help
1. New Customers
As a new shopper, there are a few things that should help you make your shopping experience go smoothly.
The first thing you will want to do is become a registered shopper. Click “Login” and enter details requested.
To do this you need to use your email address as your login, and create a password for yourself. You then need to enter all of your address details.
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. Please do not use foreign alphabet characters as this may not be recognised by our system and may cause your address to be displayed incorrectly. We are not responsible for non-delivery if you have entered your address incorrectly.
2. How do I use the shop?
Browse through the different sections of the site looking at the products available. When you see something you want to buy, you'll notice an “Add to Basket” button next to it. Clicking on that button will put one copy of that item into your shopping basket. The number of items in your basket will increase each time you add something.
If you click on the “View Basket” button, you can see what you've got in your basket and how much it will cost you. If there's an item you know longer you want, you can remove it. Once you've selected everything you would like to purchase, click “Checkout” - this will prompt you to log in with your store account, you can create an account if you don't have one (see Section 1. New Customers). You will need to hit the “Checkout” button to confirm your order.
You need to select your country from the menu to see all payment methods available to you. Follow all of the instructions regarding your chosen method of payment. After you have completed the payment pages, your order will be placed with us and sent out to you as soon as possible.
3. Frequently asked Questions (FAQs)
3.1 Will the DVD play in my machine?
The majority of DVDs and videotapes sold are PAL format, Region 2, unless stated otherwise.
You should refer to your DVD player's instruction booklet for confirmation of your player's regional settings. DVDs and videotapes vary according to both format and region, so unless your machine is multi-region / multi-format, or can be converted to handle multi-region / multi-format, you should be aware of the following:
You need to check that both the format and the region code of the DVD match the settings on your player and that the format matches your television.3.1.1 What are the formats?
PAL is the standard format for the UK, Europe, Australia, New Zealand, Africa and Asia (excluding Japan).
NTSC is the standard format for USA, Canada, Central and South America, Japan and the Caribbean.
3.1.2 What are the DVD regions?
- Region 1
- USA and Canada
- Region 2
- Europe, Japan, South Africa and the Middle East
- Region 3
- South East Asia and East Asia
- Region 4
- Australia, New Zealand, Central and South America and the Caribbean (there is also a significant penetration of Region 1 players in all these regions, except Brazil)
- Region 5
- Africa (excluding South Africa), India, Russia, North Korea and Mongolia
- Region 6
- China
- Region 0
- These are uncoded discs and should play on any DVD player.
3.2 My purchase says “Dispatch in 3-14 days”
“Dispatch in 3-14 days” means that the item requested is out of stock. We have to order it in from a supplier before we can send it to you.
3.3 My order hasn't arrived
The first thing to do is to make sure that your order has actually been sent out to you. When your order is shipped, you are automatically sent an email to let you know.
Check your order status by logging into your account and viewing your order history. If the status of your order says “Processed”, this means that your order should be on its way to you.
Once our recommended delivery time has elapsed (please see Section 5.9 and 4.3 for more information), If you have chose to have you item sent by Standard Mail, please check that your local postal office aren't holding the package for you. They may not have been able to fit your package through your letterbox and took the package to your local office for you to collect. They should leave a card to say that delivery has been attempted, but we have found that this does not always happen.
If they return the package to us because you did not pick it up at the post office, you will have to pay the Postage & Packaging charge again to have it resent.
Because of the variance in delivery times, we are not able to consider a package lost by the postal service until 14 days from the shipping date have passed. This is regardless of your country of residence.
If your order was shipped more than 14 days ago, and you have checked at your local postal office to make sure they aren't holding it for you, please email us at customer.services@digitalstores.co.uk
3.4 How do I cancel my order?
The only way to cancel an order is to contact us.
Please email us at customer.services@digitalstores.co.uk. Quote your order number and “Please cancel” in the subject line of the email and we'll take care of it. You can also telephone us on: +44(0)844 499 3456. Please have your order number ready. Once your order has been cancelled, you will receive a cancellation email.
Please note that we will not be able to cancel your order if the status is showing as “Processed”. In this case, once you receive your order, you will be required to return this to the address on the bottom of the advice note. Please see our refunds policy for more information. All ticket orders are final and non refundable.
3.5 My items arrived damaged
If your items arrive damaged, we will either refund you in full (including the postage and packing you were charged), or send you replacement copies, if there is available stock. We may ask you to return the damaged item to us before we can take further action. Please email us at customer.services@digitalstores.co.uk and we will arrange the refund.
3.6 Can I exchange an item I don't like?
Yes, you can exchange goods purchased. We will issue you with a credit note or refund when we have received goods back to our warehouse. Please see Section 9.8.5 for more information. Once we have received the returned items you will be free to order your new item from the store.
