Mystery Records Limited Webstore Terms and Conditions

(Last updated on 1 February, 2024)

  1. General
  1. These terms and conditions (the “Terms”) govern your relationship (hereafter, “You” or “Your,” individually) with Mystery Records Limited (“Mystery”) when You use Mystery’s online services (the “Services”) via this webstore (this “Webstore”). Wherever You see “Mystery” on the website or in any of the Terms, this means Mystery and any of its affiliates, subsidiaries, or any parent company (including the ultimate parent company) of Mystery and any subsidiary of any such parent company for the time being. From time to time, Mystery may use the services of third parties to assist Mystery in the provision of this Webstore; however, unless otherwise stated, the Services available on this Webstore are provided to You by Mystery.
  2. By purchasing products via this Webstore, you acknowledge that only this Webstore is controlled by Mystery, and You accept and agree to these Terms (which include Mystery’s Privacy Policy) and You agree that this Webstore, including any transaction You make, is subject to these Terms. If You do not agree to these Terms, you may not use this Webstore.
  3. Orders may only be placed via this Webstore. Mystery does not accept orders in any other manner, including via telephone.
  4. You should print a copy of these Terms for future reference.
  5. If You have any questions about these Terms, please contact Mystery by emailing: customercare@mysteryrecords.co.uk
  6. Placing an order via this Webstore may require You to use third-party apps to commence and/or complete Your order. As such, when placing an order via this Webstore, you represent and warrant that You have accepted the terms and conditions of said third-party apps, as applicable.
  1. Changes to These Terms
  1. Mystery may make changes to these Terms from time to time, which will be effective when posted on this Webstore. Mystery will not notify You directly/personally of any changes to the Terms; as such, it is encouraged that You check this Webstore regularly for any updates to these Terms. It is expected that You will read these Terms fully prior to any purchase, and your continued use of this Webstore following the posting of changes will mean You accept those changes.
  2. You will be subject to the policies and Terms in force at the time that You order product(s) from Mystery, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you).

III. Webstore Content

  1. The Services, this Webstore, including, without limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips, digital downloads (“Content”) are owned and controlled by or licensed to Mystery, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of Mystery or such affiliates, licensors and/or licensees.
  2. Unless otherwise specified, this Webstore and Content are for Your personal and non-commercial use only.
  3. You may not, without Mystery’s express written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, 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.
  1. System Requirements
  1. You may not: i. restrict or inhibit any other user from using and enjoying this Webstore or the Services; ii. act in any way that would damage, disable, overburden, or impair this Webstore or the Services or effect or encourage conduct that would constitute a criminal offense or give rise to civil liability; iii. upload, post or transmit to, or distribute or otherwise publish through this Webstore 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; iv. impersonate any person or entity or misrepresent Your affiliation with any other person or entity; v. exploit any information or other material obtained on or through this Webstore for commercial purposes; vi. 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 Mystery cookies for purposes which are unrelated to the Services); vii. attempt to gain unauthorized access to other computer systems through this Webstore or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Webstore; or viii. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore, the Contents or the Services.
  1. Mystery’s Software
  1. Software used to provide the Services (“Software”) is owned by or licensed to Mystery, Mystery’s affiliates or Mystery’s software suppliers. All rights in the Software are the sole and exclusive property of Mystery or Mystery’s suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms, and You acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not: i. use the Software to transmit any content (including the Content) to Mystery or to any other person or entity; ii. sell or otherwise distribute any part of the Software; iii. modify, adapt, translate or reverse engineer any part of the Software; iv. attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorized; v. use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or vi. use the Software for any commercial purpose.
  1. Registration and Passwords
  1. If a particular Service requires You to register with this Webstore or set up an account, you will need to complete a registration process by providing certain information (including Your name, email address and, in some 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 Mystery’s discretion and Mystery may revoke Your password at any time.
  2. 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 Webstore by You or any person or entity using Your password, whether or not such access or use has been authorized by You, and whether or not such person or entity is Your employee or agent.
  3. You must immediately notify Mystery of any unauthorized use of Your password or account or any other breach of security.
  4. Mystery 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.
  5. You are responsible for ensuring that the information Mystery holds is up to date. Please amend your details as appropriate from time to time or email customercare@mysteryrecords.co.uk to notify Mystery of any changes.
  6. You should ensure that your computer meets the minimum technical requirements for the Services, namely an internet, “Java Scripted,” and a cookies-enabled browser. You may be required to install third-party software to access some or all of the Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to Mystery’s the third-party software.
  7. Please see Mystery’s Privacy Policy for further explanation as to how Mystery uses the information Mystery collects from You and how Mystery uses cookies and traffic analysis tools.

