Terms & Conditions
Terms and Conditions of Sale:
DEFINITIONS
‘us’, ‘we’, ‘our’ – means Retrocave
‘Royal Mail’ – means Royal Mail Group Limited.
‘United Kingdom’ – means England, Scotland, Wales, Northern Ireland, and also included the Isle of Man and the Channel Islands.
‘Terms and Conditions of Sale: UK’ – means these terms and conditions of sale that shall apply to all orders placed for delivery within the United Kingdom.
‘Website’ – means the website at retro-cave.com.
‘Website Terms’ – means jointly (i) the Terms and Conditions of Use, and (ii) the Terms and Conditions of Sale: UK.
‘you’ and ‘your’ – means a user of the Website.
PLACING AN ORDER
To place an order, you must supply us with some compulsory personal information. You warrant that the personal information which you are required to provide is true, accurate, current, and complete in all respects. You agree not to impersonate any other person or entity or use a false name or a name that you are not authorised to use. We shall use your personal information in accordance with our Privacy Notice: UK.
You must be at least eighteen (18) years old to order goods on the Website and by placing an order you therefore warrant that you are at least eighteen (18) years old.
PRICES
The prices for the goods you order are clearly displayed on the Website and are in GBP Sterling.
All prices are expressed inclusive of any VAT that is payable at the relevant prevailing rate in the United Kingdom.
If delivery charges are applicable on the goods that you order, you will be informed before your order is accepted.
Prices and offers may vary from time to time and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion and at any time.
The prices for goods on the Website may differ to the prices for the same goods in any Store or on other websites where we offer the goods for sale.
PRICING ERRORS
Every effort is made to ensure that the prices shown on the Website are correct. In the unlikely event that an error is made in the price displayed, we will not be obliged to supply the goods to you at the incorrect price. In these circumstances, we will cancel the order and advise you via email that the order has been cancelled.
For the avoidance of doubt, if the pricing error is obvious and unmistakable and could easily have been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect price.
PRE-ORDER PRICING
Where goods are offered for sale on the Website prior to general release, the price shown for those goods is subject to change.
If we reduce the price, we will charge you the lower price. If we increase the price, we will charge you the price that was listed on the Website when you placed the order.
In the unlikely event that an error is made in the price shown on the Website, we will not be obliged to supply the goods to you at the incorrectly stated price. In these circumstances, we shall cancel the order and advise you via email that the order had been cancelled.
If you have already paid for a new release which we subsequently reduce in price before the release date, we shall refund you the difference between the original price and the new lower price to the original method of payment.
PAYMENT
Payment for goods and any applicable delivery charges can be made using the following methods of payment; Visa, Mastercard, Maestro, American Express, Google Pay & PayPal.
Timing
With respect to all payments made, payment is processed by us at the point the order is confirmed by you.
PROMOTIONAL DISCOUNT CODES
We may on occasion offer promotional discount codes which will entitle the holder to a discount. Valid discount codes can only be used at the time of purchase and cannot be used retrospectively.
Discount codes can only be used on the Website and will be subject to the terms and conditions supplied with the discount codes.
PLACING AN ORDER
Once you have followed the ordering process on the Website and clicked ‘make payment’ you will have placed an order with us. You will receive an ‘order confirmation’ email detailing the goods you have ordered. Please note that this does not mean that your order has been accepted.
ACCEPTANCE OF YOUR ORDER
Completion of the online checkout process does not constitute acceptance by us of your offer to purchase goods. Acceptance only occurs when we confirm your order is being dispatched. Your order is an offer to buy goods from us. Until we confirm dispatch, nothing we say or do (including receiving payment) constitutes acceptance of that offer.
We reserve the right to cancel any order at our discretion and for any reason, even after a contract has been formed. If payment has already been taken, we will issue a full refund using the original payment method.
If a product has a maximum purchase limit per customer, we reserve the right to cancel orders that exceed these limits. If multiple accounts are created to bypass these restrictions, we may cancel all related orders.
CONTRACT CREATION AND CANCELLATION
A contract between you and us is formed only when you receive an ‘order dispatch’ email confirming that the goods have been dispatched. Until then, we are under no obligation to supply the goods.
If your order is dispatched in multiple packages, you will receive a separate dispatch confirmation for each. Each dispatch will constitute a separate contract of sale between you and us.
We reserve the right to cancel any order or contract at our discretion and for any reason, even after dispatch confirmation. In such cases, we will issue a full refund via the original payment method.
