Terms & Conditions

Date: 01.11.2018

Contents

1. General
2. Contractual Partner, Validity, User Registration
3. Offer, Order, and Conclusion of Contract
4. Prices
5. Payment
6. Reservation of Proprietary Rights
7. Shipping
8. Delivery
9. Your cancellation rights
10. Prohibited Use
11. Packaging
12. Privacy Policy
13. Severability Clause
14. Choice of Law, Place of Jurisdiction

General

The use of this website and access to all the services provided are subject to all of the following terms, conditions and notices. We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website. It is your responsibility to read the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.

1. Contractual Partner, Validity, User Registration

1.1 The contractual partner is Awkward Aardvark Records a non-incorporated not for profit association based in Hazlemere UK.

1.2 Our terms and conditions are an integral part of the contract and apply to every user. By placing an order you must fully accept the terms and conditions at the time of the business transaction. No other terms will be entered to unless expressly agreed to in writing. Our terms and conditions are permanently accessible here on our website.

1.3 You are deemed to be placing an order as a consumer as long as you do not predominantly utilize deliveries and services as part of your commercial or freelance occupation.

1.4 Our webshop can either be used as a guest or as a registered customer. This does not infer any right or entitlement to use the site.

Use as a Guest

Using our webshop as a guest will temporarily store data that is relevant for the purchase and dispatch. It is mandatory that the required data is complete and correct. The data will be deleted after each transaction.

Use as a Registered user

Registering for our webshop is free of charge. You may register to access convenient features, which are not available to guest users, such as maintaining shipping addresses or view past orders. Some fields are mandatory and you are required to complete these truthfully in order for us to perform your order. Once registered you can log in by using your e-mail address and password. If you decide to use a nickname you myust ensure that such nickname does not infringe any rights of a third party to a name or trademark and is not illegal or morally questionable. You can change or delete your customer account any time. You must keep your password confidential and you are solely responsible for keeping your details up to date and protected from unauthorised access. We accept no responsibility for any loss due to your negligence.

2. Offer, Order, and Conclusion of Contract

2.1 All our offers are non-binding, as long as they have not been specifically designated as binding or are conditioned by statutory terms of acceptance. You can select items from our product range and use the 'add to cart' button to put them into your cart for later checkout. Adding items to your cart reserves these for the duration of your visit to our site or until you complete the checkout.

By completing the checkout you enter into a contractual obligation to purchase the items in your cart. You can view and change the details (items, quantities, payment type etc.) before completing the checkout. In order to complete your purchase, you must indicate your acceptance of these terms and conditions and our privacy policy by ticking the appropriate boxes.

We will e-mail you an automatic order confirmation that summarizes your order. You can print the e-mail for your files. The automatic order confirmation is no approval of your request to purchase; it merely documents that we have received your order. We only enter into a contract by our approval of your request. This approval will either take the form of a separate e-mail or will simply be given by dispatching the ordered items.

2.2 When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

2.3 Any amendments to our terms or other ancillary agreements are only effective if they are confirmed by us in writing.

2.4 We expressly reserve the right to price changes, technical alterations, errors, typos or prior sale.

3. Prices

Our webshop indicates prices in £GBP including VAT (at the prevailing rate for your shipping destination) without discounts. Prices are valid at the time of ordering. Local import taxes and custom duty or clearance fees are your responsibility. Please get in touch with the responsible local authorities prior to ordering.

4. Payment

4.1 The purchase price is payable on completion of your order and full payment is due without discount if no other payment type has been confirmed in writing.

4.2 You are required to make payment using one of the methods of payment we specify. Failure to make payment on time of order will lead to cancellation of your shopping cart. Items in your cart will be removed and you lose any reservation of those items.

4.3 Methods of Payment - Paypal:
We currently only offer „PayPal“ for payments. Please follow the instructions in the shop/on PayPal. Before the final confirmation of your order you will be asked by PayPal to make the payment in a separate window. The window will bear the Awkward Aardvark logo. Once the payment process has been confirmed by PayPal you complete the ordering process on here. As soon as PayPal confirms the payment we will dispatch your order according to the terms and conditions specified here.

5. Conditional Sales Contract

Each shipment is subject to a retention of title and as such the contract goods only become your property after the due amount has been paid in full. Until such time the contract goods must not be sold, pawned, transferred as a security bond or otherwise encumbered with third parties’ rights.

6. Shipping Costs

6.1 Shipping costs are in addition to the cost of the goods and may vary depending on the shipping destination. Shipping costs and will be calculated on checkout and must be paid when comleting the order.

6.2 You can review the standard shipping options per location here.

7. Delivery

7.1 Insofar as no other agreements have been made and contract goods are in stock we will advise our warehouse to ship your order to the delivery address you specified. Details about availability or delivery times are always provisional and non-binding insofar as no delivery date has been confirmed explicitly and bindingly by way of exception.

7.2 If your order should partly or entirely be temporarily unavailable we will inform you of this in your order confirmation. We’ll act accordingly in case parts of or your entire order should not be available at all. If we shouldn’t be able to ship your order because our suppliers have not filled their obligations, we are entitled to cancel your order. Your statutory rights are not affected by this.

7.3 If acceptance on delivery is unreasonably refused or if the delivery cannot be made due to your fault, you will have to bear the cost of redelivery.

7.4 We shall not be liable for any delays in delivery that are a result of any event not directly under our control, in particular any delays caused by environmental desasters, strike action, zombie apocalypse or social unrest.

7.5 We reserve the right to change your default shipping method to tracked service only if previous delivery attempts failed and as a result your order got lost or damaged

8. Your cancellation rights

8.1 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us us, Awkward Aardvark Records of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

8.2 Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

>>>End of Information on the Right of Cancellation<<<

Prohibited Use

You must not misuse this website. You will not commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into aspects of the service corrupt data; cause annoyance to other users; infringe upon the right of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as ‘spam’; or attempt to affect the performance or functionality of any computer facilities of or through this website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distribution denial-of-service attack, viruses or other technologically harmful material that may affect your computer equipment, computer programs, data or other proprietary due to the use of this website or to your downloading of any other material posted on it, or on any website linked to it.

10. Packaging

We pack all merchandise in adequate packaging materials. In order to protect the environment we will re-use or recycle packaging material wherever appropriate. You hereby acknowledge our use of re-use and recycled packaging materials as long as the materials are of reasonable quality and fit for purpose. .

11. Privacy

11.1 We adhere to the General Data Protection Regulation (EU) 2016/679 ("GDPR") when dealing with your personal data and are authorized to process and store all data connected to our business transactions under these laws.

11.2 Additional information about the method, extent, location and purpose of the survey, processing and usage of personal data connected to the fulfillment of orders can be found in our privacy policy.

12. Severance Clause

Should any provision of this Terms and Conditions be or become invalid, such circumstance shall not affect the validity of the remaining provisions. In this case the contracting parties agree to replace the invalid provision with a provision that, within the scope of the applicable dispositive law, most closely approximates, from an economic standpoint, what the Parties attended in accordance with the spirit and purpose of the provision that has ceased to apply.

13. Applicable Law/Court of Jurisdiction

This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law.