VII. Mystery’s Products

  1. This Webstore may allow You to: i. purchase physical products (e.g., apparel and other merchandise); ii. download digital products (e.g., music and videos); iii. purchase mobile products (e.g. music, videos and other Content such as wallpaper, screensavers and logos); iv. download (and/or participate) in online games, at a cost or free of charge; v. stream services to enable You to preview and/or listen to and/or watch music and videos online; and/or vi. subject to any separate specific terms and conditions, offer such services to You on a subscription basis.
  2. Shipping and delivery dates for any and all so-called “limited edition” and/or “pre-order” sales of product(s) are not guaranteed unless otherwise specified.
  3. Returns and/or exchanges will never be accepted for so-called “limited edition” product(s).
  4. Products on this Webstore are limited to the sizes, colours, and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is currently unavailable.
  5. If Mystery decides to offer any additional products on this Webstore, such future products will also be covered by these Terms.

VIII. Placing an Order

  1. By placing an order through this Webstore, you warrant that You are legally capable of entering into binding contracts; and You are at least 18 years old.
  2. If You are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms on Your behalf.
  3. Follow the onscreen instructions on this Webstore to place an order.
  4. Items which You select for purchase, download and/or 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.
  5. Once You have pressed the “checkout” (or similar) button, you will be asked to provide certain information to allow Mystery, or a service provider engaged by Mystery, to process Your order (including Your selected payment method and credit card, PayPal, e-wallet or other payment details).
  6. Mystery cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity. If You wish to cancel Your order and place a new order with different information, products or quantities, please follow the Cancellation Policy (set out in Section XI as applicable, below).
  7. You will receive an order summary confirmation on screen and/or by email (as long as You have provided Mystery with a valid email address) acknowledging that Mystery has received Your order – this does not mean that Your order has been accepted. Your order represents an offer to Mystery to purchase a particular item which is accepted by Mystery only when Mystery sends You an email (“Dispatch Confirmation”) confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing Your digital content.
  8. Mystery may reject, modify or cancel Your order for any reason prior to shipping Your order. If Mystery rejects Your order after payment has already been taken, Mystery will provide You with a refund in accordance with Mystery’s Refund Policy set out in Section XIII (below). Where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) Mystery will refund the relevant element of the order in accordance with Mystery’s Cancellation Policy (set out in Section XI as applicable, below) for that particular product.
  9. Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. Mystery is not liable for delays due to a carrier, regardless of shipping method.
  10. If You have selected a trackable shipping method at checkout, you will receive tracking information via the email You provided with Your shipping information.
  11. Shipping delays will occur if an incorrect address is provided at the time of checkout. Mystery is not responsible for any lost packages due to Your provision to Mystery of an incorrect shipping address at the time of checkout. If the package containing the product(s) You ordered is returned to Mystery due to a shipping error, Mystery will contact You, via the email You provided with your shipping information, for an updated address to send the product(s). If Mystery does not receive a response within ten (10) business days of contacting You, Mystery reserves the right to refund Your order.
  12. If You have ordered multiple items within a single order, Mystery reserves the right to either (i) ship Your order once all items become available to ship or (ii) to split Your order containing multiple items into multiple shipments (“Split Shipping”) at Mystery’s discretion. For some orders, Mystery may offer You the ability to choose Split Shipping during checkout. Split Shipping options may read “Ship Items Separately – As They Become Available” or similar. If You have selected Split Shipping, your items will ship in separate packages as they become available for shipment. Split Shipping is not available for every order and Mystery reserves the right to revoke Split Shipping options at any time.
  13. Mystery may offer expedited shipping options (e.g., Next Day, 2-Day, 3-Day). If You selected an expedited shipping option, your items will ship together in a single shipment when all items become available to ship, or solely at Mystery’s discretion, Mystery may split Your order into separate shipments, as items become available. Split Shipping is not available at Your option during checkout for expedited orders. Mystery reserves the right to revoke expedited shipping options at any time. PLEASE NOTE: expedited shipping timelines are the carrier’s timelines from the date the items are ready to ship from Mystery’s warehouse facilities. For preorders, expedited shipping is based upon when the preorder period is over, and the items are ready to ship. These timelines may vary. The timeline for a preorder will be available via the product page. You should read all product descriptions thoroughly for all applicable details and You should ensure You understand all preorder and shipping timelines prior to selecting Your shipping method.
