TERMS OF SERVICE

PLEASE READ SECTION 19 CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. YOU MAY OPT OUT WITHIN 30 DAYS.

A note on where we are right now: at the moment, astinevinyl.com only collects email signups for drop notifications. We aren’t selling anything yet. Sections 5 through 11 below describe how drops, orders, and refunds will work once sales open, and take effect at that point. Section 19’s arbitration terms and the rest of this document apply from the moment you use the site, including now.

1. Agreement

These Terms govern your use of astinevinyl.com and any purchase you make from us. By using the site or placing an order, you agree to them. If you don’t agree, don’t use the site.

Astine Vinyl is operated by Astine Vinyl LLC, located in Arizona, United States. Contact: legal@astinevinyl.com.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live, to place an order. By ordering you represent that you meet this requirement.

You may use a payment method belonging to someone else only with that person’s authorization. Using a payment method without authorization is not permitted regardless of your relationship to the account holder.

3. Definitions

• “Drop” means a limited release of a specific record made available for a defined preorder window.

• “Expected shipping date” means the estimated date stated on the product listing by which we expect to tender your order to a shipping carrier.

• “Delivery” means the point at which the shipping carrier tenders your package to the address on your order.

• “Defective” means a record that does not play as intended due to a manufacturing fault, as distinct from cosmetic variance described in Section 5.

• “Purchase limit” means the maximum quantity a single customer may order in a given drop, as stated at the point of sale.

• “Scalping” has the meaning given in Section 7.

• “Last Chance Drop” has the meaning given in Section 8.

4. Account security

If you create an account with us, you are responsible for maintaining the confidentiality of your login credentials. Notify us immediately at legal@astinevinyl.com if you believe your account has been accessed without your authorization.

Except to the extent prohibited by law, activity completed through your account may be treated as authorized until you notify us that your account has been compromised. You are not responsible under these Terms for transactions determined to be unauthorized under applicable law or the rules of the applicable payment provider, once reported.

5. How drops work

We sell records in limited runs called drops. Each drop works as follows:

• We announce the record and the artist.

• Preorders open for a defined window, typically one week.

• If the drop reaches its stated minimum order threshold, we press the record.

• If the drop does not reach that threshold, the drop is cancelled and every order is refunded in full.

• On occasion, we may do drops that are not preorders, but instead a limited quantity which may be below 250. If a drop only has a limited quantity, it will be disclosed before or during the announcement of the drop.

Preorders are charges, not holds. When you place a preorder, your payment method is charged at the time of order, not at the time of shipping. The charge will appear on your statement under a billing descriptor we disclose at checkout.

Timelines and delays. Manufacturing, release, and shipping dates are estimates unless we expressly state otherwise. We will have a reasonable basis for any shipping timeframe we advertise. If we learn that we cannot ship your order within the timeframe promised when you ordered, we will notify you as required by applicable law. Where required, that notice will give you the option to consent to the delay or cancel the affected order for a prompt refund. If applicable law requires us to obtain your affirmative consent to a delay and we do not receive that consent within the required period, we will cancel and refund the affected order rather than assume you agreed to wait. We may also choose to cancel and refund an order instead of requesting consent to an extended delay.

Please contact us if you have a problem with an order so we have an opportunity to resolve it directly. Nothing in this paragraph limits any right you may have under applicable law or the rules of your payment provider.

Quantities and specifications may change. Color-variant records are individually produced and will not be visually identical to the mockup or to one another. Ordinary differences in color distribution, marbling, splatter placement, opacity, and similar cosmetic characteristics are not defects. This does not exclude defects affecting playback, substantial manufacturing defects, shipping damage, or any right that cannot legally be waived.

Pressing shortfalls. Pressing plants do not always deliver the exact quantity ordered, and a run may occasionally yield fewer usable units than the number of orders placed. We will not knowingly advertise more units in a drop than we reasonably expect to receive, and any promotional, archive, artist, or replacement copies are accounted for separately from the publicly advertised quantity before a drop opens.