AVAILABILITY
If we are unable to supply you with the goods you have ordered for whatever reason, we will not process your order and will inform you of this via email. If you have already paid for the goods, we will refund you as soon as reasonably possible by way of refund to the original method of payment, including refund of any relevant refundable delivery cost charges. Our only liability to you in such cases will be the refund of any and all monies you have paid for the goods we cannot supply.
DELIVERY AND COLLECTION
We shall arrange delivery of the goods to the delivery address in the United Kingdom that you nominate when you place the order. Goods may be dispatched and arrive separately, with no additional postage charges incurred by you.
In the case of orders to be delivered to a nominated delivery address, delivery shall be made as soon as possible after your order is processed, but in any event, within fourteen (14) days of us sending you an ‘order dispatch’ email.
Royal Mail Missing Goods: Where the goods have not been received at the nominated delivery address, specified Royal Mail ‘Safeplace’, or with a neighbour under the Royal Mail’s Delivery to Neighbour scheme following a period of fourteen (14) days since the ‘order dispatch’ email has been sent by us and your account on the Website shows that the goods have been dispatched, you must contact Royal Mail to ensure that the goods are not waiting at a sorting office for collection. If Royal Mail cannot locate the goods, you must promptly contact us to advise us of non-delivery and in any event, you must contact us no later than sixty (60) days from the date the ‘order dispatch’ email was sent, and your account was updated to show that the goods had been dispatched. We shall not be obliged to investigate any claims or process any refunds for non-delivery of goods reported to us after this timeframe.
RISK
Risk of loss and damage of the goods passes to you on the date and time when the goods are delivered to the nominated delivery address.
DELAY
Where the supply of goods is delayed or prevented for reasons beyond our control, we will be under no liability to you for such delay.
ORDER CANCELLATION
You may cancel your order at any time before it is processed by contacting us via our contact us page. If the goods have not yet been dispatched and we have sufficient time to prevent dispatch, we will not process payment or dispatch the goods. If you cancel your order after dispatch, or if it’s too late for us to prevent dispatch, you can refuse delivery, and the goods will be returned to us. Provided the goods remain unopened and undamaged, we will refund the amount paid to the original payment method.
You are entitled to cancel your order (or part of it) under the Consumer Rights Directive 2011/83/EC, as long as you notify us no later than fourteen (14) days after receiving the goods.
To cancel your order (or part of it), please contact us via our contact us page, stating your intention to cancel and providing the order details (or part of the order) and your name and address. You must return the goods to us at your own cost within fourteen (14) days of notifying us of your cancellation.
The goods should be returned to: Retrocave, 498 Ashley Road, Poole, Dorset BH140AD, United Kingdom. If you do not return the goods within this period, you will be deemed to have accepted the goods.
CONDITION OF RETURNED GOODS
You must take reasonable care of the goods whilst they are in your possession and such goods must be unused and returned in the original packaging and in the same condition as they were when received by you. Any security seals must be unbroken and any activation codes that came with the goods must be intact and unused.
media: (e.g., CDs, vinyl, DVDs, Blu-ray, and computer games): Packaging, including shrink-wrap, must be intact. Security seals must be unbroken, and any activation codes must be unused.
merchandise: (e.g., pop vinyl, toys, mugs, and bags): Goods may be examined as in a shop, but must not be used. If encased in blister packs or sealed packaging, goods must be returned unopened.
clothing: Clothing can be worn only long enough to assess suitability, as you would in a shop. It must be returned clean, folded, and with labels intact.
technology and games consoles: Goods can be examined but must not be used. Do not install, set up, input data, or connect to power sources. If encased in blister packs or sealed packaging, return them unopened. Where packaging can be opened without breaking seals, care must be taken to avoid damage. Any security seals must remain unbroken, and activation codes must be unused. Packaging should only be opened as necessary, and goods must be repackaged in the same condition as received.
FAULTY AND DAMAGED GOODS
If you receive goods from us that are damaged upon delivery or have a manufacturer's fault, please contact us via our Contact Us page and include full details of the order, the damage or fault, and your name and address.
If we ask you to return the goods, we shall request you do this via email.
Please do not return the goods unless you have been requested by us to do so.
REFUNDS
Once the goods are returned to us, we shall refund to you, by the method that you used to pay for the original transaction, the amount in relation to the goods with which the cancellation rights apply within fourteen (14) days from the date we receive the goods at our warehouse. If you choose to return all the items in your order, this includes refunding the cost of delivery if you had paid any monies with regards to our least expensive standard delivery only. If you paid any delivery charges outside of our least expensive standard method of delivery, we shall not refund these costs. If you are not returning all the items in your order, the initial delivery cost will not be returned to you. We may make a deduction from the refund for loss in value of any goods returned if the loss is the result of unnecessary handling by you.
