THE RECEIPTS MUSIC ENTERTAINMENT LIMITED
ONLINE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page (together with our Privacy and Cookies Policy) sets out the terms and conditions of use for our website www.thereceipts.ie and www.the-receipts.com (the “Website”) and the terms and conditions of sale of the various products (“Products”) displayed on the Website (together, the “Terms”). For the avoidance of doubt, “we” and “our” means The Receipts Music Entertainment Limited, having our registered office at Core B, Block 71, The Plaza, Park West, Dublin 12 (hereinafter “we”, “our”, “us” or “The Receipts”).
Please read these Terms carefully before ordering any Products through or using the Website, as your use of the Website and purchase of any Products offered on the Website is subject to these Terms. We provide a way for you to communicate your orders (“Orders”) and we supply the Products displayed on the Website (the “Service”) subject to these Terms. By ordering Products via the Website (whether now or in the future), you agree to be bound by these Terms. Use of the Website is also subject to these Terms.
We reserve the right to change these Terms from time to time by changing them on this page. We recommend that you print a copy of these Terms for future reference. These Terms are only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy and Cookies Policy.
For the avoidance of doubt, please note that references to “Website” in these Terms include any current or future version of our websites www.thereceipts.ie and www.the-receipts.com through which you access our Website and Products, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our Website or services that may be developed from time to time).
I. TERMS AND CONDITIONS OF USE OF THE WEBSITE
1.1 Business details: The Receipts is a business registered in Ireland with registered number 508893, whose registered office is at Core B, Block 71, The Plaza, Park West, Dublin 12 and whose main place of business is Unit 2G, Parkwest Industrial Estate, Dublin 12. You can contact The Receipts by telephoning 087 703 6727, by writing to us at the above address or by emailing us at firstname.lastname@example.org
2. WEBSITE ACCESS AND TERMS
2.1 Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2 Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
2.3 Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.4 Revision of terms: We may revise these Terms at any time. You should check the Website regularly to review the current Terms, because they are binding on you.
2.5 Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection or account are aware of these Terms and that they comply with them.
3.1 Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
3.1.1 you must not misuse the Website (including by hacking or “scraping”).
3.1.2 unless otherwise stated, the copyright and other intellectual property rights in the Website in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with this paragraph 3.1 is prohibited.
3.1.3 you must not modify the digital or paper copies of any materials that you print off in accordance with this paragraph 3.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
3.1.4 you must ensure that our status as the author of the material on the Website is always acknowledged.
3.1.5 you are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
3.2 Limitation on use: Except as stated in this paragraph 3.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.3 Trademarks: You are not permitted to use any of our trademarks (registered or unregistered) without our approval, unless they are part of material you are using as permitted with our prior approval.
3.4 Reservation of rights: Any rights not expressly granted in these Terms are reserved.
3.5 Indemnity: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us or any other party arising out of or in connection with any breach of any of the obligations in this paragraph 3.
4. SERVICE ACCESS
4.1 Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
4.2 Suspension of access: Access to the Website may be suspended temporarily at any time and without notice. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
4.3 Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
5. You must keep your account details safe
5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2 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.
5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in accordance with the website availability procedures referred to in paragraph 5.1 above.
6. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
6.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
6.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
6.3 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. 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 our Website will cease immediately.
7. LINKS TO AND FROM OUR website AND TO AND FROM OTHER WEBSITES
7.1 Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
7.2.1 you do so in a fair and legal way which does not damage or take advantage of our reputation;
7.2.2 you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
7.2.3 we have the right to withdraw linking permission at any time and for any reason.
8.1 Exclusion of liability: We will under no circumstances whatever be liable to you (other than in respect of any liability which cannot be excluded under applicable law), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service, the Website or the Products (including the use, inability to use or the results of use of the Service, the Website or Products) for:
8.1.1 any loss of profits, sales, business or revenue;
8.1.2 loss or corruption of data, information or software;
8.1.3 loss of business opportunity;
8.1.4 loss of anticipated savings;
8.1.5 loss of goodwill; or
8.1.6 any indirect or consequential loss.
8.2 Limitation of liability: Subject to clauses 8.1 and 19, our total liability to you in respect of all other losses arising under or in connection with the Service, the Website or the Products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order (as defined in paragraph 12.1) or EUR100, whichever is lower.
8.3 Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
9. TERMINATION of use of the website
9.1 Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
9.1.1 you have used the Website in breach of paragraph 3.1 (License);
9.1.2 you have breached paragraph 7 (Links to and from other websites); or
9.1.3 you have breached any other material terms of these Terms.
