Last updated: August 2023

Transaction Terms

The following terms and conditions (the “Transaction Terms”) govern all Products (as defined below) and all purchases between you and us of such Products (each such purchase, a “Transaction”) in connection with the website from which these Transaction Terms are linked (the “Site”).

This Site is operated by WMIS Limited (referred to in these Transaction Terms as “we” and “us”), a company registered in England and Wales. Our company registration number is 1914327 and our registered office is at Cannon Place, 78 Cannon Street, London, England, EC4N 6AF. Our registered VAT number is GB424181084.

Unless we expressly tell you otherwise, all Transactions, all Products and your use of such Products are subject to these Transaction Terms, which shall apply regardless of how you access the Site (including through the Internet, through a mobile network or otherwise).

We may also ask you to agree to additional terms and conditions in respect of particular Products before you place your order. If so, you will also comply with those additional terms and conditions when using the relevant Product(s) and in connection with the relevant Transaction(s).

When using the Site, you also agree to comply with the Terms of Use.

Please note that the Products are exclusively available for consumers to purchase for non-commercial, non-business and non-professional purposes.

1. Products

   1. We may sell the following types of products through the Site (collectively, such products being the Products for the purposes of these Transaction Terms):

      1. CDs, DVDs, vinyls, other tangible forms of audio and/or audiovisual recordings, and merchandise such as posters, books and clothing (“Physical Products”); and
      2. audio and/or audiovisual digital downloads, ringtones, images (e.g. screen savers), artwork, software and other non-physical materials (“Digital Products”).
   2. From time to time we may:
      
      1. change descriptions, images, and references to the Products on the Site. Such changes will not affect Transactions which we have already accepted;
      2. limit the available quantity of any Product; and
      3. offer coupons, discount and coupon codes, promotional codes and other similar promotions which can be used to purchase Product(s) via the Site, and such promotions may be subject to separate terms and conditions which will be notified to you.
   3. Although we have made efforts to display the colour of the Products on the Site accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.

2. Purchases

   1. If you wish to purchase any Product(s) on the Site, you may be asked to supply certain information in connection with such Transaction, including your credit card number or other payment account information, your billing address and shipping information. You must ensure that you have the right to share any information provided to us in connection with a Transaction.
   2. By submitting such information, you authorise us to use such information in accordance with our Privacy Policy, including by providing such information to third parties as needed to process your order.

   3. By placing an order on the Site, you promise that:

      1. where a particular Product is subject to a legal age classification, you are of the required legal age;
      2. you have the legal right to use the payment means selected by you; and
      3. you will not order in excess of any quantity limits applicable to Products on the Site, including by placing multiple orders.
   4. Unfortunately, we do not accept orders from customers who specify a delivery address outside of certain countries. For a list of the countries we deliver to, please check the Delivery information page on the Site. We do not accept orders for delivery to freight forwarding companies.

3. Our acceptance of your Order

   1. Any order you place on the Site represents an offer by you to us to make a purchase, which offer is accepted by us only when, in respect of:

      1. Physical Products, you receive confirmation from us that the Product(s) have been dispatched (the “Dispatch Confirmation”). A contract will exist between you and us once we have sent you the Dispatch Confirmation; and
      2. Digital Products, once we send you an email confirming that a contract exists between you and us in relation to the Digital Product(s) and make the Digital Product(s) available for download.

   2. Prior to our acceptance of your order in accordance with clause 3.1, we reserve the right to cancel the Transaction or part of it, for example, if:

      1. we have been unable to take payment from you;
      2. a Product is out of stock or we have no remaining saleable stock (for example, because all remaining stock of a Product is damaged);
      3. we have identified an error in the price or description of a Product;
      4. your shipping address is located outside of the countries to which we deliver;
      5. your order breaches any of these Transaction Terms; or
      6. we have good reason to suspect that any Product(s) you have ordered are intended for business or commercial use (including where a freight forwarding company’s address has been specified as the delivery address, or where we receive orders from different customers for delivery to the same address).
   3. If we cancel any Transaction or part of it, or if any additional or different information is required to accept a Transaction, we or a third party acting on our behalf will inform you of this.