3.7 I've put items in my shopping basket, but when I click on it, it tells me it's empty. What do I do?
This sounds like a problem with page caching, which you can fix by clearing your browser cache.
Internet Explorer
- Open the Tools menu and click Delete Browsing History...
- Select Temporary Internet Files.
- Click the Delete button to delete your temporary files (i.e. clear your cache).
Firefox
- From the Tools menu, select Clear Recent History.
- Choose the time range of cache you'd like to clear.
- Click on Details and make sure Cache is checked.
- Select Clear Now.
Chrome
- Select Options from the Tools menu.
- On the Under the Hood tab, click the Clear Browsing data button.
- Select the Empty the cache check-box.
- Click the Clear Browsing Data button.
Safari
- Depending on your browser version, click the Edit or Safari menu and select Empty Cache.
- Click Empty.
Opera
- From the tools menu, select delete private data.
- Click the details button.
- If you do not wish to delete cookies, saved passwords, etc., remove checks from them in the list and press Delete.
Try to view the site and hopefully it should all work fine.
3.8 My order status says 'no payment recieved'?
An order will display in your order history with a status of "no payment recieved" when there is no payment attached to it. Perhaps your shopping session may have been interrupted before you finished entering your payment details. If you wanted to pay by card, then you will need to place a new order on the website.
However, it is worth checking your order history first by logging into the site, to make sure that you haven't already placed an active order with us.
There is no need to worry about any existing orders as they will not process without payment and will therefore remain inactive on the system. If you have any queries regarding this please feel free to contact customer services.
3.9 How is my order wrapped if I choose gift wrapping?
We will gift wrap whole order (All items ordered wrapped together) for your convenience. Multiple items will be wrapped as one parcel.
If your order is shipped in two parts then both parts will be gift wrapped. There will also be two charges for the gift wrapping.
4. Shipping
4.1 Costs for postage
Each item is priced for delivery according to its weight and volume. An exact delivery charge will be calculated for you on the website before you are asked for payment.
4.2 Countries we deliver to
We endeavour to deliver products to most countries worldwide, if you are experiencing problems with delivery please call our customer service team.
4.3 Courier Delivery
International courier charges vary based on the country we are delivering to, and the weight and size of the package delivered. The final price will be displayed in the checkout before you are asked for payment. UK deliveries are next day to most UK destinations. When your order is shipped you will get an email, and you can expect your order to arrive the following day. Other UK destinations may take up to 2 days for delivery.
We cannot guarantee next day delivery to the rest of the world. If you would like to obtain a tracking your order, please contact our customer services team who will find out where your order is.
You are responsible for paying all customs or import duty charges.
5. Product Delivery / Availability
5.1 Pending
“Pending” means that we have received your order and your payment details but we are waiting for some of the items that you want to arrive from the supplier. An item which is “pending” will hold up the rest of your order from being sent to you.
5.2 Immediate Dispatch and dispatch within 3-14 days
All items are subject to availability and all time frames are approximate and as such, should not be interpreted as a guarantee.
“Immediate Dispatch” means that we have the item in stock. If all the items in your order are in stock, your order will usually be processed within 24 hours.
“Dispatch in 3-14 days” means that the item requested is out of stock. We have to order it in from a supplier before we can send it to you. Most items usually take between 3-14 days to arrive. However, some items, including imports, can take a little longer to arrive. We will keep trying to full fill an order for approximately 1 month from the date it was placed. There are some exceptions, including pre-releases or if we have received a revised delivery date from the supplier that is just outside the 1 month period.
If your order contains both “immediate dispatch” (in stock) and “3-14 days dispatch” (out of stock) items your order will be dispatched in two shipments. In stock items will be sent immediately in the first shipment. The second shipment will be dispatched once all of the out of stock items become available. In this instance you will be charged two delivery fees.
An important point to note is that if you order the last copy of an item which is available for immediate dispatch, once your order is placed that item will show as being out of stock. This is because you have reserved the last copy so it is now unavailable for anyone else who wants to buy it.
5.3 Pre-release/order
Pre-order means you can place an order for a product that isn't available for general release. UK customers should expect to receive their product on day of release.
5.4 Processed
This means that your order has been processed and your payment has been taken.
5.5 Signed Products
We frequently offer products that are signed by the artist(s). Unfortunately the number of copies are always very limited which means we cannot guarantee that every customer will receive the signed version. In these instances, orders are selected on a random basis, unless otherwise specified. Instances where product is offered on a first come first served basis, this means “first served” once your payment method processes through our system and not at time of ordering.
Please be aware that multiple orders/copies for signed goods may not be completely fulfilled and the quantities may be changed. This is in the interests of fairness and makes the chance of receiving a signed copy as equal as possible for all of our customers.
5.6 Not received order
5.7 Wrong items have been delivered
If you have received incorrect items in you order please contact our customer service department. They will advise you on how to send back the items and replace them with the correct items.
