Music Go Round Ltd – Terms and Conditions
Music Go Round Ltd complies with the following requirements and conditions for the Sale of Goods and Services
BUSINESS TO CONSUMER – THE SALE OF GOODS AND SERVICES THROUGH A WEBSITE
This factsheet only covers transactions where the Trader is a business, and the buyer is a Consumer.
A Consumer means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
The website has become a crucial method of communication for businesses today. Therefore, it is not surprising that many companies are using the internet as a medium for selling goods. As with any other type of business medium, it is important to have terms and conditions in place.
The relevant terms must be set out in writing as an online contract will be as enforceable as any other type of contract (See our online terms and conditions for a specimen agreement). The specimen agreement contains general terms and conditions which may be included in these types of agreements. However, it may not be appropriate for all businesses. To reduce the risk of legal challenge, it is important to ensure that your agreement is specifically drafted and regularly reviewed.
If you sell goods to Consumers through a website (a Consumer is generally defined as an individual who, in his dealings with a Trader, is not acting for the purposes of a business), it is important to be aware of the following legislation:
1. The Consumer Rights Act 2015
Amongst other things, the Act states that goods that are sold must be as described, fit for purpose and of satisfactory quality.
If Consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly (initially within 30 days). Alternatively, either within the initial 30 days or subsequently, they can request a repair or replacement, and if this is not successful, they get a further opportunity to reject or claim compensation.
When selling goods and/or services to Consumers, the Act cannot be excluded.
See our factsheet on Business to consumer – Sale of goods law for further information about this.
In addition, the Act revokes and replaces the Unfair Terms in Consumer Contracts Regulations 1999. The Act protects Consumers against contract terms and notices that give traders an unfair advantage. It consolidates and simplifies existing law on unfair terms in consumer contracts.
The Act enables regulatory bodies (including The Consumers’ Association, “Which?”) to police and take action against traders that use terms in consumer contracts that are potentially unfair. This is a shift in policy from previous legislation, where it was up to the consumer to question the fairness of a provision in a trader’s T&Cs.
What is an unfair term?
A term in a Consumer contract or notice is unfair if it creates a significant imbalance in the rights of the parties, to the detriment of the Consumer, and is contrary to a requirement of good faith. This test applies to all terms except those setting the price or describing the main subject matter of the contract. However, all written terms must be transparent and in plain and intelligible language, to ensure that Consumers can make an informed choice about whether or not to enter the contract. The Act makes certain terms automatically unfair (the “black list”) and provides a number of examples of terms that might be unfair (the “grey list”). The Competition and Markets Authority has produced the following guidance:
Consequences of using unfair terms
Using unfair contractual terms or notices can have a number of consequences for the Trader, and importantly, they will not be binding on a Consumer. The Competition and Markets Authority (CMA), Trading Standards and other regulatory bodies might apply for an injunction to prevent a Trader from using a term in their T&Cs, even if no complaint has been received. Alternatively, a regulatory body might request an undertaking from the trader that the term will no longer be used. This poses a reputational risk for traders, as, in both instances, the CMA will publish details of any application for an injunction or undertaking that is accepted.
2. Alternative dispute resolution and online dispute resolution requirements
Every now and again as a trader you’ll find yourself in a position where you receive a complaint from a customer. The first step is to try to resolve the matter with the consumer directly.
If you trade online with consumers you also need to consider the following:
- Where a dispute cannot be settled directly, the trader should provide the consumer, on paper or another durable medium, with the information on relevant ADR entities and specify if he/she will make use of them
- provide consumers with an accessible electronic link to the ODR Platform on your website, the link: http://ec.europa.eu/consumers/odr/;
- include your email address on your website;
- provide a link to the ODR Platform in any emails regarding offers in relation to consumer sales or service contracts;
- provide relevant information, where applicable, in your general terms and conditions applicable to the website operator’s online sales and service contracts.
For those committed to an ADR (Alternative Dispute Resolution) scheme through their governing bodies, by law or through a contractual obligation for example those in the financial, communications or energy sectors, this will be in addition to giving details, on your website, of the certified ADR provider serving your sector.
Further information can be found in our factsheet on Alternative Dispute Resolution (ADR) and Online dispute resolution (ODR) Platform.
3. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
The Regulations give protection to consumers who shop by phone, mail order, via the Internet or digital TV. The protection includes:
- The right to receive clear information about the goods/services (including information about the main characteristics of the goods/services, the identity of the trader (including address/telephone number etc.), total price of the goods/services (including taxes/charges), delivery charges and the arrangements for payment, delivery and performance of the contract) before deciding to buy.
- Confirmation of this information in writing.
- A cooling off period of 14 calendar days in which the consumer can withdraw from the contract.
See our factsheet on Business to consumer – Distance and doorstep selling for further information.
4. The Data Protection Act 2018
The purpose of the Act is to protect the rights of the individual about whom data is obtained, stored, processed or supplied rather than those of the people or organisations who control and use personal data. The Act applies to both computerised and paper records depending on the type of filing system.
If you wish to pass on individuals’ details to other organisations or wish to contact them about promotions in the future, you must obtain their consent to this. Provisions of this kind may be acceptable where there is a free choice to agree to them or not, for instance, via an option separate from the rest of the contract. But note that fairness is much more likely if Consumers have positively to “opt in”. A chance to “opt out” in small print may be missed or misunderstood. In any case, the chances of fairness will be increased if the significance of the choice is indicated and drawn to the Consumer’s attention.
5. The Electronic Commerce Regulations 2002
These Regulations state that when selling online, information must be given in a clear and unambiguous manner about the technical steps to complete a contract, prices must be clearly stated, details must be given about the supplier (in particular, the name and address (and registered office address if this is different) e-mail address, the company’s registration number, any Trade or Professional Association memberships and the company’s VAT number) the fact that any orders must be acknowledged without undue delay and there must be available to the user of the site the ability to identify and correct any errors prior to the placing of their order.