  1. General Disclaimer
  1. Unless otherwise specified, product prices already reflect discounts. All offers are limited to stock on hand; no rain checks or vouchers are available unless otherwise noted. Not valid on prior purchases, gift cards, gift certificates, taxes, shipping, or handling and processing charges. Purchaser must pay applicable sales tax, VAT, and/or other taxes as applicable. Offer may not be combined with any other sale, promotion, discount, code, promo, coupon, and/or offer. Promotions have no cash value. The offer cannot be sold, transferred, or otherwise bartered. Void where prohibited, taxed, or otherwise restricted. Returns or cancellations of any portion of a purchase require equal forfeiture of the offer or amount equal to the offer. Mystery has the right to end or modify any promotion at any time at its sole discretion. Other restrictions may apply. Offers only apply to the United Kingdom unless otherwise noted.
  1. Payment
  1. Mystery may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, and other e-wallets. Prices appear on this Webstore and exclude sales tax unless otherwise stated. Mystery may change the prices for products at any time by posting new prices on this Webstore.
  2. By paying with Your credit or debit card or any other payment method, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
  3. Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total amount and will be calculated and displayed on screen prior to You submitting Your payment details or finalizing your order. Typically, the purchase will appear on Your credit card or bank statement under the applicable artist or store name, or as Mystery, or under the name of an applicable technology vendor (such as “Shopify”). If You have any questions about what to expect on Your credit card statement, please contact customercare@mysteryrecords.co.uk.
  4. It is always possible that, despite Mystery’s best efforts, some of the items listed on this Webstore may be incorrectly priced. Mystery will usually verify prices as part of Mystery’s dispatch procedure so that, where a product’s correct price is less than Mystery’s stated price, Mystery will charge the lower amount when dispatching the product to You. If a product’s correct price is higher than the price stated on this Webstore, Mystery will usually, at Mystery’s discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You of such rejection. Mystery is under no obligation to provide the product to You at an incorrect (e.g., lower) price, even after Mystery has sent You a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognized by You.
  5. Billing to Your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of Your purchase or soon afterwards.
  6. Mystery may use a third-party service provider to process payments but will ensure that any payment processor engaged by Mystery will use security to encrypt credit or debit card data.
  7. Mystery will check all transactions for signs of fraud and may use a third-party service provider to do so. If Your order is flagged for fraud, your order will be delayed, and eventually a representative will contact You to verify Your information. Please contact customercare@mysteryrecords.co.uk with any questions related to Your order if You are notified it is flagged for fraud.
  1. Cancellation, Delivery, and Usage Rules
  1. Digital Content
  1. Cancellation – If You order digital content to download or stream, you will have a cancellation period of fourteen (14) days in which to cancel Your order for any reason. However, if You decide to download or stream Your product before the end of these fourteen (14) days, then You will lose this cancellation right. When Mystery delivers You the link to download or stream Your content, Mystery will make it clear that by clicking on that link You are giving up these cancellation rights. If You are ordering digital content that is provided on a physical CD or DVD, the usual cancellation terms apply as set out in paragraph XI(2) below.
  2. Delivery – Each download item made available to or purchased by You can be accessed via the relevant area of this Webstore using Your login details and/or following the instructions provided onscreen or via email. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorized by following the instructions provided onscreen or via email. Mystery reserves the right to send digital and/or physical goods in partial deliveries (i.e., You may receive multiple packages or links related to a single order).

iii. Usage Rules – You may purchase downloads or stream digital content (as applicable) for Your personal and non-commercial use only. In the event You experience any problems in downloading the relevant download item, Mystery will allow You to subsequently attempt to download the relevant download item. In the event You experience any problems when downloading, please contact customercare@mysteryrecords.co.uk. Please note, Mystery may withdraw products from this Webstore at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for Your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products. Digital rights management software may be used from time to time to prevent any unlawful use.

