These terms and conditions ("Terms") apply to the sale of all goods online in the business to consumer sector between Applestump Records Limited under company number 13217367 and whose principal place of business is at 12 Barker Street, Nantwich, Cheshire, United Kingdom, CW5 5SY ("We/Us") and any visitors ("You") to the website www.applestumprecords.com ("Site"). For all pre- and post-sale enquiries, please contact shop@applestumprecords.com or write to Customer Services at the above address.

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No contract shall exist between You and Us for the sale of any goods until We accept your order by e-mail, confirming receipt and acceptance of the order.

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By placing an order for any goods with age restrictions, You declare that you are age 18 or over in order to purchase the goods.

 

The price, delivery charges and description of the goods are displayed on our website. Such information is subject to change without notice. The price You shall pay for the goods is the price displayed on our website at the time We receive your order, with the exception of errors (see below). The price of the goods is displayed inclusive of VAT. You may choose to pay by any method specified on our website.

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If an error is discovered in the price of the goods that you have ordered, We will inform You as soon as possible. In the event that You order an item and the price published on the website is incorrect for any reason, We will contact you to let You know the correct price and ask You whether You still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give You the option of confirming the order at the correct price or if You so choose, to cancel the order altogether. If You cancel and have already paid for the goods in the circumstances described in this clause, We shall refund the full amount in accordance with these Terms.

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You shall be required to pay an additional charge for delivery, the amount of which shall vary according to the particular goods and the delivery method that you choose. The type of charge payable will appear on the Site.

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Availability

All goods are subject to availability.

 

If we have insufficient stock to deliver the goods ordered by you, we will inform you of this as soon as possible.

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In the case of preorders, customers place their order on the understanding that available stock may be limited and may be cut by suppliers prior to release. Where this is the case orders that are paid for upfront will take priority and stock will be allocated on a first come, first served basis. If it isn't possible to fulfil an orders we will issue a refund in full for the preordered item. Please allow 14 days for a refund to be processed and appear in your account.

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Delivery

Delivery will be made as soon as possible after your order has been accepted, and in any event within 30 days of your order. If We are unable to deliver the goods within 30 days of your order, We will inform you as soon as possible and You will be entitled to cancel the order. We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery.

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We will deliver the goods ordered by You to the address given by You for delivery at the time You place the order. If your chosen form of delivery requires that the goods are signed for and there is no-one at the address given who is competent to accept delivery of the goods, You will be notified of an alternative delivery date or a place to collect the goods.

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We will bear the risk of the goods delivered to you whilst in transit. Risk of loss of or damage to the goods passes to You on delivery, whether or not the price has been paid and You will be liable for their loss or destruction.

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If the goods have been fully paid for, You will become the owner of the goods when they have been delivered to You.

 

Warranties

The goods are warranted free from defects in material and workmanship for [three months] from delivery. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, negligence by you or any third party, use otherwise than as recommended by Us, failure to follow our instructions, or any alteration or repair carried out without our approval. This warranty does not affect the your rights as a consumer.

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If the goods supplied to You develop a defect while under warranty, or You have any other complaint about the goods, please email Us at the address given above.

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Force Majeure

We shall not be liable to You for any failure to deliver the goods that have been ordered by You or any delay, damage or defect to the goods delivered which is caused by any event or circumstance beyond our reasonable control.

 

Governing Law

English law applies to these terms and conditions and any sale of goods to which they apply and you agree to submit to the exclusive jurisdiction of the English courts in all matters arising from these Terms.

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Terms of Use

Please read carefully the following terms of use ("Terms") for the www.applestumprecords.com website ("Site") and the service made available there ("Service"). You can print off these Terms, or store them in your computer, for future reference.

 

About us

The Site is provided by Applestump Records Ltd, (“we/us”) under company number 13217367, whose principal place of business is at 12 Barker Street, Nantwich, Cheshire, England, United Kingdom, CW5 5SY.

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Privacy Policy

Any personal data which you may provide us through the Site is subject to our Privacy Policy.

 

Use of the Site

You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.

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You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.

 

We reserve the right to charge you to access certain information on the Site. We will inform You where a charge will be incurred by You for accessing certain services or information.

 

We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if You breach any of these Terms.

 

Dealings with Third Parties

The Site may provide, or third parties may provide, links to other web sites or resources, together with promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse, make any warranties about, and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.

 

Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.

 

Placing an Order

All purchases made on the Site are subject to our Terms and Conditions of Sale.

