Purchaser Terms of Sale
1.1 “Label 51”, “we”, “us” means Label 51 Recordings, of Denver, Colorado, which sells the Products, collects payment and manufactures the run.
1.1a “the Artist” means the recording artist or band named on the campaign page, who packs and ships your order to you.
1.2 “Purchaser”, “you” means the person placing a pre-order through a campaign page.
1.3 “Campaign” means a time-limited pre-order offer for physical products, with a stated funding goal and deadline.
1.4 “Products” means the goods described on the campaign page, including any stated variant, edition, extras and bundled items.
1.5 “Funding Goal” means the amount that must be pre-purchased for the Campaign to proceed to manufacture.
1.6 Who ships your order. Label 51 manufactures the run and delivers it, in full, to a single address chosen by the Artist. The Artist then packs and ships your order to you. Label 51 is not the shipper of your order. This is stated on the campaign page and on each reward tier before you pay.
2.1 A pre-order is a contract for the sale of goods: you reserve and pay for a physical product before it is manufactured.
2.2 A pre-order is not a share, security, equity interest, debt instrument, loan, donation or investment. It carries no financial return, no interest, no profit participation, no ownership in Label 51 or in the artist, and no voting or governance right of any kind.
2.3 Any equity fundraising conducted separately by Label 51 is a distinct matter, governed by its own documents, and is not offered, promoted or made available through a Campaign.
3.1 Your order is an offer to purchase. It is accepted when we confirm it by email.
3.2 Prices, shipping charges and any applicable taxes and duties are shown before you confirm payment.
3.3 You are responsible for the accuracy of the delivery address and contact details you provide. Re-shipping costs caused by an incorrect address are payable by you.
3.4 We may cancel and refund an order where an item was listed with a manifest pricing or description error, or where the order appears fraudulent.
4.1 No payment is taken when you place a pre-order. Your card is stored by our payment processor (currently Stripe) and is charged once, on the day the Campaign closes, and only if the Funding Goal was met. The amount and the closing date are shown to you before you confirm.
4.2 Because nothing is charged while a Campaign runs, no pre-order money can be applied to Label 51’s general expenses or to any unrelated project. Once collected, Campaign funds are applied to the manufacture and fulfilment of that Campaign.
4.3 If your stored card is declined on the closing day we may re-attempt it and will contact you. Where payment cannot be collected, that pre-order lapses and no Product is reserved for you.
4.4 Card details are handled by the payment processor. Label 51 does not receive or store your full card number.
5.1 If the Funding Goal is not met by the stated deadline, no card is charged. There is nothing to refund and you do not need to make a claim.
5.2 Refunds are issued to the original payment method. Arrival typically takes five (5) to ten (10) business days depending on your bank or card issuer.
5.3 The same applies if a funded Campaign is subsequently cancelled by us or by the artist before manufacture: you are refunded in full.
6.1 You may cancel your pre-order at any time while the Campaign is still open, by writing to the address in clause 13. Your stored card is removed and never charged. If a Campaign has already closed and been charged, that order is refunded in full instead.
6.2 After the Campaign closes and manufacture has begun, orders cannot generally be cancelled, because the Products are manufactured to a fixed run based on orders received.
6.3 Clause 6.2 does not affect statutory rights that cannot be excluded, including any right of withdrawal available to consumers in the European Union or the United Kingdom, or non-excludable rights under applicable United States state law.
7.1 Delivery estimates shown on a campaign page are good-faith estimates, not guaranteed dates. They are built from the manufacturing times our plant quotes us — approximately two (2) weeks for cassettes and CDs and eight (8) weeks for vinyl, in each case from the close of the Campaign and before shipping — plus the time the Artist needs to pack and post your order. Vinyl in particular runs on plant queues that move.
7.2 We will notify you of material changes to the schedule rather than let a date pass in silence.
7.3 Title and risk in the manufactured run pass to the Artist on delivery of the run to the single address the Artist has designated. Title and risk in your individual order pass to you when the Artist hands it to the carrier.