5.8 Damaged Items
5.9 Standard Delivery
If you have ordered something that is flagged as “Dispatch in 3-14 days”, we cannot ship your order until the stock arrives from the supplier.
We will send you an email when your order is shipped. From this date, here is a rough guide to how long it should take for you to receive your order:
- UK
- Approximately 1-4 working days
- Europe
- Approximately 4-7 working days
- USA / Canada
- Approximately 7-14 working days
- Rest of the World
- Approximately 7-20 working days (depending on location)
All UK items are sent by standard First Class mail. All overseas orders are sent by standard first class airmail. Unfortunately there is no tracking information available on items. If speed of delivery or tracking are important to you, it may be worth selecting the “Courier” option on the “Review Your Order Details” page when placing your order. Once your order arrives in your country, it is passed to your postal service, who will deliver it to you in keeping with their standard working practices.
We cannot consider an order “lost” until 28 days have passed since the shipping date.
6. Vouchers
6.1 How can I redeem my voucher or credit note?
To redeem a voucher/credit note add your items to the shopping basket and proceed to the checkout as normal. Enter your voucher/credit note code in the box on the “Review order” page of the order form.
If the value of your voucher exceeds your order value, any remaining balance is held on the voucher/credit note. You will be given the option to use that balance when you place future orders.
If your order total exceeds the value of your voucher/credit note you will be asked to provide a credit or debit card number or redeem another voucher/credit note to pay the balance.
6.2 Problems with vouchers
If you are experiencing problems redeeming your voucher, please ensure that you are inputting the whole voucher code which must include the credit prefix. If you are still encountering problems call our customer services team on: +44(0)844 499 3456.
6.3 Special Offer vouchers
Special offer Voucher codes are not to be used in conjunction with any other offer.
7. Privacy Policy
Last Updated 11 May 2010This is the Privacy Policy of EMI Group Limited and its subsidiary companies (collectively “EMI”, “we”, “us”), which applies to this website (the “Website”). A full list of the EMI group companies that may jointly use personal data about you pursuant to this policy is available at http://www.emimusic.com/wp-content/uploads/2010/10/List-of-EMI-Group-Companies.pdf. EMI Group Limited is the entity responsible for the management of jointly used personal data.
In conjunction with any applicable Terms and Conditions of Use, this policy sets out the basis on which any personal data you provide will be collected, processed and stored by us. Please read it carefully. By visiting this Website you are accepting and consenting to the practices described in this Privacy Policy which may be amended from time to time. If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this policy at any time, you should not use the Website.
Children
You must be at least 13 years old to register with us. Please do not provide any of your details to us if you are under 13 years old. If you are between the ages of 13 and 16 please ensure that you have your parent’s or guardian’'s consent to register and/or before you provide any personal data to the Website. Users without this consent are not allowed to provide us with personal data. If we become aware that you are under 13 and are attempting to or have submitted personal data via the Website, or that you are between the ages of 13 and 16 and are attempting to or have submitted personal data via the Website without your parent/guardian's permission, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.
Introduction
This Privacy Policy explains the following:
- What data we collect about you;
- Analysis tools and our use of cookies on the Website and how you can reject these cookies;
- How EMI stores data about you;
- Passwords;
- How EMI uses data about you;
- When and how we communicate with you;
- Whether we will disclose personal data about you to anyone else;
- How you can opt-out from receiving communications from us;
- How you can opt-out from our sharing personal data about you;
- How long we may keep personal data about you; and
- How to contact us.
What data we collect about you and why
- When you use the Website, there are different ways we and any service providers who assist us in managing the Website gather information about you. When you register with us, we ask for information such as your name, email address, postal address and contact details. We keep a record of this information and any other information relating to you that we may obtain from our suppliers or other third parties. This record will be stored and processed in the United Kingdom and other countries (see further below under “How we store data about you” and “How we use personal data about you”). All this is necessary for us to recognise you, provide you with the services or information you have requested from us and, where appropriate, to maintain your account with us. In addition to the uses described below, we may also use this information to improve our platform and prevent or detect abuses of our Website. You may also be required to provide personal data to order products or participate in one of our online forums or communities. You are under no obligation to provide such data. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
- We keep a record of any electronic correspondence you send us. This helps us to keep track of any problems or concerns you may have had with our Website or services.
- If retail opportunities are provided, when you place an order, we may collect a credit card number or other payment account number. This record will be stored and processed in the United Kingdom and other countries (see further below under “How we store data about you” and “How we use personal data about you”).
- Please note that sometimes on particular web pages on the Website we will require you to provide additional personal data. When we do this we will specify further on these web pages why we are collecting this data and how we will use it.
