Terms of Use

These Terms and Conditions of Use Agreement (the “Terms of Use”) constitute an Agreement between you (the “End User”, or “You”) NaxosDirect.co.uk (“naxosdirect.co.uk” or “the Company”) with respect to the End Users’ use of any and all naxosdirect.co.uk websites (the “Site” or “Sites”) to which the End User establishes a customer account for Content as defined below. AN APPLICATION TO OPEN A CUSTOMER ACCOUNT CAN ONLY BE MADE BY USERS OVER 18 YEARS OF AGE OR SUCH OTHER AGE AS SHALL CONSTITUTE THE AGE OF MAJORITY OR THE AGE AT WHICH AN INDIVIDUAL MAY ALONE ENTER INTO A LEGAL BINDING CONTRACT IN THE JURISDICTION IN WHICH THE ACCOUNT IS TO BE OPENED. IF YOU ARE NOT OF SUCH AN AGE, DO NOT OPEN AN ACCOUNT OR USE THE FEATURES OF THE SITE THAT REQUIRE SUCH AN ACCOUNT TO BE OPENED. YOU MAY USE THE SITE IN THE SAME WAY AS AN INDIVIDUAL WHO HAS NOT OPENED AN ACCOUNT.

Terms of Use
- These Terms of Use will govern your customer account.
- End Users also agree to comply with any additional terms which apply to third-party content, material, information, software or other services.
- If there is conflict between these Terms of Use and the terms posted for a specific service, feature or transaction offered on the Site, the latter terms shall apply with respect to the specific service, feature or transaction.
- These terms and conditions apply to all sales of goods by the Company unless expressly varied or excluded by the Company in writing. Any conditions other than the Conditions are expressly excluded. By placing an order with the Company the customer is deemed to have accepted the Conditions.

Modification of the Terms of Use
- naxosdirect.co.uk may at any time at its sole discretion change, add or remove part or any part of these Terms of Use by posting amended Terms on the Site. If any modification is unacceptable to the End User, the End User must stop using the Site. Unless otherwise specifically set forth in the amended Terms, all changes will be effective upon the date the amended Terms are published on the Site. End Users continued use of the Site following the effective date will constitute binding acceptance of the Terms and agreement to be bound by the changes specified therein. It is the responsibility of the End User to frequently check and review the terms of this agreement so as to be aware of the most current terms of this agreement. If any new content, products or services become available, they will be considered a part of the Site and the End Users use of them will be governed by the terms of this Agreement.

Intellectual Property
- All words and music (streamed, downloaded or any other form of use or sample), software, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, and artwork (collectively, “Content”), including but not limited to the design, selection, arrangement, and co-ordination of such Content on the Site is owned or licensed by or to naxosdirect.co.uk and is protected by copyright, trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms of Use as amended from time to time, no part of the Site and no Content may be downloaded, copied, reproduced, recorded, broadcast, distributed, uploaded, posted, altered to make new works, performed, digitised, or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without the prior express written consent of naxosdirect.co.uk. You agree to indemnify and hold harmless naxosdirect.co.uk for your failure to comply with this Section.

License to End User
- Digital Versatile Discs supplied hereunder shall only be disposed of by outright sale and shall not be hired, offered for hire, copied, played in public or made available under any arrangements for sale.
- Copyright exists in all recordings issued by the Company. Any unauthorised broadcast, public performance, copying or re-recording of DVDs would be an infringement of copyright and the infringer may be liable to action at law.
- The Conditions shall be construed in accordance with English Law and the High Court of Justice in England shall be the sole court of jurisdiction.

End User Account

Before accessing the services offered on the Site the End User shall open a customer account (the “Account”). The End User agrees to provide true, accurate, current and complete information as prompted by the registration process (the "Registration Data"). The End User further agrees that, in providing the Registration Data, the End User will not knowingly omit or misrepresent any material facts or information and will promptly enter corrected or updated Registration Data as required to keep such data accurate, current, and complete.

The End User consents and authorises naxosdirect.co.uk to verify the Registration Data.

End User Agrees that naxosdirect.co.uk may store and use the Registration Data provided (including credit/debit card information) to facilitate use and management of the End User Account and to facilitate billing direct to End Users credit/debit card.

The End User is responsible for maintaining the confidentiality of Account information, including password, and for all activity that occurs in or from that Account. End User agrees to notify naxosdirect.co.uk immediately of any unauthorised use of the Account or password, or any other breach of security. End User may be held liable for losses incurred by naxosdirect.co.uk or any other user of the Site due to someone else using End Users password or customer account. End User agrees not to use anyone else's password or customer account at any time.

As a condition of registering or making any purchases of Digital Downloads or any other products, End User represents that End User has first read naxosdirect.co.uk Privacy Policy and consents to the collection, use and disclosure of personal information and non-personal information. naxosdirect.co.uk Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, End User agrees that End User will first review naxosdirect.co.uk's Privacy Policy.