If a shortfall occurs anyway, we will try our best to fulfill all orders first, including by using stock freed up from cancelled orders. If that isn’t enough, we will fulfill orders in the sequence they were placed and refund the most recently placed orders first, in full, including any shipping charges paid, until the number of orders matches the units available. We will not reallocate shortfall inventory into a Last Chance Drop while earlier paid orders from the same run remain unfulfilled. We will notify affected customers as soon as we know a shortfall has occurred.

6. Purchase limits and order eligibility

We set per-customer purchase limits on each drop. These limits are stated at the point of sale.

We may cancel and refund any order, in whole or in part, at our sole discretion, including where we believe:

• The purchase limit has been circumvented using multiple accounts, addresses, or payment methods

• The order was placed by automated means

• The buyer intends to engage in Scalping (see Section 7)

• The buyer has previously been prohibited under Section 7

• The order contains errors in pricing or availability

Cancellation under this section results in a full refund, except that cancellation specifically for Scalping is governed by Section 7, which may apply a processing fee as described there. Cancellation under this section does not entitle you to the product.

7. Resale prohibition and enforcement

You may not purchase our records for the purpose of reselling them at a significant markup (“Scalping”). This is a condition of sale, not a suggestion. Lawful resale of a record you already own is not, by itself, prohibited by these Terms. See the first-sale note below.

Every copy we press is individually numbered, and we record which number was assigned to which order. If a copy appears for resale at a significant markup (including, but not limited to, listings on Discogs, eBay, Depop, Vinted, etc.), we may match it to the originating order.

If we determine that an order was placed for the purpose of Scalping, we may:

• Cancel any pending orders tied to that determination and refund them, less a $5 processing fee

• Prohibit the buyer from making future purchases

• Retain and match against the billing address, shipping address, payment identifiers available to us, and account used, for the purpose of enforcing that prohibition

We base this determination on the evidence reasonably available to us, including public resale listings, and we are not required to disclose every detail of that evidence.

This section does not affect your legal rights. In some jurisdictions, first-sale doctrine or equivalent law gives you the right to dispose of a physical item you legally own. Nothing here overrides that. What this section governs is our right to decline future sales to you, which is ours to exercise.

8. Last Chance Drops

From time to time, after a drop’s normal preorder window has closed, we may offer remaining or additional units through a “Last Chance Drop.” Last Chance Drop inventory may consist of unsold units from the original run, or units freed up from cancelled preorders as described in Section 5 or Section 7.

Last Chance Drop orders become final and non-cancellable immediately upon purchase. We will not cancel or refund a Last Chance Drop order once placed, except where required by Section 10 (damaged or defective items) or applicable law. An order will be marked as shipped only once it has actually been tendered to the shipping carrier. Placing a Last Chance Drop order does not itself mean the order has shipped.

By placing a Last Chance Drop order, you acknowledge that the cancellation window and standard refund terms in Section 11 do not apply to that order.

9. Pricing, errors, and promotional codes

Prices are stated at the point of sale and are subject to change before a drop opens. If a product is listed at an incorrect price due to error, we may cancel and refund the affected orders rather than honor the error.

You are responsible for any applicable sales tax, and for any customs duties, import taxes, or handling fees imposed by your destination country on international orders. These are not included in the price you pay us and are not refundable by us.

Promotional codes, where offered, have no cash value, cannot be combined with other offers unless we state otherwise, may carry an expiration date, and may be cancelled if we determine they were obtained or used through misuse or fraud. A promotional code will never reduce a refund below the amount you actually paid.

10. Shipping, risk, and damage

Shipping and delivery timeframes are estimates. Once a package is handed to a carrier, the carrier’s actual delivery timing may be outside our control. Our obligations concerning delays before shipment are described in Section 5.

Title to the product and risk of loss pass to you upon delivery to the shipping address provided with your order, except where applicable law requires otherwise.

If your order is lost or destroyed in transit before delivery, contact us. We will work with you to provide a replacement where reasonably available or an appropriate refund.

Damage and defect claims. If your record arrives damaged or defective, please report the problem within 30 days of delivery. Where the problem can reasonably be photographed, include photographs of the item and packaging. For issues that cannot meaningfully be shown in a photograph, such as audible playback defects, describe the issue in as much detail as you reasonably can.

You do not need to retain packaging unless we ask you to do so as part of resolving a specific claim.

