Overview

This website is operated by Custom Vinyl Music. Throughout the website, the terms “we,” “us,” and “our” refer to Custom Vinyl Music.

Custom Vinyl Music offers this website, including the information, tools, products, and services available through it, subject to your acceptance of these Terms of Service and all policies and notices referenced in them.

By accessing the website, using any part of it, or placing an order, you agree to these Terms of Service, our Refund Policy, Privacy Policy, and any additional terms presented during the ordering process.

These Terms apply to all website users, including visitors, customers, and persons who submit content through the website.

Please read these Terms carefully before using the website or placing an order. If you do not agree to these Terms, you must not use the website or purchase our products or services.

Our store is hosted by Shopify Inc., which provides the e-commerce platform through which we offer our products and services.

Section 1 — Eligibility and Lawful Use

By using this website or placing an order, you confirm that you are legally capable of entering into a binding contract under the laws applicable to you.

You may not use the website, our products, or our services for any illegal or unauthorized purpose.

You must comply with all applicable laws, including copyright, trademark, privacy, publicity, data-protection, and other intellectual-property laws.

You must not upload, transmit, or introduce viruses, malicious code, or any material intended to interfere with the website or its operation.

We may suspend or terminate access to the website where these Terms are violated.

Section 2 — General Conditions

We reserve the right to refuse, suspend, or cancel an order where permitted by law, including where:

• the order violates these Terms;

• the submitted content appears unlawful or unauthorized;

• the order cannot reasonably be produced;

• required information is missing;

• fraud or misuse is reasonably suspected; or

• a material pricing, product, or technical error has occurred.

If we cancel an order that we cannot fulfil, we will provide any refund required by applicable law.

You may not reproduce, duplicate, copy, sell, resell, or exploit any part of the website or Service without our prior written permission, except where permitted by law.

Headings are included for convenience and do not affect the interpretation of these Terms.

Section 3 — Information on the Website

We make reasonable efforts to ensure that information on the website is accurate and current.

General website content should be considered together with the applicable product description, ordering instructions, proof, order confirmation, Refund Policy, and any other terms applicable to the order.

Historical information may no longer be current and is provided only for reference.

We may update website content when necessary. Changes to website content or these Terms will not retroactively change an order already accepted unless required by law or agreed with the customer.

Section 4 — Custom and Personalized Products

Custom Vinyl Music produces custom vinyl records according to each customer’s individual specifications.

Depending on the order, personalization may include:

• customer-provided audio;

• track selection and track order;

• artwork and photographs;

• names, messages, and other text;

• record labels;

• sleeve designs;

• selected record format; and

• other customer-submitted specifications.

Every custom vinyl record is manufactured specifically for the individual customer. Because of its personalized nature, it cannot reasonably be reused, restocked, or resold to another customer.

Product descriptions, available options, prices, and delivery information are shown on the applicable product and ordering pages.

Section 5 — Orders and Contract Formation

Submitting an order constitutes an offer to purchase the selected product under these Terms.

An order is not accepted until it has been accepted by Custom Vinyl Music. An automated order confirmation acknowledges receipt of the order but does not necessarily confirm that the order has been accepted for production.

We may contact the customer if additional information, clarification, content, proof approval, or authorization is required.

The customer is responsible for providing complete and accurate contact, billing, delivery, personalization, and order information.

We may refuse or cancel an order in accordance with Section 2. Where payment has already been collected for an order that we cancel and do not fulfil, we will provide the refund required under applicable law.

Section 6 — Prices, Payments, and Billing Information

Prices are displayed on the website and may change without notice.

A price change will not affect an order already accepted unless the displayed price resulted from an obvious error and applicable law permits correction or cancellation.

The customer agrees to provide current, complete, and accurate billing and account information.

We may limit or cancel quantities or orders where permitted by law, including orders that reasonably appear to involve fraud, unauthorized resale, or misuse of the website.

If we change or cancel an order, we may contact the customer using the contact information provided with the order.

