Terms & Conditions | Privacy | Disclaimer for T3MPO.com
Company Information:
Tradingname: Tempo (T3MPO.com)
Shipping address: Katshoek 15, 3032 AE, Rotterdam, The Netherlands.
Chamber of Commerce/KvK: 24488579 (Vestigingsnr. 000010697721)
Vatnumber: NL144730170B01
Contact & Owner: F.van Steijn
Mobilenumber: 0031-(0)629554477 (during working hours only; Mon-Fri)
E-Mail: shop(@)T3MPO(.)com
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In these Terms & Conditions (*T&C pt#1 till 30) & Services & Privacy Policy & Disclaimer;
T3MPO.COM (Tempo) implies the specialized online shop with Vintage & New Drum and Bass records (or related styles) for sale and other services such as: Label, Events, Mixes and all other pages (and it’s content).
All T3MPO.COM (Tempo) content is copyright control and may not be used without written approval of T3MPO.com (all content is our view and we can not be held responsible for any inaccurate information/inconvenience/damage/costs this may cause).
*Please note: T&C can be read & found by typing the “Terms & Conditions” into our searchengine. Submitting/purchasing your order means an agreement with T3MPO.com The T&C + Questions can be requested via e-mail and use the contact page.
TERMS & CONDITIONS:
The media & sleeve conditions can be found in the release info section and uses the following standards:
1] New Releases section; vinyl & sleeve in original new condition (as supplied by our suppliers).
2] Vintage section;
A. New (N); vinyl & sleeve in original new condition.
B. Mint (M); vinyl & sleeve are rarely used and still in perfect condition.
C. Near Mint (NM); vinyl & sleeve are used but still in almost new condition
D. Very Good + (VG+); vinyl is used, some minor surface marks. New generic disco sleeve.
E. Very Good (VG); vinyl is used, some surface marks. New generic disco sleeve.
F. Good (G); vinyl is used, has some scratches, plays perfect. New generic disco sleeve.
*Please Note: The pictures/images as stated in our Tempo shop does not always imply the records & sleeves we actualy sell, therefor please carefully read the detailed description in the release info section!
Want to sell your records? We are always looking for entire collections, particularly Jungle or Drum and Bass records in Near Mint (NM; see above) condition. For an instant decision whether we would want to purchase your records, simply e-mail us: Sell list! Once provided with all info we will make you a fair offer.
Explanation of words:
“Seller“ means T3MPO.com
“Buyer” means any person who accepts the Seller’s quotation for the sale of the Goods or whose order for the Goods is accepted by the Seller; “Contract” means the contract for the sale and purchase of the Goods & Services provided on the entire website of T3MPO.com; “Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with the Terms & Conditions; “Supplier” means Tempo.
“Terms & Conditions” means the standard Terms & Conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller; “Writing” (and any similar expression) includes fax transmission, electronic mail and comparable means of communication. “Services” implies using other services than “Sale” provided on our website such as: Label | Events | Mixes | Contact pages on T3MPO.COM
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These Terms shall govern the Contract to the exclusion of any other terms subject to which any quotation is accepted or purported to be accepted, or any order is made or purported to be made, by the Buyer. No variation to these Terms & Conditions of Sales & Services shall be binding unless agreed in Writing by the Seller’s authorised representative.
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No order submitted by the Buyer may be cancelled when order or payment has been submitted/ transfered (refunds are not given, not even when the order is incomplete due to incomplete stocklevels), T3MPO.com will offer replacements to the same amount (or gives a little extra compensation)! Please Note: Goods can not be swapped or cancelled once order has been dispatched (as music can be copied). T3MPO.COM can not be held responsible for any third party claims, rules (Terms & Conditions) or foreign laws from any companies (or foreign countries) such as, Banks, Creditcard or Debitcard, Paypal, Mr Cash (or any other/similar bank, credit or debit companies). The Terms & Conditions of T3MPO.COM are applicable & final to any sales or services on T3MPO.COM
Pre-orders are based on a pre-sold/paid basis and expected to be paid within three days from the day of sale. Unpaid (pre) orders are deleted/cancelled after these three days (e-mail us when payment is delayed and provide us the expected day of payment arival).
How does pre-ordering work? Click “Buy” > go to “Checkout” > make “Payment”, once the item is in stock it will immediately ship! *Please note that release dates, stock and quantity are liable to change at any time at the shop, label, distributor and other supplier’s discretion. Pre-Order are shipped when we receive them from our suppliers. T3MPO.com can not be held responsible for any delays on release & shipping dates.
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The Buyer shall be responsible to the Seller for ensuring the accuracy of the Terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. The Buyer shall be responsible for ensuring that the Goods are appropriate for their intended use and compatible with any other products with which they are to be used save where advice is given by the Seller to the Buyer as to the use and compatibility of the Goods.
