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Terms of Service

Trading terms and conditions of Ourzone Records ltd

These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.

We are: Ourzone Magazine
Our address is: 16 Anchor Street, Chelmsford, CM2 0JY
Our website is: http://ourzonemag.com/oz/

You are: a visitor to our website / our customer

The terms and conditions

1. Definitions

In this agreement:

“Additional Services” means all of the work we do and materials we buy to prepare or produce Specified Goods.

“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Goods” means any of the goods we offer for sale on our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.

“Intellectual Property” means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, Know-how, together with all rights which are derived from those rights.

“Specified Goods” means Goods which have been subject to work or process to your specific order.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1 A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

2.2 These terms and conditions apply to all supplies of Goods. They prevail over any terms proposed by you.

2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.4 [except where stated otherwise,] any obligation of any person arising from this agreement may be performed by any other person;

2.5 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

2.7 all money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.

2.8 A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

2.9 In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

2.10 These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to our website.

2.11 This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you

3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

3.3 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order Goods. We advise you to print a copy for your records.

3.4 If in future, you buy Goods from us under any arrangement which does not involve your payment via our website; these terms still apply so far as they can be applied.

4. Acceptance of your order

4.1 This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.

4.2 Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
AND
4.3 At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

4.4 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

4.5 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

4.5.1 accept the alternatives we offer;
4.5.2 cancel all or part of your order;

5. Additional Services and approval of Proof / Sample

5.1 This paragraph applies to Specified Goods.

5.2 Our contract to supply Specified Goods is a contract for both the supply of Goods and the provision of Additional Services so as to provide you with the Specified Goods.

5.3 The Additional Services are fully specified in Schedule 1.

5.4 Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, referring to the order. At any point up until then, we may decline your order without giving any reason.

5.5 Before we accept your order, we shall take as your contractual offer the specification described in our written quotation or your written order, as we choose.

5.6 Thereafter, we will provide whatever further work you instruct by way of further Additional Services, until you accept the Specified Goods as complete.

5.7 If you require work from us beyond that listed in Schedule 1, we may charge you for it. The charge will be based on our total cost plus 30%.

5.8 If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Additional Services to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Additional Services.

6. Prices

6.1 Prices of Goods are shown on our website and in our showroom.

6.2 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.

6.3 Prices for Specified Goods are available on enquiry, either through this website or by telephone.

7. Payment

7.1 We will not split an order. We require the full price of your order before we will send any part of it.

7.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

7.3 If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.

7.4 The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our website before we ask you to pay.

7.5 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

8. Payment on running credit account

This paragraph applies only if credit facilities have been granted to you.

8.1 Payment is due to reach our account before the last day of the month following delivery of the Goods. Kindly note that your cheque may take some days to clear.

8.2 On request, we will supply details of our bank account so as to enable you to pay directly via the Internet or BACS.

8.3 Our accounting system will automatically charge interest to your account after the due date, at the rate of 4 percent per month.

8.4 If money due remains overdue after one month, the rate we charge will be 15%. You agree that this does not represent a penalty but is a reasonable estimate of the loss incurred by us as a result of not having the money.

9. Consumer protection: cancellation and exclusions

This paragraph applies if and only if, you are a citizen of the European Union, and you bought the Goods as a Consumer. The relevant law does not apply to Specified Goods.

9.1 You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.

9.2 No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.

9.3 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.

9.4 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.

9.5 If you cancel after we have despatched the Goods, we will refund the price of the goods only.

9.6 The option to cancel your order is not available if the Goods are:
9.6.1 perishable;
9.6.2 made or altered to your specification;
9.6.3 shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
9.6.4 newspapers or magazines

9.7 If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.

9.8 You are responsible for the cost of returning them.

9.9 To assist us in identifying your Goods on receipt by us, we ask you to telephone number for a returns reference to be placed below our address / returns label.

9.10 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.

9.11 We will refund your money within 14 days of receipt by us of the returned Goods.

9.12 The Law expects an expert to help a buyer to avoid buying a product which may be unsuitable in some way. We are retailers. We are not experts in all of the Goods we sell. You alone must decide whether a product is suitable for your requirement.

9.13 This paragraph does not affect your rights in the event that the Goods are faulty.

10. Delivery and pick up

10.1 Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

10.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

10.3 We may deliver the Goods in instalments if they are not all available at the same time for delivery.

10.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us unless you have instructed us in the order process that you wish us to leave the Goods without an acceptance signature (for example: “leave it in the garage”).

10.5 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.

10.6 All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

10.7 Signing “Unchecked”, “Not Checked” or similar is not acceptable.

10.8 If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

10.9 Some items will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the items has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.

