Terms and Conditions of Sale

These terms and conditions ('Terms'), along with the privacy policy are a legal contract between you and Retriever Records Inc. and apply to and govern your use of the Retriever Records Inc. Digital Music Service. These Terms shall prevail over the privacy policy to the extent of any conflict or inconsistency. Retriever Records Inc. may from time to time update or modify these Terms in respect of your use of the Service. If you continue to use the Service following such update or modification, you will be deemed to accept the Terms as revised. If you do not agree to the revised Terms you must stop using the Retriever Records Inc’s Digital Music download service. We therefore recommend that you periodically check these Terms.

When buying our online products on Eleanormccain.ca website, it is implied you are accepting these Terms.

1. Digital Music Download

Digital Download is the Service which provides Content which is capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied, solely for personal, non-commercial use.

The Content is owned by Retriever Records Inc., or their licensors and is protected by intellectual property rights. You may burn each permanent Download to a CD up to 7 (seven) times as part of any particular play list of songs. A 'play list' is a discrete group of Permanent Downloads that are arranged together in a particular order. Once you have burned a Permanent Download to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device. You may transfer a Permanent Download to up to 5 (five) portable devices. Once you have transferred a Permanent Download to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.

Permanent Downloads may be purchased individually, collectively as album, or, in some cases, only in the form of an album. However, each purchase of a Permanent Download shall be deemed a final, non-refundable sale.

Cancellation of an order for a Permanent Download

You may not cancel an order for any permanent download once they are delivered to you.

2. Registration

You may need to register with Retriever Records Inc. in order to purchase our  products on line. You will be required to provide us with your name, email address, postal address, password, details of payment. Any information which you submit will be held and used in accordance with our privacy policy. You agree that you will provide truthful and complete information when registering to use the Service.

You are solely responsible for maintaining the confidentiality and security of your account and are responsible for any fees that are accrued using your account. You must not allow others to use your name, password or account and you agree to inform Retriever Records Inc. immediately of any use of your password or account by a third party which is not authorized via ‘Contact Us’ page.

You agree to indemnify Retriever Records Inc., its directors, officers, employees, affiliates, agents, contractors, franchisees and licensors, as applicable, for any unauthorized or illegal use of our Service by you or by any person obtaining access to the Service by using your designated name and password, whether or not you authorized such access.

3. Your details

When you register with the Retriever Records Inc web site, you will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.

4. Accepted Payment Methods

All payments (including any applicable taxes) must be made by credit card. In addition, Retriever Records Inc. shall be entitled to refuse any orders which you place in the case of obvious errors or inaccuracies (e.g. incorrect prices) regarding the goods or services appearing on our site.

5. Availability and Delivery of Content

a) All Content is subject to availability. Retriever Records Inc. reserves the right to change, suspend, remove, or disable access to Content at any time without notice or liability to you. On occasion, technical problems may delay or prevent delivery of Content. Therefore Retriever Records Inc. cannot guarantee that it will be able to supply the Content when requested. Retriever Records Inc. will inform you as soon as we become aware that we are unable to fulfill an order you have made for the Content (or any part thereof). Your exclusive and sole remedy with respect to Content that is not delivered within a reasonable period will be either replacement of such Content or a refund of the applicable amount as determined by Retriever Records Inc.

b) Retriever Records Inc will post, or arrange a courier on your behalf for, the goods ordered by you to the person and address you give Retriever Records Inc at the time you make your order. The consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. For destinations outside Canada, the consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required. Each item ordered will be treated as a separate sale and will be paid for separately.

c) Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies.

d) You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises.  

6. System Requirements

Use of E-Commerce and digital download requires a compatible device, Internet access (fees may apply), and Email Software and may require obtaining updates or upgrades from time to time (fees may apply). Hence your ability to use the e-commerce and digital music downloads may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such Software and system requirements, which may be changed from time to time, are your responsibility. Once Content is accessed and you receive the Content, it is your responsibility not to lose, destroy, or damage the Content, and Retriever Records Inc. shall be without liability to you in the event of any loss, destruction, or damage.

7. Force Majeure

Retriever Records Inc. shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

8. Return/refund policy

We test our products, and strive to provide excellent service. Return items must arrive sealed/unopened in new condition in the original packaging within 7 days of delivery. All return shipping arrangements and the cost are the sole responsibility of the customer. Refunds will be made after inspection of the merchandise. Shipping and handling (S&H) charges are non-refundable; however, we will gladly refund your original shipping cost if you are returning an item because of an error on our part, or we have determined that the product is defective.

The notice of cancellation or return of the goods should be addressed to:

Bundle of Joy
1473 Elite Road
Mississauga, Ontario L5J 3B3
Canada

If the goods Retriever Records Inc. delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Retriever Records Inc. shall have no liability to you unless you notify Retriever Records Inc. in writing at the Retriever Records Inc. contact address of the problem within 7 working days of the delivery of goods in question.

However, each purchase of a Permanent Download shall be deemed a final, non-refundable sale.