Terms and conditions of sale
These terms and conditions ("Terms") apply to the sale of all goods online in the business to consumer sector between Rough Trade Retail LLC (d/b/a as ‘Rough Trade’) and whose principal place of business is at 64 North 9th, NYC, 11249("We/Us") and any visitors ("You") to the website www.roughtrade.com ("Site"). For all pre- and post-sale enquiries, please contact [email protected] or write to Customer Services at the above address.
All orders placed through the Site are subject to our acceptance. This means that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, we will issue you a refund. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
By placing an order for any goods with age restrictions, You declare that you are age 18 or over in order to purchase the goods.
The price, delivery charges and description of the goods are displayed on our website. Such information is subject to change without notice. The price You shall pay for the goods is the price displayed on our website at the time We receive your order, with the exception of errors (see below). The price of the goods is exclusive of any taxes that may apply to your order. You may choose to pay by any method specified on our website.
If an error is discovered in the price of the goods that you have ordered, We will inform You as soon as possible, however, we may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. In the event that You order an item and the price published on the website is incorrect for any reason, We will contact you to let You know the correct price and ask You whether You still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give You the option of confirming the order at the correct price or if You so choose, to cancel the order altogether. If You cancel and have already paid for the goods in the circumstances described in this clause, We shall refund the full amount in accordance with these Terms.
All goods are subject to availability.
If we have insufficient stock to deliver the goods ordered by you, we will inform you of this as soon as possible
We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation to the completeness or accuracy, of any of the information on the Site and no representation as to whether any information is then current.
All features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of the products; however, we cannot guarantee that your computer will accurately display such attributes. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be used only in a lawful manner. All products sold, rented, or otherwise distributed or made available through the Site are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
Delivery will be made as soon as possible after your order has been accepted. If We are unable to deliver the goods within a reasonable period of time (being no less than 30 days from our receipt of the goods in question), We will inform you as soon as possible and You will be entitled to cancel the order. We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. You shall be required to pay an additional charge for delivery, the amount of which shall vary according to the particular goods and the delivery method that you choose. The type of charge payable will appear on the Site.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in the Site. We will deliver the goods ordered by You to the address given by You for delivery at the time You place the order. If your chosen form of delivery requires that the goods are signed for and there is no-one at the address given who is competent to accept delivery of the goods, You will be notified of an alternative delivery date or a place to collect the goods.
All purchases made from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
If the goods have been fully paid for, You will become the owner of the goods when they have been delivered to You.
Right to Cancel
You may cancel an order for goods for any reason within 10 working days, beginning with the day after the day on which You received the goods.
If You cancel an order within this timeframe, You must notify us in writing at the email address given above.
When returning goods, it is your responsibility to take reasonable care to see that the goods are not damaged in transit and are received by Us at our address as displayed on the Site.
We shall provide a full refund for goods returned in accordance with these Terms and paid for by You, free of charge (subject to a deduction of the delivery charge for the initial delivery of the goods to you), as soon as possible and in any event within a period not exceeding 30 days, beginning with the day on which the notice of cancellation is given by You. Any other refund not satisfying the above conditions will be made at our discretion only. Your statutory rights are not affected.
You shall be under a duty throughout the period prior to cancellation to retain possession of the goods and to take reasonable care of them until you return them to us.
No right to cancel applies to audio or video recordings or computer software if they are unsealed by You and these goods as well as other goods that are excluded from this right to cancel are clearly marked next to the goods.
We shall not be liable to You for any failure to deliver the goods that have been ordered by You or any delay, damage or defect to the goods delivered which is caused by any event or circumstance beyond our reasonable control.
English law applies to these terms and conditions and any sale of goods to which they apply and you agree to submit to the exclusive jurisdiction of the New York County, New York State courts in the United States of America in all matters arising from these Terms.
The Site is provided by Rough Trade Retail LLC, trading as Rough Trade (“Trading Name”) (“we/us”) under company number, whose principal place of business is at 64 Noirth 9th, NYC, New York, 11249, USA.
