Terms and Conditions

1. 1. By accessing the Website, you agree to be bound by the terms and conditions appearing in this document (“the Conditions”) and you accept our Privacy Policy.

   2. Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy and you accept our Privacy Policy which is available for viewing here.

   3. If you wish to register with the Website, you must enter the “Log In” page on the Website and register using our online registration process. In doing so you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.

   4. You will also receive an account upon completing the Website’s registration process. Irrespective of whether you choose to use the “remember me” function that we offer in relation to your password/user ID, you are responsible for maintaining the confidentiality of your email address, user ID, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.

   5. We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

   6. We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

   7. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

   8. You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

   9. You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

   10. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.

   11. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying Energy 106 Store, their licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Energy 106 as part of or in conjunction with the hyperlink.

   12. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

   13. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

   14. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Please be aware that when you complete a purchase, the purchased track is instantly impregnated with a ‘watermark’. This watermark contains your unique ID and cannot be removed. We constantly monitor the internet and P2P websites for breaches of our and our licensors copyright emanating from tracks originally purchased from the Website. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who’s copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.

   15. You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions.”.

   16. We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

   17. You must be at least 16 years of age to use the Website. This site may include content that is unsuitable for anyone under the age of 16 and if you are under 16 you may only use the Website with the involvement of a parent or guardian. If you are a parent or guardian of someone under the age of 16 who is using this Website, you agree to these terms and conditions and our privacy policy and that you shall be responsible for the conduct and acts/or omissions of your children in using this Website as if these were your own. By registering to the Website you represent and warrant that you are at least 16 years of age and by making any purchase you represent that you are at least 18 years of age.

   18. You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. All Digital Recordings provided via the Website are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantibility, fitness for a particular purpose, title and non infringement.

   19. We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.

   20. We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party’s hypertext link.

   21. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.

   22. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

   23. These Conditions and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

   24. These Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales & Northern Ireland whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Physical Products purchased from The Website (“Products”)

1. 1. When placing an order for any Products from the Website, you will state, specifically, which Products you desire to purchase and shall also at the same time confirm to us, at your own risk, your home address, telephone number (including Post code), delivery requirements and selected payment method including credit card/debit card details together with such other details that may be requested at that time from you by us. Any orders received by us after 5.00PM GMT/BST shall be deemed to be received the following working day.

   2. You undertake that any and all products ordered by you are for your own private and domestic use only. You further agree that email can be used as a long-distance means of communication.

   3. No contract for the sale of any product will subsist between you and us until the items ordered have been received by you. At any time until this point we may cancel the sale for any reason.

   4. You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.

   5. You may cancel your order at any time prior to your order being dispatched by emailing us at sales@energy106store.com ensuring that you quote your name, address and order reference number

   6. Our returns policy: Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies:

      1. Damaged or defective goods: in the unlikely event that you receive products which are damaged or defective or become defective within 7 days of receipt, we shall, at our own option, either replace or refund any damaged or defective products (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 2 working days of delivery of the products and that, in the case of physical products, you return the products in the same condition that you received them;

      2. Goods that become defective or faulty after 7 days, but before the end of the manufacturer’s warranty period: should a product you purchase become defective or faulty after 7 days from delivery and before the end of the manufacturer’s warranty, we shall, at our own option, either repair or replace the products;
      3. Goods that become defective after the end of the manufacturer’s warranty period: on a case by case basis, and out our own option, we may accept returns on items which are no longer covered by a manufacturer’s warranty, but may charge (as agreed with you in advance) for postage costs and repair costs;
      4. While we endeavour to ensure all goods returned for repair are returned to you within 14 days, in the event that the repair of goods will take longer than 6 weeks from the date that they are received by us, you agree to accept a compensation payment at a rate of 10% of the gross value of the product for the delay. Should the repair not be possible or take longer than 2 months from the date the goods are received by us, we will make a full refund/replacement available as directed by you;
      5. For digital or downloaded items, we will not entertain claims for faulty products based on production values. We do not specify the criteria under which artists or labels produce their products, and so cannot provide any guarantees of issues production quality, such as, but not limited to, recording volumes, analogue mastering, full frequency ranges in audio files;
      6. For software products: We are not able to provide refunds or credits for any software product where the seal or wrapping have been broken or removed. All software products sold by Energy 106 are sealed and checked upon despatch, but in the unlikely event that you receive a product where the seal or packaging have been broken or tampered with, we will provide a free of charge replacement upon return of the original goods;

      7. Our mistake: If items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge; whichever you prefer. Please note that when you place your order, a label is automatically generated from the address you type into your account details, so you are responsible for getting this right. If you get your address wrong and do not notify us before the order is sent, we cannot refund the postage costs. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us;

      8. Your mistake: If items are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the postage and packing charge again;

   7. Please note that we are unable to accept cancellation of any orders for digital downloads, nor offer any refund for such orders, once downloading has commenced.

   8. All orders are made subject to acceptance by you of these Conditions and fulfillment of any order for Products is subject to stock availability and acceptance by us of your order. We are under no obligation to fulfil any customer order.

   9. You can check the progress of your order by visiting the “My Account” section of the website.

Music Downloaded From The Website (“Downloads”)

1. Your use of the Downloads from the Website is conditional upon your prior acceptance of all Conditions referred to herein.

2. All sales are final. A sale is confirmed immediately when you begin to download a song from the Website and you will have no right to cancel your contract once the sale commences.

3. We accept all major credit and debit cards with the exception of American Express and Diners Club as methods of payment for purchasing songs from the Website. We are also unable to process payments on Maestro and Visa Electron cards issued outside of the United Kingdom.

   Please note:

   • Credit and debit cards have daily spending limits that may prevent the processing of your order.

   • If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will not be able to use that card for your purchase and should use another payment card.

4. The price for a particular Download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.

5. We reserve the right to change options relating to music downloadable from the Website without prior notice.

6. You shall be authorised, to the extent permitted by law, to use, burn and export Downloads purchased only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a Download to you does not transfer to you any commercial or promotional use rights in the product.

7. For assistance with billing questions or other enquiries please contact us by clicking here: http://energy106store.com/contact