Terms and Conditions
Please read all these terms and conditions.Welcome to vinylwings.co.uk (the “Site”). By accessing or using the Site, you (the Customer, User or you) agree to be bound by these terms and conditions of use. The provision of information and services on this Site by the owners and operators of vinylwings.co.uk (hereinafter “Vinyl Wings”) is subject to your agreement to the terms and conditions below.
We are Vinyl Wings, whose trading name is Narima Ventures Limited, a company registered in England and Wales under number 11324354 whose registered office is at Flat 4, 1A Trenmar Gardens, NW10 6FG, United Kingdom with email address firstname.lastname@example.org,uk; telephone number 07795568694; (the Supplier or us or we).
These are the terms on which we sell all Goods & Services to you. By ordering any of the Goods or Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods & Services from the Site if you are eligible to enter into a contract and are at least 18 years old.
Description Goods and Services Offered
Our Services are described in the paragraphs below. On a monthly basis, we curate packages of vinyl LPs that we either select and ship to you. Users have a choice of two vinyls out of a possible three vinyls on a monthly basis. The vinyl LPs that we ship to you are yours to keep. You may not lend them to others for commercial purposes. Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms & Conditions. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services are provided and made available through our Site and applications, such as mobile applications, and that such applications may be made available on various social media networking sites and numerous other platforms. All of such Services, Sites, related content and applications made available by us are the sole property of Vinyl Wings and its licensors. At our discretion, we may offer additional Site services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised Services unless otherwise stipulated, and all of the preceding in this sentence shall be deemed part of the Services. We hereby reserve the right to cancel and cease or modify, at any time, the offering any of the aforementioned Services and/or products. You, as the end user and/or member , acknowledge, accept and agree that Vinyl Wings shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications. Therefore, frequent review of these Terms & Conditions and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must immediately stop using the provided Services.
Personal information and Registration
When registering to use the Site you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
As the registering party, you hereby acknowledge, understand and agree to: furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, we will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Terms & Conditions, and as such refuse any and all current or future use of Services, or any portion thereof
It shall be your responsibility to notify Vinyl Wings immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Vinyl Wings shall not be liable for any loss and/or damage arising from any failure to comply with these terms and conditions.
Basis of Sale
The Order / Membership registration process is set out on the Site. It is your responsibility to check that you have used the process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation).
Your Vinyl Wings membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use our service. We will bill the recurring membership fees to your Payment Method.
We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms & Conditions will be disclosed at your registration or in other communications made available to you. You can find specific details regarding your membership with Vinyl Wings by visiting our Site and Member Portal. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
To activate a Gift membership, you will need a valid credit or debit card. You will only be charged at time of activation and during use of the membership. Your Gift Vinyl Wings membership will continue only for the period for which it was purchased and will not auto-renew. You must have internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use our service.
By starting your Vinyl Wings membership and providing or designating a Payment Method, you authorize us to charge you a periodic membership fee at the then current rate, and any other charges you may incur in connection with your use of the Vinyl Wings service to your Payment Method.
The period of billing is determined by the subscription type a member has selected – monthly, every 3 months of every 6 months.
You acknowledge that the amount billed each period may be subject to increase or decrease due to changes you change or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
We reserve the right to adjust pricing for our Service in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your service will take effect following email notice to you.
The membership fee for our service will be billed at the beginning of the paying portion of your membership and each period (as per the membership type – monthly, 3-month or 6-month) thereafter unless and until you cancel your membership. We automatically bill your Payment Method each period on the calendar day corresponding to the commencement of your paying membership or the calendar day preceding such date.
Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing. Your renewal date may change due to changes in your Membership. Visit our Site and Member Portal to see the commencement date for your next renewal period.
As a member of Vinyl Wings, you may cancel or terminate your account, associated email address and/or access to our Services by visiting the Member Portal and choosing “cancel my membership”.
