General:

www.purplemusic.ch is a Site operated by Purple Music. We are registered in Switzerland company number CH-020.1.045.289-1. Our registered office is at Stockemerbergstrasse 34, 8405 Winterthur. Purple Music is not subject to VAT.

Access to and use of www.purplemusic.ch (the “Site”) is provided by Purple Music subject to the following terms and conditions (the “Terms of Use”). Please read them carefully.

By using the Site, you acknowledge that you have read and understood these Terms of Use; use of the Site constitutes your acceptance of these Terms of Use which take effect on the date which you first use the Site. We reserve the right to change these terms at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of the Site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. If at any time you do not accept the Terms of Use, please do not use the Site.

All rights, including copyright, in the content of the Site are owned or controlled for these purposes by Purple Music.

Save as expressly outlined herein, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Site for any other purpose whatsoever without the prior written permission of Purple Music in each and every instance.

Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use and provided further that you neither change nor delete any author, attribution, trade-mark, legend or copyright notice. When you download materials, you do not obtain any ownership rights to any of the intellectual property in those or any other materials. Any other use requires the prior written permission of Purple Music. You agree not to adapt, alter or create a derivative work from any of the material contained in the Site or use it for any other purpose other than for your personal non-commercial use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit (whether for commercial gain or otherwise) any content from the Site without our prior written consent and without the prior written consent of all other entities with an interest in the relevant intellectual property.

You agree to use the Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site.

The Site and the information, names, images, pictures, logos and icons regarding or relating to Purple Music, its products and services (or to third party products and services) are provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made and without any guarantee and/or warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Whilst Purple Music takes reasonable steps to ensure the quality of content and information made available on the Site in general terms (other than content and information provided by the users of the Site) neither its officers, employees, contractors or content providers assume any responsibility for the accuracy, correctness, relevance, completeness or currency of the information or other content on the Site.

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site. Purple Music does not warrant that the functions contained in the material contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs or other harmful components or represents the full functionality, accuracy, reliability of the materials. You should take appropriate precautions to ensure that any content that you download is free of such viruses, bugs and other harmful content.

The names, images and logos identifying Purple Music or third parties and their products and services are proprietary marks of Purple Music and/or third parties. All rights reserved. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of Purple Music or any other third party. You acknowledge that we own and/or control trade marks on the Site and you may not use any of them without our prior written permission.

The Terms of Use apply only to the Site and not to any of the sites which the Site hyperlinks to.

We assume no responsibility whatsoever for websites that the Site either hyperlinks to or otherwise refers to. In particular, we do not assume any responsibility for any information or content on such sites (including but not limited to any views, advice, opinions, advertising or recommendations). Nor do we assume any responsibility in connection with any product or service such sites may offer. Under no circumstances will Purple Music, its officers, employees, contractors or content providers be liable, directly or indirectly, for any loss or damage resulting from you accessing or using, or otherwise in connection with, any website either hyperlinked to or otherwise referred to on the Site. Links do not imply that Purple Music endorses, is affiliated or associated with any linked site or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Purple Music or any of its affiliates or subsidiaries.

We control and operate the Site from our office in Switzerland. We do not represent that the content or other information provided on the Site (including any advertising, promotion or any service) are appropriate, relevant or available for use outside Switzerland. If you choose to access the Site from locations outside Switzerladn, you so do on your own initiative and are responsible for compliance with local laws.