In opening an account, an end user agrees to indemnify and hold harmless naxosdirect.co.uk, its Directors, Officers, Employees, Affiliates, Agents, Contractors, and Licensors with respect to any claims arising out of a breach of this agreement by the End User or by the use of the Site by the End User or any action taken by naxosdirect.co.uk. This means that you cannot sue or recover any damages from naxosdirect.co.uk, its Directors, Officers, Employees, Affiliates, Agents, Contractors, and Licensors.

In the event that End User distributes or otherwise provides information to the Site and which information is posted or otherwise displayed on the Site or any other naxosdirect.co.uk web site or site owned or controlled by any company affiliated with naxosdirect.co.uk then End User provides naxosdirect.co.uk with a non revocable worldwide, royalty-free, non-exclusive license to use such materials without any compensation or obligation to the End User.

Consent to Our Communication With You By E-mail

By establishing an Account, End Users grant permission for naxosdirect.co.uk to contact End User for reasons pertaining their order(s) (ie. a problem with delivery) from naxosdirect.co.uk at the e-mail address specified by the End User at registration or at such address as shall be advised by the End User from time to time.

Purchase of Content

These terms and conditions apply to all sales of goods by the Company unless expressly varied or excluded by the Company in writing. Any conditions other than the Conditions are expressly excluded. By placing an order with the Company the customer is deemed to have accepted the Conditions.

All prices include VAT.

In entering into this Agreement End User agrees to pay the specific fees, costs or other charges resulting from the End Users use of the Site. The End User is also solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to the use of the Site.

The Company will endeavour to fulfil orders within a reasonable time of receipt and, in any event, not later than 7 days within receipt of order.

The Company shall not be liable for any failure or delay in the fulfilment of any order (or any part thereof) resulting from any cause beyond its reasonable control.

Although a binding contract for the sale of goods is formed when an order (whether written or oral) is received by the Company, the ownership of the goods specified in any order shall remain with the Company until full payment for the goods specified in any order has been received (each order being considered as a whole) and all sums owing and due to the Company by the customer have been discharged.
We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.

The Company will charge the Customer delivery charges as specified on its Internet home page and reserves the right to alter these charges from time to time at its own discretion.

The Company will charge the Customer valued added tax where applicable and as specified on its Internet home page.

Payment of all local taxes and duties shall be the responsibility of the Customer and the Company accepts no liability for any such taxes and duties which may arise.

No order below the value of GBP3.20 (320 pence sterling) (inclusive of the delivery charge) will be accepted.

Payment must be made by any major credit card accepted by naxosdirect.co.uk or any other methods of payment as naxosdirect.co.uk may accept from time to time. If naxosdirect.co.uk does not receive payment from the credit card issuer, End User agrees to pay all amounts due upon demand by naxosdirect.co.uk. YOU, AND NOT NaxosDirect.co.uk, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD WHETHER BY YOU OR BY A THIRD PARTY (EVEN IF NOT AUTHORISED BY YOU) AND ANY REASONABLE ATTORNEY'S FEES AND COSTS INCURRED BY NaxosDirect.co.uk TO COLLECT ANY PAST DUE AMOUNTS.

Use of the Site includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

Unless you notify naxosdirect.co.uk of any discrepancies in transactions within sixty (60) days after they are first reported to you, such transactions will be deemed accepted by End User for all purposes, including resolution of inquiries made by your card issuer. End User releases naxosdirect.co.uk from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to naxosdirect.co.uk within sixty (60) days of its first appearance.

NaxosDirect.co.uk RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY NaxosDirect.co.uk, EFFECTIVE IMMEDIATELY UPON NaxosDirect.co.uk PROVIDING NOTICE OF THE CHANGE IN ACCORDANCE WITH THIS AGREEMENT. If any such change is unacceptable to the End User, the End User may terminate the Agreement immediately and at any time in accordance this Agreement. Your continued use of the site following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.

Once a Product is purchased and delivered to the End User, it is the End User’s responsibility not to lose, destroy, or damage the Product, and NaxosDirect.co.uk shall be without liability to the End User in the event of any loss, destruction, or damage.

Refund and Cancellation

In respect of goods being purchased from naxosdirect.co.uk a full refund will be made if naxosdirect.co.uk fails to deliver the goods in accordance with the contract.

On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by naxosdirect.co.uk.

The Company will not accept liability in respect of goods which are damaged or otherwise rendered defective by their improper use or storage after they have been delivered to the purchaser.

Notwithstanding the provisions of the above clause, the Company undertakes to replace any product received by the Customer in a damaged or unusable condition.

All goods are sent out in secure packaging. We will replace a faulty or damaged disc if it is returned to us within 14 days of receipt; secure packaging intact, together with a copy of the original transaction document.

The shopper has the right to cancel within seven days of paying for the goods, or seven days after receipt of the goods (whichever is the longer).

If the shopper cancels their order prior to the goods being dispatched, they will have their payment returned within 24 hours.

If the shopper cancels their order after dispatch of the goods, the refund will not be made available until the goods have been received by naxosdirect.co.uk, at the customer’s expense.