7.4 Where a delivery is materially delayed beyond the estimate, you may request cancellation and refund of any Products that have not yet shipped.
7.5 Shipping is performed by the Artist. The Artist packs, addresses and posts your order and is solely responsible for dispatching it, with tracking. Label 51 does not hold, pack, address or post individual orders and does not control the Artist’s dispatch schedule.
7.6 Delivery windows shown on a campaign page are estimates given by the Artist, not guarantees given by Label 51.
8.1 Shipping charges are shown at checkout. They are set by the Artist, who performs the shipping.
8.2 For international deliveries, import duties, customs charges and local taxes may be levied on arrival and, where they are not shown and collected at checkout, are payable by you.
8.3 Parcels refused at customs or returned as unclaimed may be refunded net of shipping and any charges we have incurred.
9.1 Report any item that arrives damaged, defective or incomplete within fifteen (15) days of delivery, with photographs, to the address in clause 13.
9.2 We will replace the item or, where replacement is not possible, refund it.
9.3 Loss or damage in transit to you. Once the Artist has handed your order to the carrier, the parcel is in the Artist’s shipment. Label 51 does not carry the risk of loss, theft, damage, delay, mis-delivery, customs seizure or duties from that point, and claims against the carrier are made by the Artist. Label 51 will not replace or refund an order the Artist has dispatched.
9.4 If the Artist does not ship at all. If a funded Campaign is manufactured and delivered to the Artist and the Artist fails to dispatch orders within the period stated on the campaign page, contact us. Label 51 holds back part of the Artist’s settlement for exactly this situation and will use it to make you whole, up to the amount you paid. This is the one delivery failure Label 51 does stand behind.
9.5 Minor variations in colour, splatter or marble patterning, print registration and surface finish are inherent to analogue manufacture and are not defects.
10.1 Where a component becomes unavailable, we may substitute a component of equal or better quality.
10.2 Where a change materially alters what was described on the campaign page, you will be notified and may cancel that item for a full refund.
11.1 If something has gone wrong, contact us first. We would rather fix it than have you fight your bank for it.
11.2 Chargebacks raised without prior contact may delay resolution and, where the underlying order is subsequently found valid, we reserve the right to recover the associated processor fees.
12.1 We use your name, contact and delivery details solely to process, manufacture, ship and support your order.
12.2 Your data is not sold or rented. You are not added to a marketing list by placing an order.
12.3 Your name and delivery address are shared with the artist or fulfilment partner only to the extent required to ship your order.
12.4 You may request access to, correction of, or deletion of your data by writing to the address in clause 13.
13.1 Write to info@label51recordings.com, quoting your order number. A person reads it.
14.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be limited under applicable law, including your statutory consumer rights.
14.2 Subject to clause 14.1, our total liability in connection with an order is limited to the amount you paid for that order, and we are not liable for indirect or consequential loss.
15.1 We are not liable for delay caused by events beyond our reasonable control, including raw-material shortage, plant or carrier failure, industrial action, natural disaster, epidemic or governmental action. Where such an event prevents delivery altogether, you are refunded.
16.1 These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-laws rules.
16.2 The state and federal courts located in Denver County, Colorado have jurisdiction over disputes.
16.3 Where you purchase as a consumer, clauses 16.1 and 16.2 do not deprive you of the protection of the mandatory law, or of the right to bring proceedings in the courts, of your country of residence.
17.1 These Terms, together with the campaign page description and your order confirmation, are the entire agreement between us for that order.
17.2 If a provision is held unenforceable, the remainder continues in force.
17.3 We may update these Terms for future orders; the version in force when you place an order governs that order.
Why clause 4.1 is written the way it is: in 2019 PledgeMusic collapsed owing artists and fans money it had already spent before the records were made. Not taking the money until the record is going to be made is the answer to that, and it is in the terms rather than in a headline.
