This section (together with the documents referred to on it) sets out the terms and conditions on which the products available www.purplemusic.ch (the Site) are supplied.
Please take time to look through these Terms and Conditions carefully. You should understand that by ordering any of our products or services, you agree to be bound by these terms and conditions. If you have any questions, or if you want to clarify anything, please contact customer services through one of the methods detailed in the Customer Services section on the Site.
You should print a copy of these terms and conditions for future reference.
When you place an order we will send you an email confirming our acceptance of the order. It is only when you receive this email that a contract is formed between us and you.
We will send you a further email when your goods are dispatched.
By placing an order through our Site, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
All products on our Site are offered subject to stock availability.
You can make changes to your order at any time up to the point that you submit your order after entering your payment details. Changes to orders after that point are dealt with through the returns/re-ordering process described below.
The prices of any product will be as quoted on our site from time to time except in cases of obvious error.
These prices are exclude delivery costs (if applicable) which will be added to the total amount. Delivery costs are added to your order when you review your basket and are re-calculated based on any new information you enter during the checkout process.
There is always the chance that a product might appear on our Site with the wrong price. We verify prices as we process your order, and in the case where the price is lower than the price quoted on the Site, we will charge you the lower amount. If the price is higher than the price on the Site, we will either, at our sole discretion, charge you the lower price, or reject the order and contact you for further instructions.
We have no obligation to supply incorrectly priced products to you, even after we have sent an order acknowledgement email, if the pricing error is obvious and could reasonably have been recognised as such.
Payment can be made by PayPal.
All delivers outside Switzerland will send by the Swiss Post Service as registered shipment.
If an item fails to arrive at its destination, please allow 30 days before contacting us. As per Swiss Post’s terms, an item is not classed as lost until 30 working days from dispatch.
We will do our best to make sure your order reaches you in the timescales set out above. We cannot, unfortunately, be responsible for anything unexpected that affects our delivery partner. It is not customary for us to refund delivery charges under these circumstances.
If you order products from our Site for delivery outside Switzerland, they 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. 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.
Naturally, we hope you’ll be delighted with the products you purchase from us. If for any reason you want to return anything, you can, within 30 days from the day that you receive the products.
We cannot be responsible for any goods that we do not receive, so we suggest that you send any returns back to us using some form of guaranteed delivery that requires a signature.
Once an order has been placed (you have completed the order online and we have sent you an Order Acknowledgement email) it cannot be stopped. Any errors must be corrected using this returns process.
When you return a product to us:
Because you have cancelled the contract within 30 days of receipt in accordance with the terms above, we will process the refund due to you, including a refund of the delivery charges for sending the item to you (if applicable), as soon as possible and, in any case, where the return is by post, within 30 days of the day you have given notice of your cancellation.
for any other reason (for instance, because you have notified us that you do not agree to any change in these terms and conditions or because you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded 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 refund any money received from you using the same method originally used by you to pay for your purchase.
Products returned to us must arrive in the same condition in which you received them and in re-saleable condition. That means:
– luggage must be unused and in the packaging it was sent in
– the seals on fragrance must be intact, including the seal on the box
– CDs must be in perfect condition, including the seal on the packaging
If products are returned to us in a non-re-saleable state we will refuse to accept the goods and you may have to compensate us.
The products 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 the delivery charge)
Please note that colours of products which are displayed on the Site will depend on the monitor you use, so it is impossible to guarantee that the product you receive will be an exact colour match of the product you order from our Site. Covers of the vinyl-records can be different as displayed on the website.
Faulty products that you notify us about within a reasonable timescale after delivery are eligible for an exchange or refund (subject to our confirmation of the fault). Please see Returns Policy (above).We have no further liability to you other than the exchange or refund of the products.
This does not affect your statutory rights.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.
This does not include or limit in any way our liability:
– For death or personal injury caused by our negligence;
– For fraud or fraudulent misrepresentation; or
– For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
– loss of income or revenue
– loss of business
– loss of profits or contracts
– loss of anticipated savings
– loss of data loss of data, or
– waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Where you buy any product from a third party seller accessed via a link from our site, the seller's individual liability will be set out in the seller's terms and conditions.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving our employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.
If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
The whole agreement between us and you is contained within these terms and conditions and the other notices on our Site. No other agreements will form part of the contract between us and you unless agreed in writing and signed by an authorised Purple Music signatory.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order products from us.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, 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. This condition does not affect your statutory rights.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract. Your statutory rights will be not be affected by any transfer or assignment.
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under this agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Contracts for the purchase of products through our Site are governed by Swiss law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdictionof the courts of Switzerland.
No purchase necessary.
Only one entry per person.
All qualifying entrants who answer the question correctly will be placed in a free prize draw.
Winners will be notified within 28 days of the draw taking place.
There is no cash alternative to the prize.
The competitions are run by Purple Music.
The competitions are not open to anyone associated with Purple Music or any associated companies.
The judges' decision is final and no correspondence will be entered into. No responsibility can be accepted for entries which are not properly received due to communications beyond our control.
All prizes are subject availability.
Unless otherwise stated, all transport is the entrant's responsibility.