Terms and Conditions
Terms & Conditions of Use of Divine Art Recordings Group website (purchase of product)
1 What do these terms and conditions cover?
When you as a visitor to our website or the maker of a purchase on the site, use the Divine Art on-line store, you create a contract for the sale and purchase of goods or services. These are the terms of that contract. By using the on-line store you agree to these terms and conditions and will be bound by them as will we. These terms and conditions may be amended by us from time to time, and the date of the amendment is shown at the bottom of this page. It is your responsibility to check these terms and conditions, because use of the site denotes your acceptance of them – including any changes which have been made since any previous visit to the site. Any dispute arising out of the use of this website or of the services provided via the website shall be adjudged in accordance with English Law and the High Court of Justice in England shall be the sole court of jurisdiction.
2 Who is the supplier I am dealing with?
The supplier you are dealing with is Divine Art Limited. This is a limited company registered in England under company number 2003292. The registered office of the company which is where all official notices have to be sent is:
176-178 Pontefract Road, Cudworth, Barnsley S72 8BE.
Some aspects of our service such as delivery of product to customers in the USA and Canada may be managed by our associate/parent company Diversions LLC which is based at 333 Jones Drive, Brandon, Vermont 05733 on behalf of Divine Art Limited.
3.1 On-Line Account – creation
3.1(a) An account may be set up and held by a private individual only and not by companies, partnerships or other commercial organisations. Commercial organisations may apply by email telephone or post for a trade account
3.1(b) All account holders must be 18 years of age or more, and by creating a user account the user warrants that he has reached the age of majority and is competent to form a legally binding agreement.
3.1(c) It is not necessary to create an account in order to purchase goods or services from us, but account holders may receive from time to time special offers and discounts not available to ‘anonymous’ purchasers.
3.1(d) all references to ‘account’ here apply to an account set up purely for the purposes of purchasing items and/or receiving communications from us, and also to any paid subscription account which we may offer. Any such paid account may have additional terms and conditions which will be communicated to applicants.
3.2 On-Line Account – use
3.2(a) you will be required to provide full and accurate details in order to activate your account;
3.2(b) you are responsible for keeping these details up to date so as to ensure we are able to communicate with you efficiently and deliver product without undue delay;
3.2(c) in order to purchase from the site through your account, you will be required to create a password. This must be kept strictly confidential and not disclosed to any other person. If you suspect there is any breach in this confidentiality you must inform us immediately. If we suspect that another person has access to your password (with or without your permission) we may at our discretion require you to select a new password and temporarily suspend your account until such time as we are satisfied that the security of the account has been restored; if you have allowed another person to use your account we may decline to permit you to re-register.
3.2(d) once a user account has been set up, and for so long as it is being operated in accordance with these terms and conditions we will be able to provide goods in the form of physical product and to grant non-exclusive sub-licences to the user so as to allow downloads of content to take place;
3.2(e) where content is made available to the user in the form of a download, notwithstanding the use of the word “purchase” or “buy” at any stage within the process, any transaction between us will take the form of a grant of a non-exclusive, revocable and non-assignable licence to download and thereby have access to the content specified in the order. The licence does not convey ownership or any property right or interest in the content but permission to download and use the content. This permission extends to the user only and is for the user’s non-commercial use only.
4 Purchasing goods and services: physical product
4.1 Orders placed to purchase physical product, for example compact discs, via the website will be accepted and a contract for its delivery formed between you and us where:
4.1(a) you have selected a physical product which is available for delivery; and
4.1(b) you have made due payment via credit or debit card through our payment processor WooCommerce, or after supplying payment details by phone or mail; and
4.1(c) we have acknowledged, by delivery of an e-mail to you, that your order has been successfully received and accepted by us.
Delivery will then occur as per the delivery terms and conditions set out in section 5
Purchasing goods and services: intangible product
4.2 Orders placed in relation to the download of content will be accepted and a contract formed between you and us for it to be made available to download where:
4.2(a) you have selected content in the format appropriate to your needs and equipment – you are responsible for ensuring that your playback equipment is suitable for the format of audio file chosen
4.2(b) you have made due payment via credit or debit card through our payment processor WooCommerce, or after supplying payment details by phone or mail; and
4.2(c) we have acknowledged, by delivery of an e-mail to you, that your order has been successfully received and accepted by us.