Analysis Tools and our use of cookies
- We currently use Google Analytics to analyse how visitors use our Website and to find ways of improving it. To do this, we use Web beacons, pixel tags, clear GIFs and cookies on the Website; these are text files that collect and log site user behaviour information including IP addresses (the number automatically assigned to your computer by your Internet Service Provider) in an anonymous form. The information collected is transmitted to Google and used to compile statistical reports for us. The information concerned is not used to track or collect any information which may be used to identify a particular individual. All information is used and held anonymously.
- We may also use cookies and other technologies to optimise your experience on the Website. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Cookies can be used to recognise users when they return and may help us to customise the Website for you based on your preferences. Cookies may also be used to identify the user’'s geographic location and enable us to restrict particular services to users in certain countries. Although they do identify a user's computer, cookies do not personally identify users and passwords and credit card information are not stored in cookies.
- We control how the data collected from our cookies and other technologies may and may not be used. If you do not want to help us to learn how to improve our Website, products, offers and marketing strategy, you can “opt-out” of our ability to analyse such data and disable cookies by modifying the settings in your browser. Please note that this might affect some functionality on the Website. For more information about cookies and how to disable them, please go to www.allaboutcookies.org.
- Third-party advertisers on the Website may use cookies and other technologies in their advertisements for statistical purposes; we have no control over cookies placed by third parties.
How we store data about you
In order to communicate with you about local events, offers and opportunities and other news, the data that we collect from you may be transferred to, stored and processed by EMI or one of our service providers based in Europe, North America, South East Asia, Asia Pacific or Latin America. Such entities may be engaged in, among other things: preparing and sending newsletters to which you subscribe; the fulfilment of your orders; the processing of payment details; and the provision of support services. The laws of some countries may not provide the same levels of protection of personal data as your home country, particularly if you are resident in the EEA. By submitting data, you agree to the collection, transfer, storage and processing of data about you for the purposes described in this policy. We will take reasonable steps to ensure that data about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.
Passwords
Where we have given you (or you have chosen) a password to access the Website, you are responsible for keeping this password confidential. Please do not share the password with anyone. We will never contact you and ask for your password.
How we use personal data about you
All the information we collect via our Website, or through correspondence with you, is used to provide you with any information, products or services you have requested, to operate EMI’s business and to improve the services and products that we offer you. We will use personal data about you for purposes such as:
- managing the Website and access to it so that it is presented in the most effective way for you and your computer;
- dealing with orders and accounts for the supply of our goods and services;
- planning and managing EMI’s business activities, including analysing users’ preferences;
- research;
- providing you with information about the products and services we offer (subject to your preferences where possible);
- providing you with information about specially selected third party products and services (if you consent to receive such information on registration);
- notifying you of any changes to our products and services;
- providing you with password reminders or to notify you that a particular service has been suspended for maintenance; and
- processing and dealing with any complaints or enquiries made by you.
As described above data may be shared within EMI. There are only a limited number of circumstances in which we may share with others some or all of the data about you that we hold; these are set out below.
- With local agents and other third parties who assist us in the services we provide to you by, for example, hosting sites or sending emails on our behalf, and with retail partners on the Website. In these instances, we provide them with only the information that they will need to perform their function. EMI requires these third parties to comply with EMI’s instructions and requires them not to use any personal data for their own business purposes.
- In the event that our business assets are ever sold to, or purchased by, another company (our data records are part of our business).
- With our joint venture partners.
- Where you have expressed an interest in one or more particular artists and have consented to the sharing of information with any such artist(s), we may share personal data about you with such artists and their representatives. Such artists may use this information to contact you regarding products, programs, services and promotions that the artists believe may be of interest to you. We do not control, and are not responsible for, artists’ use of personal data. If you decide that you no longer wish EMI to be able to share personal data with artists and their representatives, please see the section on opting-out below.
- If we are under a duty to disclose or share personal data about you in order to comply with any legal obligation, at the request of relevant regulatory or governmental authorities, pursuant to a subpoena or comparable binding request, or in order to enforce or apply our Terms and Conditions of Use of this Website, or to protect the rights, property or safety of EMI, its customers, or others.
- We may make available services such as message boards, chat functionality and blogs, to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. In addition, when you choose to make a posting on such services certain personal data will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal data about you, or any other information, on the Website. We are not responsible for the use by any third party of any personal data you voluntarily disclose through any such services or otherwise on the website.
- With your express consent.
So far as practicable we will seek to ensure that each disclosure will be subject to an obligation of confidentiality.
We may also share anonymised, aggregated data, such as access statistics, with third parties such as advertisers. This will not involve the identification of individuals.
When and how we communicate with you and how you can opt-out from receiving future communications or from our sharing personal data about you
We may use the information we collect to contact you by post, email and telephone (including automated calls, and by SMS text messages and other multimedia electronic messages such as picture messaging) so as to contact you:
- in relation to the functioning of any services you have signed up for in order to ensure that we can deliver the services to you;
- to provide you with further information;
- in relation to any contribution you have made to the Website, e.g. on our message boards;
- to invite you to participate in surveys about our services (participation is always voluntary);
- for marketing purposes subject to any elections that you have made in this respect;
- about a submission you have made to the Website, including any content you provide.
