AEG Live Shop Terms and Conditions
AEG Live Shop Terms and Conditions (Non-Ticket Products)
These Shop terms and conditions (the "Terms") incorporate by reference the terms and conditions that govern your use of the AEG Live site (whose address is www.aeglive.co.uk) (the "Site Terms"). If there is any conflict between these Terms and the Site Terms then the Site Terms will take precedence but only to the extent of such conflict.
The Terms (including the Site Terms) any further terms and conditions referred to or linked to via the Terms) set out the terms and conditions on which we supply any of the products listed on or available via the Shop. For the avoidance of doubt, these Terms do not apply to the purchase of tickets and/or ticket packages.
Please read these Terms carefully before ordering any Products from the Shop. You should understand that by ordering any of our Products, you agree to be bound by the Terms.
1. Your status
By placing an order through the Shop, you hereby represent and warrant:
1.1 You have the full power and authority to enter into and perform under these Terms; and
1.2 You are at least 18 years old; if you are under 18 you may only use the Shop and purchase Products from the Shop with the involvement and consent of a parent or guardian. If you are a parent or guardian of someone under the age of 18 who is using and/or buying Products from the Shop, you agree to these Terms and that you shall be responsible for the conduct and acts and/or omissions of your children in using and/or buying Products from the Shop as if these were your own.
1.3 All details you provide to us for the purpose of ordering or purchasing Products are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Product. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
2. How the contract is formed between you and us
2.1 Please note that the Online shop section of the website you bought from is owned and operated by AEG Live (UK) Ltd and Ticketsolve Limited. AEG Live (UK) Ltd is a company registered in England and Wales with company number 05452230) with its registered office at 29 Great Guildford Street, London SE1 0ES. Ticketsolve Limited is a company registered in Ireland with company number 451337 with its registered office address at 29 Guinness Enterprise Centre, Taylor’s Lane, Dublin 8.
2.2 After placing an order, you will receive an initial e-mail from us (“Initial Email”) acknowledging that we have received your order. Please note this Initial Email does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further e-mail that confirms the Product has been dispatched (the “Confirmation Email”). The contract between us (the “Contract”) will only be formed when we send you the Confirmation Email.
2.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation Email.
2.4 The Confirmation Email will be sent to the e-mail address given in your order form so you should ensure that the e-mail address you give is correct and current. The Confirmation Email will contain all relevant statutory information concerning your contract. You must check that the details on this Confirmation Email are correct as soon as possible and you should print out and keep a copy of it.
3. Our status
3.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller.
3.2 In addition, we may provide links to the websites of affiliated companies and certain other businesses are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. We may also provide links on the Shop to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through the Shop, or from companies to whose website we have provided a link on the Shop, will be of satisfactory quality, and to the full extent permissible by law any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
4. Consumer rights
4.1 Your statutory rights are not affected by these Terms, but (subject to your right to cancel a Contract as set out below) all purchases are non-exchangeable, non-refundable and non-transferable.
4.2 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in Clause 8 below) so long as you return the Products in complete and good/re-sellable order.
4.3 To cancel a Contract, you must inform us in writing either via post to AEG Live, c/-Difference Corp, PO Box 100, Malvern Mill, Waterford Street, Nelson, Lancashire, BB9 4AQ or by email to enquiries@aeglive.co.uk. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.4 NOTE: your rights to cancel a Contract (as set out above) do NOT apply to Products made to your specifications or which have been clearly personalised, or to audio or video recordings which you have taken out of the sealed package in which they were delivered, or for the avoidance of doubt to digital purchases once you have downloaded them.
5. Availability and delivery
5.1 We do not guarantee that all orders placed or received will be accepted. Orders may not be accepted because of, amongst other things, technical difficulties experienced by us. We will do our best to inform you if your order has not been accepted.
5.2 Delivery must be to an address in the United Kingdom.
5.3 We endeavour to deliver your Products within a reasonable period after the date of our Confirmation Email and in any event within thirty (30) days of that date.