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T3MPO.com sells New (Mint) & 2nd Hand products in prefessional quality mailers which are specifically made for Vinyl/CD’s transportation. The Buyer may return any damaged order caused by the shippingcompany within two working days beginning on the day after the buyer has received the Goods by only giving NOTICE to the Seller via e-mail first, please clearly state all your BUYER info + order or invoicenumber.
In the event of returning the goods by the Buyer, the Goods shall be returned to the Seller, and the Buyer shall be responsible for the cost of returning the Goods. If Goods are to be returned to the Seller as a result of any defect in the quality or condition of the Goods then Tempo will REFUND the product by sending an EQUAL PRICED PRODUCT. Tempo can not be held responsible for any delay caused by for instance national disaster or damage caused by shippingcompanies as this is totally out of our control. However we will try to do our best to solve this problem. Upon submission of an order form, Tempo shall send to the buyer, via e-mail, a confirmation of the purchased order, containing a summary (Purchase report) of the information related to the order form.
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The price of the Goods shall be the Seller’s quoted price. The Seller reserves the right to increase prices due to *factors outside the control of the Seller. All shop prices are ex 21%vat, total amount will be given in the final step of the check-out. *increase in shippingrates/ taxes/ currency fluctuations a.o.
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The Buyer shall be liable to pay the Seller’s charges for transport and packaging, all included in the total amount shown on the final step of the checkout on T3MPO.COM
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The price in the final checkout is inclusive of any applicable value added or other tax, which the Buyer shall be additionally liable to pay to the Seller.
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Pre-Payment is due to be made to the Seller at the time the order is placed. Tempo have the right to cancel any orders which have not been paid in full after a period of 3 business days. Orders (when in stock) will be send after the full payment has been received on the Tempo Bank or *Paypal/Creditcard/iDeal account (see Privacy policy 3/3).
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Receipts for payment will be issued only on request. T3MPO.com software will send automatically generated e-mail with the status of your order. You may always e-mail us regarding the status of your order but please allow us some time to respond.
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The Buyer authorises the Supplier to make searches against the Buyer to verify the identity of the Buyer. This includes (without limitation) (1) the use of the Address Verification Service by the Supplier whereby the Supplier can check the numerical part of the Buyer’s address and postcode with the card issuing bank and (2) checks of the Electoral Register.
Information which is provided to the Supplier about the Buyer and those with whom the Buyer is linked financially may be used by the organisation and other companies if credit decisions are made about the Buyer, or other members of his/her household. This information may also be used for debt tracing and the prevention of money laundering as well as the management of the Buyer’s account.
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The Seller reserves the right to request a scanned copy of the front of the original bankcard used by the Buyer together with a scanned copy of a recent passport and/ or bank receipt which gives details of the Buyer’s address prior to accepting any order.
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Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused provided that the Buyer shall be entitled to cancel any order which is not delivered within 120 days. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. Pre-orders are on a pre-paid basis only! Once the item is in stock it will immediately ship (on a business/workingday). *Please note that release dates and stock are liable to change at any time at the shop, label, distributor and other supplier’s discretion.
Shipping & Damage & Lost & Returns:
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Tempo sends via: UPS (default) & TNT/PostNL (default) depending where the Buyer submits his/her order, or any other shipping company with good quality & service. Dutch buyers allow up to 1,2 or 3 workingdays for delivery. EU buyers allow up to 3 to 5 workingdays, rest of the world allow up to 5-30 days upon delivery. *Please note: the delivery address should be a house address (NO P.O. BOX ADDRESS!) where someone can accept a parcel during office hours!! Tempo can not be held responsible for any delay and or returned packages due to problems with the acceptance and or delivery hours. Any extra costs arisen from returning/damaged packages will have to be paid by the Buyer.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without limiting any other right or remedy available to the Seller, the Seller may charge the Buyer for all reasonable costs and loss of profit under the Contract.
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Risk of damage to or loss of the Goods shall pass (and is for the risk solely) to the Buyer at the time of delivery. Buyer may not give any company address to send packages too (if so) T3MPO.COM can not be held responsible for any delays, missing items/packages, damages or extra costs. Any extra costs arisen from returning/damaged packages will have to be paid by the Buyer.
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Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms & Conditions of Sale & Services, the property in the Goods shall not pass to the Buyer until the Seller has received in cleared funds payment in full of the price of the Goods.
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Subject to the following provisions in the case of Goods manufactured outside the EC, the Seller warrants that the Goods will correspond with their specification and will be free from defects in material and workmanship at the time of delivery; and in the case of goods manufactured within the EC will also have the benefit of the manufacturer’s warranty.
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The above warranty is given by the Seller subject to the following conditions:
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the Seller shall be under no liability in respect of any defect in the Goods arising as a result of any specification supplied by the Buyer;
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the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s or manufacturer’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval; and
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Subject as expressly provided in these Terms & Conditions of Sale & Services, and except where the Goods are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by Dutch law.
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Where the Goods are sold to a consumer the statutory rights of the Buyer are not affected by these Terms.
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A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within two days from the date of delivery (by the Buyer giving Notice to the Seller via e-mail).