We will not send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider may impose a charge on messages that you receive. Please check with your service provider for details. You will be given the opportunity to opt-out of receiving such marketing information at the point when your details are collected. All promotional information from us will come with instructions on how to opt-out from receiving further information in the future.
You can tell us not to contact you or share the information with a third party either at initial registration or later through updates. We may occasionally contact you about products and services we feel may be of interest to you. This contact will only come from us (or our agents) and only if you have indicated that you do not object to these offers. If you would prefer to no longer receive marketing-related messages from us, or if you would prefer that we not share personal data about you with any of our joint venture partners or artists, you may opt-out of receiving messages from us or from our future sharing of information about you by following the “unsubscribe” instructions in the latest such message you have received. We will endeavour to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or services offered through this Website. We also will continue to honour your requests regarding promotional communications from other EMI websites for which you have subscribed.
Please note that if you opt-out as described above, we will not be able to remove personal data about you from the databases of joint venture partners or any artists with which we have already shared personal data about you (i.e., to which we have already provided personal data about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related messages from such joint venture partners or any artists, please contact such joint venture partners or any artists directly or utilize any opt-out mechanisms set out in their respective privacy policies or marketing-related messages.
Data over the Internet and other websites
The Internet is a global network and, therefore, there are times when data about you travels globally and may not always be completely secure. If you provide us with data over the Internet, this will be at your own risk. By using the Website, you agree and authorise us to process data in this way. However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorised access to data about you.
Where the Website contains links to third party websites, please note that these have been included for convenience only. Neither EMI nor any of its affiliated companies, controls the content of any linked site and any personal data collected by such sites will be subject to the privacy policy of the third party operating that site. Please read any such third party’'s policy carefully before providing any personal data on such websites.
We sometimes may offer content (e.g. competitions, sweepstakes, or promotions) sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that you voluntarily submit to participate in the Website activity. We are not responsible for and have no control over these third parties' use of this information. However, we will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.
We may use third parties to present or serve the advertisements that you may see on the Website. This Privacy Policy does not cover any use of data that a third party ad server may have collected from you.
Offensive or inappropriate content
If you post or send offensive, inappropriate or objectionable content anywhere on or to the Website, or otherwise engage in any disruptive behaviour on the Website, we may use the personal data we hold about you to stop such behaviour. Where we reasonably believe that you are or may be in breach of any applicable laws (for example, but without limitation, content you have posted may be defamatory), we may use the personal data we hold to inform relevant third parties such as your employer, school email/Internet provider or law enforcement agencies about the content and your behaviour.
Legal disclaimer
We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal data.
How long we will hold personal data about you
We will hold personal data about you on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you hold with EMI, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website once an account is deleted, people cannot use the personal data about you other than for administrative purposes, but it stays on the system for a period of one year for administration purposes before being deleted.
Where you contribute to the Website, we will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted.
Further Information; How to contact us
If you have questions about personal data relating to you, or our privacy policy, or wish to change or update data we hold about you, please contact us at privacy@emimusic.co.uk. To see all of the information we have about you, and to correct any inaccuracies, change your options in relation to the information you wish to receive or to cancel your registration, please write to The Data Controller, EMI Group Limited, 27 Wrights Lane, London W85SW. Any access request may be subject to a fee of £10 to meet our costs in providing these details. Residents of the United States may send questions and communications regarding personal data and our privacy policy to privacypolicy@emimusic.com
8. Contact Details
You can contact us via email at customer.services@digitalstores.co.uk or by writing to us at D2C Team, EMI Records Limited, 27 Wrights Lane, London W8 5SW
9. Terms of Sale
9.1 Who We Are
We are EMI Records Limited registered in England and Wales under company registration number 00068172, registered office at 27 Wrights Lane, London W8 5SW.
These terms of sale (“Terms”) govern your relationship with EMI Records Limited (“EMI”, “we”, “our”, “us”) when you use our online services (“Services”) via this specific check out area with URL [cart.html] (“Store Area”). From time to time we may use the services of third parties to assist us in the provision of this Store Area, however, unless otherwise stated, the services available on this Store Area are provided to you by EMI.
By purchasing products via this Store Area, you acknowledge that only the Store Area is controlled by EMI and you accept and agree to these Terms (which include our Privacy Policy, and you agree that your use of this Store Area, including any transaction you make, is subject to these Terms. If you do not agree to all of these Terms, you may not use this Store Area.
You should print a copy of these Terms for future reference.
If you have any questions about these Terms please contact us using the following details. Phone lines are open between 9:00 and 17:30 Mon - Fri.