Use of the Site
You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
By submitting or transmitting any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications to Us, other than personally identifiable information, (‘Material’) you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. All Material is and will be considered non-confidential and nonproprietary. You will indemnify Us if any third party takes action against us in relation to the Material.
You must not submit, post, or transmit any Material which is unlawful, threatening, libelous, pornographic, profane, defamatory, offensive, menacing or obscene to the Site or which in our judgment may otherwise cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related Material. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
We reserve the right to charge you to access certain information on the Site. We will inform You where a charge will be incurred by You for accessing certain services or information.
We may but are not obligated to monitor or review any Material. We will have no obligation to use, return, review, or respond to any Material. We will have no liability related to the content of any such Material, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all Material that includes any material we deem inappropriate or unacceptable. We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if You breach any of these Terms.
Dealings with Third Parties
The Site may provide, or third parties may provide, links to other web sites or resources, together with promotions of advertisers and merchants, none of which are controlled or operated by us or our respective affiliates. All such links are provided solely as a convenience. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse, make any warranties about, and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.
Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings. If you decide to access any other websites linked to or from the Site, you do so at your own risk.
Placing an Order
All purchases made on the Site are subject to our Terms and Conditions of Sale.
Intellectual Property Rights
The Site and its content (including but not limited to, animations, character design, text, software, music, lyrics, sound, photographs, graphics, video, page layouts and design) are protected by intellectual property rights, including copyright and any trade marks, as detailed in our Copyright and Trade Mark Notice, except as expressly authorized in writing by us or relevant third parties, either separately or pursuant to these Terms, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, or of any Site property received by You as part of an order, in whole or in part. Nothing contained in the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Site without our written permission or the written permission of such owner. Any copying of content on the Site made in accordance with these Terms must include the copyright or trade mark notice published with it. All rights not granted or licensed pursuant to the terms of this Agreement are hereby expressly reserved to Us.
The Trading Name and the Site are owned by us. We are not associated with Rough Trade Records Limited, Rough Trade Music Limited or Rough Trade Publishing Limited and no such connection should be inferred.
Your use of the Site is at your sole risk. Your use of the Site is nonexclusive, non-sub-licensable, and must be consistent with these terms and conditions. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC/Mac/Tablet/Smartphone does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Site. We will not be responsible for any failure of any electronic communication sent through the service to reach your intended recipient on the date specified by you.
The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or service obtained by you on the World Wide Web.
The design of the Site and all text, graphics, information, content, and other material displayed on or available through the Site are protected by copyright, trademark, and other laws and may not be used except as permitted in these terms and conditions or with prior written permission of the owner of such material. The content of the Site has been compiled from a variety of sources and is subject to change without notice. We take reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date.
We do not assume any liability, or responsibility, for any content uploaded or otherwise transmitted by You to the Site or any third party. You may not in any way reproduce or publicly, display, perform, distribute or otherwise use any of the information or materials displayed on or available from the Site for any public or commercial purpose. You may not create any derivative work of the Site or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism, including, without limitation, any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Site. Any unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. All rights reserved.
So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including (but not limited to) any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.
Limitation of Liability
So far as permitted by law, and except in respect of death or personal injury arising from our negligence or any fraudulent misstatement by Us, We exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information appearing on it).
We shall not under any circumstances be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if we or a representative of ours has been advised of the possibility of such damages.
You agree to indemnify and hold us and our shareholders, directors, officers, employees, assignees and licensees harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from the breach of any of your obligations hereunder.
These Terms constitute the entire agreement between You and Us/We.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any part of these Terms is found to be invalid by any court having competent jurisdiction the validity of the remaining Terms will be unaffected. If either party does not exercise any right or remedy under these Terms, this will not be taken to mean that they have been waived.
These Terms and the relationship between you and us shall be governed by the laws of New York State in the United States of America and the New York courts shall have exclusive jurisdiction over any dispute arising. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
We reserve the right to vary these Terms from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.