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Terms And Conditions Of Sale

 

All orders are accepted under these terms and conditions and are governed by English law under the jurisdiction of English courts. No other terms shall apply unless specifically agreed in writing by Delerium Records Ltd trading as The Freak Emporium. Customer's statutory rights are not affected.

 

1.      Definitions

 

For the purposes of this contract Delerium Records Ltd trading as The Freak Emporium shall be known as 'Delerium' and any purchaser shall be known as 'the customer'.

'Working day(s)' are all days other than Saturdays, Sundays and public holidays in the United Kingdom.

 

2.      Contract

 

A contract shall exist between Delerium and the customer only after Delerium has sent an email or written confirmation confirming receipt and acceptance of the customer's order.

 

3.      Ordering

 

There are five ways to place your order. Please inform us at the time of ordering if you require insurance and how you want to pay.

i.          By Phone. You can phone us on +44(0)1753 893008 between 10am and 6pm UK time, Mondays to Fridays (excluding UK public holidays). We can give you a quote immediately and you can pay by credit card for immediate despatch, or we will hold your order until we receive postal payment.

ii.         By Fax. You can fax us your order 24 hours a day on +44(0)1753 892879 and we will send confirmation of those items that we have in stock, including postage, by fax or post. Please let us know if we can fax you back confirmation and at what time. Always write your name and address clearly on the fax.

iii.       By Email. You can send your order by email to sales@freakemporium.com. We will email you confirmation of items that we have in stock, including postage. Please do not send credit card details by email, as it is not secure, and once we’ve confirmed your order and total amount, you can phone or fax them to us instead.

iv.      Through Our Website. Our website www.freakemporium.com uses a shopping cart system. The site is updated daily. You simply select the items and quantities you require, give us your name and address and the site will then give you a total price including postage and packing. You can give us authorization to charge your credit card, or pay by the other methods given in Section 4 – Payment. The site also has a sophisticated search engine to help you find items quickly.

v.        By Post. You can write to us to place your order, but please do not send money with your order unless you are ordering only Delerium releases (which are always in stock). Once we receive your order we will post back confirmation, including postage and packing and insurance if requested. For orders where we are awaiting payment, we will hold UK orders for up to two weeks and elsewhere for six weeks from the date we receive your order. If for some reason you cannot pay within this time please let us know. If we do not receive any payment or communication from you within the allotted time we reserve the right to remove you from our mailing list.

 

When ordering, please ensure that following guidelines are adhered to:

Do put your full name and address on all correspondence (not just on the envelope).

Do write clearly in block capitals on reasonably sized pieces of paper.

Do send your name and address with all payments.

Don’t send money with your order. We don’t keep unlimited stocks and some items may be unavailable for short periods. Write first with your order and we will send confirmation of how much money you need to send.

Don’t guess postage rates. Postage varies depending on destination, service and weight. We will confirm this to you in writing or on the telephone.

Don’t guess exchange rates. We will sometimes accept some foreign cash but only on our terms with advance agreement so please ask us what the exchange rate is before sending money.

Don’t list hundreds of items on your order and then pay for only one or two. Please only list what you intend to pay for. Asking us to hold an item that you don’t want is unfair to other customers.

Don’t keep changing your order. It can be confusing and cause delays.

 

4.      Insurance

 

Packages to non-UK destinations are NOT insured against loss or damage unless you specifically ask us to insure them AND there is an insured service available to your country. If you do not request insurance then your order is not insured against loss and/or damage and is sent at your own risk. Please ask us about the availability and cost of insurance. We are sorry but we cannot reimburse customers for items lost in the post outside the UK unless they are insured.

 

 

5.      Payment

 

We can accept payment by any of the following methods:-

i.          UK cheques. Please note that all cheques should be made payable to ‘Delerium Records Ltd’ and NOT to ‘The Freak Emporium’.

ii.         UK Postal Orders. UK postal orders should be made out to ‘Richard Allen’. Unfortunately, we cannot accept foreign postal orders.

iii.       Non UK Postal Money Orders & International Money Orders (IMO’s). We can only accept these if they are drawn on a UK bank and are in Pounds Sterling. "Drawn On a UK Bank" means that the Money Order / IMO has the address of a UK bank printed on either the front or the rear. Any cheque without a UK address is unacceptable, and will be returned to you.

iv.      Credit/Debit Card. We accept credit cards (Visa/MasterCard) and debit cards (Switch/Visa Delta/Solo). We do not accept American Express or Diners Club. For credit/debit card orders we require your card number, expiry date, home phone number and name and address details, either with your order, or once we have sent confirmation of items that we have in stock, and the total cost. We reserve the right to ask the customer for a copy of their credit card and/or credit card statement (or similar identification document) to verify that they are the card holder. More Info

 

We do not recommend that you send cash since it may become lost in the post. If you have to send cash then send it via registered post.