   4. If we cancel a Transaction or part of it:

      1. we will not charge you for the relevant Product(s); or
      2. if we have already taken payment from you for the relevant Product(s), we will refund you in full.
   5. Contracts with us can be concluded in the language(s) used on the Site only. The details of each contract will be retained by us for future reference. If you have an account with the Site, you can access details of each order you have placed using your account for at least two years following each order date via the “My Account” section of the Site.

4. Price & Payment

   1. The price and availability of any Product offered through the Site are subject to change without notice.
   2. Product prices on the Site will be inclusive of VAT (where VAT is applicable).
   3. The payment methods that we accept for Transactions are specified at the bottom of the Site. We will take payment immediately upon your placing of an order on the Site. For more details on payments, please refer to the FAQs available on the Site.
   4. You are responsible for any costs payable to third parties that may be incurred by you in connection with a Transaction, including any applicable network charges in respect of mobile downloads and any additional duties and taxes (such as import duties and taxes) that may be applicable. For more details about when import duties and taxes may be payable, please refer to the FAQs available on the Site.
   5. Despite our best efforts, it is possible that a Product may be incorrectly priced. If the correct price of the Product is less than our stated price, we will refund you the difference between the correct price and the stated price. If the correct price of the Product is higher than our stated price, we will contact you to tell you and ask for your instructions.

5. Product Delivery

   1. We reserve the right to change Product delivery options without notice. Any such change will only apply to future orders you place and not any order you have already placed.
   2. We will make Digital Product(s) available for download by you once we have received full payment for such Digital Product(s).
   3. If we accept your Transaction in accordance with clause 3.1.1, we will deliver the relevant Physical Product(s) to you within the timeframes specified in the FAQs available on the Site. Please note that we do not dispatch separate deliveries of Physical Products which are ordered as part of a single order. There may therefore be a delay in dispatching the Physical Products you have ordered until all Physical Products are available for dispatch, including in the following circumstances:
      1. if your order contains one or more pre-ordered Physical Product(s), all of the Physical Products you have ordered will be dispatched after the final pre-order release date; and
      2. if a Physical Product you have ordered is temporarily out of stock, then unless you choose to cancel, all of the Physical Products you have ordered will be dispatched once the relevant out of stock Physical Product comes back into stock.
   4. On occasion, technical and other problems may delay or prevent delivery of a particular Product.
   5. If:
      
      1. we notify you that we anticipate a substantial delay in delivering a Physical Product to you; or
      2. you experience a substantial delivery delay with regards to a Physical Product;

      you may cancel the contract (or in respect of the relevant Physical Product only) by contacting us at hello@wmgcustomerservice.com. We will then refund all sums you have paid to us for the relevant Physical Product(s). If you cancel and have already received, or subsequently receive, the Physical Product(s), you must return them to us to the address specified in clause 14 if we ask you to. If so, we will compensate you for your reasonable costs in returning the Physical Product(s) to us by post or courier.

   6. If we or our carrier attempt to deliver Physical Product(s) to you but are unable to do so, and if you do not re-arrange delivery or collect the Physical Product(s) from a delivery depot, we or the carrier will contact you for further instructions. If, despite reasonable efforts, we or the carrier are unable to contact you or re-arrange delivery or collection, we may end the contract.
   7. Ownership of the Physical Product(s) will pass to you on delivery, provided that we have received the required payment in full. You will be responsible for the Physical Product(s) once they are delivered to you.
   8. We are not responsible and will not be liable for delay in delivery of, or failure to deliver, any Product if you have entered your address incorrectly. If you have entered your address incorrectly, we will attempt to contact you to confirm the correct address. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract.

6. Cancellations and Returns (applicable to customers who are consumers in the UK or European Union only)

   1. This clause 6 applies to you only if you are a consumer in the United Kingdom or European Union.

   2. Except as stated in clause 6.11, you have a right to cancel any contract between us without giving any reason at any time within fourteen (14) days (the “Cancellation Period”). The Cancellation Period ends 14 days after:

      1. in relation to a contract for Physical Products, the day on which you, or a third party (other than the carrier) indicated by you, receive the Products; or
      2. in relation to a contract for Digital Product(s), the day on which the contract is concluded.

   3. To cancel a contract under this clause 6, you must notify us of such cancellation before the end of the Cancellation Period. You may cancel by:

      1. emailing us at hello@wmgcustomerservice.com; or
      2. completing and submitting the model cancellation form available to download here to the email address or postal address provided on the form.
   4. If you cancel in accordance with this clause 6 before your Physical Product(s) have been dispatched, we will not dispatch the Physical Product(s) and will reimburse you in accordance with clause 6.7 without undue delay and no later than fourteen (14) days after the day on which we are informed about your decision to cancel the contract.
   5. If you cancel in accordance with this clause 6 after your Physical Product(s) has been dispatched or after you, or a third party (other than the carrier) indicated by you, have received the Physical Product(s), you must return the Physical Product(s) to the address specified in clause 14, at your cost and no later than fourteen (14) days after the day on which we are informed about your decision to cancel.

   6. We will not be responsible for any costs you incur in returning any Physical Product(s) to us. We will reimburse you in accordance with clause 6.7 without undue delay and not later than:

      1. 14 days after the day we receive the Physical Product(s) back from you; or
      2. (if earlier) 14 days after the day you provide evidence that you have returned the Physical Product(s).
   7. Where you are entitled to a reimbursement under this clause 6, we will reimburse you for all payments received from you for the relevant Product(s), except as stated in clauses 6.8 and 6.9.
   8. If you are returning the entirety of the Physical Product(s) covered by the contract, such reimbursement will include any delivery costs you paid us for, provided that the maximum refund for delivery costs will be the costs for the least expensive delivery method we offer.

   9. We may also make a deduction from any reimbursement which is due in respect of the price of a Physical Product to reflect any reduction in its value which is the result of your handling of the Physical Product in a way which would not be permitted in a shop. Please see our Returns Policy available on the Site for examples of such unacceptable handling.

      Please note that if such reduction in value is equal to the total price of the Physical Product, then no reimbursement in respect of the price shall be given. If we refund you the price paid for any Physical Product before we are able to inspect the Physical Product and later discover you have handled the Physical Product in an unacceptable way, you must pay us an appropriate amount to reflect the reduction in value.

   10. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise with us; in any event we will not charge any fees as a result of the reimbursement.

   11. Please note that you do not have the right to cancel under this clause 6 in respect of any Products which are:

       1. sealed for health protection or hygiene purposes (for example, underwear and swimwear), if these have been unsealed after delivery (for example, if the hygiene strip becomes detached from swimwear or underwear);
       2. magazines and periodicals;
       3. sealed audio or video recordings or computer software, if you unsealed them after delivery; or
       4. any Digital Product, once you start to download provided that (i) you expressly consented to us making the Digital Product available to you prior to expiry of the Cancellation Period; (ii) you acknowledged that you will lose the right of cancellation by giving such consent; and (iii) we provided you with confirmation of your consent and acknowledgment by email.

