Terms & Conditions

Terms & Conditions

 

1. Introduction

1.1 This Web Store is hosted by Luzern Technology Solutions Ltd., (hereto known as The Principle) Ballycoolin Business Park, B2, Ballycoolin Rd, Blanchardstown, Dublin 15. Registered in Ireland: No. 361832 (“The Principle”) an authorised reseller of Spotify USA Inc. (“Spotify”) . If you have any questions regarding the Web Store or these terms and conditions, or in the unlikely event that you have any complaints about any products or services purchased by you from this Web Store, please check support.spotify.com.

2. Scope

2.1 These terms and conditions, together with any other policies or documents referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders for products and services submitted by you for products and services made available by The Principle for purchase over the Web Store. Please read these Terms carefully.

2.2 Please note that when you purchase any products or services through this Web Store, you are purchasing those products and services from The Principle, and not from Spotify. These Terms form a contract between you and The Principle. Spotify is not a party to these Terms but is an intended beneficiary where indicated.

2.3 Please note that these Terms do not affect your statutory rights as a consumer.

2.4 Please note that although you are purchasing products and/or services from The Principle, any personal data submitted by you will be treated confidentially and will not be shared with 3rd parties, other than as set out in our Privacy Policy.

3. Acceptance of Orders

3.1 You agree that your order is an offer to purchase the products (“Products”) and services (“Services”) listed in your order on these Terms. All orders submitted by you are subject to acceptance by The Principle. The Principle may choose not to accept your order for any reason without liability to you.

3.2 After you submit an order to The Principle, The Principle will send you an order acknowledgement email with your order number and details of the Products and Services you have ordered. Please note that this email is an acknowledgement that The Principle has received your order and is not an acceptance of your order. A confirmation email will then be sent to you when your accepted order has been despatched. Acceptance of your order and the formation of a contract of sale between you and The Principle will not take place unless and until the Products have been despatched to you or, in the case of Services, when The Principle first start to provide the Services to you.

4. Prices

4.1 All prices on this Site are stated in US dollars. They do not include any sales tax payable on product, delivery charges and any customs clearance charges.

4.2 The Principle endeavours to ensure that all pricing information on the Web Store is correct. Occasionally, however, an error may occur and Products and Services may be mispriced. If a Product’s or Service’s correct price is lower than the price stated on the Web Store, The Principle will charge the lower amount and send you the Product or provide you with the Service. If a Product’s or Service’s correct price is higher than the price stated on the Web Store, The Principle will contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order. The Principle will not be obliged to supply Products or Services at any incorrect price.

5. Payment Terms

5.1 The total cost of your order will be the purchase price for the Products and/or Services, any delivery charges and any card processing charges. Unless otherwise agreed in writing prior to The Principle’s acceptance of your order.

5.2 If you are using a credit/debit card you confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment The Principle will not accept your order and The Principle will not be liable for any delay or non-delivery and The Principle is not obliged to inform you of the reason for the refusal. The Principle is not responsible for your card issuer or bank charging you as a result of The Principle’s processing of your credit/debit card payment in accordance with your order.

5.3 We authorize and capture all transactions at the point of sale, therefore your payment will be deducted in full at the point of purchase.

5.4 To combat online fraud, all payments are subject to security screening.

6. Invoicing

6.1 Where The Principle elects, or is required by applicable law, to issue or make available an invoice, The Principle reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.

7. Services

7.1 Any Services The Principle provides or makes available to you or which are purchased by you may be subject to additional terms. Any such terms will be brought to your attention before you purchase those Services. Please note that those terms shall apply to the relevant Services in addition to these Terms.

9. Customs

9.1 The products and services on this Web Store are only available to customers with a shipping address in the United States (excluding the territories).

10. Delivery and risk

10.1 Subject to Clause 10.3 below, orders will be sent to the delivery address that you have given on your order form. The Principle cannot be held responsible if that delivery address is incorrect. Please note that, unfortunately due to logistics issues, we may not be able to deliver to your address.

10.2 The Principle currently only delivers Products and Services to the countries listed in the check-out form. Please also note that The Principle is unable to deliver Products or Services to any country other than that listed unless otherwise stated therefore your delivery address and billing address must be among this list.

