Terms and Conditions

STONEBRIM SLIP, TICKET, AND EXCHANGE TERMS AND CONDITIONS
Please read the following important terms and conditions before you buy or redeem any Stonebrim Slips or Tickets from us or list any Stonebrim Slips on our Exchange and check that they contain everything which you want and nothing that you are not willing to agree to.

You should pay particular attention to clause 6 relating to refunds and cancellations and clause 8 relating to the value of Stonebrim Slips

 

NOTICE: For customers who purchased a Stonebrim Slip before February 23rd 2021, please contact us directly for our previous terms and conditions.

 

Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your Stonebrim Slip (if you buy it from us and not on the Exchange). You do not have this right to cancel once you have redeemed or sold the Stonebrim Slip provided you have been told this and have acknowledged this, or if you have purchased the Stonebrim Slip from a third party seller on the Exchange.


The Consumer Rights Act 2015 says your Stonebrim Slip must be as described, fit for purpose and of satisfactory quality.


If your Stonebrim Slip is faulty, you’re entitled to a replacement.


If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back.


This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.


The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.


These Terms and Conditions set out your legal rights and responsibilities and certain key information required by law.


In these Terms and Conditions:


• ‘We’, ‘us’ or ‘our’ means Stonebrim Music Ltd; and


• ‘You’ or ‘your’ means the person buying Stonebrim Slips from us, redeeming a Stonebrim Slip or listing a Stonebrim Slip on our Exchange.


In addition, the following terms shall have the following meanings:


• “Exchange” means the online platform on our website that allows the sale and purchase of Stonebrim Slips between third party sellers and buyers.


• “Redemption Period” means the later of three years from the date of purchase of the Stonebrim Slip and the two years from the date of the first live performance in the UK by Stonebrim with an audience, paid for tickets and open to the general public.


• “Stonebrim Slip” means a Stonebrim Slip for sale on our website which may be redeemed for a Ticket or sold on our Exchange.


• “Ticket” means a ticket entitling the holder to entry to a specific performance by Stonebrim on a specific date at a specific location


• “Website” means www.stonebrim.com


If you don't understand any of these Terms and Conditions and want to talk to us about them, please contact us by email at slips@stonebrim.com (Monday to Friday, 9:00am to 5:00 pm)


Who are we?


We are Stonebrim Music Ltd, a company registered in England and Wales under company number: 12663138.


Our registered office is at: 483 Green Lanes, London, N13 4BS..

1 Introduction


1.1 If you buy Stonebrim Slips or Tickets from us, redeem any Stonebrim Slips for Tickets, or list or purchase any Stonebrim Slips for sale on our Exchange, you agree to be legally bound by these Terms and Conditions.


1.2 Subject to clause 3.7 you may only buy Stonebrim Slips from our site for non-business reasons.


1.3 These Terms and Conditions are only available in English. No other languages will apply to these Terms and Conditions.


1.4 These Terms and Conditions were lasted updated on 23rd February 2021. We reserve the right to unilaterally amend these Terms and Conditions at any time and any changes will be posted on our website. You will be bound only to the version of these Terms and Conditions you agree at the time you purchase a Stonebrim Slip.


2 Your privacy and personal information


2.1 Our Privacy Policy is available at www.stonebrim.com/policies/privacy-policy


2.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.


3 Ordering and using Stonebrim Slips from us


3.1 Before you can purchase any Stonebrim Slips from us you must set up an account (your “Account”) by completing the process on our Website.


3.2 You can place an order for a Stonebrim Slip(s) by selecting the number of Stonebrim Slips you require on our Website, adding them to your cart, completing our forms with your billing and shipping details and clicking “Buy now”. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.


3.3 When you place your order at the end of the online purchase process by clicking on the “Buy Now” button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.


3.4 We will only accept your order when we email you to confirm this (“Confirmation Email”). At this point:


           3.4.1 a legally binding contract will be in place between you and us; and


           3.4.2 the Stonebrim Slip will be emailed to you (it will also be made available to you in your Account).