Section 7 — Customer-Provided Information and Materials

The customer is responsible for reviewing all information and materials submitted with an order, including:

• audio;

• track selection and track order;

• artwork and photographs;

• names and spelling;

• messages and other text;

• record-label information;

• sleeve-design information; and

• other instructions or selections.

The customer must not submit content that is unlawful, defamatory, threatening, abusive, obscene, invasive of privacy, or otherwise prohibited by law.

Subject to mandatory consumer rights, Custom Vinyl Music is not responsible for problems caused by incorrect, incomplete, unsuitable, or low-quality customer-provided information or materials where the completed product accurately reflects those submissions.

Section 8 — Intellectual-Property Rights in Customer Content

The customer retains ownership of content that the customer owns and submits to Custom Vinyl Music.

By submitting content, the customer grants Custom Vinyl Music limited, non-exclusive permission to access, reproduce, edit, adapt, process, print, cut, manufacture, and otherwise use that content only as reasonably necessary to:

• review the order;

• prepare the customer’s design and audio;

• manufacture the custom vinyl record;

• fulfil and deliver the order;

• provide customer support; and

• comply with legal obligations.

This permission does not transfer ownership of the customer’s content to Custom Vinyl Music.

The customer confirms that they own the submitted content or have all permissions, licences, consents, and legal authority required for Custom Vinyl Music to use and reproduce it in connection with the order.

The customer must have permission to use and reproduce any submitted music, audio, lyrics, photographs, artwork, names, likenesses, trademarks, or other protected material.

The customer must not instruct us to reproduce, manufacture, or use content in a way that infringes another person’s intellectual-property, privacy, publicity, or other legal rights.

We may request evidence of ownership, authorization, or licensing. We may refuse, suspend, or cancel an order if we reasonably believe that submitted content is unauthorized, unlawful, or infringes another person’s rights.

The customer is responsible for third-party claims arising from content submitted without the required rights or permissions, except to the extent that liability cannot legally be imposed on the customer.

Section 9 — Custom Vinyl Music Intellectual Property

The website and its original content, branding, graphics, designs, text, software, product presentation, and other materials provided by Custom Vinyl Music are owned by or licensed to Custom Vinyl Music and are protected by applicable intellectual-property laws.

These Terms do not transfer ownership of our website, branding, systems, templates, production methods, or other proprietary materials to the customer.

Nothing in these Terms grants the customer the right to copy, resell, reproduce, distribute, or commercially exploit the website or our proprietary business materials without prior written permission.

Section 10 — Proofs and Customer Approval

Where a customer is asked to review and approve a design or production proof, the customer is responsible for carefully reviewing the proof before approval.

Approval confirms the customer’s acceptance of the visible:

• spelling and text;

• layout;

• track information;

• artwork placement;

• label design;

• sleeve design; and

• other details shown in the proof.

After approval, changes to approved elements are not guaranteed and may require additional payment.

Proof approval does not remove mandatory rights relating to manufacturing defects, shipping damage, playback defects, or problems that were not reasonably visible in the approved proof.

Section 11 — Production and Manufacturing

Custom vinyl records are manufactured using the customer’s submitted audio, artwork, text, selected format, and other confirmed order details.

Minor cosmetic variations inherent to individual vinyl manufacturing, including the variations described in our Refund Policy, are not defects where the product otherwise conforms to the approved order and performs as intended.

This section does not remove any mandatory rights concerning damaged, defective, incorrect, or non-conforming products.

Section 12 — Cancellations, Withdrawals, Returns, and Refunds

All cancellations, withdrawal requests, returns, replacements, corrections, remakes, and refunds are governed by our Refund Policy:

https://customvinylmusic.com/policies/refund-policy

Because every Custom Vinyl Music product is made to the customer’s specifications and clearly personalized, change-of-mind cancellation, withdrawal, and return rights may not apply.

Nothing in these Terms or the Refund Policy removes mandatory rights that cannot legally be excluded.

