General Terms and Conditions and customer information
1. Scope of application
2. Offers and specifications
3. Order process and contract
4. Price and shipping
5. Delivery, product availability
6. Payment Terms
7. Retention of title
8. Warranty for defects and warranty
9. Storage of contract
10. Right of Withdrawal
11. Data Protection
12. Applicable Law
1. Scope of application
1.1. For the business relationship between Upstartz Records, Alexander Schlaack, Ellenbogen 8, 20144 Hamburg, Germany, and the customer (hereinafter “Customer”) the following General Terms and Conditions are valid at the time of the order.
1.2. You can reach us for questions and complaints via email under mail [at] upstartzrecords.net.
1.3. Within these terms is any natural person who enters into a transaction for a purpose that can be attributed mostly neither commercial nor its independent professional activity (§ 13 BGB).
1.4. Differing conditions of the customer are not recognized, unless we have agreed to them explicitly.
2. Offers and specifications
2.1. The presentation of products in our online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on our websites do not have the character of a representation or warranty.
2.2. All offers are “while stocks last”, if not stated otherwise in the products. Incidentally errors excepted.
3. Order process and contract
3.1. You can select a product of our range and click “add to cart” to collect products in a so-called cart. From the cart you can “proceed to checkout” to complete your order within the shopping cart by clicking the button below. There you will receive an overview of the products in the cart and give your billing and delivery address and choose the desired payment method. Clicking “proceed” you will reach the order summary.
3.2. By clicking the “order liable to pay” button you give a binding offer to purchase the goods in the cart. Before submitting the order, you can change at any time and view the data. Required fields are marked with an asterisk (*).
3.3. We will then send you an automatic acknowledgment email, in which the order will be listed again. You can print the text via the “print” function (order confirmation). The automatic acknowledgment of receipt only documents that your order has been received by us and does not constitute acceptance of the application. The purchase contract is only concluded when we send you an order confirmation or invoice or send the order to you within seven days.
4. Price and shipping
4.1. All prices indicated on our website are inclusive of applicable taxes.
4.2. In addition to the prices we charge shipping costs for delivery. Shipping costs are communicated clearly on a separate information page and in the order process.
5. Delivery, product availability
5.1. When payment in advance is agreed, delivery is made after receipt of payment.
5.2. Should not all ordered products be in stock, we are entitled to partial deliveries at our expense, if this is acceptable for you.
5.3. Should the delivery of the goods fail due to the fault of the buyer after three tries of delivery, we can withdraw from the contract. If necessary, the customer made payments will be refunded immediately.
5.4. If the ordered product is not available, because we are not supplied with this product from our deliverers without any fault, we can withdraw from the contract. In this case, we will inform you immediately and suggest you to supply a comparable product. If no comparable product is available or you wish not get a comparable product, we will refund your payment.
5.5. Customers will be informed of delivery times and delivery restrictions (for example, limiting supplies to certain countries) on a separate information page or within the product description.
6. Payment Terms
6.1. You can choose from the available payment methods before completing the ordering process. Customers will be notified on the available payment methods on a separate information page.
6.2. If payment by invoice is available, payment must be made within 30 days of receipt of the goods and the invoice. For all other forms of payment, prepayment shall be made without deduction.
6.3. If third-party payment service providers are responsible for payment processing, for example PayPal or Stripe, the third-party payment service providers Terms and Conditions apply.
7. Retention of title
Until full payment the goods remain our property.
8. Warranty for defects and warranty
8.1. The warranty shall be governed by statutory provisions.
8.2. To any textile and printing products applies the following disclaimer: Possibly slight color differences between pictures and the goods supplied are for technical reasons and do not constitute defects. There is no liability for defects assumed in textile products, which are due to a breach of the care instructions. Textiles must be washed before wearing according to the care instructions and dry.
9. Storage of contract
9.1. You can print the text of the contract before the delivery of the order by you in the last step of the order using the print function of your browser.
9.2. We send you also an order confirmation with all order data to the email address specified by you. With the order confirmation also you will receive a copy of the Terms of Use and in addition the instructions about shipping, delivery and payment. If you have registered in our shop, you can see your orders placed in your profile area. In addition, we save the contract, but do not make him available on the Internet.
10. Right of Withdrawal
10.1. You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which you or a third-party named by you, which is not the carrier, have taken physical possession of the goods. To exercise your right of withdrawal, you must inform us,
Upstartz Records
Alexander Schlaack
Ellenbogen 8
20144 Hamburg, Germany
mail [at] upstartzrecords.net
by a clear statement (for example by post mail, fax or email) of your decision to withdraw from this contract. You can use the model withdrawal form on our website, which is not mandatory, however. In order to observe the revocation period it is sufficient for you to send the message about the right of withdrawal before the withdrawal deadline .
10.2. Excluded from the right of withdrawal are digital content (downloads) and disks (CD, vinyl, DVD) , because it can not be excluded that a copy has been created.
10.3. Effects of withdrawal: If you withdraw from this contract, we will refund you all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a more expensive type of delivery other than offered by us), and must be repaid immediately at the latest within fourteen days from the date on which we received your cancellation. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise ; in any case we will not charge fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have demonstrate that you have returned the goods, whichever is the earlier.
You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days. You bear the direct cost of returning the goods. In case of an authorized warranty (faulty workmanship or damage that we have to take the responsibility for) we will take the cost of return shipment, please contact us personally in this case before returning the goods .
You only need to pay for any diminished value of the goods, if the deterioration in value is due to a not necessary usage to ascertain the nature, characteristics and functioning of the goods dealing with them.
11. Data Protection
11.1. We process your personal data for appropriate purposes and according to legal regulations.
11.2. The for the purpose of ordering goods specified personal information (such as name, email address, address, payment data) are used by us for the processing of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
11.3. You have the right to receive free information on request about the personal data stored by us about you. In addition, you have the right to correct inaccurate data, blocking and deletion of your personal data, insofar as there is no legal obligation to retain.
11.4. More information about the type, scope, location and purpose of the collection, processing and use of required personal data by us can be found in our Privacy Policy.
12. Applicable Law
Applicable Law is only German law. Compared to a consumer this choice of law applies only in so far as no binding legal provisions of the country in which he has his domicile or habitual residence are restricted.