3.5 If you are under the age of 18 you may not buy any Stonebrim Slips from the Website.


3.6 Any purchase of a Stonebrim Slip is for your non-commercial, personal use only (although you may give the Stonebrim Slip to someone else for their non-commercial, personal use).


3.7 The reproduction of a Stonebrim Slip is prohibited.


3.8 Notwithstanding the above, the sale of Stonebrim Slips on the Exchange for a profit is allowed only with such frequency as is consistent with personal/non-commercial use and not as part of a continuous or regular business or trade and we reserve the right to place limits on the purchase of Stonebrim Slips by any person or persons if we in our sole discretion consider such person(s) to be acting in breach of this clause 3.8.


3.9 Your Stonebrim Slip is solely your responsibility. We accept no responsibility for lost or stolen Stonebrim Slips or for retrieving Stonebrim Slip reference numbers or Stonebrim Slip security codes.


3.10 Any attempt to redeem a Stonebrim Slip contrary to these Terms and Conditions may render a Stonebrim Slip void at our discretion.


4 ordering a ticket from us


4.1 Before you can purchase any Tickets from us you must set up your Account.


4.2 You can place an order for a Ticket(s) by selecting the number of Tickets you require on our Website, adding them to your cart, completing our forms with your billing and shipping details and clicking “Buy now”. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.


4.3 When you place your order at the end of the online purchase process by clicking on the “Buy Now” button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.


4.4 We will only accept your order when we email you to confirm this (“Confirmation Email”). At this point:


        4.4.1 a legally binding contract will be in place between you and us; and


       4.4.2 the Ticket will be emailed to you (it will also be made available to you in your Account).


4.5 If you are under the age of 18 you may not buy any Tickets from the Website.


4.6 Any purchase of a Ticket is for your non-commercial, personal use only (although you may give the Ticket to someone else for their non-commercial, personal use).


4.7 The reproduction of a Ticket is prohibited.


4.8 Your Ticket is solely your responsibility. We accept no responsibility for lost or stolen Tickets or for retrieving Ticket reference numbers or Ticket security codes.


5 Redemption of a Stonebrim Slip


5.1 Unless expressly stated otherwise:


       5.1.1 Stonebrim Slip(s) can only be redeemed once;


       5.1.2 Stonebrim Slip(s) can only be redeemed with us;


       5.1.3 each Stonebrim Slip is valid for one Ticket only; and


       5.1.4 you must follow the redemption instructions associated with the Stonebrim Slip when you redeem the Stonebrim Slip with us.


5.2 In order to redeem a Stonebrim Slip you must present it to us within the Redemption Period. If you do not redeem the Stonebrim Slip within the Redemption Period, the Stonebrim Slip expires automatically and cannot be redeemed anymore.


5.3 Unless expressly stated otherwise, the Stonebrim Slip does not entitle you to receive a Ticket for any specific performance. You are strongly recommended to redeem the Stonebrim Slip at an early stage as venue capacity and venue choice will be dependent upon the number of Tickets sold for that event (whether through standard Ticket sales or through redeeming a Stonebrim Slip). Doing so will give you the best chance of securing your preferred performance.


5.4 Stonebrim Slips are redeemable in their entirety only. If, for whatever reason, you redeem the Stonebrim Slip for a Ticket for less than the original value of the Stonebrim Slip, you are not entitled to a credit, cash refund or new Stonebrim Slip for the difference between the original value of the Stonebrim Slip and the redeemed value of the Ticket.


6 right to cancel


6.1 You have a statutory right to cancel your purchase of a Stonebrim Slip (where you have purchased it from us) within 14 calendar days after the day on which you receive the Confirmation Email (the “Cancellation Period”), However if you redeem your Stonebrim Slip during the Cancellation Period, you lose your right to cancel the purchase of the Stonebrim Slip.