 

Intellectual Property Rights

The Site and its content (including but not limited to, animations, character design, text, software, music, lyrics, sound, photographs, graphics, video, page layouts and design) are protected by intellectual property rights, including copyright and any trade marks, except as expressly authorised in writing by us or relevant third parties, either separately or pursuant to these Terms, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, or of any Site property received by You as part of an order, in whole or in part. Any copying of content on the Site made in accordance with these Terms must include the copyright or trade mark notice published with it. All rights not granted or licensed pursuant to the terms of this Agreement are hereby expressly reserved to Us.

 

Disclaimers

The Trading Name and the Site are owned by us. 

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Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC/Mac/Tablet/Smartphone does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Site. We will not be responsible for any failure of any electronic communication sent through the service to reach your intended recipient on the date specified by you.

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The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or service obtained by you on the World Wide Web.

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The content of the Site has been compiled from a variety of sources and is subject to change without notice. We take reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date.

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We do not assume any liability, or responsibility, for any content uploaded or otherwise transmitted by You to the Site or any third party.

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So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including (but not limited to) any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.

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Limitation of Liability

So far as permitted by law, and except in respect of death or personal injury arising from our negligence or any fraudulent misstatement by Us, We exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information appearing on it).

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We shall not under any circumstances be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if we or a representative of ours has been advised of the possibility of such damages.

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Indemnity

You agree to indemnify and hold us and our shareholders, directors, officers, employees, assignees and licensees harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from the breach of any of your obligations hereunder.

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General Information

These Terms constitute the entire agreement between You and Us/We.

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Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any part of these Terms is found to be invalid by any court having competent jurisdiction the validity of the remaining Terms will be unaffected. If either party does not exercise any right or remedy under these Terms, this will not be taken to mean that they have been waived.

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These Terms and the relationship between you and us shall be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction over any dispute arising. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.

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We reserve the right to vary these Terms from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.

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We will only use any personal data collected during your use of the Site in accordance with current UK data protection legislation.

 

Please look at our Privacy Policy to find out what we propose to do with your data and your chosen preferences.

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Events Terms and Conditions

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1. The Terms and Conditions incorporate and should be read in accordance with any Venue terms, conditions and regulations, copies of which are available upon request from the Venue. The Terms and Conditions and any Venue terms, conditions and regulations are collectively referred to as, “Conditions”. In the event of any inconsistency between the Terms and Conditions, and any other Conditions, the Terms and Conditions shall prevail. These Terms & Conditions operate in addition to the Ticket Terms and Conditions of the Venue including the Venue’s Ground Regulations.

2. All Tickets are sold subject to the Conditions. Please read the Conditions carefully before purchase and raise any queries with Applestump Events before purchase. Your purchase of a Ticket constitutes your acceptance of the Conditions.

3. It is your responsibility to check Your Tickets as, if you have made a mistake, it cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake.

4. If You have any special access requirements or concerns about any special effects (for example lighting, sound, audiovisual or pyrotechnic effects) which may be featured at the Event, please discuss any such issues before purchasing the Tickets by emailing shop@applestumprecords.com. Applestump Events and the Venue will use reasonable efforts to assist with any such special access requirements or concerns.

5. You must produce a valid Ticket to gain access to an Event and You must keep possession of such Ticket at all times during the Event. Your Ticket may be invalidated if any part of it is removed, altered or defaced. We will not be responsible for any Ticket that is lost, stolen or destroyed.

6. Duplicate tickets will be issued at our discretion in collaboration with the Venue. If we issue a duplicate Ticket, we may charge a reasonable administration fee.

7. This event is open to over 16 year olds only.

8. Where events are seated, seating is allocated on a first come first served basis.

9. We reserve the right to alter the advertised Event as may reasonably be necessary. Applestump Events and the Venue's total liability in relation to a cancelled Event is set out below in Conditions 14 and 16.

10. Tickets cannot be exchanged or refunded unless the performance is cancelled, rescheduled or where there is a material change to the programme of the event. A ‘material’ change is a change which, in our reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. Please note that the following are not deemed to be a ‘material’ change: adverse weather conditions; changes of any supporting act; changes to key performing individual members of a band; curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. It is Your responsibility to ascertain whether an Event has been cancelled or re- scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re- scheduled, Applestump Events and the Venue will use their reasonable endeavours to notify You using the details You provided at the time of ordering. We do not and cannot guarantee that You will be informed of such cancellation before the date of the Event. It is also Your responsibility to inform us of any change to the contact address, telephone number or email address You provided at the time of purchase of tickets for the Event.

12. Where an Event is cancelled, rescheduled and you cannot or do not wish to attend the reschedule event or where there is a material change to the programme of the Event, You will be entitled to a refund in accordance with Condition 14. Liability for the cancellation or rescheduling of the Event, or for material changes to the Event, will be limited to a refund as set forth in Condition 14.

