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§ 1 General- All Einstürzende Neubauten Merchandise GbR (hereinafter referred to as ENM) deliveries to consumers are governed by these Terms and Conditions. Supplements, amendments, or collateral agreements require the written form.
- Special terms and conditions for commercial customers will be provided upon request.
§ 2 Offer and Agreement Conclusion- ENM notifies the customer of the order receipt via an electronic receipt confirmation. This does not yet constitute the conclusion of an agreement. An agreement is concluded by order confirmation or performance of the order.
- In the event an item is not immediately available EMN will notify the customer, and in accordance with the customers choice a partial delivery will be shipped as the items become available or the entire delivery will be shipped once all ordered items become available. In the event an item does not become available within a maximum delivery period of four weeks, ENM will notify the customer promptly. In this event the customer has the right to withdraw from the agreement. The purchase price will be reimbursed immediately if already paid.
§ 3 Payment Terms- ENM accepts the following payment terms:
- Cash on Delivery:
Cash on delivery is paid to the delivery service. An additional fee of EUR 2.00 is charged per COD. Cash on deliveries are only possible within Germany and Austria.
- Tranfers to the following account
Holder: Einstürzende Neubauten Merchandise GbR
Account No: 60 00 00 86 76
Routing Number: 100 500 00
Banking Institute: Berliner Sparkasse
The customers name and the Order ID indicated in the Order Confirmation are to be specified in the memo portion of the bank transfer, otherwise the payment cannot be assigned to the respective order number. The item will be shipped as soon as the total specified in the order confirmation (product amount and shipping costs) is credited to the ENM account. The shipment will be delivered by the postal service.
In the event the order is not credited within a 10 day period the order will be cancelled. The customer will be notified of the cancellation via e-mail.
- Per PayPal.
- Please do not send cash under any circumstances, because ENM is not liable for any loss! Order forms received with checks or cash will not be processed and will be returned.
- Offsetting is only possible in cases of undisputed claims or claims that have been recognized by declatory judgment.
§ 4 Delivery Terms- Delivery terms commence on the order confirmation date by ENM. ENM is only liable for delays in performance or the impossibility of performance in the event of intent or gross negligence.
- The consumer bears the shipping costs.
The shipping costs for Germany are as follows:
EUR 6,00.
International shipping costs are as follows:
EUR 15.00.
The weight of the order is automatically determined by the shop system. The customer is notified of the shipping costs prior to the shipping of the items.
§ 5 Cancellation Instruction- Consumers may cancel their order in text form (for example by letter, fax, e-mail) within 2 weeks without stating any reasons or - in the event the item has been transferred prior to the beginning of the period - through the return of the item. The period begins upon the receipt of this instruction in text form, however, not before the receipt of the product by the recipient. The timely mailing of the cancellation or shipping of the products is sufficient to comply with the cancellation period.
- The cancellation or the product return is to be addressed to:
Einstürzende Neubauten
Merchandise GbR
Beusselstr. 88
10553 Berlin
Fax: +49 30 25797137
E-Mail: shop@einstuerzende-neubauten.org - The cancellation right does not apply in the event of
- sealed and/or shrink wrapped audio, video and data media to the extent the delivered media has been unsealed and/or opened by the customer,
- news papers, magazines and periodicals,
- photographs which are delivered via download.
- Consequences of Cancellation:
In the event of an effective cancellation, each party is obligated to return received contractual considerations and any derived profits (for example interest) from such considerations, if appropriate. In the event the customer cannot return the received products in whole or in part or in deteriorated condition he/she is obligated to compensate ENM for the incurred loss, if any. This does not apply to the transfer of products in the event the deterioration of the products is ascribed exclusively to its inspection - as it would have been possible at a store. Otherwise the obligation to pay compensation for the appropriate use of the products can be avoided by not using the product as ones property and to abstain from any actions which deteriorate the value of the product - Products, which can be shipped as a parcel, are to be returned at the risk of ENM. The customer bears the shipping costs for the return of the products, if the delivered products match the ordered products and if the price for the products to be returned does not exceed Euro 40 or, in the event the price exceeds Euro 40, if the customer did not provide for the contractual consideration or agreed upon installment at the point in time of the cancellation of the order. Otherwise the return shipment of the products is free of charge for the purchaser.
- Products which cannot be returned as parcel will be picked up by ENM. Any obligation for the reimbursement of payments must be met within a period of 30 days. The period commences for the purchaser with the mailing of the cancellation declaration or the shipping of the products. The period commences for ENM with the receipt of the cancellation declaration or the products.
§ 6 6 Scope of Service with regard to the Acquisition of Photographs- The acquisition of photographs via shipment or download does not entitle the customer to make copies of the purchased photographs. The following exception applies in the case of downloads: the creation of a backup copy as well as a printout. Other copies, publishing, or exploitation are only permitted with ENMs consent.
§ 7 Warranty- Defect claims are not effective in the event of minor deviations of the agreed upon property or only minor impairment of the usefulness.
Possible minor color deviations between the images and the delivered products are technical and do not represent any defect. Back and arm printing of T-Shirts etc... may deviate due to product updates. ENM endeavors to always provide the most up-to-date version (for example current tour schedule and improved designs etc...). All over-prints can be due to the extravagant production methods, which can result in some edges being left blank. This does not constitute a defect. - ENM is not liable for any defects that are due to the improper adherence to care instructions. Textiles are to be washed prior to being worn to remove any residue from the production process. T-Shirts may only be washed at 30 degree Celsius and are to be washed inside out. All textiles may not be dried in a drier.
- ENM meets its warranty obligations by replacing the defective product. In the event the product cannot be replaced, the customer may demand at its option the reduction of the purchase price or may demand the cancellation of the agreement. In the event of a minor contractual infringement, in particular in the case of only minor defects the customer may not withdraw from the agreement.
§ 8 Liability- The following applies to any damage and reimbursement of incurred expenses claims that are due to negligence on the part of ENM:
- ENM is liable for injury to life, limb, or health. ENM is only liable for damages caused by intentional or grossly negligent acts or culpable breach of a material contractual obligations by ENM as well as pursuant to the product liability act. Any additional liability is excluded.
- Paragraph 1 applies accordingly to damage claims for fruitless efforts. The limitation of liability does not change the burden of proof to the detriment of the purchaser.
§ 9 Data Protection- Within the scope of the Federal Data Protection Act, ENM may use and store customer related data, received in connection with the business relationship, irrespective if such data is received from the customer or from third parties. This note replaces the notification according to the German Data Protection Act, that personal data of customers are stored and processed by means of electronic processing.
- ENM undertakes to utilize and store data only to the extent necessary as required to process this agreement, for the assertion of claims under this agreement and within the context of commercial accounting obligations. Any disclosure of personal data to any third party requires the consent of the customer.
§ 10 Final Provisions- In the event a provision of these General Terms and Conditions are or become ineffective, this does not affect the effectiveness of the remaining provisions.
© ENM, Berlin, August 2009
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