6.2 For the avoidance of any doubt, you do not have the right to cancel any purchase of


        6.2.1 a Ticket, or


        6.2.2 any Stonebrim Slips that you have bought from a third party seller via the Exchange.


6.3 If you want to cancel your purchase of a Stonebrim Slip you can do so by contacting us at the email address above.


6.4 If you cancel your purchase of the Stonebrim Slip according to this clause 6, we will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed us above your cancellation.


6.5 Unless you expressly inform us in advance not to, any refund will be refunded to you using your original method of payment. If your original method of payment has been cancelled, expired or as other changed, then you must inform us immediately using the email address above. If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your Bank or your payment services provided to obtain your refund. We will not provide more than one refund.

 


7 Payment


7.1 We accept the payment methods listed on our Website from time to time.


7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms and Conditions or our Privacy Policy (see clause 2) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.


7.3 All payments by credit card or debit card need to be authorised by the relevant card issuer which may require us to use extra security steps (for example, Verified by Visa).


7.4 The price of the Stonebrim Slip or Ticket quoted on our Website (including the Exchange) is in pounds sterling (£)(GBP) and includes VAT at the applicable rate.


8 VALUE OF STONEBRIM SLIP


8.1 The purpose of the Stonebrim Slips is to allow fans of Stonebrim to support the band during times where no Events have been planned with the benefit to fans intended to be a reduced price of access. The price of Stonebrim Slips has been assessed by us and priced at an amount which we expect to be significantly less than the price of Tickets based on our experience of price of tickets for previous live performances by Stonebrim and we do expect that the price of Tickets will be greater than the price of Stonebrim Slips and may be significantly higher. However, whilst this assessment has been made in good faith and to the best of our ability, we cannot predict future market forces which may impact on the price of Tickets and therefore we make no warranty or guarantee that the price of Tickets will not be lower than the price you pay for your Stonebrim Slip.


8.2 Given the above, we make no warranty or representation that any number of Events will take place, nor that any will take place in a particular location, on a particular date or by reference to any other facts or circumstances.


8.3 You acknowledge that the Stonebrim Slips are purchased in order to secure Tickets for a future event or events which may or may not happen. We will not be liable to you for any loss you suffer in the event that an event or performance is not undertaken either at all or on any particular day, date or location convenient or suitable to you. This risk is reflected in the reduced price for the Stonebrim Slip relative to the expected price of the Ticket.


8.4 Stonebrim Slips can be refunded in full if no performance has been put on by Stonebrim within the period of 2 years from the date of purchase.


9 Faulty Stonebrim Slips or tickets


9.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of these Terms and Conditions. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:


       9.1.1 contact us using the contact details at the top of this page; or


       9.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.


9.2 Nothing in these Terms and Conditions affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.


10 STONEBRIM EXCHANGE


10.1 Our Exchange is an online marketplace that allows registered users to buy (the "Buyer") and/or sell (the “Seller”) Stonebrim Slips. Sellers set the prices for the Stonebrim Slips sold on the Exchange and not us. We do not own the Stonebrim Slips sold on the Exchange but we are able to ascertain and verify that listed Stonebrim Slips exist and are owned by the relevant Seller. Listed Stonebrim Slip prices may exceed the face value of the Ticket that they can be redeemed for and we give no warranty or guarantee that any Stonebrim Slips will be of lower price than any Tickets.


10.2 In order to list, sell or purchase Stonebrim Slips you must


      10.2.1 have an Account with us,


      10.2.2 be at least 18 years old, and


      10.2.3 have stored with us complete and accurate information and a valid   payment method.


11 Exchange Fees and Other Charges


11.1 We will charge fees for selling and/or buying Stonebrim Slips through our Exchange and/or otherwise using our Exchange ("Service Fees"). We may in our sole and absolute discretion change our Service Fees at any time, including after you list your Stonebrim Slips. Any applicable Service Fees including any taxes if applicable will be disclosed to you prior to listing or buying a Stonebrim Slip. We may charge and/or retain Service Fees if you do not fulfil your contractual obligations these Terms and Conditions.