10.10 Some items are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.

10.11 Time for delivery specified on the Order, if any, is an estimate only and time shall not be of the essence.

11. Foreign taxes and duties

11.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

11.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

12. Risk and retention of title

12.1 The Goods shall be at your risk as from delivery.

12.2 We shall deliver the Goods, duty and delivery paid, to your premises at place.

12.3 In spite of delivery having been made, property in the Goods shall not pass from us until:

12.3.1 you have paid the Price in full; and
12.3.2 no other sums whatever shall be due from you to us.

12.4 Until property in the Goods passes to you shall hold the Goods on a fiduciary basis as bailee for us.

12.5 You must store the Goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

12.6 Despite any of the Goods remaining our property, you may sell or use the Goods in the ordinary course of your business at full market value for our account.

12.7 Any sale or dealing shall be a sale or use of our property by you on your own behalf, so that you deal as principal and not as agent for us.

12.8 Until property in the Goods passes from us the entire proceeds of sale of the Goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.

12.9 We shall be entitled to recover the Price notwithstanding that property in any of the Goods has not passed from us.

12.10 If we ask you to return goods unsold you must do so.

12.11 If, when asked, you fail to return the Goods, we may enter your premises and repossess the Goods.

12.12 You must not pledge or in any way charge by way of security any of the Goods which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.

12.13 You must keep the Goods insured to their full value against ‘all risks’ to our reasonable satisfaction until sold on by you.

12.14 If, when we ask, you fail to deliver to us a copy of your insurance policy covering risks to the Goods, all money owing by you to us shall immediately become due and payable.

12.15 While ever we have title to any of the Goods, which you have attached to or incorporated into new products, then:

12.15.1 title to the new products shall vest in us;
12.15.2 you shall hold such products as bailee of and to the order of us until we have received payment in full.
12.15.3 all our rights in relation to the Goods (including our rights under this agreement) shall extend to such new products.

12.16 You must promptly deliver the prescribed particulars of this contract to the Companies Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to we shall immediately become due and payable.

13. Liability for subsequent defects

13.1 We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act 1979 or which show a defect. If you claim that the item is defective, the following conditions apply:

13.1.1 the defect must be reported to us within four weeks of becoming apparent;
13.1.2 the defect results only from faulty design or manufacture;
13.1.3 you have returned the defective Goods or parts to us if we have so requested.

13.2 If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.

13.3 If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

14. Goods returned

These provisions apply in the event that you return any Goods to us for any reason:

14.1 We do not accept returns unless you buy as a consumer, or there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

14.2 Before you return a product to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.

14.3 So far as possible, Goods should be returned:

14.3.1 with both goods and all packaging as far as possible in their original condition;
14.3.2 securely wrapped;
14.3.3 including our delivery slip;
14.3.4 at your risk and cost.

14.4 you must tell us by email message to info@ourzonemag.com you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

14.5 In returning a faulty item please enclose with it a note clearly stating the fault and when it arises or arose.

14.6 Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.

14.7 If delivery was made to a UK address, you are also protected by the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.

14.8 If we agree that the item is faulty, we will:

14.8.1 refund the cost of return carriage;
14.8.2 repair or replace the item as we choose.

15. Waste Electronic and Electrical Equipment Regulations 2006

15.1 These regulations provide that suppliers like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.

15.2 Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use.

15.3 If you wish to take advantage of this service, you must return your waste item within 28 days of buying your new one. You must pay the carriage cost to us.

16. Disclaimers

16.1 Conditions, warranties or other terms implied by the law of any county other than England and Wales / Scotland / Northern Ireland are excluded from this agreement to the fullest extent permitted by law.

16.2 We or our Content suppliers may make improvements or changes to our website, the Content, or to any of the Goods, at any time and without advance notice.

16.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

16.4 We give no warranty and make no representation, express or implied, as to:

16.4.1 the quality of the Goods;
16.4.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
16.4.3 the correspondence of the Goods with any description;
16.4.4 the adequacy or appropriateness of the Goods for your purpose;
16.4.5 the truth of any Content on our website;
16.4.6 compliance with any law;
16.4.7 non-infringement of any right.

16.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of Goods.

16.6 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.

17. Your account with us

17.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

17.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

17.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

18. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

19. Intellectual Property

19.1 Copyright works owned by you or a third party are unaffected by this agreement.

19.2 The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.

19.3 If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.

19.4 We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.

20. Miscellaneous matters

20.1 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.

20.2 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

20.3 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

20.4 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.

20.5 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

20.6 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

20.7 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

20.8 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

20.9 Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message

20.10 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

20.11 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

20.12 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

20.13 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.

20.14 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland.