Vinyl Plant

Privacy Policy

Last updated: September 27, 2024

1. Interpretation and Definitions

1.1. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2. Definitions

For the purposes of this Privacy Policy:

• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Vinyl Plant LLC, Kanarbiku tänav 1, 61709, Soinaste, Tartumaa, Estonia.
For the purpose of the GDPR, the Company is the Data Controller.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Country refers to: Estonia

• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Facebook Fan Page is a public profile named Vinyl Plant specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/vinylplant

• GDPR refers to EU General Data Protection Regulation.

• Personal Data is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

• Service refers to the Website.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Website refers to Vinyl Plant, accessible from https://vinylplant.ee/

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Under GDPR, You can be referred to as the Data Subject or as the User as you are the individual using the Service.

2. Collecting and Using Your Personal Data

2.1. Types of Data Collected

We collect information from you when you visit our website, make an order request or respond to a survey or fill out a form.

2.1.1. Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Your company name
• Your Company VAT number
• Usage Data

2.1.2. Usage Data

Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

2.1.3. Information from Third-Party Social Media Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that Vinyl Plant shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Vinyl Plant does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
If You decide to contact with Us through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

2.1.4. Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

The technologies We use may include:

• Cookies or Browser Cookies. Vinyl Plant uses “Cookies” to identify the areas of our website that you have visited. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies. We never place Personally Identifiable Information in Cookies.

• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies.
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies.
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Tracking and Performance Cookies.
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.

2.2. Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• For the performance of a contract / order: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication. By submitting your email address on this website, you agree to receive emails from us. You can cancel your participation in any of these email lists at any time by sending us corresponding email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do. By submitting your email address, you also agree to allow us to use your email address for customer audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. Email addresses submitted only through the order processing page will be used for the sole purpose of sending you information and updates pertaining to your order. If, however, you have provided the same email to us through another method, we may use it for any of the purposes stated in this Policy.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.

• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

2.3. Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

2.4. Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

2.5. Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by contacting Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

2.6. Disclosure of Your Personal Data

2.6.1. Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

2.6.2. Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

2.6.3. Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation

• Protect and defend the rights or property of the Company

• Prevent or investigate possible wrongdoing in connection with the Service

• Protect the personal safety of Users of the Service or the public

• Protect against legal liability

2.7. Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

3. Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

3.1. Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

• Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

3.2. Usage, Performance and Miscellaneous

We may use third-party Service Providers to maintain and improve our Service.

• Google Places

Google Places is a service that returns information about places using HTTP requests. It is operated by Google
Google Places service may collect information from You and from Your Device for security purposes.
The information gathered by Google Places is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/

4. GDPR Privacy

We may be collecting and using information from you if you are from the European Economic Area (EEA), and in this section of our Privacy Policy we are going to explain exactly how and why is this data collected, and how we maintain this data under protection from being replicated or used in the wrong way.
GDPR is an EU-wide privacy and data protection law that regulates how EU residents’ data is protected by companies and enhances the control the EU residents have, over their personal data.
The GDPR is relevant to any globally operating company and not just the EU-based businesses and EU residents. Our customers’ data is important irrespective of where they are located, which is why we have implemented GDPR controls as our baseline standard for all our operations worldwide.

4.1. Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.

• Performance of a contract / order: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.

• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

Any data that relates to an identifiable or identified individual. GDPR covers a broad spectrum of information that could be used on its own, or in combination with other pieces of information, to identify a person. Personal data extends beyond a person’s name or email address. Some examples include financial information, IP addresses, physical address and ethnicity.

The Data Protection Principles include requirements such as:

• Personal data collected must be processed in a fair, legal, and transparent way and should only be used in a way that a person would reasonably expect.

• Personal data should only be collected to fulfil a specific purpose and it should only be used for that purpose. Organizations must specify why they need the personal data when they collect it.

• Personal data should be held no longer than necessary to fulfil its purpose.

• People covered by the GDPR have the right to access their own personal data. They can also request a copy of their data, and that their data be updated, deleted, restricted, or moved to another organization.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

4.2. Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.

• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.

• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

4.3. Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

5. Facebook Fan Page

5.1. Data Controller for the Facebook Fan Page

The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Fan Page https://www.facebook.com/vinylplant, the Company and the operator of the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php
Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages Personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.

5.2. Facebook Insights

We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.
For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.
For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/privacy/explanation

6. Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

7. Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

8. Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page, and/or update the Privacy Policy modification date below.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

9. Contact Us

If you have any questions about this Privacy Policy, You can contact us:
By email: vinylplant@vinylplant.ee
By visiting this page on our website: https://vinylplant.ee/contact/

Terms and Conditions

Last updated: September 27, 2024

1. General Scope of Terms and Conditions

1.1. The following general terms and conditions (“Conditions”) apply to wholesale orders of Goods (as defined in Clause

1.2. For purposes of these Conditions, a “Customer” shall be deemed to be either a natural or a legal person who places the order and enters into the contract in relation to their independent economic or professional activities.

1.3. Vinyl Plant reserves the right to amend these Conditions at any time and at is sole discretion, whereby the most recent version of these Conditions shall always be available on Vinyl Plant’s website accessible through https://vinylplant.ee/ (“Website”). This shall not affect any orders placed prior to such amendments, which shall remain subject to the Conditions as in force at the time of placing the order.

2. Placing an order and acceptance of these Conditions

2.1. The Customer makes an inquiry to Vinyl Plant regarding a potential order through the designated area on the Website, or alternatively directly via e-mail (“Inquiry”).
2.2. The Customer shall ensure that all information provided in the Inquiry is accurate and complete.
2.3. After submitting the Inquiry, the Customer shall receive via e-mail a basic price list of Vinyl Plant. Thereafter the Customer can either decide not to proceed with requesting a specific Offer (as defined in Clause ‎2.5 below) or to request a specific Offer from Vinyl Plant.
2.4. The Customer acknowledges that all information which may be provided by Vinyl Plant about its offered services and the details, cost, weight, dimensions, and other particulars relating to the Goods is solely for informative purposes and does not constitute a binding offer until it has been confirmed in a custom-made Offer sent to the Customer. Until a custom-made Offer, including a prepayment invoice, has been sent to the Customer, Vinyl Plant reserves the right to refuse any requests for Offer.
2.5. Following the Customer’s confirmation on proceeding with a specific Offer, Vinyl Plant shall specify the details of the proposed order (e.g., the recipient and country of destination) and prepare an offer for the Customer (“Offer”). The Offer shall include the total price of the order, including all applicable taxes and delivery costs.
2.6. For the avoidance of doubt, the Customer shall be solely responsible for the accuracy of any contract details (e.g., phone number, e-mail address) and the delivery address provided to Vinyl Plant. In the event that the Customer becomes aware of any inaccuracies in the provided details, the Customer shall immediately notify Vinyl Plant of the same and provide the accurate information.
2.7. The Customer shall accept the Offer, and thereby place the order, either by declaring acceptance of the Offer via e-mail or by making an advance payment as per the issued prepayment invoice. By accepting the Offer, the Customer also accepts these Conditions and thereby agrees to enter into a binding contract.
2.8. Any and all advance payments are solely per project and not per Customer.
2.9. When placing an order and by accepting these Conditions, the Customer confirms that they are legally entitled and capable of validly entering into binding contracts. For Customers who are natural persons, this means that they are at least 18 years of age at the time of placing the order.
2.10. Should Vinyl Plant have reasonable grounds for suspecting fraud or deception upon placing the order by the Customer, or in case Vinyl Plant has accepted a request for Offer mistakenly, Vinyl Plant can retract the acceptance of any requests for Offer at any time, by notifying the Customer of the same.
2.11. No communication for 6 months or inappropriate communication by the Customer will result in the order being cancelled by Vinyl Plant. The foregoing does not exempt the Customer from paying Vinyl Plant for any work done up until that moment.
2.12. The Customer hereby acknowledges that all goods sold by Vinyl Plant are specifically made to order by the Customer (“Goods”).

3. Pricing Policy

3.1. The basic price list of Vinyl Plant sent to the Customer via e-mail and the cost calculator available on the Website are indicative and exclusive of any delivery costs, value added tax (VAT), and costs which the Customer has to incur to ensure that the production of Goods is lawful and does not infringe upon any (intellectual property) rights of third parties, i.e., costs related to obtaining any rights to exercise the copyright or related rights for the production of the Goods.
3.2. The total price to be paid by the Customer shall be determined and outlined in the Offer, after Vinyl Plant has received detailed information from the Customer on the recipient and country of destination. Vinyl Plant cannot calculate the total cost of the contract in advance without the respective information.
3.3. All extra costs for customs, border control, and other non-definable costs (if any) are at the Customer’s expense and risk and will not be outlined in the Offer. The Customer undertakes to reimburse these separately.
3.4. All payments shall be done by means of a direct bank transfer to Vinyl Plant’s bank account indicated in the issued invoices. No other methods of payment are accepted.
3.5. All invoices shall be paid according to the payment terms brought out on the issued invoice.
3.6. Upon failure of the Customer to make the payment(s) in due time, then in addition to the sum due Vinyl Plant shall be entitled to demand from the Customer a late payment penalty in the amount of 0,05% of the payment due for each day of delay.
3.7. The payment is deemed to have been made on the date that the amount due has been credited to Vinyl Plant bank account.
3.8. After acceptance the Offer a per Clause ‎2.7 above, it is no longer possible to cancel an order without covering costs already incurred by Vinyl Plant.

4. Manufacturing of Goods and vinyl test pressing

4.1. For Vinyl Plant to manufacture the Goods, the Customer shall provide Vinyl Plant prior to the start of any manufacturing all music files and design files for prints (i.e., labels and covers) in common file formats as agreed with Vinyl Plant. All files delivered to Vinyl Plant must be legible, processable, and ready for (re)production. The Customer shall also designate the track list, and if relevant their respective sides.
4.2. If this has been agreed upon, the Customer shall also provide Vinyl Plant with the lacquers, DMM plates, stampers and/or master tapes (where relevant considering the context, together with the music and design files as “Materials”) necessary for the manufacture of the Goods.
4.3. All packages sent to Vinyl Plant for manufacturing purposes must be delivered with clear labels including the name of the Customer, Vinyl Plant’s address, and the Customer’s address. All packages must also present a clear name of the Customer’s project, a catalog number and a delivery note.
4.4. The Customer shall bear all costs related to the delivery to Vinyl Plant of any such Materials necessary to manufacture the Goods.
4.5. Where the Goods to be delivered are vinyl, then after receipt of all necessary details and Materials from the Customer, Vinyl Plant shall produce a press mold on the basis of which a test pressing shall be carried out, if so agreed with the Customer. After receipt of the test pressing, the Customer can issue a release for the complete pressing. Following the issued release, it is no longer possible for the Customer to submit complaints about preceding work operations.
4.6. Test cassettes are available only when requested by the Customer.
4.7. The delivered Goods, especially the test pressing and the test cassettes, must always be checked for accuracy upon receiving. The requirement to check the delivered test pressing and the test cassettes for accuracy is particularly important in order for Vinyl Plant to proceed with the production.
4.8. Vinyl Plant has the right to make technical adjustments to the Goods, as long as this does not have a negative effect on the Goods as end products.
4.9. All machines (i.e., recording, tape winding, duplication and pressing machines) are cleaned regularly, but during the production process, minor color differences to the end product in comparison to the color chosen from the color card upon placing the order might occur. These minor color differences shall not be the basis for complaints.
4.10. All prints (i.e., labels and covers) shall be ordered and produced on the basis of the files sent to Vinyl Plant by the Customer. It is therefore the responsibility of the Customer to ensure that all such artwork files are with a satisfactory quality so to ensure a good result for the final product.
4.11. After the vinyl and/or cassettes have been produced, Vinyl Plant thereafter packages the products and arranges their delivery.
4.12. Goods can be manufactured and delivered in parts and must be accepted by the Customer within the delivery performance terms, on condition that the parties have agreed on the performance of the order in parts.
4.13. Vinyl Plant has the right to recycle and reuse parts of the Goods manufacturing process that are left over after the Customer’s order has been produced.

5. Delivery of Goods

5.1. Vinyl Plant will dispatch the Goods to the delivery address specified by the Customer within the deadline marked on the Offer. Thereafter, the actual delivery date of the Goods to the Customer will foremost depend on the destination, as transport time varies from country to country.
5.2. Unless agreed otherwise, all means of transport and routes will be determined by Vinyl Plant.
5.3. Vinyl Plant or its designated third party shall inform the Customer of the delivery date and anticipated delivery time.
5.4. Delivery of the Goods is made through one delivery attempt only. Should the Customer like a new delivery of the Goods, the Customer shall contact Vinyl Plant or the third party designated by Vinyl Plant within 2 days after the first delivery attempt failed. The cost of any new delivery will be made known to in advance and paid by the Customer.
5.5. If the Customer: (i) unjustifiably refuses to accept the Goods; (ii) explicitly declares at least in form reproducible in writing not wanting to receive the Goods for reasons not attributable to Vinyl Plant, or (iii) does not order a new delivery within 2 days after the first delivery attempt failed, Vinyl Plant can withdraw from the contractual relationship by notifying the Customer of the same.
5.6. The return and storage costs of the refused Goods, including any associated administration fees, are to be borne by the Customer. The Customer shall be advised on the incurrence of any such costs and their amounts.
5.7. Warehouse costs per month are 5% of the total amount invoiced, to be paid every month for which the Goods are stored. Vinyl Plant has the right to destroy and recycle the refused Goods after 60 days of rejection. In this case, the Customer shall also pay any costs incurred in relation to the destruction and/or recycling of the Goods.
5.8. All damages to Goods caused by transport are covered only with standard CMR insurance (8,33 SDR per gross kg) unless agreed otherwise.
5.9. Extra insurance of Goods beyond the basic courier insurance stated in Clause ‎5.8 is at the Customer’s expense and discretion.

6. Submission of complaints

6.1. All complaints shall be submitted to Vinyl Plant, using the contact details outlined in Clause ‎13 below.
6.2. All non-conformities must be reported to Vinyl Plant in writing within 14 days of receiving the Goods along with reasonably detailed information of the defects in respect of which a complaint is submitted to Vinyl Plant. Failure to notify Vinyl Plant on time of any detected deficiencies shall result in the Customer losing the right to rely on such non-conformities.

7. Force majeure

7.1. If Vinyl Plant is unable to fulfill its obligations under these Conditions due to force majeure, examples of which include pandemics, armed conflicts and wars, floods, riots, and other circumstances beyond the reasonable control of Vinyl Plant, Vinyl Plant will be released from its obligation to perform.
7.2. Upon the occurrence of an event of force majeure, the obligations of Vinyl Plant are suspended for a period of time equal to the period during which the event of force majeure exists and impedes the performance if the obligation. If the event of force majeure continues for a period of more than three (3) months, either party may terminate the contractual relationship with immediate effect by notifying the other party in writing of the same.

8. Reservation of ownership

8.1. Vinyl Plant reserves ownership of the delivered Goods until full payment of the purchase price for the delivered Goods has been received.
8.2. If it is the Customer’s usual business to resell the items delivered by Vinyl Plant to third parties, the Customer is, however, permitted to resell on the Goods delivered by Vinyl Plant in their ordinary course of business.
8.3. In the case of resale of the delivered Goods, the Customer hereby assigns to Vinyl Plant all claims resulting from the resale of the Goods subject to reservation of ownership as security for Vinyl Plant. As a result of the assignment, Vinyl Plant is entitled to demand the purchase price directly from the end customer.
8.4. In the event of seizure of the delivered Goods, the Customer shall notify Vinyl Plant immediately in form at least reproducible in writing and forward all documents related to the seizure. In this case, the Customer shall bear all legal and out-of-court costs to release the Goods from seizure.

9. Copyright declarations

9.1. The Customer hereby declares that any and all music and design files provided to Vinyl Plant by the Customer for the production of the Goods, including the mediums on which these are stored on, their content, packaging, and presentation, do not infringe upon any intellectual property rights of authors or other rightsholders.
9.2. The Customer shall also give a corresponding copyright declaration at the latest at the moment of accepting the Offer.

The declaration reads as follows: I HEREBY CONFIRM THAT AT THE MOMENT OF ACCEPTING THE OFFER, I AM THE OWNER OF THE MATERIALS OR RIGHTSHOLDER WHO HAS ACQUIRED ALL NECESSARY LICENSES TO USE THE MATERIALS SUBMITTED TO VINYL PLANT FOR THE MANUFACTURE OF THE GOODS, THEREBY I AM AUTHORIZED TO EXERCISE THE COPYRIGHT AND RELATED RIGHTS IN THE AMOUNT AND TO THE EXTENT INDICATED IN THE ORDER, PARTICULARLY THE RIGHT TO REPRODUCE THE MATERIALS. IN CASE OF ANY THIRD-PARTY CLAIMS OR AS MAY BE REQUESTED BY VINYL PLANT, I SHALL SUBMIT ANY AND ALL NECESSARY DOCUMENTS RELATING TO THE SAID MATERIALS, I.E., DOCUMENTS FROM WHICH IT IS EVIDENT THAT I HAVE RECEIVED THE RIGHT TO REPRODUCE, DISTRIBUTE AND MAKE AVAILABLE TO THE PUBLIC THE MATERIALS BEING THE SUBJECT OF THE ORDER IN THE AGREED UPON NUMBER OF COPIES. IN CASE OF INFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, I SHALL INDEMNIFY AND HOLD VINYL PLANT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING FROM OR RELATING TO THE SAID INFRINGEMENT.
9.3. By declaring the above, the Customer assures they have all rights necessary to commission the services and Goods from Vinyl Plant, including the right to use the associated audio, image, text, or other materials, and that their use does not infringe upon any rights of third parties. If any claims are made against the Customer due to infringement of third parties’ intellectual property rights, or forbearance to continue using the delivered Goods, the Customer shall inform Vinyl Plant immediately.
9.4. In the event any intellectual property infringement claims are brought against Vinyl Plant, the Customer undertakes to assist Vinyl Plant in the defense of any such claim.
9.5. Vinyl Plant shall have the right to request from the Customer at any time documents to evidence that the Customer has received and paid for all necessary rights to produce the Goods being the subject of the order in the agreed upon number of copies.
9.6. The Customer agrees and acknowledges that according to § 79 (2) of the Estonian Copyright Act, Vinyl Plant may be obligated to submit certain information relating to the order to collective management organizations upon receipt of their respective inquiry.

10. Liability

10.1. To the extent permitted under applicable law, Vinyl Plant’s liability shall be limited only to direct patrimonial damages (in Estonian: otsene varaline kahju) caused intentionally or due to gross negligence.
10.2. Vinyl Plant’s aggregate liability under these Conditions shall be limited to the total amount paid by the Customer to Vinyl Plant under the order and respective invoice to which the liability event pertains.
10.3. If no clear track list or other listing details (including their respective sides in case of cassettes) are specified by the Customer, then Vinyl Plant is not liable for any resulting errors, such as incorrect ordering of tracks or mixed-up sides.
10.4. Vinyl Plant shall not be liable in cases where the non-conformity of the Goods results from defects in the Materials supplied by the Customer which Vinyl Plant had sufficiently checked.
10.5. Materials delivered by the Customer to Vinyl Plant will only be used in production “as is” and the Customer shall be solely responsible for their quality and suitability. Foremost, the Customer shall be solely liable for mastering and artwork design, which constitute the basis of which Vinyl Plant shall manufacture the Goods. Vinyl Plant excludes all liability for the quality of the music files and design files for prints (i.e., labels and covers) provided to Vinyl Plant by the Customer.
10.6. Vinyl Plant is not responsible for the end product when a test product has been approved by the Customer with all its imperfections.
10.7. Wear marks on vinyl caused by transport or the use by the Customer of standard paper inner sleeves instead of poly-lined inner sleeves, or by not using inner sleeves at all and placing the vinyl directly in disco bags or outer sleeves without any extra protection, are not considered non-conformities for which Vinyl Plant shall be liable.
10.8. In the event the Customer has not acquired all necessary licenses to use the Materials (i.e., foremost the music files) submitted to Vinyl Plant for the manufacture of the Goods and as a result, a third-party claim is brought against Vinyl Plant, the Customer undertakes to indemnify and hold Vinyl Plant harmless from and against any and all claims, demands, actions, damages, costs and expenses (including reasonable legal fees) arising from or relating to the said infringement.

11. Ownership and retention of Materials used for the manufacture of the Goods

11.1. The Materials used for the manufacture of the Goods for the Customer are the property of Vinyl Plant, if no other agreements have been made in this regard.
11.2. Any Materials supplied by the Customer to Vinyl Plant for the production of the Goods shall become the property of Vinyl Plant, unless otherwise agreed with the Customer.
11.3. Vinyl Plant will retain master tapes for 6 months, stampers for 12 months and DMM plates for 24 months, for purposes of reference or reproduction. After the aforementioned time periods have lapsed, Vinyl Plant will recycle the respective Materials without any financial compensation due to the Customer.
11.4. Vinyl Plant has the right to keep at least one test pressing and one final product in the archive for quality verification and legal obligations. These are the property of Vinyl Plant.

12. Data protection

12.1. The extent to which Vinyl Plant processes personal data as a data controller is described in Vinyl Plant’s privacy notice, which is available at: https://vinylplant.ee/privacy/.

12.2. Insofar as Vinyl Plant processes personal data as a processor on behalf of the Customer, who acts as the data controller in the fulfilment of the order, the parties shall enter into a separate data processing agreement (DPA).

13. Contact details

Vinyl Plant

Registry code: 12840343
Address: Kanarbiku tn 1, 61709 Soinaste küla, Kambja vald, Tartu maakond
E-mail address: vinylplant@vinylplant.ee

14. Applicable law and dispute resolution

14.1. These Conditions, and all matters arising out of or relating to these Conditions, shall be governed by and construed in accordance with the laws of the Republic of Estonia, to the exclusion of conflict of law provisions.
14.2. Any disputes arising out of or relating to these Conditions shall be settled by amicable negotiations.
14.3. Any dispute, controversy or claim arising out of or in connection with these Conditions, which the parties fail to solve through amicable negotiations, will be finally settled in Tartu Country Court (in Estonian: Tartu Maakohus) as the court of first instance.

Vinyl Plant is the largest pressing plant in Scandinavia and the Baltics, with a pressing capacity of over one million vinyl records per year.

Vinyl Plant is the largest pressing plant in Scandinavia and the Baltics, with a pressing capacity of over one million vinyl records per year.

Excellent Quality

Excellent Quality

ExcellentQuality

Skill and Experience

Skill and Experience

Skill andExperience

Authentic Technology

Authentic Technology

AuthenticTechnology

Personal Service

Personal Service

PersonalService

Flexible Solutions

Flexible Solutions

FlexibleSolutions

International Shipping

International Shipping

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Products

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Vinyl Records

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Vinyl Colors

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Vinyl Packaging

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Shells & Labels