Hyperion Records Limited (“us”, “we”) makes data available and provides goods and services via its website both to registered account holders and other users of the Hyperion website (“the user”). By using the website or by making a purchase on the website the user agrees to be bound by the following terms and conditions in their entirety. These terms and conditions may be amended by us from time to time: this will be indicated by the inclusion of the date of any such amendment at the head of this document. It is the user’s responsibility to check the terms and conditions as use of the site will indicate the user’s acceptance of the terms and conditions as published including any changes that may have been effected since the user’s previous visit to the site. Any dispute arising out of the use of this website or of the services provided via the website shall be adjudged in accordance with English Law and the High Court of Justice in England shall be the sole court of jurisdiction.
1 Intellectual Property
1.1 The Hyperion website and the devices which service it host and broadcast data in various forms so as to allow sound recordings, music, words, pictures, photographs, artwork, and logos ("the content") to be displayed and made available on or via the website. The content and databases, and variously the design thereof, hosted on the website are owned by or licensed to Hyperion Records Ltd and are protected by copyright and other rights categorized as intellectual property laws. Except as expressly provided by these terms and conditions, the user is not permitted to download, copy, reproduce, alter, re-record, perform, publish, broadcast, share, upload or in any other manner disseminate or otherwise transmit, any of the content whether for pecuniary advantage or otherwise.
1.2 Unauthorized use of the content whether in the manner set out in the preceding sub-paragraph or otherwise may render the user subject to civil or criminal proceedings and thereby financial penalty for copyright infringement.
2 Disclaimers & Limitations
2.1 We do not make, and hereby disclaim insofar as is permitted by law, any representation or warranty as to the accuracy, suitability for a given purpose be it express or implied, or continued availablility of the services, products or information from time to time made available on this site whether in relation to the technical or factual qualities of the information, the possibility of infringements of third party rights, or any other particular. We make no representation or warranty as to the ability to use the site without interruption of service or without exposure to data or code that might prove injurious to the computer, software or data owned or controlled by the user.
2.2 Unless expressly set out in these terms and conditions, neither Hyperion Records Ltd, nor any of its directors, employees or other representatives shall be liable for any loss or damage of any kind howsoever arsing from use of this website.
2.3 The content on this website is made available subject to the laws and regulations in force in the United Kingdom as informed by the trading conventions and agreements of the European Union and we make no representation that in relation to other jurisdictions the content is free from restrictions whether in relation to the importation of goods, the prohibition on use of certain classes of intellectual property or otherwise; consequently any use of the website from outside the jurisdiction is entirely at the user's own risk and subject to the user ensuring that the use is lawful and compliant with all relevant legislation within their jurisdiction.
2.4 We have no control over websites to which the user may link from the Hyperion website and we cannot be held responsible for and disclaim all liability in relation to content that is held on such sites.
2.5 The limitations set out in the preceding paragraphs shall operate to the maximum extent permitted by law and consequently do not seek to limit such rights and liabilities that by operation of statute or other law are not capable of exlusion or limitation.
3 On-Line Account
3.1 Creation and Eligibility
3.1.1 Accounts may be set up and held by a private individual only and not by commercial organisations or any individual operating in the course of a business;
3.1.2 All account holders must be 18 years of age or more, and by creating a user account the user warrants that he has reached the age of majority and is competent to form a legally binding agreement.
3.2 On-Line Account usage and responsibilities:
3.2.1 you will be required to provide full and accurate details in order to activate your account;
3.2.2 you are responsible for keeping these details up to date so as to ensure we are able to communicate with you timeously and deliver product without undue delay;
3.2.3 in order to purchase physical or digital content from the site you will be required to create a password. This must be kept strictly confidential and not disclosed to any other person. If you suspect there is any breach in this confidentiality you must inform us immediately. If we suspect that there is any breach in this confidentialilty we may at our discretion require you to select a new password and temporarily suspend your account until such time as we are satisfied that the security of the account has been restored;
3.2.4 once a user account has been set up, and for so long as the use thereof continues to be, in accordance with the terms and conditions of this agreement we will be able to provide goods in the form of physical product and to grant non-exclusive sub-licences to the user so as to allow downloads of content to take place;
3.2.5 where content is made available to the user in the form of a download, notwithstanding the use of the word "purchase" or "buy" at any stage within the process, any transaction between us will take the form of a grant of a non-exclusive, revocable and non-assignable licence to download and thereby have access to the content specified in the order. The licence does not convey ownership or any property right or interest in the content but permission to download and use the content. This permission extends to the user only and is for the user's non-commercial use only.
4 Purchases via On-Line Account
4.1 Orders placed to purchase physical product via the website will be accepted and a contract for its delivery formed between you and us where:
4.1.1 you have selected a physical product which is available for delivery; and
4.1.2 you have entered payment details which have been verified by our third party online secure banking company, SecPay Limited; and
4.1.3 we have acknowledged, by delivery of an e-mail to you, that your order has been successfully received and accepted by us.
Delivery will then occur as per the delivery terms and conditions (see paragraph 5).
4.2 Orders placed in relation to the download of content will be accepted and a contract formed between you and us for it to be made available to download where:
(i) you have selected content in the format appropriate to your needs and equipment having first checked the format's suitability and functionality by using the free test files;
(ii) you have entered payment details which have been verified by our third party online secure banking company, SecPay Limited, or previously purchased credit.