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Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the Goods (of the damaged part in question) in which case the Seller shall have no further liability to the Buyer.
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The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any cancellations, delay in performing, or any failure to perform (in case of any incomplete orders), any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control provided that where the price of the Goods has been paid by the Buyer to the Seller, the Buyer shall be entitled to a full replacement of the product or any other similar priced product on the T3MPO.COM website. Please Note: Goods can not be swapped or cancelled once order has been dispatched (as music can be copied). Seller does not provide the Buyer any refunds or cash. Not even when the order is incomplete due to incomplete stocklevels, T3MPO.com will offer replacements (records, cd’s, downloads) to the same amount (or gives a little extra compensation), T3MPO.COM can not be held responsible for any third party claims, rules (Terms & Conditions) or foreign laws from any companies (or foreign countries) such as, Banks, Creditcard or Debitcard, Paypal, Mr Cash (or any other/similar bank, credit or debit companies). The Terms & Conditions of T3MPO.COM are applicable & final to any sales or services on T3MPO.COM
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If the Buyer makes a voluntary arrangement with its creditors or becomes bankrupt without limiting any other right or remedy available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
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A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
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No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
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If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
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The Contract shall be governed by and construed in accordance with the laws of The Netherlands, and the Buyer agrees to submit to the non-exclusive jurisdiction of the Dutch courts. Any disputes arising between Buyer & Seller will be settled before a competent Rotterdam (The Netherlands) court of law. Of course T3MPO.com will try to do it’s best to prefend any disputes/claims. Buyer should read the T&C before placing or paying any orders and should be reasonable in case any dispute may arise. Any complaints should be made via written letter or e-mail only; Complaints Feedback is welcome too; Feedback
Privacy Policy:
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Tempo saves customer details such as names and addresses for the use of General Terms and Conditions of Sale & Services (pt#11/30) nd has the right to use e-mail address for newsletters or transferring (or selling) them to any third parties scene related.
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Everyone has the right to protect his/her personal data. Tempo respects its users’ rights to be informed regarding the collection of and other operations involving their personal data. In using data, that may directly or indirectly identify you personally, you will apply the principle of strict necessity;
for this reason, we have designed T3MPO.COM in such a way that the use of your personal data will be kept to a minimum and will not exceed the purposes for which your personal data was collected and/or processed; we do not process your personal data when we can provide you with services through the use of anonymous data (such as marketing research made for improving our services) or by other means which allow Tempo to identify you as a part from when it is strictly necessary or upon request of the competent public authorities or the police (as, for example, in case of traffic data or your IP address).
Tempo determines the purposes and means for the processing your personal data, including security measures, as Tempo controls T3MPO.COM users personal data. T3MPO.COM can not be held responsible for any damage to Buyer in case of any hacking on T3MPO.COM
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Who Processes Your Personal Data; Tempo controls the use of T3MPO.COM users’ personal data; Tempo autonomously determines the purposes and means of use, including security measures, for the protection of personal data. For organizational and operational purposes only, we have appointed certain entities that will also process personal data belonging to T3MPO.COM users, such purposes which are strictly connected to the performance of services on Tempo, including the sale of products.
Payments (Credit and Debit Card Security)
All of your details are processed of site by Paypal, Paypal is the largest online credit/debit card handling company, utilising SSL encryption to ensure your shopping is safe and secure. T3MPO.COM can not be held responsible for any damage or extra (transfer/currency) costs, also not in case of any hacking/malfunctioning due to Paypal (or any such other creditcard or debitcard company) that processes your and our payments.
The above mentioned processors have been carefully selected by Tempo because of their experience in processing personal data and they provide sufficient guarantees in respect of compliance with data processing law (including the technical security measures governing the processing to be carried out). In processing the personal data of Tempo users, the processors shall act only on instructions from Tempo.
We regularly ensure that our processors comply with our instructions and that they provide sufficient guarantees on their full compliance with the provisions on personal data processing. The processors of your personal data are:
– UPS, TNT, PostNL or any other used shipping company, for purposes relevant to shipping and delivering.
– Paypal, Bank (including iDeal), Creditcard or any other used payment provider service, for the purposes relevant to process payments.
– Webmaster, for purposes relevant to the maintenance on our website.
This Privacy Policy provides you with all information needed to understand how we collect data which may identify T3MPO.COM users.
Disclaimer Policy:
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By submitting an order/purchase/buy/pay and therefor contracting with Tempo, you unconditionally accept and undertake our Terms and Conditions of Sale (pt#1 till 30) & Services & Privacy Policy & Disclaimer provided by Tempo. Should you not agree with our Terms and Conditions of Sale (pt#1 till 30) & Services & Privacy Policy & Disclaimer; please do not submit your order form for the purchase of products and or using any services on T3MPO.COM
The Buyer hereby acknowledges the given Terms & Conditions, Privacy and Disclaimer Policy which forms an integral part of the T3MPO.COM website.
(Last update: January, 2015)