  1. Technical Problems and Faulty Products (digital products) – If digital content that You download is defective or faulty, please let Mystery know as soon as possible (by contacting Mystery at customercare@mysteryrecords.co.uk) that the digital content is indeed defective. Mystery will first attempt to repair or replace the relevant product at Mystery’s cost within a reasonable timeframe if it is reasonably possible to do so. If a repair or replacement is not possible, Mystery will refund You for either the full or partial cost of the product as appropriate. If Mystery agrees to a refund, Mystery will refund the sum agreed within fourteen (14) days of confirming to You that You are entitled to a refund.
  1. Physical Products
  1. Cancellation – If You order physical products, you have the right to cancel Your order within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the goods. To exercise the right to cancel, you must inform Mystery of your decision to cancel this contract by a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model cancellation form, but it is not obligatory.
  2. Effects of Cancellation – If You cancel this contract, Mystery will reimburse to You all payments received from You, including the costs of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by Mystery). Mystery may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by You.

iii. Returning Goods – If You cancel this contract, you will have to return the goods to Mystery or arrange for Mystery to collect them. You must send back the goods or hand them over to Mystery without undue delay and in any event not later than fourteen (14) days from the day on which You communicate your cancellation from this contract to Mystery. The deadline is met if You send back the goods before the period of fourteen (14) days has expired.

  1. Cost of Returning Goods – You will have to bear the direct cost of returning the goods.
  2. Missing Items or Damaged Products – If You receive products that are damaged, defective or missing from Your order, please contact Mystery at customercare@mysteryrecords.co.uk.
  3. Return Address – You should return the goods to Mystery using the address provided by Mystery in connection with any return of goods, which may be different from the contact address for Mystery provided in the “Contact” section of this Webstore.
  1. Physical and Digital Hybrid Products
  1. If You have ordered a product that is a combination of digital and physical goods (a “hybrid product”), the usual cancellation rights apply to the relevant physical component of the product as set out in paragraph XI(2) above.
  2. As regards the digital component of any hybrid product, Mystery may start to supply You with access to the digital component immediately upon Mystery’s acceptance of Your order. However, in the event that You download the digital component of a hybrid product before the end of the relevant cancellation period (14 days), then You lose Your right to cancel the order.

iii. Notwithstanding anything to the contrary in these Terms, you are not entitled to cancel any order in relation to any hybrid product where You have already started to download the digital component before the expiry of the relevant cancellation period.

XII. Faulty or Misdescribed Goods

  1. Mystery will provide goods that are free from defects in materials and workmanship and of satisfactory quality.
  2. As a consumer, you have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by these Terms. Advice about Your legal rights are available from Your local Citizens’ Advice Bureau or Trading Standards office.
  3. Please contact Mystery at customercare@mysteryrecords.co.uk if You wish to exercise Your legal rights to reject goods which are faulty or misdescribed.

XIII. Refund Policy

  1. Digital and Physical Products – You have the right to cancel an order for digital or physical products up to the point that the relevant product has been dispatched to You. However, once the relevant product has been dispatched to You, the relevant product cannot be cancelled. You can request a refund for any goods that have been dispatched to You by contacting Mystery at customercare@mysteryrecords.co.uk. Mystery will provide You with a refund of the price paid in accordance with these Terms.
  2. Refund Timeline – Your refund will be processed as soon as possible and in any event within fourteen (14) days of the day that the relevant goods were received by Mystery. Please note that it may take up to five (5) additional business days for Your refund to be credited to Your bank account or payment card once Your refund has been processed.
  3. Partial Refunds – If You have cancelled an order for physical goods under the cancellation provisions of paragraph XI(2) above, Mystery will refund You the cost of the relevant goods and the cost of standard delivery. However, if You chose an enhanced delivery option (e.g., next-day delivery or expedited shipping) and You cancel Your order in whole or in part, you will be refunded the cost of standard delivery only.
  4. Downloaded Content – Refunds will not be offered for digital content that has been downloaded or streamed (either wholly or partially) by You.
  5. Sale Items – Sale items are final sale and may not be returned, exchanged, or refunded unless the item is defective or damaged.
  6. Mystery will refund any money received from You using the same method originally used by You to pay for the purchase.
  7. Refunds are offered at the discretion of Mystery Records Limited.

