The information contained on www.intotheheavyunderground.com (hereafter referred to as “the Site”) is for general information and store purpose only. Into The Heavy Underground (hereafter referred to as “ITHU”) assumes no responsibility for errors or omissions in the contents on the Site. In no event shall ITHU be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Site or the contents of the Site. ITHU reserves the right to make additions, deletions, or modification to the contents on the Site at any time without prior notice.
Terms & Conditions
These Terms of Sale (“Terms”) govern your relationship with ITHU when you use our online services (“Services”) via the Site. From time to time we may use the services of third parties to assist us in the provision of the Site. However unless otherwise stated, the Services available on this Site are provided to you by ITHU.
You should print a copy of these Terms for future reference.
If you have any questions about these Terms please contact at email@example.com
Changed to these Terms
We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates. Your continued use of this Site following the posting of changes will mean you accept those changes.
You will be subject to the policies and Terms in forces at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
The Services, this Site (including without limitation) all trade marks, music recordings, lyrics, audio and audio visual clips, digital downloads (“Content”) are owned and controlled by or licensed to ITHU, it’s affiliates and/or licensees. All rights in the Content are exclusive property of ITHU, or such affiliates, licensors and/or licensees.
Unless otherwise specified, this Site, and content are for your personal and non-commercial use only.
You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
Purchases via the Site require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.
Your use of our Site
You may not:
- Restrict or inhibit any other user from using and enjoying this Site or the Services;
- Act in any way that would damage, disable, overburden, or impair this Site or the Services or effect or encourage conduct that would constitute a criminal offence or give rise to civil liability;
- Upload, post or transmit to, or distribute or otherwise publish through this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party’s rights.
- Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- Exploit any information or other material obtained on or through this Site for commercial purposes;
- Engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, ‘screen scraping’, ‘database scraping’, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using ITHU cookies for purposes which are unrelated to the Services);
- Attempt to gain unauthorised access to other computer systems through this Site or obtain or attempt top obtain any Materials or information through any means not intentionally made available or provided for through this Site; or
- Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Site or the Contents or the Services.
Registration and passwords
If a particular service requires you to register with the Site or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in som cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password. Whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these terms. You may not use another person’s account at any time without the express permission of the account holder.
You are responsible for ensuring that the information we hold is up-to-date. Please amend your details as appropriate from time to time or email firstname.lastname@example.org to notify us of any changes.
Our Site may allow you to:
- Purchase physical products e.g. apparel and other merchandise;
- Download digital products e.g. music and videos; purchase mobile products e.g. music, videos and other content such as wallpaper, screensavers and logos;
- Download (and/or participate in online) games, at a cost or free of charge;
- Stream services to enable you to preview and/or listen to and/or watch music and videos online; and/or subject to any separate specific terms and conditions, offer such services to you on a subscription basis.
If we decide to offer any additional products on the Site, such future products will also be covered by these Terms.
By placing an order through our Site, you warrant that you are legally capabele of entering into binding contracts; and you are at least 18 years old.
If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Site, a parent or guardian should accept these Terms on your behalf.
Making an order
Follow the onscreen instructions on the Site to make an order.
Items which you select for purchase/download/streaming (as applicable) will automatically be placed in your ‘shopping basket’. To remove an item from your shopping basket, simply click on the ‘remove’ (or similar) button next to the item as it appears in your basket.
Once you have pressed the ‘checkout’ or similar button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).
You will receive an order summary confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order – this doesn’t mean that your order has been accepted. Your order represents an offer to us to purchase a particular items which is accepted by us only when we send you an email (“dispatch confirmation’) confirming:
- In the case of physical products: that that particular product has been dispatched, or (if appropriate);
- In the case of digital content: instructions for accessing your digital content.
We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a refund in accordance with your Refund Policy (further down below). Where your order was for products of a ‘hybrid’ nature (e.g. a physical and digital product) we will refund the relevant element of the order in accordance with our Cancellation Policy (further down below) for that particular product.
Currently we can accept only VISA, PayPal and Banktransfer. Prices appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices for products at any time by posting new prices on the Site.
By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Prices may exclude delivery charges, which may be added tot the total amount and will be calculated and displayed on screen prior to your payment details being taken. There are no delivery charges for digital content. The purchase will appear on your credit card or bank statement as ‘digital stores’.
It is always possible that, despite our best efforts, some of the items listed on our Site may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will usually, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we. have sent you a dispatch confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical products or at the time of your purchase or soon afterwards in respect of digital content.
ITHU may use a third party service provider to process payments, but will ensure that any payment processor engaged by ITHU will use security to encrypt credit or debit card date.
You may cancel your purchase of physical products at any time within 14 days for any reason, beginning on the day after you receive the product(s). In this case, you will receive a full refund of the price paid for the product(s) in accordance with our Refunds Policy set out further down below. For clarity, where your order was for products of a ‘hybrid’ nature (e.g. a physical and digital product) and we have begun process of delivering your digital product order, we will refund the relevant physical element of the order in accordance with our Cancellation Policy as set out in this section. Where you order multiple items that are delivered in separate batches, your 14 day cancellation period does not begin until the day after the last item has been received by you.
To cancel, you must inform us clearly. We recommend the best way to do this is by emailing email@example.com. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.
Further details of this 14 day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the dispatch confirmation for physical goods. Details of our Refund Policy can also be found further down below.
This right to cancel does not apply:
- Where CD’s and/or DVD’s (or other such audio or audio-visual products) have been unsealed;
- Where the product has been made to your specification;
- To digital content; or
- Where the product, by reason of its nature, cannot be returned.
Your order will be fulfilled by the delivery date set out in the dispatch confirmation or, if no date is specified, then within 30 days of the dispatch confirmation, unless there are exceptional circumstances.
If you cancel your purchase of products within the 14-day cooling-off period detailed above in the Cancelation Policy, we will process the refund due to you as soon as possible and, in any event, within 14 days of the day we receive the returned product or, if earlier, within 14 days of you providing evidence of having sent back the product. In this case, we will refund the price of the product in full, including the cost of delivering the item to you via standard delivery, provided that you have taken reasonable care of it. If audio, video or software products provided to you in a separate sealed packet are opened, you may not be entitled to a refund. You will be responsible for the cost of returning the item to us.
For clarity, where your order was for products of a ‘hybrid’ nature (e.g. a physical and digital product) and we have begun the process of delivering the digital part of your product order, we will refund the relevant element of the order in accordance with our Cancelation Policy (as set out above) for that particular product.
If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on our part, we will examine the returned product and will notify you of your refund or otherwise via email within a reasonable period of time.
In the event that we have to cancel your order after payment has been taken, we will notify you of our need to cnacel your order and supply you with a refund as soon as posibble.
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 always make any refund using the same method originally used by you to pay for your purchase unless you expressly agree otherwise.
If stated explicitly, returned products can be exchanged for (an) item(s) of equal value. The shipping costs for this/these new product(s) will be overseen by the Site.
We do not offer refunds for items on sale.
Products ordered from our Site for delivery outside the EU 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. 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.
You must make sure that you 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 an such laws.
We may, in our sole discretion, terminate your password, account (or any part thereof, if any) or use of the Site without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the services or the content or the software is unsuitable.
Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.
Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).
If you have any questions about our Terms of Sale, Returns and Refunds Policy, please contact us at firstname.lastname@example.org