Section 13 — European Union Customers

European Union consumer protection law provides a withdrawal right for many online purchases. However, that right does not apply to goods made to the customer’s specifications or goods that are clearly personalized.

Custom Vinyl Music records are manufactured specifically for each customer using personal audio, artwork, text, design selections, track information, and other individual specifications.

Qualifying Custom Vinyl Music orders are therefore exempt from the standard change-of-mind withdrawal right based on the personalized nature of the product itself.

This exemption applies only to cancellation or withdrawal due to a change of mind. It does not remove mandatory rights relating to damaged products, defective products, wrong products, products that do not conform to the contract, or other rights that cannot legally be excluded.

Where an online withdrawal request function is provided on the website, customers may use it to submit a withdrawal request. Submission of a request does not automatically establish that the order is eligible for cancellation or refund.

Each request will be reviewed under our Refund Policy and applicable law to determine whether a withdrawal right applies.

Nothing in these Terms restricts mandatory consumer protection available under the laws applicable to the customer.

Section 14 — Delivery

Estimated production, manufacturing, and delivery times shown on the website are estimates unless expressly stated otherwise.

Physical-product delivery may depend on the carrier and destination.

The customer is responsible for providing an accurate delivery address and contact information.

If an order is delayed, lost, or damaged during delivery, the customer should contact support@customvinylmusic.com so that the matter can be reviewed under our Refund Policy and applicable law.

Nothing in this section limits mandatory delivery rights.

Section 15 — Damaged, Defective, or Wrong Products

Customers should inspect their order promptly after delivery.

Customers should contact us if:

• the product arrives damaged;

• the product has a manufacturing defect;

• the wrong product was delivered; or

• the product has a playback problem caused by a manufacturing defect.

The procedure and available resolutions are described in our Refund Policy.

Nothing in these Terms limits any mandatory rights concerning damaged, defective, incorrect, or non-conforming products.

Section 16 — Optional Tools and Third-Party Services

We may provide access to tools, platforms, payment providers, hosting services, shipping services, or other services supplied by third parties.

Use of a third-party service may also be governed by that provider’s terms and privacy policy.

We are not responsible for the independent acts, content, security, or practices of third parties except where applicable law provides otherwise.

We may introduce new website tools, services, or features. Unless separate terms are presented, they will be governed by these Terms.

Section 17 — Third-Party Links

The website may contain links to third-party websites or services.

We do not control third-party websites and are not responsible for their content, accuracy, availability, policies, or practices.

Customers should review the applicable terms and policies before completing a transaction with a third party.

This section does not exclude liability that cannot legally be excluded.

Section 18 — Reviews, Feedback, and Other Voluntary Submissions

If a customer voluntarily submits a review, comment, suggestion, feedback, or other material unrelated to the content required to fulfil an order, the customer grants us non-exclusive, worldwide, royalty-free permission to use, reproduce, edit, publish, translate, and display that submission for legitimate business purposes.

This permission does not apply to private audio, artwork, photographs, text, or other content submitted solely for production of a custom order, except as stated in Section 8.

We may moderate or remove content that is unlawful, abusive, defamatory, obscene, infringing, misleading, or otherwise inappropriate.

The customer confirms that any public review, feedback, or submission does not violate another person’s rights.

Section 19 — Personal Information

Our collection and use of personal information are governed by our Privacy Policy:

https://customvinylmusic.com/policies/privacy-policy

Customers who submit personal information relating to another person confirm that they have the authority or permission necessary to provide it for the requested order.

Section 20 — Errors, Inaccuracies, and Omissions

The website may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, estimated timing, or availability.

We may correct errors and update information.

Where permitted by law, we may cancel an affected order if a material pricing or product error occurred. If such an order is cancelled after payment, we will provide any refund required by applicable law.