4.3(a) Prices for all products are shown on the appropriate product page. Where the product is available in more than one format (for example CD or MP3) the price for each format will be shown when you check the appropriate box. Prices may be viewed in either UK pounds sterling or US dollars by clicking the UK or US flag at the top of the web page. Currently US prices are pegged to UK prices by automatic reference to the day’s exchange rate. We reserve the right to use discrete price lists for each currency instead.
4.3(b) all prices are exclusive of delivery costs, where applicable. When UK (sterling) prices are shown, delivery costs are based on shipping from the United Kingdom. When US prices are shown, delivery costs are based on shipping from Vermont, USA. You are responsible for ensuring that you choose the correct options for pricing and shipping, Delivery costs will be shown at checkout before you finalise your purchase.
4.3 (c) all prices are inclusive of VAT, where applicable.
5(a) Successful orders for physical product ordered in sterling currency will be despatched by first class mail (Air Mail for international orders) as soon as possible: this is generally within 2 working days. We are not able to track these packages nor guarantee the speed of postal services or their susceptibility to industrial action. Large orders (more than ten items, usually), may be shipped using a specialist courier such as UPS or DHL and these can be tracked. If your order includes a “pre-order” item we will send the whole order when the pre-order item is in stock – this is usually about two weeks prior to the official release date. If this date is more than two weeks away we may send stock items immediately and the pre-order item when it is in stock. If we do this no extra charge will be made.
5(b) If you make a successful order for downloadable content you will receive a download link by e-mail, usually within a few minutes of completing the order. If this link does not work, please inform us immediately by e-mail or telephone, so that we can investigate the problem and ensure rapid completion of your order.
6 Returns, Cancellation & Complaints
6.1 If you wish to cancel an order for a physical product ( for example CD, DVD) which is not defective, you have the right to do so providing you contact us within 14 days of receipt of the item and providing that the shrink-wrap or cellophane layer enclosing the item has not been damaged or otherwise unsealed. The product must be in perfect order. A refund will be made but only of the price paid by you for the item in question and not for the price of returning the item itself. To return an item, please enclose a note giving the reason for the return along with a copy of your online receipt or paid invoice. Package securely and send it to the address below.
6.2 Defective or Faulty CDs or Booklets We will replace items if they are found to be defective or faulty. If you think a CD, SACD or DVD is faulty, we recommend that you try the disc on another player before you return it. Often a problem is caused by a dirty laser drive or an older machine incapable of playing modern discs of more than 74 minutes duration. If having made such checks (which you should confirm to us) you must return the entire product including disc(s), booklet and packaging (not shrinkwrap) to us at the address below, giving a full description of the fault including details of the track number and time where the fault is. IF the problem is with a printed part, not the CD, just tell us what the problem is. All discs defective or faulty discs will be checked for a defect before a replacement is sent. Please remember to include your postal address!
6.3 Download Content:
6.3(a) once content has been made available for download the sale is complete and we are unable to accept a cancellation or effect a refund in relation to orders made in error;
6.3(b) if you have problems with content you have downloaded of a quality control nature (for example missing tracks or playback issues, tell us by email within 7 days of receiving the download and we will use our best endeavours to correct the problem and supply fully operational files. But this is subject to the next paragraph.
6.3(c) we cannot be held responsible for any difficulties that you might encounter with content they have downloaded that relate to compatability with your software and/or hardware and it is the user’s responsibility ensure that the test files available on the website function properly on their equipment before proceeding to purchase content;
6.4 Return Items Address & Complaints: Please return items to either
(a) Divine Art Limited (customer service) 176-178 Pontefract Road, Cudworth, Barnsley S72 8BE, UK, or to
(b) Diversions LLC (customer service), P O Box 418, Brandon, Vermont 05733, USA.,
whichever is more convenient for you. Any complaints can be sent to the same addresses or by e-mail to [email protected]
