- 22 August 2019
We respect your privacy and are committed to protecting your personal data.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. Important information and who we are
Purpose of this privacy notice
This privacy notice informs you as to how we collect, process and look after your personal data in the course of interacting with us, whether by visiting this website, buying a product from us, signing up to our newsletter or otherwise and tells you about your privacy rights and how the law protects you.
This website is not intended for children and we do not knowingly collect data relating to children.
(i) Ochre Music Limited, incorporated in England and Wales with registered office at Spectrum House, 32-34 Gordon House Road, London, NW5 1LP; and
(ii) IXCHEL Collective of Schulstraße 16, Berlin, 13347, Germany (“Store Owner”) (referred to as "we", "us" or "our" in this privacy notice.
In respect of your personal data, we act either as single or joint data controllers. More detail about our different roles and the particular purposes for which we use your personal data are contained in this policy at paragraph 5.
Ochre is responsible for this website and is responsible for providing you with the products you order from the Store Owner. Before you can create an account on this site, you will need to sign up to Ochre’s terms and conditions. The Store Owner is responsible for the products on the website, together with all promotional content on the website in connection with the products.
This version was last updated on 2019-03-26 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us which you can do through your account.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
|Contact Data||includes first name, last name and email address, telephone number, billing address, delivery address|
|Order Recipient Data||includes first name, last name and email address, telephone number, delivery address for any person for whom you wish to buy one of our products (which we have only if you choose to provide to us)|
|Profile Data||includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses|
|Financial Data||includes bank account and payment card details, billing address|
|Transaction Data||includes details about payments to and from you and other details of products you have purchased from us|
|Technical Data||includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website|
|Usage Data||includes information about your use of our website, products including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); elements you viewed or words you searched for; page response times; download errors; length of visits; interaction information (such as scrolling, clicks, and mouse-overs)|
|Marketing Data||Includes your preferences in receiving marketing from us|
|Communications Data||includes emails and notes of conversations|
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to deliver the product you have ordered but we will notify you if this is the case.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Contact, Profile, Order Recipient, Marketing and Communications Data by submitting information through the website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- create an account on our website;
- choose to buy our digital or physical products; Request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Paypal which may have servers based outside the EU.
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation. Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Order fulfilment service providers (acting as data processors on our behalf) as follows:
- Warehouse service providers such as Ochre based in the UK
- Warehouse and technology support service providers such as Whiplash operating worldwide
- Postal service provider such as Royal Mail and DPD operating worldwide
- Payment processing service providers such as Braintree and Paypal based in Europe and the USA
- Customer service providers such as Zendesk which may have servers based in the USA
- Email management service providers such as Mailchimp based in the USA
- Third party social media plugins such as Facebook and Twitter to connect you with your social network and which can be disabled by adjusting your privacy settings on the relevant social media site.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified who is the data controller or controllers in respect of each particularly data processing activity. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Contact
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to record your personalised account)
|To send you our newsletter or other marketing materials To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Contact
|(a) Consent where you have specifically opted in
(b) Necessary for our legitimate interests (to grow our business and send you offers about our latest products where you have chosen not to opt out of receiving these)
|To process and arrange for delivery of your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(c) provide you with customer support services
(b) Order Recipient
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to receive payment)
(c) Necessary for our legitimate interests (to deliver orders to recipients at your request)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Contact
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products, to develop them and grow our business)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Contact
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Contact
|Necessary for our legitimate interests (to study how customers use our products, to develop them, to grow our business and to inform our marketing strategy|
|To use data analytics to improve our website, products, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
Promotional offers from the Store Owner
The Store Owner may use your Contact, Technical, Usage and Profile Data to form a view on what they think you may want or need, or what may be of interest to you. This is how the Store Owner decides which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from the Store Owner if you have requested information from them or purchased products from them and, in each case, where you have not opted out of receiving that marketing.
The Store Owner strives to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
You can ask the Store Owner to stop sending you marketing messages at any time by logging into the website and adjusting your account settings or by following the opt-out links on any marketing message or newsletter sent to you.
Where you opt out of receiving these marketing messages or newsletters, this will not apply to personal data provided to us as a result of a product purchase, product experience or other transactions.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
6. International transfers
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your Legal Rights
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns about data protection before you approach the ICO so please contact us in the first instance. You also have the right in certain circumstances to:
|Request access to your personal data (commonly known as a "data subject access request").||This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.|
|Request correction of the personal data that we hold about you.||This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.|
|Request erasure of your personal data.||This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.|
|Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.||You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.|
|Request restriction of processing of your personal data.||This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.|
|Request the transfer of your personal data to you or to a third party.||We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.|
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary where you buy or seek to buy something from us.
Terms and Conditions
- 22 August 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
These terms tell you the rules for using our website (our site).