You shall not be entitled to any refund of any fees or monies paid to us prior to such cancellation or termination if any of such fees or monies were for future services or products that were not rendered to you.
If you have purchased a multi-month subscription (3-month or 6-month), the termination will take effect once the remaining time period of your subscription expires.
As a member, you agree that Vinyl Wings may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: any breach or violation of our Terms & Conditions or any other incorporated agreement, regulation and/or guideline; by way of requests from law enforcement or any other governmental agencies; the discontinuance, alteration and/or material modification to our Services, or any part thereof; unexpected technical or security issues and/or problems; any extended periods of inactivity; any engagement by you in any fraudulent or illegal activities; and/or the nonpayment of any associated fees that may be owed by you in connection with your Vinyl Wings account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Vinyl Wings shall include any and/or all of the following: a. the removal of any access to all or part of the Services offered by Vinyl Wings; b. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c. the barring of any further use of all or part of our Services.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods & Services to you.
Where you supply Personal Data to us so we can provide Goods & Services to you, and we Process that Personal Data in the course of providing the Goods & Services to you, we will comply with our obligations imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact us at the following e-mail address: email@example.com.
Links to Other Sites
This Site may contain third party-owned content and/or include hyperlinks to third party-owned Sites. We do not endorse, recommend or otherwise accept any responsibility for such third party Sites or content. Use of any such linked Site is at the user’s own risk and subject to separate terms and conditions of use.
You agree to indemnify, defend and hold harmless Vinyl Wings and Narima Ventures Limited and its respective affiliates, employees, officers, directors, agents, servants and representatives from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys´ fees and expenses) related to your violation of these terms and conditions
Revisions and Errata
The materials appearing on the Vinyl Wings Site and associated social media pages could include technical, typographical, or photographic errors. Vinyl Wings does not warrant that any of the materials on its Site are accurate, complete, or current. Vinyl Wings may make changes to the materials contained on its Site at any time without notice. Vinyl Wings does not, however, make any commitment to update the materials.
Disclaimer of Warranty; Limitation of Liability
Vinyl Wings makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Further, Vinyl Wings does not warrant or make any representations concerning the accuracy, completeness, or reliability of the information and materials on this Site or on any site linked to it. The materials on the Vinyl Wings Site and associated social media pages are provided “as is” and “as available”.
In no event shall Vinyl Wings or its suppliers be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use or inability to use this Site, notwithstanding that Vinyl Wings or an authorized representative may have been notified orally or in writing of the possibility of such damage. Please note that some jurisdictions do not allow the exclusion of implied warranties, or limitations of liability for consequential or incidental damages, so some of the above exclusions and limitations may not apply to you.
Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site or associated social media pages; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Vinyl Wings at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Copyright, Trademarks and other Intellectual Property
Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Site. Any unauthorized use of the words or images on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Vinyl Wings and www.vinylwings.co.uk are owned by Narima Ventures Limited. None of the names, trademarks, service marks and logos of Vinyl Wings appearing on this Site or associated social media pages may be used in any advertising or publicity, or otherwise to indicate Vinyl Wings’ sponsorship of or affiliation with any product or service without express written permission of Narima Ventures Limited. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Site without the written permission of the owners and operators of Vinyl Wings or the third party owner of the trademark, if any. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Returns and Damages
If you as a Customer receive a damaged record from Vinyl Wings, we will send a replacement out to you, subject to you notifying us of such issues within 3 business days of receipt of the package. Damages for which we will issue a replacement are those which render the products (records) un-usable or defective. We will not issue a replacement for minor cosmetic issues such as creases on the packaging. Send an email to firstname.lastname@example.org (with an attached video and photo if possible) and we will address it within 48 hours.
Sometimes you might receive a record that is not to your liking (outside of damages). While we hope that you can give the album a couple of listens before making your verdict, we unfortunately do not accept returns on any of our records. This is due to return shipping cost and to avoid damages on the return trip, along with quality control reasons.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 business days.
Last updated: 12 November 2019