13. “Force Majeure” means any cause beyond our or the Venues’ control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic and/or pandemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. Subject to the provisions of Condition 12, neither we nor the Venue will not be liable to You for failure to perform any obligation under the Conditions to the extent that the failure is caused by Force Majeure.

14. The total refund for a Ticket shall be the face value of the Ticket purchased. Personal arrangements including travel, subsistence, hospitality or accommodation relating to the Event which have been arranged by You are at Your own risk. We shall not be liable for any loss of enjoyment or wasted expenditure in addition to refunding the face value of the Ticket.

15. In order to claim Your refund, please contact us at shop@applestumprecords.com within 3 months of the original proposed date of the Event for a cancelled or rescheduled Event, or as soon as possible for the Event which has been materially changed. Following confirmation that you are eligible for a refund, the refund will be made in accordance with the payment method used at the time of purchase. Refunds will only be made to the person who purchased the Tickets and proof of purchase is required.

16. We reserve the right to alter the price of any Ticket at our sole discretion. If You have already purchased a Ticket to an Event and a cheaper ticket becomes available, we will be under no obligation to refund any portion of the Ticket purchased at the initial price.

17. Neither Applestump Events nor the Venue will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused: (a) in any circumstances where there is no breach of a legal duty of care owed by Applestump Events or the Venue, (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of a breach of a legal duty of care owed by us or the Venue); or (c) to the extent that any loss or damage results from breach by You of any of the Conditions.

18. Nothing in these Conditions seeks to exclude or limit any liability of Applestump Events or the Venue for death or personal injury caused by its negligence, fraud or any other type of liability which cannot by law be excluded or limited.

19. Applestump Events and the Venue will not accept any ticket purchased from an unofficial secondary ticketing website. It is Your sole responsibility to ensure that the Ticket You have purchased is from an official ticket seller as identified in Condition 48.

20. You may not re-sell or transfer a Ticket if prohibited by law. In addition, re-sales or transfers of Tickets may be prohibited for the Event, pursuant to the specific terms and conditions of the Event (for example, but not limited to (a) charity Events, (b) Events where age restrictions apply because of the content of the Event or licensing requirements, or (c) balloted Events). Where a Ticket is offered for re-sale in accordance with the Conditions, You must provide the buyer with full details of the Ticket. Full details include (if printed on the Ticket) the relevant block or tier, and row and seat number. The buyer of a Ticket must be made aware of the Conditions and any other terms and conditions that are specific to the Event. You should check whether any special terms or conditions apply before offering a Ticket for re-sale. Free tickets are often provided for specific reasons limiting their transferability.

21. You may not combine a ticket with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a ticket package (“Ticket Package”) and sell or otherwise transfer (or facilitate the sale or transfer of) such Ticket Package for profit or commercial gain, offer such Ticket Package as an incentive or prize in a promotion or competition, or otherwise dispose of such Ticket Package in the course of a business.

22. Tickets are personal revocable licenses and shall at all times remain the property of Applestump Events. Any Ticket obtained in breach of the Conditions will be void. Any person seeking to use a void Ticket may be refused entry to, or ejected from, the Venue without refund, and may be subject to legal action. Void Tickets are non- refundable.

23. Tickets may be restricted to a maximum number per customer. We will notify You of any such restriction at the time of purchase. We reserve the right, without prior notice, to cancel Tickets purchased in excess of this number, unless the purchase of an excess was due to our or the Venue’s error.

24. Applestump Events and the Venue reserve the right to refuse You entry to and/or eject You from the Event and/or Venue (and may take appropriate action to enforce this right) in reasonable circumstances including without limitation (a) for health and safety or licensing reasons, (b) if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event, (c) if You use or display threatening, abusive or insulting words or mannerisms or behave in a manner which may provoke a breach of the peace, (d) if, in our reasonable opinion, You appear to be acting under the influence of alcohol or drugs, (d) if You fail, when required, to produce proof of identity or age, (e) if You refuse to comply with security searches, (f) if You breach these Terms, or (g) if Your Ticket is void. No refunds will be given to You if You are refused entry or ejected due to Your own behaviour.

25. We reserve the right to conduct security searches and confiscate any item which may cause danger or disruption to other persons at the Event or is one of the items not permitted in the Venue as listed in the Conditions (including those items listed in these Conditions).