Who we are and how to contact us
This is a site operated by Ochre Music Limited ("We"). We are registered in England and Wales under company number 11793693 and have our registered office at Unit L, Spectrum House, 32-34 Gordon House Road, London, NW5 1LP. Our main trading address is Unit L, Spectrum House, 32-34 Gordon House Road, London, NW5 1LP. Our VAT number is GB 315 0760 32.
To contact us, please email firstname.lastname@example.org.
By using our site you accept these terms
There are other terms that may apply to you
- our Terms and Conditions of Supply will apply to purchase of items through our site.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities other reasons.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Our site is directed to people residing in [the United Kingdom]. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Our obligations and liabilities to you in relation to products purchased through the site are set out our Terms and Conditions of Supply.
Terms and Conditions of Supply
- 31 December 2020
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content. These terms apply to orders of products made by you through third party websites in respect of which we provide retail services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or that they require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Ochre Music Ltd trading as Ochre is a company registered in The United Kingdom. Our registered office is at Unit L, Spectrum House, 32-34 Gordon House Road, London, NW5 1LP. This store is operated by us on behalf of the Store Owner
2.2 How to contact us. If you have an issue with your purchase, customer services and fulfilment for this store is provided by Ochre.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our agreement with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a binding agreement will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will issue you with a refund. This might be because the product is out of stock, or because of other circumstances or events which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Where we sell. We sell products in the UK and world-wide, except where we notify you that we are not able to supply products.
4. Our products
4.1 Products may vary slightly from their pictures. The images of products on our website are for illustrative purposes only. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of products may vary from that shown on images on our website.
5. Our rights to make changes
5.1 Minor changes to products. We may change products:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements. These changes will not substantially affect your use of the products affected by the change.
5.2 More significant changes to products and these terms. If we need to make more significant changes to these terms or products for which you have placed an order, we will notify you and give you the opportunity to contact us to end the agreement and receive a full refund before the changes take effect.
6. Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
- 6.2.1 If the products are goods. we will provide you with an estimated delivery date when you place your order, which will be within 30 days after the day on which we accept your order, except in relation to pre-ordered goods, where we will give you an estimated shipping date based on when we expect the goods to be in stock.
- 6.2.2 If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order, unless your order is a digital pre-order, in which case it will be made available on the stated release date.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Redelivery of the product will be subject to the terms of the carrier.
6.5 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
6.6 When you own goods. You own goods once we have received payment in full.
6.7 How long do I have to change my mind about a product? How long you have depends on what you have ordered and how it is delivered.
- 6.7.1 Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- 6.7.2 Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receive the goods.
6.8 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- 6.8.1 digital products after you have started to download or stream these; or
- 6.8.2 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
6.9 International Shipping. Orders shipped between countries may incur duties and taxes and additional fees levied by carriers or brokers to administer collection of said duties and taxes. For the avoidance of doubt payment of duties, taxes and any related carrier fees or costs is your responsibility. We will not be liable or responsible if you do not pay any such import duties or taxes.
7. If there is a problem with the product
7.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0207864374 or write to us at firstname.lastname@example.org and Customer Services, Ochre, Spectrum House, 32-34 Gordon House Road, London, NW5 1LP.
7.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this agreement. See the box below for a summary of your key legal rights in the UK in relation to the product. Nothing in these terms will affect your legal rights.
7.3 Returning products to us. If you cancel the order for any reason after products have been dispatched to you or you have received them, or if you wish to exercise your legal rights to reject products, you must post them back to us. Please email us at email@example.com or visit https://support.ochre.store/ for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to cancel the order. You must use a service that can return the product to us in good condition. Please ensure that the return parcel is marked clearly with the wording “Return to supplier”
7.4 When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.5 How we will refund you. Within 14 days of receipt of the goods (or, in the case of digital content, you telling us you have changed your mind), we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, if (where you are exercising your right to change your mind) the product is received in a damaged or used state.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- 7.6.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2; or
- 7.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
7.7 Downloads from other providers We are not responsible for the digital products and downloads provided in records as a download card or any other delivery method other than through the Ochre system. Including failed or corrupt downloads, incorrect redemption codes or discontinued or broken download services.
Summary of your key legal rights
This is a summary of your key legal rights under UK law. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
*- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
- if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation*
8. Price and payment
8.1 Where to find the price for the product. The price of the product (which includes applicable VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.
8.2 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the agreement, refund you any sums you have paid and require the return of any goods provided to you.
8.3 When you must pay and how you must pay. We accept payment with [all major credit and debit cards]. When you must pay depends on what product you are buying:
- 8.3.1 For goods, you must pay for the products before we dispatch them.
- 8.3.2 For digital content, you must pay for the products before you download them. For digital pre-orders, we will take payment when you place the order.
- 8.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
9. Our responsibility for loss or damage suffered by you
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. How we may use your personal information
11. Other important terms
11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement. If you are unhappy with the transfer you may contact us to end the agreement within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
11.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 Nobody else has any rights under this agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement or make any changes to these terms.
11.4 If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.6 Which laws apply to this agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either