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456 RECORDS ONLINE TRADING TERMS AND CONDITIONS
° 456 Records values you as a customer and your right to privacy.
Except as may be otherwise required by law, 456 Records will exercise
commercially reasonable efforts to ensure that your personal information
remains confidential and available only to 456 Records, and its
employees, agents, and contractors. 456 Records will not sell
your personal information to third parties.
° You will be charged the prices quoted for Products you have
selected for purchase at the time you submit your order at checkout.
° It is your responsibility to promptly notify your bank of
any changes to your billing information, or of any loss, theft,
or unauthorized use of your credit card number. You are responsible
for updating your registration information and your credit card
information, as applicable.
° Notwithstanding any statements on the web pages or these
bullet points, the Terms and Conditions are the agreement between
you and 456 Records. By submitting each order at checkout, you
confirm and affirm that you have read, understood and agree to
the Terms and Conditions, of the form in which they appear at
the time the order is submitted at checkout.
1. Offer and acceptance. By submitting a completed order form,
you offer to purchase, on and pursuant to these Terms and Conditions
and the order form, the items (collectively, "Product")
you select and submit to 456 Records for purchase via the order
form. Your offer may be accepted by 456 Records by sending you
an electronic confirmation that your order has been received and
accepted. It shall be in 456 Records discretion to accept or reject
your offer. If 456 Records accepts your offer, these Terms and
Conditions and the order form collectively constitute a legal
agreement between 456 Records and you governing your purchase
of the Product from 456 Records over the online shopping service.
2. Responsibilities. If 456 Records accepts your order, 456 Records
shall, in return for your payment, provide the Product which you
order through the online shopping service. The Product shall be
immediately standard mailed to you by a 456 Records employee at
the delivery address you designate. Your payment for the Product
and shipping, including sales taxes and assessments, is due upon
completion of your order on-line. 456 Records will charge the
payment to the credit card which you submit to 456 Records. You
authorize 456 Records to make and collect such charge, and agree
to make payment to 456 Records if 456 Records cannot collect the
charge for any reason. The total amounts you shall pay for the
Product per each order shall be the sums of the respective prices
for the items you select and submit via the order form, plus all
applicable sales taxes and shipping charges, as reported to you
as the "TOTAL" in the order form.
3. Product Pricing and Shipping Charges. You will be charged the
prices quoted for Products you have selected for purchase at the
time you submit your order at checkout. Shipping charges may also
change from time to time, however; you will be charged the shipping
charges quoted at the time you submit your order at checkout.
4. Communications. 456 Records shall conclusively presume that
online communications received from you through your use of the
online order form are accurate, complete, and authorized by you
as received by 456 Records. You agree not to contest the validity
and binding legal effect of those communications.
5. Credit Cards. You must provide 456 Records with an accurate
and complete credit card number and expiration date at the time
of submitting your online purchase order. You represent and warrant
to 456 Records that your use of any credit card is authorized
and legal.
6. Shopper information changes. It is your responsibility to promptly
notify your bank of any changes to your billing information or
loss, theft, or unauthorized use of your credit card number. You
are responsible for updating your registration information and
your credit card information, as applicable.
7. Delivery. A 456 Records employee shall standard mail the Products
to you at a single delivery location you designate.
8. Substitution Policy. Although 456 Records believes that it
will have sufficient inventory to fill your orders, it is possible
that certain Products may be unavailable, from time to time. In
the event an item you have ordered is temporarily unavailable,
456 Records will attempt to notify you and will fill the remainder
of your order.
9. Disclaimer of warranty. 456 Records online shopping services
are provided on as "AS IS", "AS AVAILABLE"
basis, and 456 Records does not provide any assurances of the
availability or usability by you of the online shopping services.
456 Records makes no representations or warranties, whatsoever,
as to the substance, or the accuracy or sufficiency thereof, of
any Product information listed on the web site. 456 Records MAKES
NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES,
DELIVERIES, OR OTHERWISE.
10. Limitation of liability. 456 Records shall not be liable to
you for any interception of online communications, software or
hardware problems (including, without limitation, viruses, loss
of data, or compatibility conflicts), unauthorized use of your
credit card, or other consequence beyond the reasonable control
of 456 Records. Any liability of 456 Records, its employees, affiliates,
or agents, to you for damages, losses and causes of action, whether
in contract, tort, or otherwise, either jointly or severally,
shall be strictly limited to the aggregate dollar amount paid
by you to 456 Records for the disputed transaction only.
11. Confidentiality. 456 Records values you as a customer and
your right to privacy. Except as may be otherwise required by
law, 456 Records (i) will exercise commercially reasonable efforts
to ensure that your credit card information remains confidential
and is available only to personnel who have a need to know such
information in connection with providing you with 456 Records
online shopping services or otherwise for 456 Records general
business purposes and (ii) will not sell your name, address or
similar personal information to third parties or permit the use
of such information outside the scope of the 456 Records online
shopping service or 456 Records general business purposes. 456
Records may, and reserves the right to, use and disclose internally
within 456 Records any aggregated information, including information
you provide to 456 Records, regarding 456 Records customers and
usage of the online shopping service, for any purpose.
12. Applicable law. These Terms and Conditions and the order form,
collectively constituting the sole and entire agreement between
456 Records and you regarding the online shopping services, are
governed by laws of the State of New South Wales, Australia without
regard to conflict of laws rules. The parties agree to jurisdiction
and venue for any dispute hereunder solely in New South Wales,
Australia.
13. Changes to Terms and Conditions. 456 Records reserves the
right to, from time to time, with or without notice to you, in
456 Records sole discretion, amend the Terms and Conditions for
use and purchases regarding the online shopping services. Any
amendments by 456 Records will be effective only as to orders
you place subsequent to 456 Records revisions of these Terms and
Conditions on the web site to reflect the amendments. It is your
responsibility to review the Terms and Conditions prior to submitting
each order and 456 Records has no responsibility to notify you
of any changes prior to effectiveness of the changes or otherwise.
14. Terms and Conditions Govern. These Terms and Conditions, as
amended from time to time, shall be the sole terms of the agreement
between you and 456 Records regarding your online purchases. All
statements otherwise made on the web site are intended only for
your convenience and do not form and are not included in the terms
for your purchase.
15. Taxes. If you become aware of any unpaid sales taxes or other
amounts with respect to any purchases, you must expeditiously
report this to 456 Records and you must timely pay such taxes
or amounts.
16. 456 Records Right to Refuse Service. 456 Records, in its sole
discretion, reserves the right to refuse service to anyone, with
or without cause or reason.
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