correct product please contact us and we will send you the correct product as soon as we can.
If UMD is sending you a replacement for a damaged, defective or incorrect item, you must return the original item to us (at the address set out in the dispatch/delivery documentation) within 30 days of our e-mail confirming the issue of the replacement item. Provided you return this item to us within the 30 days, you will have nothing more to pay. If you do not return the original item to us by the end of the 30 day period, we reserve the right to charge an amount equal to the price of your original order to the payment card you used for the order.
Returns Address:
For the appropriate returns address please refer to the dispatch/delivery notes that accompanying your products.
Liability
This section applies only to the extent permitted by law.
You expressly agree that use of the Website and related services is at your sole risk. To the extent permitted by law this website, the Materials and related products and services are provided on an "as is" and "as available" basis and UMD makes no representations or warranties with regard to the website, any Materials therein or any products or services made available through it, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
In the unlikely event that the products delivered to you by UMD are not what you ordered or are damaged or defective (on delivery) or the delivery is of an incorrect quantity you must notify UMD within 10 working days of delivery to you of the relevant products. However, if you fail to notify UMD by the end of the 10 working day period UMD shall have no liability to you.
If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, you must notify UMD within 30 days after the date of dispatch. However, if you fail to notify UMD by the end of the 10 working day period UMD shall have no liability to you.
Where you notify a problem to UMD as provided for above, UMD's only obligation will be, at its option, to:
- make good any shortfall in quantity or non-delivery;
- replace or repair any damaged or defective products;
- refund to you the amount paid by you for the relevant products. The refund will be by the same method of original payment.
In no event will UMD be liable to you for any indirect or consequential loss or damage arising out of any problems with any products including any you notify to UMD as provided for above. UMD shall not be liable to pay any money to you other than to refund to you the amount paid by you for the relevant products.
Nothing in these Terms and Conditions is intended to exclude liability which UMD is not permitted to exclude by law including liability under consumer protection legislation or for personal injury or death resulting from any wilful or negligent act or omission by UMD or for fraudulent misrepresentation.
General
Force Majeure
UMD shall have no liability to you for any failure to deliver, delay in delivering or damage to products you have ordered to the extent that it is caused by any event or circumstance beyond UMD’s reasonable control.
Complaints
If you have any complaint in relation to your use of this website (including the purchase of products through the website), please contact us -
via email at: orders@universalmusic.co.uk
via post at: UMD Customer Services, Universal Music Direct Limited, 364-366 Kensington High Street, London W14 8NS
Third Party Rights
Save to the extent expressly provided below nothing in this contract creates any right which is enforceable by any person who is not a party to the contract. The owners and/or controllers of the intellectual property rights in and to the Digital Music Products shall be third party beneficiaries of the contract and will be entitled to enforce these terms and conditions against in respect of their intellectual property.
Governing Law
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
Varying these Terms and Conditions
UMD is entitled to vary these Terms and Conditions in its sole discretion from time to time. Users will be notified of any such changes by way of the revised Terms and Conditions being published on this website. Your agreement will be subject to the Terms and Conditions in force at the time when your order the relevant products through the website.
Invalidity
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
Entire Agreement
These terms and conditions, together with the current prices set out in the website, delivery details and our contact details, set out the whole agreement between us for the supply of the products to you by UMD. These terms and conditions cannot be varied except in writing signed by a director of UMD. Nothing said by any authorised representative of UMD shall be deemed to vary these terms and conditions.