WARRANTY
All goods purchased through the Website will correspond with their description, and be of satisfactory quality and fit for personal, non-commercial use. We do not make any additional warranties.
This warranty does not cover defects caused by (i) fair wear and tear, (ii) wilful damage, improper storage, accidents, negligence by you or a third party, or (iii) if you fail to use the goods as intended or not following user instructions.
MANUFACTURER’S GUARANTEE
Some goods may include a manufacturer’s guarantee. Please refer to the guarantee provided with the product for full terms and conditions. This guarantee is in addition to, and does not affect, your statutory rights.
PASSWORD/ACCOUNT SECURITY
You are responsible for keeping your account details and password secure. Any activity under your account is your responsibility. We shall not be liable for any loss or damage resulting from your failure to protect your account information.
LIABILITY
Save in the case of death or personal injury due to our negligence or where we have acted fraudulently, our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).
We accept no responsibility for any loss or damage caused by us (or our employees, agents or subcontractors) where such loss is: (i) not a foreseeable result to both you and us (as at the time that you submit your order) of a breach of the relevant legal duty by us; (ii) related to a business; or, (iii) related to loss or damage to premises or property unless caused by our negligence or wilful misconduct.
The above limitations on our liability do not affect your non-excludable statutory rights as a consumer.
You are responsible for the use of the goods that you obtain from us. We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the goods in countries outside the United Kingdom.
Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.
FORCE MAJEURE
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.
INVALIDITY/SEVERANCE
If any part of these Website Terms is deemed unlawful, void or for any reason unenforceable (including any provision in which we exclude any liability to you) then that provision shall be deemed to be severable from the Website Terms and shall not affect the validity and enforceability of any other part of the Website Terms.
WAIVER
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
OTHER LEGAL NOTICES
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.
COMPLAINTS
We operate a complaint handling procedure which is used to resolve disputes when they first arise. If you have a complaint, in the first instance please contact us via our Contact Us page, or alternatively, write to us at : Customer Service, Retrocave, 498 Ashley Road, Poole, Dorset BH140AD , United Kingdom.
GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any dispute between us. By accessing this Website, you agree to submit to English law. All contracts and correspondence shall be concluded in English.
ENTIRE AGREEMENT
These Website Terms set out the entire agreement between you and us and supersedes any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
You confirm that, in agreeing to accept the Website Terms you have not relied on any representation save insofar as the same has expressly been made a term of these Website Terms and you agree that you have no remedy in respect of any representation.
These Website Terms do not affect your statutory rights as a consumer within the United Kingdom.
UPDATES TO THE WEBSITE TERMS
We reserve the right to change the Website Terms at any time. Any such change shall take effect when posted on the Website and it is your responsibility to read the Website Terms on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website Terms. If you do not agree to the Website Terms in their entirety you should not use the Website.
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Terms and Conditions of Use
DEFINITIONS
‘Content’ – means all software, photographs, video clips, graphics, sound, audio recordings and all other content shown on the Website.
‘us’, ‘we’, ‘our’ – means Retrocave.
‘Territories’ – (i) The United Kingdom (England, Scotland, Wales, Northern Ireland, and also includes the Isle of Man and the Channel Islands), and (ii) The Republic of Ireland.
‘Website’ – means the website at retro-cave.com.
‘Website Terms’ – means (i) the Terms and Conditions of Use, and (ii) the Terms and Conditions of Sale.
‘you’ and ‘your’ – means a user of the Website.
USE OF THE WEBSITE
This Website is provided to you free of charge, and this Website and the services provided and goods available to order through it are for your personal, non-commercial use. You may only use the Content to the extent necessary to allow you to use the Website and the services provided in accordance with the Website Terms. You shall not use the Content and/or Website for any illegal or immoral purpose, or otherwise frame, link, or deep link this Website to any other website without our prior written consent.
You agree that you will not (i) use the Website for the posting or transmitting of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically, homophobic or otherwise objectionable material of any kind; (ii) upload files that contain viruses, trojan horses, worms, cancelbots, social engineering, corrupted files or other such similarly destructive features; (iii) in any other way damage, disable, or impair the operation of this Website or attempt to gain unauthorised access to the Website or to networks connected to it, through hacking, spoofing or other such similar means or (iv) use bots, spiders, or other automated methods to access the Website, scrape content, or interfere with the Website's normal operation.