XIV. General

  1. Mystery reserves the right to update, modify, suspend, or discontinue this Webstore or the Services (or any part thereof) at any time without notice to You.
  2. These Terms and any document expressly referred to in them represent the entire agreement between You and Mystery and supersede any prior agreement, understanding or arrangement between You and Mystery, whether oral or in writing.
  3. Mystery reserves the right to amend these Terms at any time. Any changes Mystery makes will be effective immediately on notice, which Mystery may give by posting the amended Terms on this Webstore or by any other means of communication that Mystery deems appropriate.
  4. Failure by Mystery to enforce any of these Terms will not be considered a waiver of Mystery’s right to enforce them.
  5. If any provision of these Terms is held to be invalid, void, unenforceable, or illegal for any reason, such provision shall be deemed to be severed from these Terms and the remaining provisions shall continue in full force.
  6. Your purchase will be deemed to have occurred in the UK. These Terms are governed by and will be construed in accordance with English law. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
  7. If You have any queries, please contact customercare@mysteryrecords.co.uk.
  1. Returns
  1. To return a product to Mystery, please follow the instructions provided to you by Mystery’s customer service.
  2. Return requests for physical products are handled on a case-by-case basis and are in Mystery’s sole discretion.
  3. Mystery reserves the right to deny any return request.
  4. You are responsible for ensuring that Mystery receives the returned product, and for all shipping and handling costs associated with returning the product.
  5. If a product is accepted for return, Mystery will provide You with a refund of the price paid in accordance with these Terms.
  6. All items must be returned in the original condition received, including any accessories or free gifts.
  7. If You have any questions about returns, please contact customercare@mysteryrecords.co.uk.

XVI. Your Privacy

  1. Your privacy is important to Mystery. Please read Mystery’s Privacy Policy, available on this Webstore, which explains how Mystery will collect and process Your personal information, who may have access to Your personal information, and Your choices regarding the personal information You provide to Mystery.
  2. You agree that all information that You provide to Mystery is true, accurate, and complete, and You will maintain and update such information regularly. If You choose to make any of Your personal information public on this Webstore, you do so at Your own risk.
  1. Physical Products
  2. Cancellation

a.) Unless otherwise stated upon placing Your transaction in the product description, or in the checkout, you may cancel Your purchase of physical products at any time prior to the product being shipped to You, for any reason, by emailing a notice of cancelation to customercare@mysteryrecords.co.uk, prior to receiving a shipping confirmation. If Your item has already shipped, you may return the item for store credit within five (5) days of receiving the product for any reason, provided that You follow the specified instructions from Mystery Records Limited (Mystery) regarding returns. In this case, you will receive a full refund of the price paid for the product(s) in accordance with Mystery’s Refund Policy set out in Section XIII below. For clarity, where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) and Mystery has begun the process of delivering Your digital product order, Mystery will refund the relevant physical element of the order in accordance with Mystery’s Cancellation Policy as set out in this Section XI(2). Where You order multiple items that are delivered in separate batches, your fourteen (14) day cancellation period does not begin until the day after the last item has been received by You.

b.) To cancel in accordance with the terms herein, you must inform Mystery clearly. Mystery recommends emailing customercare@mysteryrecords.co.uk with a clear “Notice of Order Cancelation” and Your order number in the subject line of the email. Please return the product to Mystery immediately in the same condition you received it (at your own cost and risk), following the specific return instructions You receive. You have a legal obligation to take care of the product while it is in Your possession. If You fail to do so, Mystery may have a claim against You for reimbursement for any damage caused by You to the product.

c.) Further details, including an explanation of how to exercise Your right to cancel, may be provided in the Dispatch Confirmation for physical goods. Details of Mystery’s Refund Policy can also be found at Section XIII.

d.) Note, this right to cancel does not apply:

1.) where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;

2.) where the product has been made to Your specification;

3.) to digital content (see Sections XI(1) above);

4.) where the product, by reason of its nature, cannot be returned, or is billed is a “Final Sale” or part of an “All Sales are Final” offer in the applicable product description or checkout page;

5.) Limited addition merchandise or other memorabilia; and

6.) Merchandise that has been worn, washed or in any way damaged by the consumer.

