TERMS & CONDITIONS OF USE

DEUTSCHE GRAMMOPHON WEB SHOP

Operated by Fresh Digital Ltd.

Acceptance of Terms

Please carefully review the following terms and conditions of use before accessing this DEUTSCHE GRAMMOPHON WEBSHOP (hereinafter the "SHOP"). Using this SHOP indicates that you accept these terms, conditions and disclaimers regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, please do not use this SHOP.

While the website, accessible through www.deutschegrammophon.com and related URLs (hereinafter DG Website), is owned and operated by Deutsche Grammophon Gesellschaft mbh, Baumwall 3, D-20459 Hamburg, the SHOP is operated by Fresh Digital Ltd., Old Wall Cottage, High St, Whitchurch on Thames, Oxon, RG8 7EP, UK. So when choosing a certain recording for purchase and hitting the respective "buy" button on the DG Website you are transferred to the SHOP as operated by Fresh Digital Ltd. and related URLs (hereinafter "DG Website")

These terms of use only refer to the SHOP and not to the DG Website.

Terms of Use

By using this website and contracting with Fresh Digital Ltd., you are permitted to purchase music recordings of Deutsche Grammophon by mail order, download or 7-day stream. A mail order item as offered in this shop is any one of the following: CDs, DVDs, SACDs and Blu-ray discs. These are offered in various packaging versions, each with a separate catalogue number, detailed in the relevant product page in the catalogue section. A 7-day stream is a purchased group of tracks (hereinafter "digital product"). These are made available to the purchaser for the term of 7-days following the purchase via a streaming software within the shop.

A "Download" is a purchased Track or Materials (hereinafter "digital product") that is capable of being transferred to a compatible portable device, saved to your hard drive and burned to a CD. By purchasing a digital product you are acquiring a license to use this digital product within the limits set forth below or as displayed in connection with the downloading process.

i. By installing, copying, or otherwise using the SHOP or its software, you acknowledge that you have read and understood this Agreement, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the SHOP, the software or any music, images, video, text, or other material available through the SHOP ("Content").

ii. You agree to abide by the rules and policies established from time to time by [Fresh Digital Ltd.]. Such rules and policies will be applied generally in a non discriminatory manner to users of the SHOP and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

iii. The SHOP and any related software may enable you to listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form solely for your personal, non commercial entertainment use. This Content may be owned by [Fresh Digital Ltd.] or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree not to make any use of Content that would infringe the copyright therein. You further agree that you will not attempt to modify any software or Content obtained through the SHOP for any reason whatsoever.

iv. You represent, warrant and agree that you are using the SHOP hereunder for your own personal entertainment use and not for redistribution of any kind. You agree not to redistribute or otherwise transfer any copies of Content obtained through the SHOP.

v. [Fresh Digital Ltd.] and/or the owners of the Content may, from time to time, remove Content from the SHOP without notice. Where you have bought a download but not executed the download at the time of removal or you have bought a stream and the removal happens during the period of the 7-day stream, Fresh Digital Ltd. shall reimburse you for the cost of that purchase.

vi. The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.

Processing of orders

All prices include sales taxes (where applicable) unless otherwise stated.

Digital Products

Credit and Debit cards are debited before any digital product is downloaded or made available for a 7-day stream unless these are a free promotional offer by the SHOP. In the case of a promotional offer different rules apply as set forth in the terms of that promotional offer. After you have chosen the digital product you wish to purchase in the SHOP and you have executed the payment you may download or stream the digital product from any computer linked to the internet. There shall be no refund of monies paid by you in case you do not execute the download or stream.

Every purchase you make shall be deemed performed in the UK. UK law shall govern every aspect of contractual agreement concerning purchases made from the SHOP. Refunds are only available in exceptional circumstances at the discretion of Fresh Digital Ltd.

Mail Order Products

Credit and Debit cards are debited after your order has been dispatched. You will be notified immediately by email, when we do this. Every purchase you make shall be deemed performed in Germany. German law shall govern every aspect of contractual agreement concerning purchases made from the SHOP. Refunds are only available in exceptional circumstances at the discretion of Fresh Digital Ltd..

Follow this link for Full Delivery Terms and Returns Policies for Mail Order

All Products

Although this site is accessible worldwide, titles are available to purchasers from a limited number of countries, listed at the end of this document. The country from which a purchaser may make a purchase is deemed to be that of the billing address of the credit or debit card used for the purchase.

It is possible that certain titles shown may not be available for customers in some or all of these countries.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

For purchase you have to submit your personal information as indicated on the respective page. You hereby approve the storage of such information for processing the purchase and for customer research purposes both on the servers of Fresh Digital Ltd and any entity of the Universal Music Group. Both Fresh Digital Ltd as well as the Universal Music Group will ensure that your personal data will not be shared with any third party and for no other purpose other than for processing the purchase, receiving or enforcing payment and for internal market research needs.

Fresh Digital Ltd. may accept or reject your registration and your purchasing in the SHOP at their sole discretion.

Trademarks and Copyright

Please note that all digital products and other material in this SHOP, including, but not limited to, design, text, graphics, logos, images, audio and video, is the property of either Deutsche Grammophon Gesellschaft mbH and its affiliates or Fresh Digital Ltd. All trademarks, product names and company names or logos cited herein are the property of their respective owners. All products and other material may only be used as part of the digital products purchased and only for your personal use. Any further distribution for sale or otherwise or use in any other manner is expressly prohibited. You are also prohibited from modifying, distributing, re-publishing, publicly performing or broadcasting any of the digital products or other recordings, text, graphics or images included on the SHOP without the express written consent by Fresh Digital Ltd..

Warranties and Liabilities

Fresh Digital provides the SHOP and its contents on an "as is" basis and makes no representations, endorsements or warranties of any kind with respect to the SHOP, its contents or any other site linked to the SHOP. Neither Fresh Digital Ltd. nor Deutsche Grammophon Gesellschaft mbH nor any other entity of Universal Music Group will be liable for any damages whatsoever arising out of or in connection with the use of the SHOP, including, without limitation, damages for loss of use, data or profits, with delay or inability to use the site, the provision of or failure to provide services, or for any information, products, services and graphics obtained through the SHOP or any linked site. Your sole and exclusive remedy is to discontinue using the SHOP.

Modification

Fresh Digital does not accept liability for any errors and omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services at any time without notice. It is your responsibility to regularly review these terms and conditions for any alterations, and by continued use of the site you indicate acceptance of the agreement and any modifications. We reserve the right to terminate your access to the SHOP for any reason, including without limitation, for breach of any of these conditions.

Contact

If you wish to contact us for any reason please email dg@freshdigital.co.uk. We will do our best to reply as soon as we can.

Our address is:
Fresh Digital Ltd.,
Old Wall Cottage,
High St,
Whitchurch on Thames,
Oxon,
RG8 7EP
UK
Our telephone number is: +44 ( 0 ) 118 984 3468
Our fax number is: +44 ( 0 ) 118 984 3463