(iii) we have acknowledged, by delivery of an e-mail to you, that your order has been successfully received and accepted by us.
4.3.1 all prices are exclusive of delivery costs, where applicable.
4.3.2 all prices are inclusive of VAT, where applicable.
5.1 Successful orders for non-downloadable items will be despatched by first class mail (Air Mail for countries outside the UK) as soon as possible: this is generally within 1 working day unless your order includes a “pre-order” item in which case the items will be despatched shortly before the relevant release date. We are not able to track these packages nor guarantee the speed of postal services or their susceptibility to industrial action. Orders over a certain weight will be shipped using a specialist courier such as UPS and these can be tracked. Transactions that include pre-orders will be dispatched on the date specified at the time of purchase (and in any case no more than 30 days in the future). Should circumstances make this impossible, we will contact you to agree an alternative dispatch date.
5.2 Successful orders for download content will result in the content being made available for download from the "available downloads" section of the website generally within a matter of seconds, though at times of exceptional demand this can take significantly longer.
6 Returns, Cancellation & Complaints
6.1 If you wish to cancel an order for a physical product (CD) you have the right to do so providing you contact us within 14 days of receipt of the item and providing that the shrink-wrap or cellophane layer enclosing the item has not been damaged or otherwise unsealed. A refund will be made but only of the price paid by you for the item in question and not for the price of returning the item itself. To return an item, please enclose a note giving the reason for the return along with the Hyperion Records Limited invoice. Package securely and send it to the address below.
6.2 Defective or Faulty CDs or Booklets We will replace items if they are found to be defective or faulty. If you think a compact disc is faulty, we recommend that you try the disc on another CD player before you return it. To return a defective or faulty CD please provide a full description of the fault and the Hyperion Records Limited invoice giving details of the track number and time where the fault occurs and only return the actual defective part, for example, a faulty CD from a set. You do not have to return the jewel case or booklet. Package the faulty CD securely and send it to the address below. All defective or faulty discs will be checked for a defect before a replacement is sent. If a booklet is faulty email us at email@example.com giving the catalogue number of the recording in question and a description of the problem and we will then be able to send you a replacement. Please remember to include your postal address in the e-mail: it is surprising how many people forget to do this.
6.3 Download Content:
6.3.1 we regret that once content has been made available for download and the process of downloading that content has begun we are unable to accept a cancellation or effect a refund in relation to orders made in error;
6.3.2 in the unlikely event that the user encounters problems with content they have downloaded of a quality control nature (e.g. the file stops playing after 20 seconds) they should contact us at firstname.lastname@example.org and we will use our utmost efforts to correct the situation;
6.3.3 we cannot be held responsible for any difficulties that the user might encounter with content they have downloaded that relate to compatability with the user's software and/or hardware and it is the user's responsibility ensure that the test files available on the website function properly on their equipment before proceeding to purchase content;
6.4 Return Items Address & Complaints: Please return items to Hyperion Records Limited, Customer Returns, 19 & 20 The Chiltonian Estate, 203 Manor Lane, Lee, London SE12 0TX, UK. Any complaints can be sent to the same address or by e-mail to email@example.com
6.5 The returns and cancellation policy outlined in this paragraph does not in any way affect your statutory rights.
7.1 Any personal information provided or to be gathered by Hyperion Records is controlled primarily by Hyperion Records Limited (Company registration No 1501587) having its registered office at 19-20 The Chiltonian Estate, Manor Lane, Lee, London SE12 0TX. Hyperion Records Limited adheres principles enshrined in the Data Protection Act of 1998 and EU Directive on Privacy and Electronic Communications (2002/58/EC). We are able to receive and store any information you enter on our website or give us except in relation to your credit card details. You can choose not to provide certain information, which will mean that you might not be able to take advantage of certain site features.
7.2 The information we learn from our customers helps us to improve your shopping experience at Hyperion-Records.co.uk. We use the information to handle orders, deliver products, process payments, communicate with you about orders and products, update our records and generally maintain your account with us. We also use this information to improve our web shop, prevent or detect fraud or abuses of our website. By using the site you agree to our use of the data we receive for these purposes.
7.3 We receive and store certain types of information automatically whenever you interact with us. We use "cookies" and we obtain certain types of information when your Web browser accesses the website. A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a personalised experience at Hyperion-Records.co.uk if you visit the site anonymously, we want you to be aware that these tools exist.
7.4 Credit card transaction details (credit card number, credit card expiry date) are transmitted to our third party online secure banking company, SecPay Limited, part of the Royal Bank of Scotland Group. Hyperion Records Limited does not have access to this information at any level.
7.5 Information about our customers is an important part of our business and we do not sell it to others. We share customer information only as described in this paragraph, and subject to this Privacy Notice, to the UK Data Protection Act 1998 and EU Directive on Privacy and Electronic Communications. We occasionally employ other companies and individuals to perform functions on our behalf. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act 1998.
8 Enforceability & Extent of Terms & Conditions
8.1 Should any part of these terms of conditions be held to be unenforceable or otherwise invalid, then that section shall be treated as being severed from the remainder of these terms and conditions and those remaining terms and conditions shall be applied in such a manner as best gives effect to the original intention of the parties. These terms and conditions and the information on the website to which they relate, particularly in relation to the price of Content and physical product, encompass the whole of the agreement between the user and us and may only be varied by us in writing and via publication of any amendments on this website.