10.3 While The Principle will try to meet any dispatch estimates that it gives you, please note that they are just that: they are not guarantees and should not be treated as such. Accordingly, you agree that products may not necessarily reach you in the desired time.

10.4 Once a Product has been delivered by our shipping partner, all title, risk of damage to, or loss of, the product shall pass to you.

 11. Refunds and returns

11.1 We hope you enjoy your Products. However, Should you wish to cancel or return any Products, you may do so in accordance with Spotify’s Refunds and Returns policy: carthing.spotify.com/legal/return-policy. This Refunds and Returns Policy does not affect your statutory rights as a consumer.

12. Age Requirements

12.1 If you order a Product or Services to which a minimum age requirement applies, by ordering that Product or Service you confirm that you are of the required age. If The Principle reasonably believe that you are not legally entitled to order a Product, The Principle reserve the right to cancel your order.

 

13. Warranties 

13.1 To the maximum extent permitted by applicable law, any express warranty Spotify offers you in respect of a Product are instead of all other terms, conditions and warranties, whether express or implied. Please note, however, that this exclusion (and any express warranty that accompanies your Products) does not affect your statutory rights as a consumer.

14. Limitations of liability

14.1 Nothing in these Terms limits or excludes The Principle’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.

14.2 Subject to Section 14.1 above, neitherThe Principle nor Spotify will be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any: economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.

14.3 You acknowledge that Spotify shall not be liable to you for any misrepresentation, misstatement or breach of any term, condition or warranty given by The Principle in connection with any Products or Services.

14.4 This Section 14 does not affect your statutory rights as a consumer. 

15. Electronic Communications

15.1

The Principle communicates with you by e-mail, via the email spotify.customersupport@luzern.co. For contractual purposes, you consent to receive communications from The Principle electronically and you agree that all agreements, notices, disclosures and other communications that The Principle provides to you electronically satisfy any legal requirement that such communications be in writing. This term does not affect your statutory rights as a consumer.

16. Assignment, subcontracting etc

16.1 The Principle reserves the right to transfer, assign, novate or sub-contract all or any of The Principle’s rights and obligations under these Terms. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without The Principle’s consent in writing.

17. Amendments to these Terms

17.1 The Principle reserves the right to make changes to these Terms at any time. You, and any contract of sale between you and The Principle, will be subject to the version of these Terms in force at the time you order the Products or Services in question from The Principle .

18. Events beyond The Principle’s reasonable control

18.1 The Principle will not be held responsible for any delay or failure to perform or comply with The Principle’s obligations under these Terms if the delay or failure arises from any cause which is beyond The Principle’s reasonable control.

19. Severances

19.1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.

20. Governing law and jurisdiction

20.1 These Terms and all transactions relating to this Web Store are governed by Irish law and you, and The Principle, hereby submit to the non-exclusive jurisdiction of the Irish courts. However, this will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence).

23. Pre Order Sales

When placing a Pre-Order for Spotify products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. The Principle shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.

Pre-ordered items are secured for you at the point of order placed and you will be charged in full once your order is shipped. Your credit card will be pre authorized when you place an order for any pre order item and will charge your card once the item is sold

If you combine your pre-ordered item with items currently available the order will be shipped together once your pre order items are in stock. In addition you will only pay one shipping fee (if any shipping fee’s apply to the order)

WEBSTORE 

THIS WEB STORE IS HOSTED AND OPERATED BY THE PRINCIPLE, BUSINESS & TECHNOLOGY PARK, Ballycoolin Business Park, B2, Ballycoolin Rd, Blanchardstown, Dublin 15. REGISTERED IN IRELAND: NO. 361832 (“THE PRINCIPLE”) AN AUTHORISED RESELLER OF Spotify USA Inc. . IF YOU HAVE ANY QUESTIONS REGARDING THE WEB STORE OR THESE TERMS AND CONDITIONS, OR IN THE UNLIKELY EVENT THAT YOU HAVE ANY COMPLAINTS ABOUT ANY PRODUCTS OR SERVICES PURCHASED BY YOU FROM THIS WEB STORE, YOU CAN CONTACT THE PRINCIPLE AT:spotify.customersupport@luzern.co