In accessing the Site, you agree not to:

I. make available or upload any files that contain software or other material, data or information not owned or licensed to you;

II. interfere, disrupt access to or damage the Site and/or do anything which may restrict, inhibit or impair its operation;

III. threaten, stalk, harass, abuse or otherwise insult others or to collect or store personal data about others (including but not limited to names and addresses);

IV. use the Site in any way that may damage or disrupt another person’s computer and/or for the transmission, uploading or posting of any computer viruses or other harmful files or programs (including but not limited to making available, distributing or uploading by any means any material or files that contain any viruses, bugs, “trojan horses”, “worms” or other harmful software);

V. transmit, post or upload any material which is defamatory, offensive, libellous, racist, indecent, obscene and/or of menacing character or in such a way as to cause inconvenience, annoyance or anxiety;

VI. make any commercial or business use of the Site or resell or commercially benefit from any part or aspect of the Site;

VII. use the Site in any way that violates and/or infringes any firm’s, person’s or company’s rights (including by not limited to copyright or confidentiality);

VIII. create a false identity for the purpose of misleading others as to the identity of the sender or origin of a message/post;

IX. to transmit, upload, post or otherwise make available any unauthorised or unsolicited advertising, chain letters, promotional materials, “spam” or any other unauthorised solicitation or any form of lottery or gambling;

X. use the Site for any unlawful purpose.

Save as set out in these Terms of Use, we do not control the content posted by you and/or other users of the Site and as such do not guarantee the integrity, accuracy or quality of such content. By using the Site you acknowledge that you may be exposed to content that is objectionable or offensive. You acknowledge and accept that we do not generally examine or edit the use to which you or others put the Site or the nature of the content being accessed.

In some parts of the Site (including but not limited to the blog section) you may send your contributions and we welcome these. However, notwithstanding anything else contained in these Terms of Use, when you do so you must:

I. ensure that there is nothing in your contribution which is or might be regarded as harassing, threatening, abusive, vulgar, obscene, defamatory, racist or otherwise unlawful;

II. agree that even if your contribution is published on the Site, it may be removed from the Site or edited at any time for any reason and without notice;

III. agree that Purple Music may publish your contribution on the Site worldwide and that it may be accessed and downloaded by other visitors; and

IV. waive all so-called moral rights (or other similar rights) in relation to your contributions. 

You acknowledge that by posting, uploading or sending any materials to us you thereby grant us and our licensors and assigns an irrevocable, unconditional, perpetual, royalty free, worldwide licence to use such material(s) or any part of it both within the Site and in any other manner which we may determine in or sole discretion. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

I. any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

II. any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and 

III. any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.

In addition to the above, you agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Site which are brought or threatened against us by any other person/company. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms of Use or any use of the Site by you. You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Site, you shall pursue such right, claim or action independently of, and without recourse to us.

We reserve the right immediately to terminate your use of the Site if you breach or we have reasonable grounds to believe that you are likely to breach the Terms and Conditions or you otherwise engage in conduct which we determine (in our sole discretion) to be unacceptable.

Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.

Purchasing Terms & Conditions:

This section (together with the documents referred to on it) sets out the terms and conditions on which the products available www.purplemusic.ch (the Site) are supplied.

Please take time to look through these Terms and Conditions carefully. You should understand that by ordering any of our products or services, you agree to be bound by these terms and conditions. If you have any questions, or if you want to clarify anything, please contact customer services through one of the methods detailed in the Customer Services section on the Site.

You should print a copy of these terms and conditions for future reference.

When you place an order we will send you an email confirming our acceptance of the order. It is only when you receive this email that a contract is formed between us and you.

We will send you a further email when your goods are dispatched.

By placing an order through our Site, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.

All products on our Site are offered subject to stock availability.

You can make changes to your order at any time up to the point that you submit your order after entering your payment details. Changes to orders after that point are dealt with through the returns/re-ordering process described below.

The prices of any product will be as quoted on our site from time to time except in cases of obvious error.

These prices are exclude delivery costs (if applicable) which will be added to the total amount. Delivery costs are added to your order when you review your basket and are re-calculated based on any new information you enter during the checkout process.

There is always the chance that a product might appear on our Site with the wrong price. We verify prices as we process your order, and in the case where the price is lower than the price quoted on the Site, we will charge you the lower amount. If the price is higher than the price on the Site, we will either, at our sole discretion, charge you the lower price, or reject the order and contact you for further instructions.

