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Tillerman Records Terms of Use

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.tillermanrecords.com (Our Site) to you and upon which you may enter our competitions (Competitions). Please read these terms and conditions carefully before ordering any Products from our Site and before entering any of our Competitions. You should understand that by ordering any of our Products, and by entering our Competitions you agree to be bound by these terms and conditions. We have the right to revise and amend these terms and conditions from time to time without notice.

You should print a copy of these terms and conditions for future reference.

Please note: Refusal to accept these terms and conditions, means you will not be able to order any Products from our Site or enter any of our Competitions.

  1. INFORMATION ABOUT UStop
  2. This Site, www.tillermanrecords.com is a website owned and operated by Tillerman Records Limited (We, Us, Our). We are registered in England and Wales under company number 06031713 and with our registered office at Tillerman Records Ltd, Studio 13, Business Resource Centre, Liverpool, Merseyside. L33 7TX. Our UK registered VAT number is 910 2499 44.
  3. EMBEDDED TICKETStop
  4. Each of our CD Album releases contains an embedded code that is unique to each disc (Ticket). These Tickets, once registered, grant exclusive access to content not-otherwise available such as artist demos, gig tickets, signed posters etc. The Ticket also grants access to our Competitions for the chance to win prizes. Tickets do not expire and there is no limit on the number of Tickets that can be registered to an account.
  5. PRIZE FUNDtop
  6. We allocate 50% (fifty percent) of the net profit generated from each CD Album sold to our Competition prize fund.
  7. ELIGIBILITY FOR OUR COMPETITIONStop
  8. You are eligible to enter our Competitions if you:
    1. Purchase a CD Album featuring an embedded ticket as released on the Tillerman Records label;
    2. Become a registered member in order to add one or more Ticket(s) to your account;
    3. Remain a registered member at the time of the draw;
  9. You must also be:
    1. A citizen or legal resident of any country in the world (other than Iraq, Afghanistan, North Korea or Burma);
    2. 16 years of age or older at the time of entry;
    3. Human - any use of electronic or software devices or otherwise to enhance or alter yours or any other members' odds of winning will automatically disqualify you from all Competitions. Void wherever prohibited by law.
  10. Note: Only members with one or more Ticket(s) registered to their account will be eligible for entry.

    Should you die or choose to cancel your membership, any Tickets registered to your account will become void resulting in the ineligibility to enter subsequent draws. Once void, Tickets cannot be reinstated.

    Return of any prize or prize notification as "undeliverable" will result in disqualification and an alternate winner may be selected.

    We may require winners to provide proof that they are the authorised account holders of both the member account to which the winning Ticket is registered and the email address assigned to that account. Any winner who does not fulfil these requirements if requested will be disqualified.

    In the event of a prize winner being disqualified, the winners' allocated prize will be rolled over into the next prize draw. Ineligible entrants may be disqualified at any time at the sole discretion of us.
  11. HOW TO WINtop
  12. We will make a prize draw every time the prize draw fund accumulates £25,000 (twenty-five thousand pounds sterling). The frequency of draws will vary in relation to CD Album sales.

    Entrants must successfully answer 3 (three) simple questions to complete their entry into a draw.

    Winners will be selected at random by a computer program from the correct entries.

    The decisions of the Judges will be final and binding.

    The odds of winning will be determined by the total number of correct, eligible entries received and the number of valid Tickets per entry.

    The winners will be notified by email within 2 (two) working days of the drawing and must meet all eligibility requirements including the execution and return of all necessary releases.

    Winners will be included in the 'Winners' section of the website following receipt of confirmation. Each winner's full name, country and county/state will be shown together with details of their winning Ticket.

    Winners may be requested to supply a photograph for publication and/or take part in our related promotional activities.
  13. PRIZEStop
  14. Details of the prize values will be notified on our website.

    Prizes are non-transferable.

    Prizes will be delivered to the home addresses of the respective prize winners, unless otherwise stated in the additional terms and conditions for that particular prize draw.
  15. FURTHER RULEStop
  16. Winners may be required to prove their identity.

    Participants may not register multiple accounts using multiple email addresses or enter our Competitions as multiple participants. Any participant who attempts to enter with multiple email addresses or under multiple identities, or use any device to multiple times will be disqualified.

    We reserve the right to cancel or suspend and Competition and/or account(s) should viruses, bugs, unauthorised human intervention, or other causes beyond our control corrupt the administration, fairness, integrity, proper operation or security of the prize draws or for any other reason as determined by us at our sole discretion.