 

6.      Pricing and Availability

 

The prices and availability of goods are subject to change without notice. If any item ordered is unavailable at the price listed, Delerium will notify the customer of the change and will not process the order until written or emailed acceptance of the revised order has been received from the customer. Please note that prices in this list do not include postage and packing. Postage and packing rates vary depending on the weight and size of the items. We will quote you postage and packing at the time you place your order.

 

7.      Privacy

 

Delerium are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998 to process your order. All customers' personal information will be held securely in accordance with our internal security policy and will not be disclosed to any third party.

 

8.      Delivery

 

Delerium will deliver the goods ordered to the delivery address that the customer has supplied. The customer warrants that he/she has provided accurate and up-to-date contact information including postal address and, if available, telephone number and email address. Delerium will make all reasonable         endeavours to dispatch orders within two working days but in some circumstances this is not possible. Delerium will notify the customer if we are unable to despatch any order within thirty days. Delivery is said to have taken place once the carrier has delivered the goods to the UK delivery address supplied by the customer or ten working days after dispatch to a non-UK delivery address. Delerium abides to all custom rules and regulations. Delerium does not devalue the cost of goods for customs purposes. Delerium will not be held liable for any product confiscated by customs. Delerium does not pay for international duty taxes and any incurred taxes will be charged back to the customer. The customer is liable for any fees incurred by shipments refused by the recipient or returned as a result of non-collection or an error made by a local non-UK post office.

 

 

9.      Lost Goods

 

On those rare occasions where a package has gone missing in the post we may be able to put in a claim with the post office. To enable us to do this, you must notify us by telephone, fax or email as soon as you suspect that a package has gone missing, no later than three weeks after the despatch date (UK) or eight weeks after the despatch date for overseas parcels. If you notify us any later than these dates and we are unable to make a claim, then we will not be able to compensate you for loss of the goods. In the case of lost orders shipped outside the UK, the following applies:-

(i) No claim will be made for a lost shipment until a twelve week waiting period has elapsed to allow for possible delays

(ii) Delerium reserves the right to offer only replacement product and not financial reimbursement in the event of a lost shipment deemed worthy of reimbursement.

(iii) Delerium will only reimburse lost shipments outside the UK if sent via an insured service (which must be requested at the point of ordering).

 

 

10.    Cancellation/Returns

 

If the goods supplied are faulty or different to those ordered by the customer, they can, at their own expense, return them to Delerium in their original condition within seven working days from receipt and Delerium will issue a full refund for the price paid for the item(s).

Written or emailed notice of cancellation must be made to Delerium's customer care department. Notice of cancellation cannot be made by telephone.

Once notice of cancellation has been received by Delerium, ownership reverts to Delerium and all goods must be returned at the customer's expense.

Upon receipt of the cancelled items, Delerium shall refund the customer's credit card or send a cheque (whichever is applicable) for the value of the goods. Delerium will make all reasonable endeavours to refund the customer within thirty days from receipt of the cancelled items.

If you have to return something to us, please call us before you do so. We do not accept liability whatsoever for items returned to us unless you have been in contact with us first and we have accepted your reason for return of the item(s) and the items are packed to the same standard that they were dispatched to you. If items are returned to us that are subsequently damaged or lost, we do not accept responsibility for any loss or damage. You should send any authorized item by an insured service. We will replace faulty items only if we receive notification within ten working days of receipt of the items and they are returned to us within ten working days of said notification. These conditions do not affect your statutory rights if you are a UK citizen.

 

11.    Invalidity Of Terms And Conditions

 

If for any reason any part of these Terms and Conditions is unenforceable, the validity of the remainder shall not be affected.

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