We have no obligation to supply incorrectly priced products to you, even after we have sent an order acknowledgement email, if the pricing error is obvious and could reasonably have been recognised as such.

Payment can be made by PayPal.

All delivers outside Switzerland will send by the Swiss Post Service as registered shipment.

If an item fails to arrive at its destination, please allow 30 days before contacting us.  As per Swiss Post’s terms, an item is not classed as lost until 30 working days from dispatch.

We will do our best to make sure your order reaches you in the timescales set out above. We cannot, unfortunately, be responsible for anything unexpected that affects our delivery partner. It is not customary for us to refund delivery charges under these circumstances.

If you order products from our Site for delivery outside Switzerland, they 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. Please note that 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.

Please also note that you must 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 any such laws.

Returns Policy:

Naturally, we hope you’ll be delighted with the products you purchase from us. If for any reason you want to return anything, you can, within 30 days from the day that you receive the products.

We cannot be responsible for any goods that we do not receive, so we suggest that you send any returns back to us using some form of guaranteed delivery that requires a signature.

Once an order has been placed (you have completed the order online and we have sent you an Order Acknowledgement email) it cannot be stopped. Any errors must be corrected using this returns process.

When you return a product to us:

Because you have cancelled the contract within 30 days of receipt in accordance with the terms above, we will process the refund due to you, including a refund of the delivery charges for sending the item to you (if applicable), as soon as possible and, in any case, where the return is by post, within 30 days of the day you have given notice of your cancellation.

for any other reason (for instance, because you have notified us that you do not agree to any change in these terms and conditions or because you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. 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 usually refund any money received from you using the same method originally used by you to pay for your purchase.

Products returned to us must arrive in the same condition in which you received them and in re-saleable condition. That means:

– luggage must be unused and in the packaging it was sent in

– the seals on fragrance must be intact, including the seal on the box

– CDs must be in perfect condition, including the seal on the packaging

If products are returned to us in a non-re-saleable state we will refuse to accept the goods and you may have to compensate us.

The products will be at your risk from the time of delivery.

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products (including the delivery charge)

Click here to view our Privacy Policy. By using our Site, you agree to the terms of this policy.

Please note that colours of products which are displayed on the Site will depend on the monitor you use, so it is impossible to guarantee that the product you receive will be an exact colour match of the product you order from our Site. Covers of the vinyl-records can be different as displayed on the website.

Faulty products that you notify us about within a reasonable timescale after delivery are eligible for an exchange or refund (subject to our confirmation of the fault). Please see Returns Policy (above).We have no further liability to you other than the exchange or refund of the products.

This does not affect your statutory rights.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.

This does not include or limit in any way our liability:

– For death or personal injury caused by our negligence;

– For fraud or fraudulent misrepresentation; or

– For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

– loss of income or revenue

– loss of business

– loss of profits or contracts

– loss of anticipated savings

– loss of data loss of data, or

– waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise.

Where you buy any product from a third party seller accessed via a link from our site, the seller’s individual liability will be set out in the seller’s terms and conditions.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving our employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.

If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.

The whole agreement between us and you is contained within these terms and conditions and the other notices on our Site. No other agreements will form part of the contract between us and you unless agreed in writing and signed by an authorised Purple Music signatory.

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order products from us.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract. Your statutory rights will be not be affected by any transfer or assignment.

If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under this agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Contracts for the purchase of products through our Site are governed by Swiss law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdictionof the courts of Switzerland.

Competitions:

No purchase necessary.

Only one entry per person.

All qualifying entrants who answer the question correctly will be placed in a free prize draw.

Winners will be notified within 28 days of the draw taking place.

There is no cash alternative to the prize.

The competitions are run by Purple Music.

The competitions are not open to anyone associated with Purple Music or any associated companies.

The judges’ decision is final and no correspondence will be entered into. No responsibility can be accepted for entries which are not properly received due to communications beyond our control.

All prizes are subject availability.

Unless otherwise stated, all transport is the entrant’s responsibility.