11.2 Unless advised otherwise we charge the following Service Fees:


     11.2.1 Listing fee as set out on our Website, and


     11.2.2 a commission of 50% of the difference between the sale price of the Stonebrim Slip sold on the Exchange and the price paid for the Stonebrim Slip when purchased from us.


12 Selling Stonebrim Slips


12.1 You must comply with all applicable laws and regulations and these Terms and Conditions when listing, selling and delivering your Stonebrim Slip(s).


12.2 When listing a Stonebrim Slip(s) you must set a price for which you are willing to sell your Stonebrim Slip(s) ("Sales Price"). You may modify or delete your listing at any time until the Stonebrim Slip(s) have sold.


12.3 By listing a Stonebrim Slip(s) for sale, you are making a binding offer to sell those Stonebrim Slips to a Buyer who agrees to purchase them at the Sales Price. When a Buyer accepts your offer by purchasing your Stonebrim Slip through the Exchange, you are contractually bound to deliver that exact Stonebrim Slip for the Sales Price. Once we have received payment for the Stonebrim Slip from the Buyer we will automatically deliver that Stonebrim Slip to the Buyer and cancel the barcode link to the Stonebrim Slip originally purchased by the Seller.


12.4 You are obligated to ensure all listings are accurate and that you own the number and type of Stonebrim Slips listed. Under no circumstances may a Seller cancel an order at one price and repost the same Stonebrim Slip(s) for a higher price.


12.5 We do not guarantee that your Stonebrim Slip(s) will sell or that your listing will appear on the Exchange within a certain time after it is posted or in a particular order in the search results. We will not, for any reason, provide compensation for Stonebrim Slip(s) that do not sell, even if due to unavailability of the Exchange.


13 Taxes


13.1 Sellers are responsible for determining whether any taxes are due on the sale of Stonebrim Slip(s), and for collecting and remitting such taxes. Any applicable taxes are included in the Sales Price of the Stonebrim Slip. The Service Fees include any applicable sales, use, excise, value added, service and other indirect taxes.


14 Buying Stonebrim Slips [OR TICKETS] ON THE EXCHANGE


14.1 Buyers are responsible for reading the complete listing before making a commitment to buy Stonebrim Slips. When placing an order, a Buyer is entering into a binding contract with the Seller to purchase those Stonebrim Slips. Payment is remitted to us and disbursed to the Seller after we deduct any applicable Service Fees. All Sales are final. You cannot change or cancel any orders after the sale is complete and we will automatically debit the payment method listed on your Account in respect of the Sales Price.


15 Payments


15.1 Payments received from Buyers for Stonebrim Slips purchased via the Exchange are processed by us on behalf of the Seller and credited to the Seller, in each case using the payment methods registered to their Accounts. The Seller appoints us as its limited payment collection agent solely for the purpose of accepting funds from the Buyer in respect of purchases of Stonebrim Slips on behalf of the Seller. The Seller agrees that any payment made by the Buyer to us shall be considered as a payment made directly to the Seller, and the Seller authorises us to make the Stonebrim Slip available to the Buyer in accordance with clause 12.3 as if the Seller had received the payment directly from the Buyer. The Seller understands that our obligation to pay the Seller is subject to and conditional upon successful receipt of the associated payments from the Buyer. We guarantee payments to the Seller only for such amounts that have been successfully received by us from the Buyer less applicable Service Fees. In accepting appointment as the limited payment collection agent of the Seller, we assume no liability for any acts or omissions of the Seller.


15.2 Payments from Buyers are due and payable immediately. A Buyer can pay the full order amount which includes any applicable taxes using one of the accepted payment methods. Any payments not made immediately by a Buyer shall be deducted from the payment method they have registered to their Account.