5.4 Delivery of Products cannot be guaranteed especially over weekends and public holiday periods.
5.5 Please note that any stated dispatch dates for Products are estimated dispatch dates only. We do not guarantee dispatch on any stated dispatch date, and you should not rely on these dispatch dates as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
6. Risk and title
6.1 Risk in the Products will pass to you from the time of delivery.
6.2 Title in the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1 The price of any Products will be as quoted on the Shop from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs. You will be informed as to all applicable delivery charges before you place your order.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
7.4 The Shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order. If your order is accepted, your credit or debit card will be debited automatically. If your order is accepted, but your credit or debit card is rejected by our systems, we may terminate our agreement without incurring liability to you.
8. Our refunds policy
8.1 When you return a Product to us because you have cancelled the Contract further to Clause 4.2 above (which Product shall be returned to us in complete and good/re-sellable order), we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
8.2 In the unlikely event that we deliver goods which were not what you ordered or which are damaged or defective, or if the delivery is of a quantity different to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the Confirmation Email within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Our liability
9.1 We warrant to you that any Product purchased from us through the Shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Except for our liability further to Clause 9.3 below, our total liability for losses you suffer as a result of any breach by us of these Terms is strictly limited to the purchase price of the Product you purchased.
9.3 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence, any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, liability arising under section 2(3) of the Consumer Protection Act 1987 and/or for fraud or fraudulent misrepresentation.
9.4 TO THE FULLEST POSSIBLE EXTENT PERMISSIBLE BY APPLICABLE NATIONAL LAW, WE DO NOT ACCEPT LIABILITY FOR ANY INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS HOWSOEVER ARISING (AND EVEN IF FORESEEABLE) OUT OF THE USE OF THE SHOP OR FOR ANY PRODUCTS PURCHASED FROM THE SHOP, 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 AND/OR WASTE OF MANAGEMENT OR OFFICE TIME HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.
9.5 WE DO NOT ACCEPT LIABILITY (EXCEPT AS SET OUT HEREIN) FOR ANY ERRORS AND OMISSIONS AND RESERVE THE RIGHT TO CHANGE INFORMATION, SPECIFICATIONS AND DESCRIPTIONS OF LISTED PRODUCTS. WE WILL DO OUR BEST TO CORRECT ERRORS AND OMISSIONS AS QUICKLY AS PRACTICABLE AFTER BEING NOTIFIED OF THEM.
9.6 We attempt to ensure that the information available on the Shop at any time is truthful and accurate. However, we assume no duty to update such information and we cannot guarantee that it will be correct.
9.7 We make no representations or warranties about the fitness for a particular purpose of any of the Products available via any third party seller.
9.8 Where you buy any Product from a third party seller through the Shop, the seller’s individual liability will be set out in the seller’s terms and conditions.
10. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Shop, 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 website. 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.
11. Notices
All notices given by you to us must be in writing and given to AEG Live, 29 Great Guilford Street, London, SE1 0ES or by email at enquiries@aeglive.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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 e-mail that such e-mail was sent to the specified e-mail address of the addressee.
12. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action, Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.
13.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. Waiver
14.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract 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 the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15. Severability
If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These Terms (and any document expressly referred to in them) represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
17. Our right to vary these terms
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
17.3 We may amend these Terms from time to time, and post the new version on the website. When we do so, we will mention the fact on our website. All purchases from the date of posting onwards will be governed by that new version.
18. Law and jurisdiction
These Terms and Contracts for the purchase of Products through the Shop are subject to the laws of England and Wales the Courts of which shall have exclusive jurisdiction.
19. Intellectual Property Rights
All content (including copyright works and trade marks) contained in this web site belongs either to us or is reproduced with the consent of the appropriate rights holder. You may only use or copy the content for the purpose of purchasing Products from us.
20. Exclusion of Third Party Rights
Unless expressly provided in these Terms, no provision of these Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it, and the parties to these Terms may terminate or vary any of the terms without the consent of any third party.
