Standard Terms & Conditions for Sale of Goods - Website Terms & Conditions - Privacy Policy
Standard Terms & Conditions for Sale of Goods
DEFINITIONS
All Prices are in $USD
MINIMUM ORDER: 2 Cassettes!
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Attention CANADIAN ONLY shoppers:
As of October 27, 2021, it is now safe and fair (to you, the customer) to use the Canadian dollar to make your purchases. It will no longer round prices up to the next dollar, but rather, it is rounded to the nearest penny based on current daily exchange rates.
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In this document the following words shall have the following meanings:
"Buyer" means the organization or person who buys Goods
"Goods" means the articles to be supplied to the Buyer by the Seller;
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
"Seller" means canada.cassettecomeback.com of Ontario, Canada.
GENERAL
These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
SAMPLE
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
DELIVERY
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
RISK
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
TITLE
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
RETURN OF UNUSED GOODS
All cassettes are sold "as is". These items are vintage, "New Old Stock (NOS)" magnetic recording media. They are being sold for collection purposes only. No guarantees are made for their suitability to record sound. There is no way for the seller to guarantee that decades old blank media is still fit for their original purpose without opening and individually testing them, which is not possible without damaging the integrity of the packaging / wrapper / outer covering. All items are vintage and will have been handled and stored previously. This may mean that there is damage to the outer packaging / wrapper / outer covering. Item descriptions will note of any larger imperfections, but buyers must assume that all items will have minor damage to the outer packaging / wrapper / outer covering. If this is an issue, please contact canada.cassettecomeback.com first so that detailed pictures may be forwarded to you before purchase. Failure to do this and then subsequent rejection of the item by the buyer, due to its cosmetic condition, will not be accepted by the seller. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply. Any returns must be authorized by a representative of the Seller before any credit will be given. Where the Seller agrees to accept the return of goods that are not damaged, the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The charge for carriage will not be refunded. The Seller will not be obliged to accept any goods that are damaged in any way, this includes, but is not limited to, the items packaging / wrapper / outer covering. The Seller will only accept returns that appear in the Sellers current Publication List. Original P&P will not be refunded to the buyer. A 10% restocking fee will be deducted from the overall refund. Credit of amounts due or paid in will only be given for goods that are in a condition that they can be re-sold without any loss of integrity to the items packaging / wrapper / outer covering.
DAMAGE IN TRANSIT
All items are inspected prior to shipment and will match any descriptions given on the website. If a package appears to have been damaged in transit, canada.cassettecomeback.com must be notified and pictures of the effected items must be sent.
LIMITATION OF LIABILITY
The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Canada and the parties hereby submit to the exclusive jurisdiction of the Canadian courts.
WEBSITE TERMS AND CONDITIONS
Credit
Website Terms & Conditions were created using a Contractology template available at http://www.contractology.com.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our canada.cassettecomeback.com's and/or cassettecomeback.com's use of cookies in accordance with the terms of canada.cassettecomeback.com's and/or cassettecomeback.com'c [privacy policy / cookies policy].
License to use website
Unless otherwise stated, canada.cassettecomeback.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• [edit or otherwise modify any material on the website; or]
• [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organization].]
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without canada.cassettecomeback.com’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without canada.cassettecomeback.com’s express written consent.
Restricted access
Access to certain areas of this website is restricted. canada.cassettecomeback.com reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at canada.cassettecomeback.com’s discretion.
If canada.cassettecomeback.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
canada.cassettecomeback.com may disable your user ID and password in canada.cassettecomeback.com’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to canada.cassettecomeback.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to canada.cassettecomeback.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or canada.cassettecomeback.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
canada.cassettecomeback.com reserves the right to edit or remove any material submitted to this website, or stored on canada.cassettecomeback.com’s servers, or hosted or published upon this website.
Notwithstanding canada.cassettecomeback.com’s rights under these terms and conditions in relation to user content, canada.cassettecomeback.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. canada.cassettecomeback.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, canada.cassettecomeback.com does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
canada.cassettecomeback.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if canada.cassettecomeback.com has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit canada.cassettecomeback.com’s liability in respect of any:
death or personal injury caused by canada.cassettecomeback.com’s negligence;
fraud or fraudulent misrepresentation on the part of canada.cassettecomeback.com; or
matter which it would be illegal or unlawful for canada.cassettecomeback.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, canada.cassettecomeback.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against canada.cassettecomeback.com’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect canada.cassettecomeback.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as canada.cassettecomeback.com.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify canada.cassettecomeback.com and undertake to keep canada.cassettecomeback.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by canada.cassettecomeback.com to a third party in settlement of a claim or dispute on the advice of canada.cassettecomeback.com’s legal advisers) incurred or suffered by canada.cassettecomeback.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to canada.cassettecomeback.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, canada.cassettecomeback.com may take such action as canada.cassettecomeback.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
canada.cassettecomeback.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
canada.cassettecomeback.com may transfer, sub-contract or otherwise deal with canada.cassettecomeback.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions the entire agreement between you and canada.cassettecomeback.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Canada law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Canada.
canada.cassettecomeback.com’s details
You can contact canada.cassettecomeback.com by email to cassettecomebackcanada@gmail.com
Privacy Policy Notice
The policy: This privacy policy notice is for this website; canada.cassettecomeback.co.uk and served by Cassette Comeback Canada – Ontario, Canada, and governs the privacy of those who use it. The purpose of this policy is to explain to you how we control, process, handle and protect your personal information while browsing or using this website, including your rights under current laws and regulations. If you do not agree to the following policy you may wish to cease viewing / using this website.
Policy key definitions:
"I", "our", "us", or "we" refer to the business, [Business name & other trading names].
"you", "the user" refer to the person(s) using this website.
GDPR means General Data Protection Act.
PECR means Privacy & Electronic Communications Regulation.
ICO means Information Commissioner's Office.
Cookies mean small files stored on a users computer or device.
Processing of your personal data
Under the GDPR (General Data Protection Regulation) we control and / or process any personal information about you electronically using the following lawful bases.
We process your information in the following ways: E-mail marketing from Cassette Comeback Canada only.
Data retention period: We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.
Sharing your information: We do not share your information with third parties.
If, as determined by us, the lawful basis upon which we process your personal information changes, we will notify you about the change and any new lawful basis to be used if required. We shall stop processing your personal information if the lawful basis used is no longer relevant.
Your individual rights
Under the GDPR your rights are as follows. You can read more about your rights in details here;
the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability;
the right to object; and
the right not to be subject to automated decision-making including profiling.
We handle subject access requests in accordance with the GDPR.
Internet cookies
We use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, referred you to a third party website.
Some cookies are required to enjoy and use the full functionality of this website.
We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options.
Cookies that we use are;
Data security and protection
We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.
Transparent Privacy Explanations
We have provided some further explanations about user privacy and the way we use this website to help promote a transparent and honest user privacy methodology.
Email marketing messages & subscription
Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed in the "Processing of your personal data" above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.
Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.
Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences.
Our EMS provider is; Shopify. We hold the following information about you within our EMS system;
Email address
I.P address
Subscription time & date
Resources & further information