Depending on the nature of the problem and available inventory, we may offer a replacement, replacement component, partial refund, or full refund. Replacements are generally limited to one per affected item per order.

The 30-day reporting request in this section is intended to help us investigate and resolve problems promptly. It does not eliminate or shorten any warranty, conformity, refund, rejection, or other consumer right that applicable law does not permit us to limit.

International orders. Customs processing, inspections, and holds may affect delivery times and are outside our direct control. You are responsible for customs duties, import taxes, and handling fees as described in Section 9, except where applicable law requires otherwise.

If you order from outside the United States, the laws where you live may provide mandatory rights concerning delivery, conformity of goods, cancellation, withdrawal, returns, refunds, warranties, or risk of loss that are different from or additional to the rights described in these Terms. Nothing in these Terms excludes or restricts those rights where they cannot legally be waived.

Package forwarding services. If you direct us to deliver your order to a package forwarding service, reshipper, freight consolidator, or similar intermediary, we are not responsible for loss, damage, alteration, or repackaging that occurs after the order has been successfully delivered to that intermediary, except to the extent applicable law provides otherwise.

11. Returns and refunds

Because our standard drops are pressed to order, our normal policy is that we do not accept returns solely because you changed your mind once the cancellation window below has passed.

This policy is subject to any cancellation, withdrawal, return, refund, warranty, or other consumer right that applicable law gives you and does not permit us to waive.

Cancellation window. For our standard preorder drops, you may cancel your order for any reason until three days before the expected shipping date shown on the product listing at the time you ordered.

Once that cancellation window has passed, the order becomes final under our voluntary cancellation policy, subject to the remainder of these Terms and any rights you have under applicable law.

Nothing in this cancellation window shortens a longer mandatory cancellation or withdrawal period that applies to you by law.

Un-cancelling. If you cancel an order and later ask us to reinstate it, we will try to accommodate the request, but we cannot guarantee that we can do so. Once an order is cancelled, its unit may be reallocated, including to address a pressing shortfall under Section 5 or as inventory for a Last Chance Drop under Section 8.

We will refund:

• Any order cancelled within the window above

• Any order in a drop that does not meet its threshold

• Any order we cancel under Section 6

• Records that arrive damaged or defective, subject to Section 10

• Records that never arrive, subject to Section 10

• Records missing an insert or component described as included with the release; where reasonably possible, we may first offer to send the missing component or an appropriate replacement

• Any other order where a refund is required by applicable law

Under our voluntary return policy, we generally will not refund:

• Orders cancelled after the window described above

• Last Chance Drop orders, per Section 8

• Cosmetic color, marbling, splatter, or finish variance disclosed under Section 5

• Customs duties, import taxes, or handling fees, per Section 9

• Records damaged by the customer after delivery, or materially altered, tampered with, or otherwise used beyond their intended purpose by the customer.

• Dissatisfaction with the music itself

Nothing in this list allows us to deny a refund, replacement, repair, withdrawal, rejection, or other remedy that applicable law requires us to provide. Opening or playing a record does not eliminate rights concerning a defect that could not reasonably have been discovered without opening or playing it.

Refunds issued by Astine are normally returned to the original payment method unless applicable law, technical limitations, or an agreement between you and us permits another method.

International withdrawal rights. Customers in some jurisdictions, including qualifying consumers in certain countries that provide statutory rights for distance purchases, may have a legal right to withdraw from a purchase after receiving the goods even where Astine’s voluntary cancellation period has ended.

Where such a right applies, we will honor the withdrawal period, refund requirements, return procedures, and any lawful exceptions required by the law governing that purchase.

A record being sold through a preorder, limited pressing, or made-after-orders-close production model does not, by itself, mean that we will treat the purchase as exempt from a mandatory statutory withdrawal right. We will rely on an exception only where that exception actually applies under the governing law.

If you believe a statutory withdrawal right applies to your purchase, contact hello@astinevinyl.com.

Chargebacks and payment disputes. If you believe there is a problem with your order or payment, we encourage you to contact us first so we have an opportunity to investigate and resolve it.

You do not waive any legal right, cardholder protection, or payment-provider dispute right by purchasing from Astine, and filing a legitimate payment dispute will not, by itself, be treated as Scalping under Section 7.

Knowingly submitting a false, fraudulent, or materially misleading payment dispute, including falsely claiming that an authorized purchase was unauthorized or falsely claiming that an item was never delivered when reliable evidence shows otherwise, may result in cancellation of pending orders or restrictions on future purchases where permitted by law.

Any such determination will be based on the circumstances and evidence reasonably available to us. Nothing in this paragraph restricts a consumer’s right to dispute a transaction in good faith.

12. Payment, verification, and fraud prevention

An order is accepted, and a contract formed, when we charge your payment method at checkout, not merely when you receive an automated confirmation email, which may be sent before we’ve verified the order.

We may verify payment and shipping information, contact you to confirm details on an order, decline or cancel orders we cannot reasonably verify, and correct obvious clerical errors (such as a mistyped shipping address) before an order ships.

13. Intellectual property

The site, its design, our name, logo, and written content are ours. The music, artwork, and associated rights on the records we press belong to the artists and their rights holders.

Buying a record buys you that physical copy. It does not grant you any license to reproduce, distribute, publicly perform, or commercially exploit the recording or artwork.

Featuring an artist’s release on Astine Vinyl reflects our interest in their music and does not constitute an endorsement of that artist’s personal views, conduct, or activities outside of their work with us.

14. Acceptable use

You agree not to:

• Use bots, scripts, scrapers, or other automated means to browse, add to cart, check stock, or check out

• Circumvent purchase limits by any means

• Interfere with the operation or security of the site

• Use the site for any unlawful purpose

15. Product use and assumption of risk

Our products are phonograph records, intended to be played on turntables and stored on shelves.

You assume all risk arising from any use of our products other than their intended use. This includes, without limitation, modifying, breaking, melting, cutting, sharpening, or repurposing a record, and any injury or damage resulting from doing so. Records can shatter into sharp fragments when broken. Don’t do that.

We are not responsible for damage to your playback equipment, though we’d like to hear about it if it happens, because it shouldn’t.

16. Disclaimer of warranties

THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, this section applies to the fullest extent permitted, and nothing here limits any non-waivable statutory rights you have as a consumer.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR PURCHASE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

These limits do not apply to liability that cannot be limited by law, including death or personal injury caused by negligence, or fraud.

18. Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, fire, flood, pandemic, war, civil unrest, labor disputes, government action, supply chain disruption, pressing plant closures or backlogs, shortages of raw materials, or failures of carriers, payment processors, or other third-party services we rely on.

If a force majeure event prevents us from fulfilling a drop within a reasonable time, we will notify affected customers and offer a refund if the delay is extensive.

19. Dispute resolution, arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT WHERE YOU PROPERLY OPT OUT OR AN EXCEPTION BELOW APPLIES, IT REQUIRES COVERED DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN A JURY TRIAL OR CLASS ACTION.

19.1 Informal resolution first

Before starting arbitration, the party asserting a dispute must first provide the other party with written notice describing the dispute and the relief requested. Notices to Astine must be sent to legal@astinevinyl.com. After notice is received, both sides agree to make a good-faith effort to resolve the dispute informally for 60 days before commencing arbitration, unless applicable law requires a shorter period or immediate action is reasonably necessary to preserve a claim or seek emergency relief. Astine agrees to follow the same process before commencing arbitration against you.

19.2 Binding individual arbitration

If a covered dispute cannot be resolved informally, either party may require that it be resolved through binding individual arbitration rather than in court, except as provided in Section 19.4 or where applicable law does not permit arbitration of the claim.

The arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules applicable at the time the arbitration is commenced, as modified only to the extent permitted by those rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable. The arbitration will be conducted before a single arbitrator.

Any hearing location or method of participation will be determined consistently with the AAA Consumer Arbitration Rules and applicable law. Where permitted, arbitration may be conducted by telephone, videoconference, written submissions, or another mutually agreed method. Arbitration fees and costs will be allocated as required by the applicable AAA Consumer Arbitration Rules and applicable law. Astine will pay any fees it is required to pay under those rules. Nothing in this section requires a consumer to bear arbitration costs that applicable law or the governing arbitration rules require Astine to pay. Except where applicable law requires a court to decide the issue, the arbitrator may resolve disputes concerning the interpretation, applicability, or enforceability of this arbitration agreement. A court, rather than the arbitrator, will decide any dispute concerning the enforceability of the class-action waiver in Section 19.3.

19.3 Class action waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ASTINE VINYL AGREE THAT COVERED CLAIMS WILL BE BROUGHT AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Except where the applicable arbitration rules expressly provide otherwise for coordinated administration, an arbitrator may not combine the substantive claims of different individuals or issue relief on behalf of anyone other than the individual parties to the arbitration. The arbitrator may award any relief available under applicable law to the individual party seeking relief.

If this Section 19.3 is finally determined to be unenforceable with respect to a particular claim or request for relief, that claim or request for relief will proceed in a court of competent jurisdiction rather than in class arbitration, unless applicable law requires otherwise. The remainder of Section 19 will continue to apply to the extent enforceable.

19.4 Exceptions

Notwithstanding the provisions above, either party may:

• Bring an individual claim in small claims court, if it qualifies

• Seek injunctive or equitable relief in court for infringement or misuse of intellectual property

• Bring a claim in court where applicable law gives the claimant a non-waivable right to do so

19.5 Coordinated or mass filings

If multiple arbitration demands are submitted in a coordinated manner and qualify for procedures governing mass or coordinated arbitration under the AAA rules applicable at the time of filing, those demands will be administered under those procedures. Nothing in this subsection is intended to create a class arbitration procedure or eliminate any individual right or procedural protection provided by the applicable AAA rules.

19.6 30-day opt-out

You may opt out of this Section 19 within 30 days after you first accept these Terms. To opt out, email legal@astinevinyl.com with the subject line “Arbitration Opt-Out” and include your name and the email address associated with your account or order. Your opt-out notice must clearly state that you are opting out of the arbitration agreement.

Opting out of arbitration will not affect any other part of these Terms, will not affect your ability to purchase from Astine, and will not result in different pricing or treatment. If you timely opt out, disputes between you and Astine will be resolved under Section 20 instead of this Section 19.

19.7 Administration and consumer protections

Astine intends for this arbitration provision to be administered only to the extent it complies with the consumer standards and procedures required by the arbitration provider and applicable law. Nothing in these Terms is intended to deprive a consumer of procedural protections that the applicable arbitration rules or law make mandatory.

19.8 Survival

This Section 19 survives termination of these Terms and the completion, cancellation, refund, or termination of any purchase relationship between you and Astine, subject to applicable law.

20. Governing law and venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles, except to the extent federal law applies or the mandatory law of another jurisdiction cannot legally be displaced by this agreement.

For disputes that are not subject to arbitration under Section 19, you and Astine consent to the jurisdiction of the state and federal courts located in Maricopa County, Arizona, except where applicable law gives you a non-waivable right to bring or defend a proceeding in another jurisdiction. If you are a consumer residing in a jurisdiction whose laws provide mandatory consumer protections, a right to bring proceedings in your home jurisdiction, or another right that cannot legally be waived by contract, nothing in these Terms deprives you of those protections or rights. Nothing in this section changes the arbitration requirements of Section 19 where Section 19 is valid and applicable.

21. Changes to these Terms

We may update these Terms. The version in effect at the time you place an order governs that order. Material changes will be posted with an updated date at the top, and where the change affects Section 19, we will provide notice and a fresh 30-day opt-out window.

22. Severability and waiver

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions remain in full force.

Our failure to enforce any provision is not a waiver of our right to enforce it later.

23. Assignment

We may assign, transfer, or delegate these Terms and any rights or obligations under them, in whole or in part, without notice to you, including in connection with a sale, merger, reorganization, or transfer of the business or its assets. You may not assign your rights or obligations under these Terms without our prior written consent.

24. Notices

Any notice we’re required to give you under these Terms will be sent to the email address associated with your order or account, and is considered received when sent. Any notice you give us should be sent to legal@astinevinyl.com. Neither of us is required to provide notice by any other method.

25. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Astine Vinyl regarding the site and your purchases, and supersede any prior understandings.

26. Contact

legal@astinevinyl.com