9.1.1 Non-Technical Queries
Email: customer.services@digitalstores.co.uk
9.1.1 Technical Queries
Email: techsupport@digitalstores.co.uk
9.2 Changes to these Terms
We may make changes to these Terms from time to time, which will be effective when posted on this Store Area. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Store Area regularly for any updates. Your continued use of this Store Area following the posting of changes will mean you accept those changes.
You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
9.3 Store Area Content
The Services, this Store Area (including without limitation) all trademarks, music recordings, lyrics, audio and audio visual clips, digital downloads and posters (“Content”) are owned and controlled by or licensed to EMI, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of EMI or such affiliates, licensors and/or licensees.
Unless otherwise specified, this Store Area, the Services and Content are for your personal and non-commercial use only.
You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Store Area, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
9.4 System Requirements
Purchases via the Store Area require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.
9.5 Your Use of our Store Area
You may not:
- restrict or inhibit any other user from using and enjoying this Store Area or the Services;
- act in any way that would damage, disable, overburden, or impair this Store Area or the Services or effect or encourage conduct that would constitute a criminal offence or give rise to civil liability;
- upload, post or transmit to, or distribute or otherwise publish through this Store Area any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party's rights;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- exploit any information or other material obtained on or through this Store Area for commercial purposes;
- engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using EMI cookies for purposes which are unrelated to the Services);
- attempt to gain unauthorised access to other computer systems through this Store Area or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Store Area; or
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Store Area or the Contents or the Services.
9.6 Your Use of our Software
Software used to provide the Services (Software) is owned by or licensed to us, our affiliates or our software suppliers. All rights in the Software are the sole and exclusive property of EMI or our suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:
- use the Software to transmit any content other than the Content to EMI or to anyone else;
- sell or otherwise distribute any part of the Software;
- modify, adapt, translate or reverse engineer any part of the Software;
- attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised;
- use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
- use the Software for any commercial purpose.
9.7 Registration and Passwords
If a particular Service requires you to register with the Store Area or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Store Area by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person's account at any time without the express permission of the account holder.
You are responsible for ensuring that the information we hold is up-to-date. Please amend your details as appropriate from time to time or email customer.services@digitalstores.co.uk to notify us of any changes.
Please see the Privacy Policy for further explanation as to how we use the information we collect from you and how we use cookies and traffic analysis tools.
9.8 Our Products
Our Store Area may allow you to:
- purchase physical products e.g. apparel and other merchandise;
- download digital products e.g. music and videos;
- purchase mobile products e.g. music, videos and other Content such as wallpaper, screensavers and logos;
- download (and/or participate in online) games, at a cost or free of charge;
- stream services to enable you to preview and/or listen to and/or watch music and videos online; and/or
- subject to any separate specific terms and conditions, offer such services to you on a subscription basis.
If we decide to offer any additional products in the Store Area, such future products will also be covered by these Terms.
You should ensure that your computer meets the minimum technical requirements for the Services, i.e. has an internet, JavaScript and Cookies enabled browser installed. You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to your use of the software.
You may need to register with the Store Area before using the Services.
By placing an order through our Store Area, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old.
- If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Store Area, a parent or guardian should accept these Terms on your behalf
9.8.1 Making an Order (Digital and Physical Products including Games and Mobile Products/Services if applicable) (see Section 9.8.3 for Mobile Products/Services purchased via SMS)
Follow the onscreen instructions on the Store Area to make an order.
Items which you select for purchase, download and/or streaming (as applicable) will automatically be placed in your “shopping basket”. To remove an item from your shopping basket, simply click on the remove (or similar) button next to the item as it appears in your basket.
Once you have pressed the checkout (or similar button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).
You will receive an order summary confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order. This does no’t mean that your order has been accepted. Your order represents an offer to us to purchase a particular item which is accepted by us only when we send you an email (“Dispatch Confirmation”) confirming:
- in the case of physical products: that that particular product has been dispatched (in the case of physical products), or (if appropriate);
- in the case of digital content: instructions for accessing your digital content.
We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a refund in accordance with our Refund Policy set out in Section 9.8.5. Where your order was for products of a “hybrid” nature (e.g. a physical and digital product) we will refund the relevant element of the order in accordance with our cancellation policy (set out in Section 9.8.4 as applicable) for that particular product.
9.8.2 Payment (Digital and Physical Products, including Games and Mobile Products/Services if applicable) (see Section 9.8.3 for Mobile Products/Services purchased via SMS)
We can accept only (i) Visa and MasterCard Credit Cards for purchases (including delivery charges) totalling up to a maximum of GBP £5.00, and (ii) Visa, Visa Debit, Visa Delta, Visa Electron, Visa Connect, MasterCard, JCB, Maestro, American Express and Solo cards and PayPal payments for purchases (including delivery charges) totalling GBP £5.01 or more. Prices appear on the Store Area and are inclusive of VAT unless otherwise stated. We may change the prices for products at any time by posting new prices in the Store Area.