15.3 A Buyer’s obligation to pay for a Stonebrim Slip is satisfied when we have received the payment in full.


16 Abusing the Exchange


16.1 When using the Exchange, you agree that you will not do any of the following:


          16.1.1 contact or invite contact with other Exchange users for any reason other than the purpose for which you received the user’s contact information or solicit sales outside of the Exchange;


          16.1.2 behave in an abusive manner to any of our employees or other users;


          16.1.3 breach or circumvent any laws (including, where Stonebrim Slips are sold internationally, the laws of the destination country), or third party rights;


         16.1.4 post false, inaccurate, misleading, defamatory or libellous content;


         16.1.5 fail to fulfil your contractual obligations regarding the sale or purchase of a Stonebrim Slip;


         16.1.6 use our trademarks or other intellectual property without our prior written permission;


         16.1.7 copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our website without our prior express written permission;


         16.1.8 use any robot, spider, scraper or other automated means to access our website for any purpose without our express written permission;


         16.1.9 take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;


         16.1.10 interfere or attempt to interfere with the proper working of our website or any activities conducted on or with our website; or


         16.1.11 do anything else that we determine, in our sole reasonable discretion, misuses our website or otherwise negatively impacts our marketplace.


16.2 In our effort to protect our Buyers and Sellers we may screen Stonebrim Slip [and Ticket] sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your Account or listing, in our sole discretion.


17 Limit on our responsibility to you


17.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:


       17.1.1 losses that:


       17.1.1.1 were not foreseeable to you and us when the contract was formed;


       17.1.1.2 that were not caused by any breach on our part;


       17.1.2 business losses;


       17.1.3 losses to non-consumers; and


       17.1.4 decrease in value (or failure to increase in value) of any Ticket after the purchase or redemption of a Stonebrim Slip.


17.2 Other than liability arising out of death and personal injury caused by our negligence, fraud, or any other legal responsibility that we cannot exclude liability for in law, our total liability to you will in no circumstances exceed the amount of the purchase price of the Stonebrim Slip or the Ticket purchased from us to which the relevant liability relates.


17.3 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this clause 17. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.


17.4 You are solely responsible for maintaining the confidentiality of your Account information and password which you must not disclose to anyone else. You are solely responsible for any activity relating to your Account. We shall not be responsible for any loss or damage that you suffer as a result of your failing to maintain the confidentiality of your Account information and/or password and/or disclosing any of these to anyone else.


18 Disputes


18.1 We will try to resolve any disputes with you quickly and efficiently.


18.2 If you are unhappy with:


      18.2.1 the Stonebrim Slip or a redeemed Ticket;


      18.2.2 anything related to the Exchange;


      18.2.3 our service to you; or


      18.2.4 any other matter,


      please contact us as soon as possible.


19 governing law and jurisdiction


19.1 If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to these Terms and Conditions.


19.2 The laws of England and Wales will apply to these Terms and Conditions.


20 our standards of service


20.1 We promise that we will exercise reasonable care and skill in performing our obligations under these Terms and Conditions.


21 End of the contract


If these Terms and Conditions are ended it will not affect our right to receive any money which you owe to us under these Terms and Conditions.


22 force majeure


22.1 We will not be liable for any breach of any obligation under these Terms and Conditions if and to the extent that this is due to any event or sequence of events beyond our reasonable control and which prevent, delay, or materially contribute to such prevention or delay, in respect of our performance of our obligations under this agreement (including but not limited to, an act of God, fire, flood, drought, earthquake, windstorm or other natural disaster, act of war, armed conflict, invasion, insurrection, riot, civil war, act of terrorism, civil commotion, civil emergency, fire or explosion, adverse weather conditions, radioactive, nuclear, chemical or biological contamination, law or governmental order, rule, regulation or direction, labour dispute, interruption or failure of utility services, epidemic, pandemic (whether in a specific location or throughout the UK generally).


23 invalidity


If any provision of these Terms and Conditions should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.


24 Third party rights


24.1 No one other than a party to these Terms and Conditions has any right to enforce any term of these Terms and Conditions.