Terms of service

These terms of service ("Terms") govern your use of soundsgoodpresents.com and any purchase you make from our online store. They form a binding agreement between you and SoundsGood Presents LLC, a limited liability company ("SoundsGood", "we", "us"). By placing an order or using this site you accept these Terms. If you do not accept them, do not use the site or place an order.

Who you are contracting with

Every order placed through our store is a contract with SoundsGood Presents LLC. We sell and deliver within the United States only.

Eligibility

You must be at least 18 years old, or the age of majority in your state of residence, and able to enter into a binding contract, in order to place an order.

Orders and acceptance

Product listings are an invitation to place an order and not an offer to sell. Your order is an offer to buy. Our order confirmation email acknowledges receipt of your order; it does not constitute acceptance. The contract between us is formed only when we dispatch the goods or, for pre-ordered items, when we accept the order in writing.

We may decline or cancel an order, in whole or in part, where the item is unavailable, where the listing contained an error, where we reasonably suspect fraud or a breach of these Terms, or where we are unable to deliver to the address supplied. Where we cancel an order for which you have paid, we refund it in full.

Pre-orders

Certain items are offered for sale before they have been manufactured. Where an item is identified as a pre-order:

• Payment is taken in full at the time you place the order, not at dispatch.
• Any dispatch date shown is our good-faith estimate at the time of listing. Physical records are manufactured by third-party pressing plants and dates are subject to change.
• Where a dispatch date changes, we will notify you by email before the published date passes.
• You may cancel a pre-order at any time before dispatch, for a full refund, without reason, by emailing store@soundsgoodpresents.com.
• Where an order contains both pre-ordered and in-stock items, we hold and dispatch the order once unless you ask us to split it, which we do at no additional charge.
• Where we are unable to fulfil a pre-order, we cancel it and refund it in full. That refund is your sole remedy in those circumstances.

A summary of these pre-order provisions appears on the relevant product page. That summary is provided for convenience and does not vary or replace what is set out in this document.

Prices, errors and taxes

Prices are in United States dollars and are those displayed on the product page at the time you order. Applicable sales tax is calculated and shown at checkout. Delivery charges are shown at checkout before payment.

Despite reasonable care, a product may occasionally be listed at an incorrect price. Where the correct price is higher than the price stated and the error is one you could reasonably have identified as an error, we are not obliged to supply at the stated price. We will contact you before dispatch, and you may confirm the order at the corrected price or cancel it for a full refund.

Payment

Payment is taken in full when you place your order, including for pre-orders. Payment is processed by our third-party payment providers; we do not receive or store your full payment card details. You confirm that you are authorised to use the payment method supplied.

Delivery, title and risk

Delivery terms, charges and timescales are set out in our shipping policy, which forms part of these Terms. Title and risk of loss pass to you on delivery.

Returns

Returns and refunds are governed by our refund policy, which forms part of these Terms.

Acceptable use

You may not use this site to violate any law; to interfere with its operation, security or availability; to gain unauthorised access to any system; to scrape or harvest data at a scale that degrades the service; to introduce malicious code; or to resell or commercially exploit access to it. We may suspend or refuse service where we reasonably believe this section has been breached.

Intellectual property

All content on this site, including text, photographs, video, artwork, sound recordings, logos, trade marks and design, is owned by SoundsGood Presents LLC or by the artists, photographers and rights holders with whom we work, and is protected by United States and international intellectual property law. You may view and download content for your own personal, non-commercial use. You may not otherwise reproduce, distribute, publicly perform, adapt or commercially exploit it without our prior written permission.

Purchasing a physical item transfers ownership of that item only. It does not transfer any copyright, trade mark or other right in the music, artwork, photography or design embodied in it.

Third-party links and services

This site links to sites and services operated by others, including our store platform and payment providers. We are not responsible for the content, policies or practices of any third party, and a link does not imply endorsement.

Disclaimer of warranties

Except as expressly stated in these Terms, and except for any warranty that cannot lawfully be excluded, the site and the goods are provided "as is" and "as available", and we disclaim all warranties, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be uninterrupted, timely, secure or error-free.

Limitation of liability

We do not exclude or limit our liability for fraud, for fraudulent misrepresentation, for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded or limited.

Subject to the preceding paragraph, and to the fullest extent permitted by law: our total aggregate liability arising out of or in connection with an order, whether in contract, tort (including negligence), strict liability or otherwise, is limited to the total amount you paid for that order; and we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, data, goodwill or anticipated savings, even if advised of the possibility.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you in full.

Indemnity

You agree to indemnify and hold harmless SoundsGood Presents LLC and its members, officers and employees against any claim, loss, liability and reasonable legal cost arising from your breach of these Terms or your misuse of the site.

Events outside our control

We are not liable for any delay or failure to perform caused by an event beyond our reasonable control, including manufacturing failure at a third-party pressing plant, carrier disruption, industrial action, fire, flood, epidemic, act of government or failure of public infrastructure. Where such an event materially delays an order, we will notify you and you may cancel the affected item for a full refund.

Governing law and venue

These Terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes, are governed by the laws of the State of California, without regard to its conflict of laws rules. The state and federal courts located in the State of California have jurisdiction over any such dispute. Nothing in this section deprives you of the protection of any mandatory consumer-protection provision of the law of the state in which you reside.

General

If any provision of these Terms is held unenforceable, the remainder continues in full force and the unenforceable provision is modified to the minimum extent necessary to make it enforceable. Our failure to enforce a provision is not a waiver of it. You may not assign your rights under these Terms; we may assign ours to a successor to our business. These Terms, together with our shipping policy, refund policy and privacy policy, are the entire agreement between us regarding your order and supersede any prior understanding. There are no third-party beneficiaries.

Changes to these Terms

We may amend these Terms. The version applicable to your order is the version published at the time you placed it. The date shown at the top of this page indicates when these Terms were last amended.

Notices and contact

We give notice to you at the email address on your order. You may give notice to us at info@soundsgoodpresents.com. Order and delivery enquiries should go to store@soundsgoodpresents.com.

SoundsGood Presents LLC.