    A copy of the winners list can be obtained by sending a pre-paid, self-addressed envelope to the following address within 1 (one) calendar year of the requested prize draw: Winners List, Tillerman Records Ltd, Studio 13, Business Resource Centre, Liverpool, L33 7TX, United Kingdom. Alternatively, the winners list can be found via the "Winners" section accessible from all member accounts.
  17. DATA PROTECTION AND PRIVACYtop
  18. Please refer to our Privacy Policy.
  19. ORDERStop
  20. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that you 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 email that confirms that the Product has been dispatched (the Dispatch Confirmation). The order will only be confirmed when we send you the Dispatch Confirmation.

    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.
  21. OUR STATUStop
  22. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products and/or services provided by such companies on such websites linked to from our site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAMER does not affect your statutory rights against the third party seller.
  23. CONSUMER RIGHTStop
  24. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Product(s). In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (set out in clause 15).

    To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own 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.

    Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
  25. AVAILABILITY AND DELIVERYtop
  26. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within [30 days] OR [a reasonable time] of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
  27. RISK AND TITLEtop
  28. The Products will be at your risk from the time of delivery. 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.
  29. PRICE AND PAYMENTtop
  30. The price of any Products will be as quoted on our site from to time, expect in cases of obvious error.

    These prices include VAT if you are ordering within the EC but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide located within the Help section.

    Prices 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.

    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.

    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 a mispricing.

    Payment for all Products must be by credit or debit card. We accept payment using the following methods:
    1. VISA
    2. MasterCard
    3. VISA Electron
    4. Maestro
    5. Solo
  31. We will not charge your credit or debit card until we dispatch your order.
  32. OUR REFUNDS POLICYtop
  33. When you return a Product to us:
    1. Because you have cancelled the Contract between us within the seven-day cooling off period (see clause 11 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However you will be responsible for the cost of returning the Product to us.
    2. For any other reason (for instance, because you have notified us in accordance with clause 25 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via-email 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 email that you were entitled to a refund in full, including a refund of the delivery charges for sending the Product to you and the cost incurred by you in returning the item to us.
  34. We will usually refund any money received from you using the same method originally used by you to pay for you purchase.
  35. OUR LIABILITYtop
  36. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.

    Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].

    This does not include or limit in any way our liability:
    1. For death or personal injury caused by our negligence;
    2. Under section 2(3) of the Consumer Protection Act 1987;
    3. For fraud or fraudulent misrepresentation; or
    4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  37. We are not responsible for indirect losses which happen as a side effect of the main loss or damage [and which are not foreseeable by you and us] (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable].

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by events outside of our reasonable control.

    [Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.]
  38. IMPORT DUTYtop
  39. If you order any Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

    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.
  40. WRITTEN COMMUNICATIONStop
  41. Applicable laws require that some of the information of communications we send to you should be in writing. When using our site, you accept that communications with us will be mainly electronic. We will contact you by email 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 requirements that such communications be in writing. This condition does not affect your statutory rights.
  42. NOTICEStop
  43. All notices given by you to us must be given to Tillerman Records at Studio 13, Business Resource Centre, Liverpool, Merseyside, L33 7TX, United Kingdom. Or by email via the Contact section located on our website. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 18 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email has been sent or three days after the date of posting 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 email, that such email was sent to the specified email address of the addressee.
  44. TRANSFER OF RIGHTS AND OBLIGATIONStop
    1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
    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.
    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.
  45. EVENTS OUTSIDE OUR CONTROLtop
  46. We will not be liable of 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).

    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:
    1. Strikes, lock-outs or other industrial action.
    2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    5. Impossibility of the use of public or private telecommunications networks.
    6. The acts, decrees, legislation, regulations or restrictions of any government.
  47. 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.
  48. WAIVERtop
  49. If we fail, at any time during the term of a Contract, to insist upon strict performance if 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

    A waiver by us of any default shall not constitute a waiver of any subsequent default.

    No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 18 above.
  50. SEVERABILITYtop
  51. 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.
  52. ENTIRE AGREEMENTtop
  53. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

    We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for the breach of Contract as provided in these terms and conditions.

    OR

    We intend to rely upon these terms and conditions and any other document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
  54. OUR RIGHT TO VARY THESE TERMS AND CONDITIONStop
  55. 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 systems capabilities].

    You will be subject to the policies and terms and conditions in force at the time that you order and Products from us, unless any changes to those policies or these terms and conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you), or if we notify you of the changes 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).
  56. LAW AND JURISDICTIONtop
  57. Contracts for the purchase of any Products through our site shall be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.


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Copyright © 2007-2012 Tillerman Records Ltd. All Rights Reserved.
Tillerman Records Ltd, Unit 4, Birchall Street, Liverpool, L20 8PD.
Registered in England and Wales: 06031713 | VAT: 910 2499 44