By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to your payment details being taken. There are no delivery charges for digital content. The purchase will appear on your credit card or bank statement as Digital Stores or WorldPay depending on the service provider for this Store Area.
It is always possible that, despite our best efforts, some of the items listed on our Store Area may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Store Area, we will usually, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical products or at the time of your purchase or soon afterwards in respect of digital content.
EMI may use a third party service provider to process payments, but will ensure that any payment processor engaged by EMI will use Secure Sockets Layer (SSL) Security to encrypt credit or debit card data.
9.8.3 Making an Order and Payment for Mobile Products and Services
This Store Area may allow you to purchase Content such as ringtones, realtones and wallpapers using your mobile phone, by either:
- texting the relevant product code of your chosen product to the number advised from time to time; or
- texting a keyword which will transfer you to the artist’s WAP site where you can browse and select products for purchase.
Follow the onscreen instructions on the Store Area to use these Services.
Your order represents an offer to us to purchase an item which is accepted by us only when we send you an SMS confirming your order. You will receive an order confirmation by SMS once your order has been accepted. We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will immediately provide you with a refund.
This is not a subscription service.
You may purchase Content for your personal and non-commercial use only. We may withdraw Content and products from the Store Area at any time.
Please check your handset and network compatibility before ordering as refunds cannot be offered where an order has been placed for a non-compatible phone. Handset compatibility lists will be available on the relevant Store Area page applicable to the relevant product or service.
Please ensure your handset is WAP compatible and that your WAP service is activated. To activate your WAP service please contact your mobile operator.
There may be limits on the volume of content that can be stored on your mobile at any one time. For further information, please refer to the manufacturer of your handset.
This Service is available in the UK only.
Please ensure that you have the bill payer's permission before placing your order.
Charges for ringtones, realtones and wallpapers may be made by reverse text and will be deducted from your available credit if you are a pre-pay customer or will otherwise appear on your mobile phone bill. The charge for the Content is made, not when you text your order, but when we deliver the Content.
The text you send in and any download charges made by your network operator will be at your normal operator rate.
9.8.4 Cancellation, Delivery and Usage Rules
Digital Content
Cancellation
We are not able to cancel your purchase once we begin the process of delivering your order e.g. supplying your download or starting the streaming process.
Delivery
Each download item made available or purchased can be accessed via the relevant area of the Store Area using your log in details and/or following the onscreen instructions. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorised by following the instructions provided on screen or via email.
Usage Rules
You may purchase downloads or stream digital content (as applicable) for your personal and non-commercial use only. In the event you experience any problems in downloading the relevant download item we will allow you to subsequently attempt to download the relevant download item. In the event you experience any problems when downloading, please contact customer.services@digitalstores.co.uk.
Please note that we may withdraw products from the Store Area at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products. DRM software may be used from time to time to prevent any unlawful use.
Physical Products
Cancellation
You may cancel your purchase at any time within 14 days for any reason, beginning on the day after you receive the product(s). In this case, you will receive a credit voucher of the price paid for the product(s) in accordance with our refunds policy set out in Section 9.8.5 below. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering your digital product order, we will refund the relevant physical element of the order in accordance with our cancellation policy as set out in this Section 9.8.4.
To cancel, you must inform us in writing. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.
Further details of this 14 day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the Dispatch Confirmation for physical goods. Details of our Refunds Policy can also be found at Section 9.8.5.
This right to cancel does not apply:
- where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
- where the product has been made to your specification;
- to digital content (see section above); or
- where the product, by reason of its nature, cannot be returned.
Your statutory rights are unaffected by the list above.
Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
Risk and Title
Products purchased will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
Mobile Products/Services
Cancellation
We are not able to cancel your purchase once we begin the process of delivering your order.
Delivery
If your order is accepted you will be sent a link via SMS - click on the link to download your chosen product to your mobile handset. Please allow up to 24 hours for delivery of the link to your mobile handset.
Usage Rules
You may store one copy of purchased Content on your mobile. You may not copy, modify or forward any purchased Content.
9.8.5 Refunds Policy
If you cancel your purchase of physical products within the 14-day cooling-off period detailed in Section 9.8.4 Physical Products above, we will process the refund credit voucher due to you as soon as possible and, in any event, within 30 days of the day you gave notice of your cancellation. In this case, we will refund a credit voucher at the price of the product in full, including the cost of delivering the item to you, provided that you have taken reasonable care of it and the item has been returned unopened and in its original packaging. However, you will be responsible for the cost of returning the item to us. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering the digital part of your product order, we will refund credit for the relevant element of the order in accordance with our cancellation policy (as set out in Sections 9.8.4 Physical Products and 9.8.4 Mobile Products/Services as applicable) for that particular product.