6.5 The returns and cancellation policy outlined in this paragraph does not in any way affect your statutory rights.
7 Privacy Notice and use of personal data
7(a) Any personal information provided to us is controlled primarily by Divine Art Limited (Company registration No. 2003292) having its registered office at 176-178 Pontefract Road, Cudworth, Barnsley S72 8BE, United Kingdom. We follow and obey the principles of the Data Protection Act of 1998 and all European directives and regulations on data protection. We are registered with the UK Information Commissioner under the Data Protection Act (registration number Z7560476). We are able to receive and store any information you enter on our website or give us except in relation to your credit card details. You can choose not to provide certain information, which will mean that you might not be able to take advantage of certain site features.
7(b) The information we learn from our customers helps us to improve our service. We use the information to handle orders, deliver products, process payments, communicate with you about orders and products, update our records and generally maintain your account with us. By using the site you agree to our use of the data we receive for these purposes.
7(c) Credit card transaction details (credit card number, credit card expiry date) are transmitted to our external payment processing company, WooCommerce. We do not have access to this information in any way.
7(d) Information about our customers is an important part of our business and we do not sell it to others. We share customer information only as described in this paragraph, and subject to this Privacy Notice and the applicable law. Sometimes we employ other companies and individuals to perform functions on our behalf, such as the warehouse sending your product. They also must comply with all applicable laws but may have different privacy policies. They have access to only such personal information as they need to perform their functions (for example if shipping an order, your name and delivery address).
8 Intellectual Property and copyrights
8(a) The Divine Art website and the devices which service it host and broadcast data in various forms so as to allow sound recordings, music, words, pictures, photographs, artwork, and logos (“the content”) to be displayed and made available on or via the website. The content and databases, and all designs, graphic devices and images hosted on the website are owned by or licensed to Divine Art Limited and are protected by copyright and other rights categorized as intellectual property laws. Except as expressly provided by these terms and conditions, the user is not permitted to download, copy, reproduce, alter, re-record, perform, publish, broadcast, share, upload or in any other manner disseminate or otherwise transmit, any of the content whether for pecuniary advantage or otherwise.
8(b) Unauthorized use of the content whether in the manner set out in the preceding sub-paragraph or otherwise may render the user subject to civil or criminal proceedings and thereby financial penalty for copyright infringement.
9 Disclaimers & Limitations
9(a) We do not make, and hereby disclaim insofar as is permitted by law, any representation or warranty as to the accuracy, suitability for a given purpose be it express or implied, or continued availability of the services, products or information from time to time made available on this site whether in relation to the technical or factual qualities of the information, the possibility of infringements of third party rights, or any other particular. We make no representation or warranty as to the ability to use the site without interruption of service or without exposure to data or code that might prove injurious to the computer, software or data owned or controlled by the user.
9(b) Unless expressly set out in these terms and conditions, neither Divine Art Limited nor any of its directors, employees or other representatives shall be liable for any loss or damage of any kind howsoever arising from use of the website.
9(c) The content on this website is made available subject to the laws and regulations in force in the United Kingdom as informed by the trading conventions and agreements of the European Union and we make no representation that in relation to other jurisdictions the content is free from restrictions whether in relation to the importation of goods, the prohibition on use of certain classes of intellectual property or otherwise; consequently any use of the website from outside the jurisdiction is entirely at the user’s own risk and subject to the user ensuring that the use is lawful and compliant with all relevant legislation within their jurisdiction.
9(d) We have no control over websites to which the user may link from our website and we cannot be held responsible for and disclaim all liability in relation to content that is held on such sites.
9(e) The limitations set out in the preceding paragraphs shall operate to the maximum extent permitted by law and consequently do not seek to limit such rights and liabilities that by operation of statute or other law are not capable of exclusion or limitation.
9(f) Should any part of these terms of conditions be held to be unenforceable or otherwise invalid, then that section shall be treated as being severed from the remainder of these terms and conditions and those remaining terms and conditions shall be applied in such a manner as best gives effect to the original intention of the parties. These terms and conditions and the information on the website to which they relate encompass the whole of the agreement between you and us and may only be varied by us in writing and via publication of any amendments on this website.
This edition: May 25, 2018