9.2 Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
10. WRITTEN COMMUNICATIONS
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. When we contact you, we will do so in accordance with our Privacy and Cookies Policy.
II. TERMS AND CONDITIONS OF SALE OF PRODUCTS
11. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
11.1 You warrant, undertake and agree with us that we are the sole author of the Website and the Products and the sole unencumbered absolute legal and beneficial owner of all rights of copyright, all intellectual property rights and all other rights whatever in the Website and the Products throughout the world, and that all such rights are unfettered and not subject to any charge, lien, encumbrance or any other adverse right or interest.
11.2 You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us or any other party arising out of or in connection with any breach of any of the representations and warranties or agreements set out in paragraph 11.1 above.
12. OUR ROLE
12.1 The Service: We provide a way for you to communicate your Orders and supply the Products displayed on the Website. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, your Product may vary slightly from those images. The packaging of the Product may vary from that shown in images on our Website.
13. YOUR STATUS
13.1 Capacity: By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts.
14. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
14.1 Compiling your Order: Once you have selected the Products you wish to order and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.
14.2 Payment authorisation: Where any payment you make is not authorised, your Order will not be processed.
14.3 Processing your Order and rejections: On receipt of your Order, we will begin processing it and will notify you by email that your Order has been received and is being processed. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your Order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to meet a delivery deadline you have specified.
14.4 Delivery of your Order: Estimated times for deliveries and collections are only estimates. We do not guarantee that Orders will be delivered or will be available for collection within the estimated times.
15. PRICE AND PAYMENT
15.1 VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs and any online payment administration charges. These will be added to the total amount due where applicable.
15.2 Incorrect pricing: This Website contains information on Products and it is possible that some of this information may not be completely accurate. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched to notify you of the updated price and to confirm whether you wish to cancel or proceed with the Order. In such an event, we are not under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
15.3 Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website. Payments will display on your bank account statements as ‘The Receipts Music Entertainment Limited’.
15.4 Delays: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
15.5 Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected (as described in paragraph 14.3 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take up to 10 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
16.1 costs: The costs of delivery will be as displayed to you on our Website. We will deliver Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order or we will contact you with an estimated delivery date or to agree a delivery date, which will be within 60 days after the day on which we accept your Order.
16.2 Delays outside our control: If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
16.3 Collection: where Products are held at a delivery depot due to no one being there, you are responsible for collecting the Products promptly. It is important that you supply an accurate address.
16.4 When you become responsible for the Products: Products will be your responsibility from the time we deliver the Products to the address you gave us or you (or a carrier organised by you) collect it from us.
16.5 When you own Products: You own Products (subject to the copyright provisions in paragraph 11) once we have received payment in full.
17.1 Amending or cancelling your Order: You have the right to cancel a contract to purchase any Products from this Website within 14 days without giving any reason. The cancellation 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 Products. To exercise the right to cancel, you must inform us of your decision to cancel this contract by an e-mail to email@example.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. (please refer to paragraph 14.3 for details of the process relating to rejected Orders). We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
17.2 If you cancel this contract, we will 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 cancel 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 Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
17.3 You shall send back the Products 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 cancellation of the contract to us. The deadline is met if you send back the Products before the period of 14 days has expired.
18. CUSTOMER CARE
18.1 General: Customer care is extremely important to us. Subject to paragraph 8, we will therefore try to assist you where possible if you have any problems with your Order. You can contact us by sending an email to firstname.lastname@example.org.
18.2 Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact us as described above and we will attempt to follow up on your query.
18.3 Complaints or feedback: In the event that you are dissatisfied with the quality of any Products, please consider providing feedback to email@example.com.
19.1 Products are only supplied for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.2 Estimated times for deliveries and collections are only estimates. We do not guarantee that Orders will be delivered or will be available for collection within the estimated times.
19.3 We endeavour to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if we reject your Order. However, we do not guarantee that we will accept all Orders; we have the discretion to reject Orders at any time because we are too busy, due to weather conditions or for any other reason.
19.4 The foregoing disclaimers do not affect your statutory rights.
19.5 Exclusion of terms: We provide you with access to the Website, the Service and the Products on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website, the Service and the Products (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website, the Service or the Products, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
20. ADDITIONAL TERMS
20.1 Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.2 Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
20.3 No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
20.4 Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
20.5 Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
20.6 Force Majeure: we shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of any or all of our obligations has been delayed or failed to be performed.
21. GOVERNING LAW AND JURISDICTION
21.1 These Terms shall be governed by and construed in accordance with the laws of Ireland. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.