  1. Delivery

Mystery will make best efforts to fulfil Your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation; however, it is understood that circumstances outside of Mystery’s control may delay fulfilment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.

iii. Risk and Title

Products purchased will be at Your own risk of loss from the time of delivery. Ownership of the products will only pass to You when Mystery receives full payment of all sums due in respect of the products, including delivery charges.

XII. Damaged, Incorrect or Incomplete Orders

  1. If Your order arrives damaged, incorrect, or incomplete, please contact Mystery at customercare@mysteryrecords.co.uk.
  2. Damaged

If your ordered product(s) arrive damaged, photograph evidence will need to be attached to Your email to Mystery. Once Mystery receives the photographs, Mystery will issue You a return label via email. Once the damaged product(s) are shipped back to Mystery, and Mystery obtains possession of said product(s), Mystery will provide You with replacement product(s).

  1. Incorrect

If your ordered product(s) arrive and the product(s) is/are not what You ordered; once You contact Mystery notifying Mystery that You received incorrect product(s), Mystery will issue You a return label via email. Once the incorrect product is shipped back to Mystery, and Mystery obtains possession of said product(s), Mystery will provide You with a replacement product.

  1. Worn or Washed

Mystery will not provide return labels, nor be responsible, for any product that has been worn or washed.

XIII. Refund Policy

  1. If You cancel Your purchase of products as detailed in Section XI above, Mystery will process the refund due to You as soon as possible. In such an event, Mystery 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 the returned product. 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 Mystery. For clarity, where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) and Mystery has begun the process of delivering the digital part of Your product order, Mystery will refund the relevant element of the order in accordance with Mystery’s Cancellation Policy (as set out in Section XI as applicable) for that particular product.
  2. If You seek to cancel Your purchase because You claim that the product is defective or that there has been damage or error on Mystery’s part, Mystery will examine the returned product and will notify You of Your refund or otherwise via email within a reasonable period of time.
  3. In the event that Mystery has to cancel Your order after payment has been received from you, Mystery will notify You of Mystery’s need to cancel Your order and supply You with a refund as soon as possible.
  4. 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 Mystery.
  5. Mystery will attempt to process any refund using the same method originally used by You to pay for Your purchase. If You use a gift card to make your purchase, or any other prepaid method, you may receive credit back to the applicable gift card or prepaid method; because of this, you are expected to keep any gift cards or prepaid methods pursuant to making a purchase to ensure You receive credit upon any refund.

XIV. Technical Problems

  1. Occasionally, technical problems may delay or prevent delivery of a purchased product. In such an event, your sole remedy will be either a replacement product or a refund, as determined by Mystery or the relevant third-party supplier as appropriate.
  2. Mystery will not be liable to You for failures, defects, or delays in delivery caused by:
  1. Your provision of incorrect information;
  2. Your computer failing to meet the minimum technical requirements for the Services;

iii. Your failure to comply with instructions for the use of the Services; or

  1. an event that is outside of Mystery’s reasonable control.
  2. International Orders; Import Duty
  1. Products ordered from this Webstore for delivery outside the United States may take up to eight (8) weeks from the ship date to arrive at the designated destination.
  2. Products ordered from this Webstore for delivery outside the United States may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You acknowledge that You may be listed as the declarant on any customs declaration(s) associated with Your order(s), as applicable. You will be responsible for payment of any such import duties and taxes. Further, you shall be responsible for any local pickup or specified delivery with Your local postal service. Mystery has no control over these charges and local requirements and cannot predict their amount. Please contact Your local customs office and post office for further information before placing Your order.
  3. You must make sure that You comply with all applicable laws and regulations of the country for which the products are destined. Mystery will not be liable for any breach by You of any such laws.

