1. INFORMATION ABOUT US
WELCOME TO THE TM Stores WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT tmstor.es. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The tmstor.es website is operated by:
Townsend Music Ltd, a company registered in England and Wales, whose registered office is at 30 Queen Street, Great Harwood, Lancashire, United Kingdom, BB6 7QQ. Our company registration number is 04870030.
Our VAT registration number is 325 8044 66
We are a member of the following trade associations/professional bodies: Entertainment Retailers Association (ERA), BPI
Our contact details are as follows:
Trading address: 4-5 Iridium Close,
Burnley Bridge Business Park,
General email: email@example.com
2. YOUR PERSONAL INFORMATION
2.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
5. PRICE AND DELIVERY COSTS
5.1 Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
5.2 Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price.
5.3 If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
5.4 Where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
5.5 Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs. Delivery costs can be looked up here.
6. AVAILABILITY AND DELIVERY
6.1 Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site.
6.2 All orders are subject to availability at all times.
6.3 We deliver all items available on the store worldwide.
o6.4 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.
6.5 Delivery will be made according to the information on the product pages after your order is accepted.
6.6 We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order (unless the item(s) you have ordered are part of a pre-order please see point 6.7)
6.7 If the item(s) you have ordered are part of a pre-order campaign, we will aim to ship your items to be received as close to the release date as possible. Pre-order campaign items will be indicated on the product detail page.
6.7 In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, stock issues from our manufacturers, or any other events as outlined in point 19.1) �we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we will ship these items at the soonest available opportunity.
6.8 We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
7.1 We must receive payment in advance before your order can be processed and the goods can be dispatched.
7.2 Payment for goods can be made by one of the following payment methods:
(b) Credit card
(C) Debit card
8. RIGHT TO CANCEL
8.1 You have the right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods.
8.2 Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you.
8.3 To exercise your right to cancel, you must inform us of your decision to cancel by e-mail using the contact details set out above. Please provide as much information as possible, including details like the order number, name, email address and any other relevant information when contacting us to cancel your order.
8.4 If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
8.5 You must send the goods back to us to our returns address (as stated above) at your own cost (unless we delivered the item to you in error or the item is damaged or defective) without undue delay and in any event within 14 days after the day of the cancellation.
8.6 You will not have any right to cancel a purchase for the supply of any of the following
(a) the supply of goods that are made to your specifications or are clearly personalized or;
(b) due to health protection or hygiene reasons (for example earrings or swimwear).
(c) event tickets
9. REFUNDS POLICY
9.1 Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any).
9.2 We will pay the refund within 14 days after the day:
(a)You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or;
(b)We receive the goods you returned to us, where you are in receipt of the goods; or;
(c)You provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
9.3 We will refund you using the same means of payment as you used to pay for your order.
9.4 We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop.
9.5 We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
9.6 Without limiting your cancellation rights in Section 7, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:
(a)Provide a full refund for any product that is not what you ordered or;
(b)Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
9.7 We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.
10. CANCELLATION BY US
10.1 We reserve the right to cancel the contract between us if, for example:
(a) We have insufficient stock to deliver the goods you have ordered or;
(b) One or more of the goods you ordered was listed at an incorrect price.
10.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.
11. TITLE AND RISK
11.1 You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods.
11.2 Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
12.1 To the extent not prohibited by law, we accept no liability for any:
(a)loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract) or;
(b) loss which arises when we are not at fault or in breach of these Terms and Conditions or;
(c)business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
12.2 Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation or;
(b) for death or personal injury arising from our negligence or;
(c) under Part I of the Consumer Protection Act 1987 or;
(d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us or;
(e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
13.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
13.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
13.3 Subject to clause 13.1, no part of this 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.
13.4 Any rights not expressly granted in these terms are reserved.
14. SERVICE ACCESS
14.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
14.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
15. VISITOR MATERIAL AND CONDUCT
15.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
15.3 You may not misuse the Website (including, without limitation, by hacking).
15.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 15.2 or 15.3.
16. LINKS TO AND FROM OTHER WEBSITES
16.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
16.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Townsend Music logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Townsend Music trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 16.2 for breach of these terms and to take any action we deem appropriate.
16.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
17.1 To register with www.townsend-records.co.uk or tmstor.es you must be over eighteen years of age.
17.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
17.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
17.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
18.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
18.2 The material on this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
19. EVENTS BEYOND OUR CONTROL
19.1 We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control(including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
20.1 If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
20.2 No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.3 If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have
waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.4 You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
20.5 We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and
Conditions in force at that time will apply (as set out on this site). Please check this site to
ensure that you understand which Terms and Conditions apply.
21. LAW AND JURISDICTION
21.1 These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.