We do not guarantee that the Website, or any Content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
USE OF THE WEBSITE FROM OUTSIDE THE TERRITORIES
The Content on this Website is displayed solely for the purposes of promoting Retrocave products and services within the Territories. Those who choose to access the Website from places outside the Territories are responsible for compliance with local laws if and to the extent that local laws are applicable.
PARENTAL RESPONSIBILITY
Parents and guardians should note that some of the audio recordings, videos, images, or text contained on the Website may not be suitable for children and it is the parent or guardian’s responsibility to supervise the use of the Website.
MATERIAL ON THE WEBSITE
All Content contained on the Website is the property of Retrocave, its affiliates and/or licensors. The Content may not be used except as provided for in these Website Terms, without the written permission of Retrocave, its affiliates, or such third-party licensors.
Where Content published on the Website is supplied by third parties, Retrocave do not purport to endorse such Content in any way. All Content which is offered by third parties, is published in good faith but we do not (to the extent permitted by any applicable law) accept any responsibility for the accuracy, reliability, timelines, or otherwise of such Content (whether published on or offline) or for the use of such Content.
All sound and audio recordings on the Website are subject to copyright and you may not copy, reproduce, download, modify or in any other way, electronically or otherwise, commercially exploit any, including any part of, the sound and audio recordings on the Website. Such recordings are provided on the Website for informational purposes only.
INTELLECTUAL PROPERTY
The Content of the Website is protected by copyright, database right, trade mark law and other international intellectual property rights. The owner of these rights is Retrocave, its affiliates, or other third-party licensors. You acquire no rights or licences in or to the Website or any of its Content, other than the limited right to use the Website in accordance with these Website Terms or in order to use services available on the Website.
All product and company names and logos mentioned on the Website are the trademarks or trading names of their respective owners, including Retrocave.
You may not modify, copy, reproduce, republish, disassemble, decompile, reverse engineer, create derivative works from, interfere with, display, circulate, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website, including but not limited to text, graphics, video, messages, code and/or software without the prior written consent of Retrocave, except where expressly invited to do so on the Website, for example, in order to complete any test or questionnaire.
CONTENT COMPLAINTS PROCEDURE
If you believe that any content on this Website infringes your copyright, please email retrocaveuk@hotmail.com with details of the alleged infringement.
OWNERSHIP OF SUBMISSIONS
Other than personal data (which is subject to our Privacy Notices) all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted to Retrocave on or through the Website shall become and remain the property of Retrocave once submitted.
EXCLUSIONS OF LIABILITY
We exclude all representations, warranties, conditions, and terms (whether expressed or implied by statute, common law or otherwise) to the fullest extent permitted by law. We will accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
WARRANTY AND LIABILITY
This Website, its Content, and any software products and services offered through it are provided on an "as is" and "as available" basis. We will carry out our responsibilities in hosting the Website and its Content with reasonable skill and care, but we do not guarantee that it will be fault free or meet your requirements.
Save in respect of death or personal injury resulting from our negligence or fraud, neither Retrocave nor any of its employees or other representatives will be liable for loss or damage (whether direct or indirect) howsoever arising out of or in connection with your use of the Website. We do not accept liability for any losses or claims arising from any inability to access the Website or any failure to complete a transaction.
DAMAGE TO YOUR COMPUTER OR OTHER DEVICE
We use industry standard protections and reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any Content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the appropriate equipment (including antivirus software) to use the Website safely and to prevent, detect and remove computer threats that may damage or harm your computer or other device.
Except where required by applicable law, we shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
LINKS TO OTHER WEBSITES
Where we have placed links on the Website to third-party websites that are not under our control , we do not have any influence over their content and cannot accept any responsibility for the content or privacy notices or privacy policies of these websites.
ACCURACY OF INFORMATION
Whilst we make reasonable efforts to include accurate and up-to-date content on the Website, to the fullest extent permitted by law, we exclude all warranties, whether express or implied, or representations as to its accuracy, suitability, timeliness, or completeness.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through it.
APPLICABLE LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with the laws of England and Wales.
UPDATES TO THE WEBSITE TERMS
We reserve the right to change the Website Terms at any time. Any such change shall take effect when posted on the Website and it is your responsibility to read the Website Terms on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website Terms. If you do not agree to the Website Terms in their entirety you should not use the Website.