This site is owned by F2 Music Ltd trading as progrock.co.uk (hereafter THE MERCHANT) and registered in England, Registration No. 4054433, with registered address at Festival House, 4 Rosewood Way, Loughborough, Leicestershire. LE11 2BA, UK (hereafter THE MERCHANT ADDRESS), and email address at [email protected]
Any purchase of goods from the site www.progrock.co.uk (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act. When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an email. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Product photos, descriptions and prices are non-contractual.
Against each item for sale you will see one of the following:
PRE-ORDER - This item has not yet been released (the release date will be specified). Adding one or more pre-orders to your order will mean that the order will not be sent until all items are in stock.
In Stock - This item is in stock and can be sent straight away (*please see note below)
More stock on the way - This item is due for delivery to us very soon from our supplier and is therefore still available to order
OUT OF STOCK - This item is out of stock and may be delayed coming back into stock
*Very occasionally, upon inspection, we are unable to send the item, for example if the one we have in stock is damaged. If this is the case you will always be emailed with the option to repalce the item, wait for new stock to arrive, or cancel your order.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Products are delivered to the address specified by the customer and only to geographic zones that we service. Please see our 'Pre-order delivery times' regarding how delivery is handled for pre-order items.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of any damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. THE MERCHANT must also be notified if a delivery has been refused due to damages.
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
A new, identical product will be sent to the customer, once the returned package has been received by THE MERCHANT, at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
Delayed / Lost Items
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will be asked to reimburse THE MERCHANT, who will then deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to the email address of THE MERCHANT.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging, still shrinkwrapped, and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and THE MERCHANT shall not be held liable for defective goods.
Cancelling an order before despatch
If you wish to cancel an order once payment has been made (when all items are available to be sent), please note that the cancellation will incur a processing charge of 2% of your order value to cover credit card charges made in taking the initial payment and in processing the refund.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns must be indicated beforehand with THE MERCHANT. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognised by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will discuss within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
We're committed to safeguarding the privacy of our website visitors; this policy sets out how we'll treat your personal information.
What information do we collect?
According to The GDPR, all personal data we hold must be:
- Processed lawfully, fairly and in a transparent manner
- Collected for specified, explicit and legitimate purposes
- Adequate, relevant and limited to what is necessary
- Accurate and, where necessary, kept up-to-date
- Retained only for as long as necessary
- Processed in an appropriate manner to maintain security.
Your details are added to our database when you have either signed up to our newsletter via our website or have emailed direct to request that you are added to our mailing list (your email and name are held in our database), or you have made a purchase (your email, name, mailing address, phone number, and what you have ordered are held in our database for order processing and accounting purposes).
Using your personal information
We may use this data to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send you general (non-marketing) commercial communications;
(e) send you email notifications which you have specifically requested;
(f) send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically consented to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(g) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
(h) deal with enquiries and complaints made by or about you relating to the website;
(i) keep the website secure and prevent fraud;
We will not - without your express consent - provide your personal information to any third parties for the purpose of direct marketing.
We send newsletters to individuals who the information is relevant to under Legitimate Interest. You can unsubscribe at any time, and we will not send any further newsletters. For information, there is an ‘unsubscribe’ link at the bottom of all emails that we send out, so even though you have already opted in, you can unsubscribe at any time.
We'll always keep your data private and secure, and will only send you promotional emails if you have told us you'd like to receive them.
THE MERCHANT will not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your data.
We will store all the data you provide on our secure password - and firewall - protected servers.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
Retention of data
We retain data that you provide to us for as long as we consider it necessary for supplying an efficient service to you. We will delete your data should you choose to unsubscribe from our newsletter, except for that data that is required for sales accounting purposes.
You may instruct us to provide you with any data we hold about you. Provision of such information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
We may withhold such personal information to the extent permitted by law. We may also refuse nuisance requests, where a person requests their data excessively on multiple occasions without legitimate reason.
You have the right to rectification, erasure, restriction and objection. You may instruct us not to process your data by sending an email to us or unsubscribing at any time. In practice, you will usually expressly agree in advance to our use of your data for marketing purposes, and we will provide you with an opportunity to withdraw consent of the use of your data at any time.
We may use both “session” cookies and “persistent” cookies on the website. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
You have the choice to either accept or reject these cookies while on our website via a cookie acceptance banner when you first visit our site. We will only drop one cookie to store this choice, so you don't have to choose to accept or reject again.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.