XVI. Games

  1. Mystery may from time to time provide access via this Webstore to games, applications, and other such features (the “Games”) that may be accessed by You subject, in addition to the Terms, to the following specific provisions:
  1. Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible via this Webstore (collectively the “Materials”) are the property of Mystery Records Limited, or its suppliers, and are protected by the United States’ and international copyright, trademark, and other relevant intellectual property and proprietary rights laws.
  2. You may access and use the Games and the Materials only for Your personal and non-commercial use and, if applicable, in accordance with the terms of the end-user license agreement that accompanies or is included with the Games and which is incorporated into these Terms by reference.

iii. Except as expressly authorized by Mystery in writing, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute, or otherwise use the Games or the Materials for any other purpose.

  1. You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mystery without first obtaining Mystery’s express written consent.
  2. You may not use any meta tags or any other “hidden text” using Mystery’s name or trademarks without Mystery’s express written consent. Any unauthorized use immediately terminates the permission or license granted by Mystery.
  3. You agree that Mystery in its sole discretion may terminate, modify, delete, or suspend Your access to the Games, or any part thereof, with or without notice to You. In the event of termination for any breach of these Terms, all unused credit if applicable, and/or other aspects of Your Games account will be forfeited.

vii. Mystery’s the Games are subject to all other Mystery policies and rules posted on this Webstore, including Mystery’s Privacy Policy. Mystery reserves the right to make changes to the Games, the policies, the rules, and these terms at any time.

viii. When You access the Games, you are communicating with Mystery electronically. You hereby consent to receive such electronic communications.

  1. The Games are provided on an “as is” and “as available” basis. Mystery makes no representations or warranties of any kind, express or implied, as to the operation of the Games or the information, content, materials, or products included on or accessing/downloading from this Webstore. You expressly agree that You are accessing/downloading the Games at Your sole risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading of any such information, content, material, or products. Mystery does not warrant that the Games, its servers, or any electronic communications sent to You are free of viruses or other harmful components.

XVII. Ticket and Event Pre-Sale Terms

  1. Mystery may from time to time sell access to certain pre-sale opportunities for tickets and events. Such Pre-Sale Access may be bundled with merchandise and other offers.
  1. Access to obtain tickets before the general public (“Pre-Sale Access”) does not guarantee a ticket but is an opportunity to obtain tickets as part of a pre-sale offering.

iii. Pre-Sale Access is controlled by third-party entities, and Mystery and related parties have no control or liability in relation to such third-party ticket offers.

  1. Pre-Sale Access to tickets will only be available online. No direct phone, e-mail, or mail orders will be accepted.
  2. Pre-Sale Access tickets are sold as outlined in the pre-sale announcement and access, and ticket prices may vary. No changes can be made to the quantity or type of tickets available. Additional limitations may apply.
  3. Mystery does not guarantee Pre-Sale Access to any additional shows added after a pre-sale announcement.

vii. Pre-Sale Access sales are final. There will be no refunds, exchanges, or name transfers for Pre-Sale Access. You should only purchase Pre-Sale Access for shows You are certain You can attend.

vii. You may not resell Your Pre-Sale Access to another party. Reselling Pre-Sale Access can result in the revocation of the Pre-Sale Access itself, in addition to future ticket privileges.

XVIII. Termination

  1. Mystery may, in Mystery’s sole discretion, terminate Your password, account (or any part thereof if any) or use of this Webstore without notice if (i) You are in breach of these Terms; or (ii) if Mystery believes, in Mystery’s absolute sole discretion, that the Services, the Content, or the Software, is unsuitable.
  2. Termination, suspension, or cancellation of Your access rights shall not affect any other right or relief to which Mystery may be entitled, at law or in equity.
  3. Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to Mystery and Mystery’s licensors (save for any continuing rights which You may have in connection with products which You have purchased from this Webstore).

