These are the terms and conditions (as defined below) of Custom Vinyls, a trade name of Cybermedia d.o.o. having its registered office in Belgrade, Sremskog fronta 25 (Serbian Chamber of Commerce registered number 20033568 ), that apply to the use of the Service as defined below.
Article 1 – Definitions
- In these Terms and Conditions of Sale the following definitions are used with a capital letter, in single as well as plural. These definitions are:
Agreement: The agreement regarding the delivery of the Service between Custom Vinyls and Buyer. The Agreement consists at least of these Terms and Conditions of Sale; Buyer: The natural or legal person with whom Custom Vinyls closes an Agreement; Content: All information, data or files that Buyer makes available to Custom Vinyls in the context of the Service, including – but not limited to – text, imagery and sound clips; Intellectual Property Rights: All rights of intellectual property and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as rights on knowhow; Music Tracks: The music collection on the Website, from which Buyer can select a number of tracks, and for which music Custom Vinyls has received a license to use the music in the context of the Service; Ordering Process: The (digital) process on the Website where Buyer is able to select the Music Tracks they desire and to upload Content for the record cover; Privacy Statement: The privacy statement of Custom Vinyls; Product: The record created (manually) by Custom Vinyls for Buyer as a result of the Service in the context of the Agreement; Service: The service that Custom Vinyls offers, consisting of putting Music Tracks selected by Buyer on vinyl and printing a record cover with Content chosen and made available by Buyer. The Service can be bought on the Website of Custom Vinyls; Terms and Conditions: These Terms and Conditions; Website: The website of Cstom Vinyls, available via the website www.customvinyls.net
Article 2 – Execution of the Agreement
- Custom Vinyls shall commit to executing the Agreement as soon as possible and delivering the Product. Buyer shall accept, however, that the manual cutting of vinyl records takes a lot of time and that Custom Vinyls can only produce a limited amount of Products per day. Buyer shall therefore accept that all terms communicated to Buyer are merely estimations and not deadlines, unless explicitly agreed upon by letter.
- Custom Vinyls shall execute the Agreement to the best knowledge and ability and in agreement with the requirements of good craftsmanship.
- Custom Vinyls may enable third parties for the execution of the Service, provided that Custom Vinyls remains responsible for the execution thereof.
Article 3 – Content
- Custom Vinyls does not check and/or edit the Content and shall not be required to do so either. Buyer shall be solely and fully responsible and liable for the Content they provide.
- The use of the Product by Buyer shall be entirely at the own risk and responsibility of Buyer. Custom Vinyls shall not accept liability for the use of the Product by the Buyer.
- Notwithstanding any other provision in these Terms, Buyer shall guarantee that all Content they provide:
- does not infringe (intellectual property) rights or the personal privacy of Custom Vinyls and/or third parties;
- does not contain (sexually) intimidating, offensive, discriminating, harassing or otherwise controversial messages;
- does not (in the opinion of Custom Vinyls) conflict with good morals or good taste, is not violent, nor contains a link to pornographic material or pornographic websites, nor contains pornographic or erotic material; or
- is not unlawful or harmful to third parties or Custom Vinyls.
- Custom Vinyls shall remain the right to reject Content if this is necessary in its opinion, without this leading to any right of the Buyer to damages and/or liability of Custom Vinyls.
Article 4 – Prices and terms of payment
- The rates as used by Custom Vinyls at the moment of closing the agreement and as indicated within the Ordering Process on the Website shall always apply for the Service.
- All rates are in euros, including VAT.
- Buyer shall be obliged to complete payment of the amount due in advance. Payment shall be made in the manner as provided by Custom Vinyls.
- Custom Vinyls shall only implement the Agreement once Buyer has completed the payment. Custom Vinyls shall no sooner be held to deliver the Product.
Article 5 – Intellectual Property Rights
- By making available/uploading Content to Custom Vinyls, Buyer shall declare to possess all rights with regard to that Content and/or to have obtained the required license, and Buyer shall guarantee towards Custom Vinyls that they have the right to make the Content available and to grant the license as meant in article 5.3 to Custom Vinyls.
Article 6 – Liability
- In the context of the conclusion and/or execution of the Agreement, Custom Vinyls shall not be liable for any damage arising from (culpable) failure, tort or otherwise, except for that which has been stated in the following paragraphs of this article.
- Any liability of Vinylify for other damages than direct damages, such as for consequential damages, derivative loss, lost sales and profit and immaterial damage shall completely be excluded.
Article 7 – Warranties and Indemnities
- Custom Vinyls shall warrant to have received the required license with respect to the Music Tracks made available via its Website and to be qualified to grant the license to Buyer in accordance with article 7.2.
- Buyer shall warrant that the Content that they make available to Custom Vinyls in the context of the Service is unencumbered and that there are no Intellectual Property Rights of others on it, and that the Content does not violate nor conflict with any right of third parties and that the use thereof is not unlawful to third parties.
- Buyer shall warrant that they shall not use the Service and or the Product:
- in such a way that Intellectual Property and or privacy rights of Custom Vinyls or of third parties are violated and/or in any other unlawful way;
- in violation of applicable laws or regulations; and/or
- in violation of a provision of the Agreement.
- Buyer shall hold Custom Vinyls harmless from all claims of third parties, damage and costs that result from an/or are connected to and/or result from a violation of abovementioned warranties in articles 9.2 and 9.3 by Buyer.
Article 8 – Privacy
- During the Order Process Buyer provides Custom Vinyls with (personal) information. This (personal) information shall be processed according to the Privacy Statement of Custom Vinyls and the applicable laws and regulations.
Article 9 – Availability and interruptions of the Service
- Custom Vinyls shall always, without prior publication and without becoming liable or owing damages to Buyer, be entitled to make changes and/or improvements with regard to the Service and/or Website, to (temporarily) stop offering the Service and/or the Website and/ or to limit the use thereof if deemed necessary by Vinylify.
- Custom Vinyls shall not warrant that the Service and (all parts of) the Website shall be available at all time and without interruptions or malfunctions. Custom Vinyls shall in no way be liable or owe damages to Buyer for any damage resulting from the (temporary) unavailability or malfunctioning of (parts of) the Service and/or the Website.
Article 10 – Gift Shop
- You have 14 days to return an item from the date you received it.
- To be eligible for a return, your item must be unused and in the same condition that you received it.
- Your item must be in the original packaging.
- Your item needs to include the receipt of purchase.
- Once we receive your item, we will inspect it and notify you that we have received your returned item.
- If your return is approved, we will initiate a refund via your original payment method. You will receive the credit within 7 days, depending on your card issuer’s policy.
- You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
- Article 10.1, 10.2 and 10.3 do not apply to the main Vinylify service and product. Due to the custom nature of the product, once the service commences the buyer is no longer entitled to a refund.