System Requirements

Use of the Site may require additional computer hardware, Internet access and certain software any or all of which may require the End User to make additional expenditures or pay fees. The use of the Site may require obtaining updates or upgrades from time to time of classicsoundandvision.com software and third party proprietary software. As use of the Site involves hardware, software, and Internet access, End Users ability to use the Service may be affected by the performance of these factors. End User acknowledges and agrees that system requirements may be changed from time to time and it is the responsibility of the End User to ensure that any changes necessary to enable the Site to operate effectively and efficiently are made.

Technological And Use Limitations

naxosdirect.co.uk will take what it believes to be reasonably commercial efforts to keep the Site operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of naxosdirect.co.uk may, from time to time, result in temporary service interruptions. naxosdirect.co.uk also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Site with or without notice. You agree that naxosdirect.co.uk shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.

As the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of Content. naxosdirect.co.uk reserves the right to immediately and permanently terminate your access to the Service if naxosdirect.co.uk believes, correctly or incorrectly, that you are violating such limitation. In the event that End User is using an automated system to download Content, the End User shall be responsible to naxosdirect.co.uk for any losses suffered by naxosdirect.co.uk resulting either directly or indirectly from the breach of this Agreement.

End User will not directly or indirectly (by allowing others to use the End Users access to the Site), upload, distribute, transmit, communicate, link to, publish or access any data, information or material that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Site; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behaviour, use and conduct.

End User will not directly or indirectly (by allowing others to use the End Users access to the Site); (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any information, data or materials posted and/or displayed by naxosdirect.co.uk or anyone else; (b) act in a way that affects or reflects negatively on naxosdirect.co.uk, the Site or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent.

End User is prohibited from violating or attempting to violate the security of the Site. Violations of system or network security or this Agreement may result in civil or criminal liability. naxosdirect.co.uk has the right to investigate occurrences, which may involve such violations and may involve, provide information to and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimer of Warranties and Limitation of Liability

The Company reserves the right to delete any DVD from its catalogue at any time.

End User agrees that naxosdirect.co.uk will not be liable to End User or to any third party for termination of access to the Site.

END USER UNDERSTANDS THAT BY USING THE SITE, END USER MAY ENCOUNTER CONTENT THAT MAY BE DEEMED OFFENSIVE, INDECENT, OR OBJECTIONABLE, WHICH CONTENT MAY OR MAY NOT BE IDENTIFIED AS HAVING EXPLICIT LANGUAGE. END USER AGREES TO USE THE SITE AT ITS SOLE RISK AND THAT NaxosDirect.co.uk SHALL HAVE NO LIABILITY TO END USER FOR CONTENT THAT MAY BE FOUND TO BE OFFENSIVE, INDECENT, OR OBJECTIONABLE.

NaxosDirect.co.uk DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SITE, THE FEATURES, THE CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.

NaxosDirect.co.uk MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, FEATURES, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE CORRESPOND TO DESCRIPTION, ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.

NaxosDirect.co.uk RESERVES THE RIGHT NOT TO POST OR PUBLISH ANY MATERIALS, AND TO DELETE, REMOVE OR EDIT ANY MATERIAL, AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE OR LIABILITY. NaxosDirect.co.uk HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR ANY INFORMATION AND MATERIALS SUBMITTED OR POSTED BY END USER OR ANY OTHER PARTY OR OTHERWISE AVAILABLE ON THE SITE.

NaxosDirect.co.uk MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET END USERS REQUIREMENTS AND/OR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE.

NaxosDirect.co.uk SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED TO THE END USER IN CONNECTION WITH THE SITE, BUT END USER ACKNOWLEDGES AND AGREES THAT THE SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK, AND NaxosDirect.co.uk HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NaxosDirect.co.uk, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT NaxosDirect.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT NaxosDirect.co.uk SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO NaxosDirect.co.uk BY END USER.

Termination

Either naxosdirect.co.uk or you may without prior notice terminate these Terms of Use for any reason at any time, with or without cause by providing notice to the End User at the contact e-mail address specified by the End User from time to time if the termination is by naxosdirect.co.uk or if the termination is by End User to [email address here] with the word “Termination” in the subject matter line. In the case of termination by naxosdirect.co.uk upon notice of termination being sent (but not necessarily received) termination shall be effective and the End Users right to use the Service shall immediately cease. In the case of a termination notice sent by End User, such notice shall be effective upon acknowledgement by naxosdirect.co.uk that the termination notice has been received.

Termination of this Agreement shall not relieve the End User of any obligations to pay any outstanding amounts due, including but not limited to any prorated charges accrued for a billing cycle in which this Agreement is terminated.

Dispute Resolution

End User agrees that all matters relating to access to or use of or purchases made from the Site, including all disputes arising out of these Terms of Use, will be governed by the laws of the UK and any hearing held in the UK without regard to conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.

naxosdirect.co.uk Privacy Policy

naxosdirect.co.uk respects the privacy of End Users and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site. The Policy is set out in full at naxosdirect.co.uk and on other naxosdirect.co.uk web sites.

Various

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. In any event, the other provisions will remain in full force and effect.

naxosdirect.co.uk’s failure to enforce any provision in this Agreement will not constitute a waiver of such provision.

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