Terms and Conditions
General Terms and Conditions
These terms and conditions were last updated on: 25 March 2016.
This page (together with the documents referred to on it) tells you the terms and conditions on which we make available our website www.cdpool.com (our site) to you, and supply any of the products (Products) listed on our site to you. Please read these terms and conditions carefully when visiting our site, and before ordering any Products from our site. You should understand that by using our site and ordering any of our Products, you agree to be bound by these terms and conditions. If you do not agree to any of these terms and conditions, you should immediately navigate away from this website.
You should print a copy of these terms and conditions for future reference.
When purchasing Products from us, you will be required to explicitly confirm you have read and agreed to be bound by these terms and conditions. Please note that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 We operate the websites www.cdpool.com & www.cdpooldigital.com. We are CD Pool (UK) Limited, a company registered in England and Wales under company number 02867890 and our main trading address (and also registered office address) is at Devonshire House 223 Upper Richmond Road, London, SW15 6SQ. Our VAT number is 825 5213 44.
1.2 We are a mail order company and digital music service for professional music DJs and VJs only, and by purchasing any Products from our site, you confirm to us that you are a bona fide music DJ contracting with us as part of your business activities and you are not a consumer. For our digital service please visit www.cdpooldigital.com.
2. Service availability
2.1 Our site is primarily only intended for use by businesses in the countries in the European Union and EFTA Countries (Serviced Countries). We do not accept orders from any person or entity outside those countries unless we explicitly state otherwise.
2.2 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.4 When using our site, you must comply with the provisions of our acceptable use policy.
2.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
4. Site changes
We aim to update our site regularly and may change the content at any time. If the needs arise, we may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any time given, and we are under no obligations to update such material.
5. Our Liability
5.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
5.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
5.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6. Information about you and visits to our website
7. Uploading material to our site / acceptable use policy
7.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
7.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
7.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material is, without limitation,:
7.4.1 Malicious, false, abusive of deemed offensive to others;
7.4.2 Infringes a third party’s intellectual property or privacy rights;
7.4.3 Promote any illegal activity; or
7.4.4 Any other reason in our sole discretion.
8. Viruses, Hacking, and other offences
8.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9. Purchasing goods through our site
In addition to all other terms and conditions, this clause 9 sets out additional terms and conditions which apply when you purchase promotional CD compilations and related material from our site:
9.1 Your Status
By placing an order through our site, you warrant that:
9.1.1 you are legally capable of entering into binding contracts; and
9.1.2 you are at least 18 years old; and
9.1.3 you are a professional music dj – that is you are contracting with us for your business purposes as a sole trader, limited liability company or other trading entity, and you are not acting as a consumer.
9.2 How the contract is formed between you and us
9.2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
9.2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
9.3 Cancellation Rights
9.3.1 You accept that the Consumer Protection (Distance Selling) Regulations 2000 only applies to consumers, and therefore does not apply to this agreement between you and us and your purchase of Products from us. Cancellations of Contracts may only occur subject to our sole discretion on a case by case basis.
9.3.2 If you wish to cancel Contract, you must notify us in writing – which includes by email. If we accept and agree, acting in our sole discretion, that you may cancel a Contract (which we are under no obligation to do) then you must return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.3.3 Please note that if you unseal any packaging on a product which we send you (such as removing the security label or cellophane packaging surrounding the CD case) then your right to cancel a Contract immediately terminates. Any agreement by us to accept a termination of a Contract after you have opened up a CD case remains at our sole discretion and you should note that under law we are not required to accept any termination of contracts relating to music CDs once the product has been opened.
9.3.4 If you purchase a subscription service from us, then once your order has been submitted the service shall be deemed to have commenced. As a result, you will not be able to cancel a subscription service other than by giving us not less than seven (7) days notice prior to the next subscription payment due date.
9.3.5 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights.
9.4 Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonable possible after the date of the Dispatch Confirmation, unless there are exceptional circumstances.
9.5 Risk and title
9.5.1 The Products will be at your risk from the time of delivery.
9.5.2 Subject to clause 9.6 below, ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, however you are advised to read clause 9.6 carefully.
9.6.1 The sound recordings and underlying compositions embodied therein are owned by third party rights owners and are provided to you on the strict licence terms contained in this clause 9.6:
(a) Your right to use the recordings is limited to your non-commercial use, and in the event that you wish to use the Products for commercial purposes, then it is your sole responsibility to ensure that any public venue has the appropriate licences and permissions for the public performance by you of the Products;
(b) It is your responsibility to ensure that you have acquired all applicable permissions to use the Products as you intend;
(c) The sound recording is specifically licensed for use by the Phonographic Performance Limited (PPL) and remains the property of PPL. The recordings are not for sale or subsequent loan, license or hire by you;
(d) No other rights in the Products are granted to you.
9.7 Price and payment
9.7.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.7.2 Product prices include VAT.
9.7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
9.7.6 Payment for all Products must be by credit or debit card. We accept payment with MasterCard, Visa, Amex, Switch, Direct Debit, Cheque, Postal Order, PayPal. We will not charge your credit or debit card until we dispatch your order.
9.7.7 When you purchase a subscription from us then we shall request payment from your bank using your payment details submitted to us on a monthly, quarterly or annual basis. Subscriptions may be cancelled by you at least seven (7) days in advance prior to the next payment due date if you wish to cancel your subscription. We normally take payment on the 20th day of each month (or nearest working day). Any request to cancel your subscription with less than seven (7) days notice is subject to our sole discretion.
9.8 Our refunds policy
9.8.1 If we accept that you may cancel a Contract, then:
(a) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) we will examine the returned Product and 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. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
9.10 Our liability for the products
9.10.1 Subject to clause 9.10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
9.10.2 Subject to clause 9.10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 9.10.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 9.10.2.
9.10.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.11 Local Laws
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to CD Pool (UK) Limited at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. You may check on the progress of any of your orders by contacting a member of our staff during working ours of 9:30am GMT/BST to 6:00pm GMT/BST
12. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks; and
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
17. Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.