7. Our goodwill returns policy for physical products

   1. We offer a goodwill returns policy in relation to Physical Products under which you can change your mind about any Physical Product that you order and receive a refund, subject to the conditions specified in this clause 7. In particular, please note that certain types of Physical Product cannot be returned under our goodwill returns policy, as stated in clause 7.7.
   2. Our goodwill returns policy applies where:
      1. clause 6 does not apply to you because you are not a consumer in the United Kingdom or European Union or
      2. clause 6 does apply to you, but you have not complied with its requirements in respect of a contract and it is therefore no longer applicable to you (for example, because you did not notify us of cancellation before the end of the Cancellation Period specified in clause 6.2).
      Our goodwill returns policy does not affect your legal rights in relation to the Physical Products, as mentioned in clauses 6 and 9.
   3. To cancel a Transaction in relation to one or more Physical Product(s) under this clause 7, you must:
      1. notify us of such cancellation within thirty (30) days of receiving the Physical Product(s) by contacting us by email at hello@wmgcustomerservice.com. If you do so after your Physical Product(s) has been dispatched or after you have received the Physical Product(s), you must return the Physical Product(s) to the address specified in clause 14 no later than thirty (30) days after the day on which we are informed about your decision to cancel; or
      2. return the Physical Product(s) to the postal address specified in clause 14, together with a completed copy of the returns form enclosed with the Physical Product(s), within thirty (30) days of receiving the Physical Product(s).
   4. You will be responsible for the costs of returning the Physical Product(s) to us when cancelling under this clause 7.
   5. We will reimburse you for all payments received from you for the Physical Product(s) without undue delay, provided that if you cancelled after the Physical Product(s) were dispatched to you, we have received them back from you or evidence of their return. However, we will not refund you for any amounts you paid us for delivery of the Physical Product(s).
   6. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise with us; in any event we will not charge any fees as a result of the reimbursement.
   7. Please note that you do not have the right to cancel under this clause 7 in respect of any Physical Products which are:
      1. worn, damaged or unacceptably handled in any way. Please see our Returns Policy available on the Site for examples of such unacceptable handling;
      2. sealed for health protection or hygiene purposes (for example, underwear and swimwear);
      3. magazines and periodicals; or
      4. sealed audio or video recordings or computer software.

8. Cancellation and Returns – Digital Products

   1. Please note that except as stated in clause 6 and this clause 8, Digital Products are non-refundable and non-exchangeable.
   2. You may be entitled by law to a full or partial refund or other remedy if there is a problem with a Digital Product. Please contact us if so. See clause 9 for further information.
   3. You may cancel any Digital Product(s) that you have purchased as a pre-order at any time before the release date of the relevant Digital Product(s) by emailing us at hello@wmgcustomerservice.com. If you do so, we will reimburse you for all payments received for the relevant Digital Product(s), in accordance with clause 6.10, without undue delay and no later than fourteen (14) days after the day on which we are informed about your decision to cancel.

9. Defective Products

   1. If you are a consumer in the United Kingdom or European Union, we are under a legal duty to supply Product(s) that are in conformity with the contract.
   2. If you are a consumer in the United Kingdom or European Union, nothing in these Terms will affect your legal rights as a consumer with respect to the Product(s), except (for UK consumers only) as stated in clause 10.1.
   3. If you are a consumer based in the United Kingdom, you can find out more about your legal rights by contacting Citizens Advice or the Trading Standards Institute.
   4. In the unlikely event that you experience a problem with any Product you have ordered, please contact us. See clause 14 for our contact details.
   5. Where you are entitled to a full refund, repair or replacement by law in respect of a Physical Product, we may ask you to return the relevant Physical Product to us. If so, you must return the item(s) to us by post to the address specified in clause 14. We will cover your reasonable postage costs. If you are entitled to a full refund by law in respect of a Digital Product and you are a consumer in the European Union, once you have received a refund you must stop using the Digital Product.

10. Liability

    1. If you are a consumer in the United Kingdom and defective Digital Product(s) which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, applicable law may require us to either repair the damage or pay you compensation. If so, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Our liability for such damage shall be limited to £500.

    2. We will not be liable to you under these Transaction Terms or in connection with any Transaction in respect of any liability that occurs due to:

       1. your provision of incorrect or outdated information;
       2. your mobile handset being incompatible with the Site or having limited signal;
       3. your mailbox being full; or
       4. your failure to comply with instructions for use of the Site.
    3. In addition, we will not be liable to you:
       1. in the circumstances described in clause 5.8;
       2. in respect of any matter which is outside of our reasonable control, provided that we will contact you as soon as possible to let you know if there is a problem with any Transaction and we will take steps to minimise the impact where possible;
       3. for any loss of profit, loss of business, business interruption, or loss of business opportunity; or
       4. for any losses which are not a foreseeable result of any breach of these Transaction Terms by us.
    4. Nothing in these Transaction Terms shall operate to exclude or restrict any liability which cannot be excluded by law, including:
       
       1. death or personal injury caused by our negligence; or
       2. fraud or fraudulent misrepresentation; or
       3. if you are a consumer in the United Kingdom or European Union, for breach of your legal rights as a consumer in relation to the Products (for example, if any Product is faulty or misdescribed), except (for UK consumers only) as stated in clause 10.1.