If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on our part, we will examine the returned product and will notify you of your refund voucher or otherwise via email within a reasonable period of time.
In the event that we have to cancel your order after payment has been taken, as outlined in Section 9.8.2 above, we will notify you of our need to cancel your order and supply you with a refund voucher as soon as possible.
We will usually process any refund voucher due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded as a credit voucher in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually make any refund using the same method originally used by you to pay for your purchase.
9.8.6 Technical Problems
Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your sole remedy will be either a replacement product or a refund, as determined by EMI or the relevant third party supplier as appropriate. Your statutory rights are not affected.
We will not be liable to you for failures, defects or delays in delivery caused by:
- your provision of incorrect information;
- your computer failing to meet the minimum technical requirements for the Services;
- your failure to comply with instructions for use of the Services; or
- an event which is outside of our reasonable control,
and in addition, in relation to mobile services only:
- your mobile handset being incompatible with the Services;
- your mailbox being full and unable to receive Content;
- your handset having limited signal;
- your failure to comply with instructions for use of the Services; or
- an event which is outside of our reasonable control (including, but not limited to, any technical problems arising from the provision of services by a third party whose services you elect to access).
9.8.7 Import duty
Products ordered from our Store Area for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
9.9 Games
We may from time to time provide access via the Store Area to games, applications, and other such features (the “Games”) that may be accessed by you subject, in addition to the Terms, to the following specific provisions:
- Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible via the Store Area (collectively the “Materials”) are the property of EMI, or its suppliers, and are protected by UK and international copyright, trade mark and other relevant intellectual property and proprietary rights laws.
- You may access and use the Games and the Materials only for your personal and non-commercial use and, if applicable, in accordance with the terms of the end user licence agreement that accompanies or is included with the Games and which is incorporated into these Terms by reference.
- Except as expressly authorised by us in writing, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Games or the Materials for any other purpose.
- You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EMI without first obtaining our express written consent.
- You may not use any meta tags or any other “hidden text” using our name or trademarks without our express written consent. Any unauthorised use terminates immediately the permission or licence granted by us.
- You agree that EMI in its sole discretion may terminate, modify, delete or suspend your access to the Games, or any part thereof, with or without notice to you. In the event of termination for any breach of these Terms, all unused credit if applicable, and/or other aspects of your Games account will be forfeited.
- Your use of the Games is subject to other EMI policies and rules posted on the Store Area, including the Privacy Policy. We reserve the right to make changes to the Games, the policies, the rules, and these terms at any time.
When you access the Games you are communicating with us electronically. You hereby consent to receive such electronic communications.
The Games are provided on an “as is” and “as available” basis. EMI makes no representations or warranties of any kind, express or implied, as to the operation of the Games or the information, content, materials or products included on or accessed /downloadable from the Store Area. You expressly agree that your use of the Games is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such information, content, material or products. EMI does not warrant that the Games, its servers, or any electronic communications sent to you are free of viruses or other harmful components.
9.10 Termination
We may, in our sole discretion, terminate your password, account (or any part thereof, if any) or use of this Store Area without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Services or the Content or the Software is unsuitable.
Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.
Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Store Area).
9.11 Liability
We warrant to you that any goods purchased from us through our Store Area are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
In relation to our supply of products via this Store Area (including both digital and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses 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.
EMI shall not be liable for any damages of any kind arising from the use of the Games, including but not limited to direct, indirect, incidental, and consequential loss, including lost profits, goodwill, or any other intangible loss, even if EMI has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you and instead EMI will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental, and consequential loss, even if EMI has been advised of the possibility of such loss.
You agree to indemnify EMI, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, or arising out of or related to your breach of these Terms, misuse of the Games, or your violation of any applicable law, rule, regulation or third party right.
This Section does not in any way limit or exclude our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.12 Transfer of Rights and Obligations
The contract between you and us created by these Terms (the “Contract”) is binding on you and us and on our respective successors and assigns.
You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for our obligations under the Contract where applicable.
9.13 Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such 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 find a solution by means of which our obligations may be performed despite such event.
9.14 General
These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms between you and us.
The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
These Terms shall be binding on and endure for the benefit of each party’s successors in title.
9.15 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these Terms.
If you order products from our Store Area for delivery outside the UK they may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
9.16 Communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Store Area, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Store Area. 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. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English. This does not affect your statutory rights.
All notices given by you to us must be given to us at the address set out in Section 9.1 or email address customer.services@digitalstores.co.uk. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Store Area, or by posting the notice on the Store Area. Notice will be deemed received immediately when posted on our Store Area, 24 hours after an email is sent, or 3 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 email that the email was sent to the specified email address of the addressee.
If you have any queries about these Terms, this Store Area or any of our Services please contact: customer.services@digitalstores.co.uk.