Terms of service

OVERVIEW

Welcome to The Mystery Vinyl Company. The terms "we", "us" and "our" refer to The Mystery Vinyl Company. The Mystery Vinyl Company operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The Mystery Vinyl Company is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

 

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

 

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state, or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

 

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

 

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

 

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

 

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly as depicted or rendered in our online stores.

 

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

 

SECTION 3 - ORDERS & SUBSCRIPTIONS

When you place an order, you are making an offer to purchase. The Mystery Vinyl Company reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Mystery Vinyl Company confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Subscription Specific Terms:

If you purchase a subscription product, you agree to a minimum commitment term of 3 months (3 billing cycles). Starting from month 2, you may modify your pack tier or billing choices via your portal. Cancellation of your subscription is only permitted after your 3rd monthly payment has been processed.

Your purchases are subject to return or exchange solely in accordance with our Returns & Refunds Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

 

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs duties, or local import charges.

 

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your card or banking provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

 

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Mystery Vinyl Company, its affiliates or licensors and are protected by United Kingdom and foreign patent, copyright and other intellectual property laws.

 

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by The Mystery Vinyl Company.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Mystery Vinyl Company is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Mystery Vinyl Company. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Mystery Vinyl Company. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the platform. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit, upload, or transmit any ideas, suggestions, feedback, reviews, or plans (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

 

You agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene language, or contain any computer virus or other malware that could in any way affect the operation of the Services. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, national, or local regulations, rules, or laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees; (e) to transmit false or misleading information; or (f) to engage in automated data scraping or extraction.

 

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AUTOMATED AGENTS AND BOTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent or automated bot to access, use, or interact with any Services. 14.2 No Agent may access, use, or interact with Services unless it identifies itself openly in all HTTP/HTTPS requests by disclosing the name of the Agent using the user agent string format: "Agent/[agent name]". 14.3 Agents must not conceal or obfuscate their activities, nor attempt to circumvent CAPTCHAs or security barriers intended to distinguish computer use from human interaction.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY THE MYSTERY VINYL COMPANY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL THE MYSTERY VINYL COMPANY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

 

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Mystery Vinyl Company, Shopify, and our affiliates, partners, officers, directors, employees, agents, and contractors from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies posted by us on this site constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. You and The Mystery Vinyl Company consent to the exclusive venue and jurisdiction of the courts of England and Wales to resolve any disputes.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@themysteryvinylco.com.

Our official statutory company details are posted below:

• Trading Name: The Mystery Vinyl Company

• Contact Email: info@themysteryvinylco.com

• Registered Business Address: C/O Kreston Reeves Llp, Nile House, Nile Street, Brighton, East Sussex, United Kingdom, BN1 1HW

• Company Registration Number: 16718172