26. You shall not bring all or any of the following into the Venue: (a) smoking materials, (b) laser pens, (c) animals (except guide dogs), (d) Your own food and drink (unless permitted by the Venue), (e) bottles, cans or glass containers (unless permitted by the Venue), (f) any item which may be interpreted as a weapon (including sharp or pointed objects such as knives), or (g) illegal substances. Notwithstanding anything else in the Conditions, we shall not be liable for any loss, theft or damage to confiscated items.

27. You must comply with any and all instructions given to You by all Venue stewards and Venue staff. We or the Venue reserve the right to restrict access to parts of the Venue.

28. If before or during the Event You have a complaint in relation to the Event (including without limitation, in relation to Your ability to view the Event), please promptly contact us via shop@applestumprecords.com if before the event, or a member of staff if during the Event. We will use reasonable endeavours to rectify the situation which is the cause of your complaint, however under no circumstances shall we or the Venue be under any obligation to rectify the situation.

29. Warning – Prolonged exposure to loud noise may cause damage to Your hearing.

30. The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material within the Venue is strictly forbidden. You shall not bring any such equipment to the Venue or to the Event. Any recording or transmitting equipment (including professional cameras), unauthorised recordings, tapes, films or similar items may be confiscated and/or destroyed. Any recording made of an Event or part thereof in breach of the Conditions shall belong to the us or the Venue and You agree to assign any and all rights in any such recordings to Applestump Events or the Venue. Notwithstanding anything else in the Conditions, neither we nor the Venue shall not be liable for any loss, theft or damage to confiscated items.

31. You give Your express consent to Your actual or simulated likeness to be included for no fee within any film, photograph, audio and/or audiovisual recording to be exploited in any and all media for any purpose at any time throughout the world. This includes filming by the police or security staff which may be carried out for the security of customers or the prevention of crime.

32. Smoking (which includes e-cigarettes) within the Venue is strictly prohibited. We and/or the Venue reserve the right, without refund, to eject any person found smoking in the Venue.

33. You may only leave and then re-enter the Venue during an Event at the discretion of Applestump Events or Venue staff. Otherwise there shall be no re-admissions or pass-outs of any kind. Depending on the type of Event, every effort to admit latecomers will be made at a suitable break in the Event, but admission for latecomers cannot always be guaranteed.

34. We reserve the right to allow audience members to stand in seated areas of the Venue.

35. You shall not bring into the Venue or display or distribute at the Event any sponsorship, promotional or marketing materials.

36. You must not leave any bags or other items of personal property unattended in the Venue. Any personal possessions or other items (including without limitation clothing, wallets and mobile telephones), which are found in the Venue, shall be retained by the Venue for a period of 30 days following their discovery. During this period, you may collect any item which belongs to You from the Venue upon reasonable proof of identification and ownership. If, upon the expiry of 30 days from the date of its discovery, any item has not been collected by You, Applestump Events or the Venue reserve the right to dispose of any such items as we see fit without any further liability to You (notwithstanding anything else in the Conditions). Where possible, any uncollected items will be donated to charity.

37. Except to the extent that Applestump Events or the Venue is required or permitted by law to do otherwise, personal information provided by You to us will only be used in accordance with the General Data Protection Regulations 2016 and any consents given by You in relation to Your personal information.

38. Applestump Events or the Venue shall be entitled to assign all and any of its rights and obligations under the Terms and Conditions without notice to You, provided that You are not adversely affected by the same.

39. If it is found by a court that any of the Conditions for any reason cannot be enforced for any reason, this shall not prevent the other provisions of the Conditions from continuing to apply.

40. Any delay of Applestump Events or the Venue in enforcing any of the Conditions shall not constitute a waiver of our rights to do so.

41. Any person, other than Applestump Events or Venue, who is not a party to the Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms and Conditions.

42. Nothing in the Conditions and no action taken by You or Applestump Events or the Venue under the Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between You and Applestump Events or the Venue beyond the relationship created under the Conditions.

43. The Conditions constitute the entire agreement between You, Applestump Events and the Venue in relation to the Tickets, the Event and the Venue, and supersede any previous terms and conditions, agreement or arrangement between You, Applestump Events or the Venue relating to the same. The Conditions cannot be varied or amended in any respect (unless agreed between You and Applestump Events in writing).

44. You, Applestump Events or the Venue agree that it has not entered into the Conditions in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in the Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

45. The Conditions do not and shall not affect Your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct or the Department for Business, Energy & Industrial Strategy.

46. If any dispute arises out of the Conditions, we will attempt to settle it. To this end we shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to both parties. Although this does not restrict Your rights to pursue court proceedings, if Applestump Events is unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation. To initiate a mediation a party must give written notice to the other parties the dispute and requesting a mediation.

47. These Conditions are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts.