This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the CDs listed on our website at www.musicmagpie.co.uk to you.

Please read these terms and conditions carefully before ordering any CDs from our site. You should understand that by ordering any of our CDs, you agree to be bound by these terms and conditions and you should print a copy of these terms and conditions for your future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any CDs from our site.

1. Information About Us
www.musicmagpie.co.uk is a site operated by musicmagpie which is the trading name of Entertainment Magpie Limited, a company registered in England and Wales under company number 6277562 with its registered office at 22 Castle Street, Macclesfield, Cheshire, SK11 6AF, which is our main trading address. VAT number 922 3785 19.

2. Your Status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) Where CDs contain adult material, you are at least 18 years old; and
(c) You are resident in the UK; and
(d) You are accessing our site from the UK.

3. How the Contract is Formed between Us
3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a CD. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the CD has been dispatched (“the Dispatch Confirmation”). The contract between us (“the Contract”) will only be formed when we send you the Dispatch Confirmation.

3.2. The Contract will relate only to those CDs whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other CDs which may have been part of your order until the dispatch of such CDs has been confirmed in a separate Dispatch Confirmation.

4. Quality of CDs
4.1. You acknowledge that CDs sold by us, pursuant to the Contract, will be pre-played CDs.

4.2. We use sophisticated equipment to check the CDs we sell and warrant that, although pre-played, the disk will be in perfect playing condition when dispatched to you.

4.3. CDs will be dispatched with all original covers, artwork, booklets and other inserts which were supplied with the CDs when we purchased them ourselves.

4.4. The cases for the CDs will be structurally sound but may have some blemishes and minor damage associated with the prior day to day use of the pre played CD.

4.5. Should you receive any CD which is defective (following the process set out in Condition 10) or which is satisfactorily proved by you to have been damaged in transit, then the refunds policy, set out in Condition 10, will apply (such policy not affecting your statutory rights as a consumer).

5. Third Party Links
5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6. Consumer Rights
6.1. If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning the day after you receive the CDs.

6.2. In this case you will receive a full refund of the price paid for the CDs in accordance with our refunds policy (set out in Condition 10 below).

6.3. To cancel a Contract you must inform us in writing. You must also return the CDs to us immediately, in the same condition in which you received them, and at your own cost and risk.

6.4. You have a legal obligation to take reasonable care of the CDs whilst they are in your possession and if you fail to comply with this obligation, we may have a right of action of you for compensation.

6.5. You will not have any right to cancel a Contract for the supply of any of the CDs if the tamper-proof seal on them has been broken.

6.6. Neither this provision nor any other provision of the Contract will otherwise affect your statutory rights in relation to the CDs subject to your understanding that any CDs you order from us will be pre-played CDs although we warrant that they will be in perfect playing condition. Please see our Returns Policy for imperfect CDs.

7. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

8. Risk and Title
8.1. The CDs will be at your risk from the time of delivery but ownership of the CDs will only pass to you when we receive full payment of all sums due in respect of the CDs, including delivery charges.

9. Price and Payment
9.1. The price of any CDs will be as quoted on our site from time to time, except in cases of obvious error.

9.2. These prices include VAT but exclude delivery costs, which are detailed on the website.

9.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.4. Our site contains a large number of CDs and it is always possible that, despite our best efforts, some of the CDs listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a CD's correct price is less than our stated price, we will charge the lower amount when dispatching the CD to you. If a CD´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the CD, or reject your order and notify you of such rejection.

9.5. We are under no obligation to provide the CD to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.6. Payment for all CDs must be by credit or debit card. We accept payment with most major types of credit card except American Express at this time. We will not charge your credit or debit card until we despatch your order.

10. Our Refunds Policy
10.1. When you return a CD to us because you have cancelled the Contract between us within the 7 day cooling off period, set out in Condition 6, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation (subject always to us having received the CD back from you). In this case, we will refund the price of the CD in full, including the cost of sending the CD to you. However, you will be responsible for the cost of returning the item to us.

10.2. When you return a CD to us because you claim that the CD is defective, we will examine the returned CD with our state of the art equipment and will notify you of your refund via e-mail within a reasonable period of time.

10.3. When you return a CD to us because you claim that the CD has been damaged in transit, you should also return the packaging in which it was delivered, together with any notification of damage which you may have received from the postal service who delivered it. We will examine the CD to assure ourselves that we believe the damage which it may have sustained is consistent with the sort of damage which could occur during transit, and will notify you of your refund by e-mail within a reasonable period of time.

10.4. If we agree that the CD is defective, under Condition 10.2 or 10.3, we will usually process the refund due to you as soon as possible and, in any case, within 7 days of the day we confirmed to you via e-mail that you are entitled to a refund for the defective CD.

10.5. CDs returned by you because of an agreed defect will be refunded in full, including a refund of any delivery charges for sending the item to you and the cost incurred by you in returning the item to us (if made known to us).

10.6. If we do not agree that the CD is defective, we will nevertheless provide you with a refund but will retain from that refund a charge to cover the time and expense of examining the CD and of communicating our findings with you and providing you with the refund.

10.7. In both cases, any refunds to you will usually be made using the same method originally used by you to pay for your purchase.

11. Our Liability
11.1. We warrant to you that any CD purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

11.2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the CD you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

11.3. This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. Notices
All notices given by you to us must be given to Customer Services at enquiries@musicmagpie.co.uk or at the address set out in Condition 1. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in this Condition 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. Transfer of Rights and Obligations
14.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. Events Outside our Control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“a Force Majeure Event”).

15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

15.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. Waiver
16.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 13 above.

17. Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. Entire Agreement
18.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

18.3. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

19. Our Right to Vary these Terms and Conditions
19.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

19.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the CDs).

20. Service Availability
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK.

21. Law and Jurisdiction
Contracts for the purchase of CDs through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.