XIX. Warranty; Liability

  1. Mystery warrants to You that any goods purchased from Mystery through this Webstore are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
  2. With respect to the sale of certain merchandise or auctions to residents of the State of California, pursuant to California Civil Code, Title 1.1A, Autographed Memorabilia, Cal Civil Code § 1739.7 (2017): SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN EXPRESS WARRANTY AT THE TIME OF SALE AND A THREE-DAY RIGHT OF RETURN. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY AUTOGRAPHED COLLECTIBLE SOLD BY THIS DEALER.
  3. In relation to Mystery’s supply of products via this Webstore (including both digital and physical products) Mystery’s liability for losses which You suffer is strictly limited to the purchase price paid by You. Mystery is not responsible for indirect losses which are not foreseeable by You and Mystery (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
  4. Mystery shall not be liable for any damages of any kind arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or consequential loss, including lost profits, goodwill or any other intangible loss, even if Mystery has been advised of the possibility of such loss. If You are an individual consumer, this may not apply to You and instead Mystery will be liable to You only for the direct and actual loss suffered by You and will not be liable for any indirect, incidental and/or consequential loss, even if Mystery has been advised of the possibility of such loss.
  5. You agree to indemnify Mystery, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors, and employees from any claim or demand made by any third party due to, arising out of or related to Your breach of these Terms, misuse of the products, or Your violation of any applicable law, rule, regulation, or third party right.
  6. This Section does not in any way limit or exclude Mystery’s liability for any matter for which it would be illegal for Mystery to exclude or attempt to exclude, Mystery’s liability.
  1. Transfer Rights and Obligations
  1. The agreement between You and Mystery created by these Terms (the “Agreement”) is binding on You and Mystery and on Mystery’s respective successors and assigns.
  2. You may not transfer or assign, charge or otherwise dispose of the Agreement or any of Your rights or obligations arising under it without Mystery’s prior written consent.
  3. Mystery may transfer, assign, charge or sub-contract the Agreement or any of Mystery’s rights or obligations arising under it at any time during the term of the Agreement, provided that Mystery remains primarily liable for Mystery’s obligations under the Agreement where applicable.

XXI. Events Outside Mystery’s Control

  1. Mystery will not be liable or responsible for any failure to perform or delay in performance of any of Mystery’s obligations that is caused by events outside Mystery’s reasonable control. Mystery’s performance under these Terms is deemed to be suspended for the period that any such event continues, and Mystery will have an extension of time for performance for the duration of that period. Mystery will use Mystery’s reasonable efforts to find a solution by means of which Mystery’s obligations may be performed despite such event.

XXII. Resolving Disputes Between You and Mystery

  1. Mystery aims to help You with any queries or complaints You may have with the services and goods Mystery provides. Email Mystery at customercare@mysteryrecords.co.uk with any questions or issues.

XXIII. Miscellaneous

  1. These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between You and Mystery and supersede and extinguish any prior understandings, agreements, or terms between You and Mystery.
  2. The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
  3. No breach by either You or Mystery of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
  4. No failure or delay by either You or Mystery in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either You or Mystery of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
  5. These Terms shall be binding on and endure for the benefit of each party’s successors in title.
  6. The views and opinions expressed on this Webstore do not necessarily reflect those of Mystery and its Affiliates.

XXIV. Governing Law and Jurisdiction

  1. These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, and You and Mystery hereby irrevocably submit to the non-exclusive jurisdiction of the United Kingdom, New York County, as regards to any claim or matter arising in relation to these Terms.
  2. Please note, you must comply with all applicable laws and regulations of the country for which the products are destined. Mystery will not be liable for any breach by you of any such laws.

XXV. Communication

  1. Applicable laws require that some of the information or communications Mystery sends to You should be in writing. When using this Webstore, you accept that communication with Mystery will be primarily communicated electronically. Mystery will contact You by email or provide You with information by posting notices on this Webstore. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information, and other communications that Mystery provides to You electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
  2. All legal notices given by You to Mystery must be given to Mystery at the address set out below or the following email address: legalnotices@mysteryrecords.co.uk. Mystery may give notice to You at the email or postal address You provide to Mystery when placing an order or registering with this Webstore, or by posting the notice on this Webstore. Notice will be deemed received immediately when posted on this Webstore, twenty-four (24) hours after an email is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
  3. If You have any queries about these Terms, this Webstore, or any of Mystery’s Services please contact: customercare@mysteryrecords.co.uk. Mystery’s notice address is: Mystery Records Limited 27 Old Gloucester Street, London, WC1N 3AX,