These are the general terms and conditions forming the basis of the legally binding agreement ("Agreement") between you ("You / Your") and Future Classic ("Us / We / Our") and govern your access and use of the content and services ("Services") offered by Us to You on this internet site, "www.shop.futureclassic.com.au" as such is part of "www.shop.futureclassic.com.au" ("Site"). You must accept, abide by and agree to this Agreement as presented to You and We reserve the sole exclusive right to change, alter, amend, vary, whether by addition or omission, the terms and conditions embodied in this Agreement at any time. You should read this Agreement on a regular basis as Your continued use of the Site shall constitute acceptance of any such changes, alterations, amendments or variations.
General Terms and Conditions
We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
We shall make all reasonable efforts to ensure that Your use of the Service shall be uninterrupted and error free but we do not guarantee, warrant or represent that your use shall be uninterrupted and error free and you acknowledge and agree that we may from time to time and without notice to you suspend, remove or cancel the Service for indefinite periods.
You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party's hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
When placing an order for any Products from the Website, you will state, specifically, which Products you desire to purchase and shall also at the same time confirm to us, at your own risk, your home address, telephone number (including STD code), delivery requirements and selected payment method including credit card/debit card details together with such other details that may be requested at that time from you by us. Any orders received by us after 5.00PM GMT/BST shall be deemed to be received the following working day.
Your contract for purchases of physical items through the Website is with Future Classic Recordings whose registered office address is Future Classic, 1/130 Redfern St, Redfern, Sydney, NSW 2016, and you undertake that any and all products ordered by you are for your own private and domestic use only. You further agree that email can be used as a long-distance means of communication.
No contract for the sale of any product will subsist between you and us until the items ordered have been received by you. At any time until this point we may cancel the sale for any reason.
You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
You may cancel your order at any time prior to your order being dispatched by emailing us at email@example.com ensuring that you quote your name, address and order reference number.
Our returns policy: Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies:
Our policy: Future Classic takes the privacy of its customers very seriously, and will only collect information in order to fulfill customer orders, provide information via our e-mail new release lists or seek your feedback regarding our services. We do not sell or share mailing lists or customer information with any other companies or individuals.
Information collected: To process an order, we require your name, e-mail address, delivery address, credit card number and expiry date. To receive our new release information e-mails, we require only your e-mail address.
Security: The shopping cart part of the site is secure, so that your order details are encrypted in your browser before they are sent to us. The order is then processed on a server that is not connected to the Internet.
Please note that we are unable to accept cancellation of any orders for digital downloads, nor offer any refund for such orders, once downloading has commenced.
All orders are made subject to acceptance by you of these Conditions and fulfillment of any order for Products is subject to stock availability and acceptance by us of your order. We are under no obligation to fulfil any customer order.
COMMUNICATIONS FROM US AND MAILING LISTS: In order to keep our users informed about the operation of our Website/Services, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists and you can unsubscribe at any time. We may also use website cookies in order to gain information about our visitor demographics and activity, and in order to advertise about our Content to said visitors, where relevant.
AGGREGATED INFORMATION: To monitor and improve the performance of our technology, we capture other data such as search criteria, results, downloads and purchases. We also gather information such as date, time, connection speed and IP address of all service users. We keep this information for our internal security audit log, aggregate trend analysis and system administration. We sometimes use third party service providers to help us track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user's movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analysed on an aggregated basis solely for the purpose of internal analysis by Ninja Tune to improve the Service.
Your use of the Downloads from the Website is conditional upon your prior acceptance of all Conditions referred to herein.
All sales are final. A sale is confirmed immediately when you begin to download a song from the Website and you will have no right to cancel your contract once the sale commences.
We only accept payment via PayPal.
The price for a particular Download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.
All prices shown on this website are in Australian Dollars (AUD).
We reserve the right to amend our prices without prior notice. In the event of any price changes we will contact you before shipping to obtain your confirmation. Orders are accepted subject to availability. The automatic email confirmation you may receive does not constitute order confirmation.
We reserve the right to change options relating to music downloadable from the Website without prior notice.
You shall be authorised, to the extent permitted by law, to use, burn and export Downloads purchased only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a Download to you does not transfer to you any commercial or promotional use rights in the product.
For assistance with billing questions or other enquiries please contact us by emailing: firstname.lastname@example.org
Damaged or defective goods: in the unlikely event that you receive products which are damaged or defective or become defective within 7 days of receipt, we shall, at our own option, either replace or refund any damaged or defective products (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing (via email@example.com) at the address stated in the confirmation email within 2 working days of delivery of the products and that, in the case of physical products, you return the products in the same condition that you received them;
- Goods that become defective or faulty after 7 days, but before the end of the manufacturer's warranty period: should a product you purchase become defective or faulty after 7 days from delivery and before the end of the manufacturer's warranty, we shall, at our own option, either repair or replace the products;
- Goods that become defective after the end of the manufacturer's warranty period: on a case by case basis, and at our own option, we may accept returns on items which are no longer covered by a manufacturer's warranty, but may charge (as agreed with you in advance) for postage costs and repair costs;
- While we endeavour to ensure all goods returned for repair are returned to you within 14 days, in the event that the repair of goods will take longer than 6 weeks from the date that they are received by us, you agree to accept a compensation payment at a rate of 10% of the gross value of the product for the delay. Should the repair not be possible or take longer than 2 months from the date the goods are received by us, we will make a full refund/replacement available as directed by you;
- For digital or downloaded items, we will not entertain claims for faulty products based on production values. We do not specify the criteria under which artists or labels produce their products, and so cannot provide any guarantees of issues production quality, such as, but not limited to, recording volumes, analogue mastering, full frequency ranges in audio files;
- Our mistake: If items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge; whichever you prefer. Please note that when you place your order, a label is automatically generated from the address you type into your account details, so you are responsible for getting this right. If you get your address wrong and do not notify us before the order is sent, we cannot refund the postage costs. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us;
- Your mistake: If items are ordered in error (or you change your mind about wanting an item), are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the postage and packing charge again;