6. The Electronic Signatures Regulations 2002
These Regulations apply to any contract and not just those entered into with Consumers. The main effect of the Regulations is to make electronic signatures legally valid. Signatures are not actually necessary for the conclusion of every contract, but they can have three essential functions when considering online contracts:
- To identify the person who has bought the product.
- To indicate a personal involvement, or trustworthiness.
- To indicate an intention to be bound to the contract.
The method of collecting the electronic signature will vary, depending upon the goods being sold. Generally, the purpose of having an electronic signature is the third function listed above – indicating that the purchaser is making an offer to contract.
7. Excluding liability
It is not advisable to exclude liability when dealing with Consumers. You are never able to exclude liability for faulty goods or death and personal injury. If a Consumer makes a mistake when entering details online, s/he should be given a reasonable opportunity to correct the error before they place their order. If you fail to do so, Consumers will be entitled to rescind the contract (unless a court orders otherwise).
Most business guidance on consumer law is the responsibility of the Chartered Trading Standards Institute (CTSI): http://www.tradingstandards.uk. The CTSI, for example, took over the hubs developed by the Office of Fair Trading on the law around sales of goods and distance selling. The Competition and Markets Authority may issue specific guidance for businesses where it has conducted a market study or other in-depth analysis of business practices in a particular sector, or in relation to the application of unfair contract terms legislation, where it retains a lead role. Contact details are:
Competition and Markets Authority
37 Southampton Row
London WC1B 4AD
Email: [email protected]
General enquiries: 020 3738 6000
We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you.
This privacy notice covers the following:
- WHO WE ARE AND IMPORTANT INFORMATION
- THE PERSONAL DATA WE COLLECT ABOUT YOU
- HOW WE COLLECT YOUR PERSONAL DATA
- HOW WE USE YOUR PERSONAL DATA
- WHO WE SHARE YOUR PERSONAL DATA WITH
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHTS
- CHANGES TO THIS NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
- QUERIES, REQUESTS OR CONCERNS
1. WHO WE ARE AND IMPORTANT INFORMATION
What is the purpose of this privacy notice?
This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter or purchase one of our products.
This website is not intended for children and we do not knowingly collect data relating to children.
You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the any other notices and is not intended to override them.
Music Go Round Ltd is the controller and responsible for your personal data (collectively referred to as Music Go Round, “we”, “us” or “our” in this privacy notice). Our contact details are
Registered address 22 St. John Street, Newport Pagnell, Buckinghamshire MK16 8HJ
For all data matters contact our data controller is Rebecca Geddes contact number 01234 240556 email [email protected]
Third-party links outside of our control
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE PERSONAL DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.
We may collect, use, store and transfer different kinds of personal data about you which may include:
Your name, address, phone number, e-mail address, I.P. address, social media identities, services and products of interest to you, communication preferences, survey responses, bank or other financial details details for purchases.
3. HOW WE COLLECT YOUR PERSONAL DATA
You may give us your identity, contact or financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you are subscribing to our mailing lists, purchasing our products or sharing our social media groups.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances
Performance of Contract this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Legitimate Interest this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
To Comply with a legal or regulatory obligation this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting our data controller Rebecca Geddes contact number 01234 240556 email [email protected]
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We will may use your personal data for any or all of the following:
To provide you with a better service.
To provide and inform you about services you have purchased
To research our product effectiveness
To communicate with you according to your preferences e.g. through email or social media channels
To process payments and postage for any purchases you make
To notify you of any changes to our services or terms and conditions
To send you information about our other products and services
To improve your online experience including using cookies which remember your login details
To monitor how users interact with our websites
For our own campaigns and advertising
For our own accounting purposes
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising and we have established the following personal data control mechanisms:
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any outside company or organisation.
You can ask us or third parties to stop sending you marketing messages at any time by using the link provided with the message
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our data controller Rebecca Geddes contact number 01234 240556 email [email protected]
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. WHO WE SHARE YOUR PERSONAL DATA WITH
We may have to share your personal data with the parties set out below for the purposes set out in paragraph 4 above.
For the purpose of running and delivering the Service, these may include but not be limited to Stripe, Mail Chimp and Facebook.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
To access the services of our third party partners noted in Clause 5 above, may involve the transfer of your data outside the EU
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
You can request details of retention periods for different aspects of your personal data by contacting our data controller Rebecca Geddes contact number 01234 240556 email [email protected]
9. YOUR LEGAL RIGHTS
Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:
- The right to request a copy of the personal data which we hold about you;
- The right to request that we correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased where it is no longer necessary to retain such data;
- The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
- The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable 9i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).
If you wish to exercise any of the rights set out above, contact our data controller Rebecca Geddes contact number 01234 240556 email [email protected]
No fee required – with some exceptions
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. CHANGES TO THIS NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This Policy was created on 3rd July 2020.
Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.
11. QUERIES, REQUESTS OR CONCERNS
To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact our data controller Rebecca Geddes contact number 01234 240556 email [email protected]
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.
What are Cookies
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Cookies can be ‘persistent’ or ‘session’ cookies.
When you access and use the Service, we may place a number of cookie files in your web browser.
We use both ‘persistent’ and ‘session’ cookies on the Service and we use different types of cookies to run the Service efficiently.
We may use essential cookies to authenticate users and to prevent fraudulent use of user accounts.
Third Party Cookies
In addition to our own cookies, we may also use Third Party cookies to report usage statistics of the Service, deliver advertisements on or through the Service, and so on.