Section 21 — Prohibited Uses

You must not use the website or its content:

• for an unlawful purpose;

• to infringe intellectual-property, privacy, publicity, or other rights;

• to submit false, deceptive, defamatory, abusive, or unlawful information;

• to upload malicious software or code;

• to collect personal information unlawfully;

• to spam, phish, scrape, crawl, or interfere with the website;

• to circumvent website security;

• to impersonate another person;

• to place fraudulent or unauthorized orders; or

• to interfere with another person’s use of the website.

We may restrict or terminate access where these prohibitions are violated.

Section 22 — Disclaimer of Website Warranties

We do not guarantee that the website will always be uninterrupted, secure, or free from technical errors.

The website and its general informational content are provided on an “as available” basis to the extent permitted by law.

Nothing in these Terms excludes or limits any warranty, guarantee, remedy, or consumer right that cannot legally be excluded.

Products purchased through the website remain subject to their descriptions, confirmed order details, approved proofs, our Refund Policy, and mandatory conformity requirements.

Section 23 — Limitation of Liability

To the maximum extent permitted by applicable law, Custom Vinyl Music, Key For Health Corp, and their directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential losses arising from use of the website or an order.

This limitation does not apply where liability cannot legally be excluded or limited, including liability arising from fraud, deliberate misconduct, gross negligence where applicable, death or personal injury caused by negligence, or violation of mandatory consumer rights.

Nothing in these Terms limits the customer’s right to receive remedies required by applicable law for damaged, defective, incorrect, or non-conforming products.

Section 24 — Indemnification

To the extent permitted by applicable law, the customer agrees to indemnify and hold harmless Custom Vinyl Music, Key For Health Corp, and their directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors, and suppliers against third-party claims, losses, and reasonable legal costs resulting from:

• the customer’s unlawful use of the website;

• the customer’s material breach of these Terms;

• content submitted without the necessary ownership, licence, consent, or authorization; or

• the customer’s violation of another person’s legal rights.

This section does not require a consumer to indemnify us for our own breach, negligence, unlawful conduct, or matters for which liability cannot legally be transferred.

Section 25 — Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

Section 26 — Termination

These Terms remain effective while the customer uses the website or has an active order, except for provisions that by their nature continue afterward.

A customer may stop using the website at any time.

We may suspend or terminate access to the website where we reasonably believe that the customer has materially violated these Terms or applicable law.

Termination does not remove rights, payment obligations, licences, liabilities, or remedies that arose before termination.

Section 27 — Entire Agreement

These Terms, together with the Refund Policy, Privacy Policy, product descriptions, confirmed order details, approved proofs, and any additional terms presented during checkout, form the agreement between the customer and Custom Vinyl Music concerning the website and the order.

They replace prior communications or understandings concerning the same subject matter, except where applicable law provides otherwise.

Nothing in this section excludes representations or rights that cannot legally be excluded.

Section 28 — Governing Law and Consumer Rights

These Terms and any separate agreement through which we provide products or services are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-law principles.

However, this choice of law does not deprive a consumer of mandatory protections provided by the laws applicable in the consumer’s country of residence.

Nothing in these Terms limits a consumer’s right to bring a claim before a court or authority that has jurisdiction under applicable law.

Section 29 — Changes to These Terms

We may update these Terms by posting a revised version on the website.

Changes apply prospectively from the effective date of the revised Terms. They will not retroactively alter an order already accepted unless required by law or agreed with the customer.

Continued use of the website after revised Terms are posted constitutes acceptance of the revised Terms for future use of the website and future orders.

Section 30 — Individual Dispute Resolution and Class Actions

To the extent permitted by applicable law, disputes must be brought on an individual basis and not as a plaintiff or class member in a class, collective, consolidated, representative, or private-attorney-general proceeding.

This section does not apply where such a waiver is prohibited or unenforceable under applicable law, and it does not limit any mandatory consumer right to seek relief through a court, regulator, consumer authority, alternative dispute-resolution body, or other legally available process.

Section 31 — Contact Information

Questions about these Terms of Service should be sent to:

support@customvinylmusic.com