11. Usage Restrictions for Products

    1. You may use the Products that you purchase or obtain on or through the Site solely for personal, non-commercial purposes. You are not granted any rights to use the Products for any commercial purposes, including for commercial sale, resale, reproduction or broadcast in any format, distribution, promotional use, or public performance.
    2. All intellectual property and other rights in any Products that we make available through the Site are owned by us, our affiliates and/or our (or their) licensors.
    3. In respect of Digital Products, upon payment of the applicable purchase price by you, we grant you a non-exclusive, non-transferable licence to use the Digital Product(s) in accordance with these Transaction Terms.
    4. Except as otherwise expressly provided in these Transaction Terms, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Digital Products or any other audio-visual Products (e.g. CDs, vinyl, DVDs, Blu-Rays, Ultra HD Blu-Rays) or any related software.
    5. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Digital Products or any other audio-visual Products or any copyright protection or use limitation systems associated with such Products. You may not play and then re-digitize any such Products, or upload any such Products or derivatives of them to the Internet.
    6. You may not use Digital Products or any other audio-visual Products in conjunction with any other content, including in conjunction with content embodied on any other Digital Products or other audio-visual Products sold on the Site (e.g. to provide sound for video).
    7. You may not transfer, sell or offer to sell the Digital Products, including by posting any Digital Product for auction on any Internet auction site or “trading” the Digital Products for money, goods or services.
    8. For further details on usage restrictions on Digital Products, please see the FAQs available on the Site.

12. Product Requirements & Compatibility

    1. You acknowledge that your use of our Digital Products requires other hardware and software tools (e.g. in the case of permanent audio downloads, for making copies of the audio files and listening to them). Please refer to the product page for each Digital Product and the FAQs for further information on the functionality, compatibility and interoperability of the Digital Products, including any system requirements which apply to your device in order to enjoy Digital Products, and instructions for and frequently asked questions in relation to downloading and accessing Digital Products. Obtaining and maintaining such hardware and software, and the payment of any charges relating to such hardware and software, is your sole responsibility.
    2. We reserve the right to change at any time, with or without prior notice to you, the type of software or hardware required to download, transfer, copy and/or use or limit the use of any Digital Products. Any such change will not affect any Digital Product(s) you have already purchased.

13. General

    1. We may amend these Transaction Terms from time to time. However, the version of the Transaction Terms that applied at the time you made a Transaction will continue to apply to that Transaction, except where a change is required by law or governmental authority, in which case such change shall apply to the Transaction if specifically notified to you by us.
    2. If we do not insist immediately that you do anything you are required to do under these Transaction Terms, or if we delay in taking steps against you in respect of your breaking these Transaction Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    3. If a court or other relevant authority finds that any provisions of these Transaction Terms are unlawful, the remaining provisions of these Transaction Terms will remain in full force and effect.
    4. You may only transfer your rights or your obligations under these Transaction Terms to another person if we agree to this in writing.
    5. Nobody else has any rights under these Transaction Terms except you and us. No other person shall have any rights to enforce these Transaction Terms.
    6. These Transaction Terms and any matters arising in connection with these Transaction Terms shall be governed by the laws of England. However, if you are a consumer and your usual country of residence is in the European Union, you can also rely on the mandatory consumer protection rules that apply in your country. You can bring legal proceedings in connection with these Transaction Terms in the United Kingdom or any European member state country in which you live.

14. Queries or Complaints

    If you have any queries or complaints regarding your Transaction, please feel free to contact us by writing to us at hello@wmgcustomerservice.com or:
    
    Returns
    WMIS c/o Ceva - CLS
    Drayton Field Industrial Estate
    Nasmyth Road
    Daventry NN11 8NF
    Northamptonshire
    United Kingdom

    You may also contact us by calling 01295 957766.