General Terms and Conditions
1.1.The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between shameless, Boris Hauf, Bernauer Str. 38, D 10435 Berlin, Germany (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) in the version valid at the time of placing the order.
1.2. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by shameless and the purchaser in writing, in individual cases.
1.3. The contractual language is English.
1.6 We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
1.7. We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
1.8. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
1.9. You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
1.10 You agree not to attempt any unauthorized access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
1.11 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
1.12 All sales are final. A sale is confirmed immediately when you begin to download a song from the Website and you will have no right to cancel your contract once the sale commences.
1.13 The price for a particular Download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.
1.14 We reserve the right to change options relating to music downloadable from the Website without prior notice.
2. Products and performance specifications
2.1.The presentation of products in the online store does not constitute a legally binding offer, but merely an invitation to place an order. Performance specifications in catalogues and websites of the Seller should not be construed as an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated in the product description. Any responsibility for errors is hereby excluded.
3. Ordering process and conclusion of contract
Select the products that you want to order by clicking on the “Buy Now” button. Your selection is then added to the shopping cart. You can change your selection at any time before submitting your order, allowing you to change the number of products by clicking the “Remove” button to delete the selection or cancel the order process.
3.3. Check the billing address / Select Payment
Check your billing address and enter your desired payment method. By clicking the button “Next” to go to the next order step.
3.4. Check shipping address / Select shipping method
Check your shipping address. You will receive an overview of your order: selected products, shipping and billing address and your contact information. verify that all information is correct and read up the Terms and Conditions and the Conditions carefully. You can only proceed with the order, if the Terms and the Privacy Statement agree (checkmark). By clicking on “Place Order” you will send your order to us confirming a legally binding offer.
3.5. Next, the Seller will send the Customer an automatic confirmation of receipt by email detailing the Customer’s order, which the Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely confirms that the Customer’s order has been received by the Seller and shall not constitute an acceptance of the order. The purchase agreement shall only come into effect if the ordered product is dispatched or handed over by the Seller to the Customer or if the dispatch of the goods is confirmed by sending an invoice or an express order confirmation by another email within 4 days of placing the order (for entrepreneurs the acceptance period shall be 14 instead of 4 days).
3.6. In case of advance payments or if the Customer chose to pay the Product at the Sellers store, the contract shall come into effect upon provision of the bank details and/or request for payment. If the payment is not received by the Seller within 10 days of sending the order confirmation despite a second request for payment or the product was not picked up at the Sellers store within this term, the Seller shall rescind the contract with the result that the order will be cancelled and the Seller relieved from the obligation to deliver. The order shall then be deemed completed without any further consequences for the buyer or the Seller. When paying in advance, goods can only be reserved for a maximum period of 10 calendar days.
4. Prices and delivery costs
4.1. All prices quoted on the Seller’s website are in Euro and inclusive of any applicable VAT.
4.2. Insofar as nothing else is agreed on, the consignment will be sent from shameless to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
4.3. If shameless offers ‘free shipping’ the shipping costs are included in purchase price. Free shipping is not insured. If you require insured shipping please get in touch prior to pruchase.
4.4. The delivery costs and, if applicable, packaging costs, are clearly communicated to buyers on a the information page: http://shamelessrecords.rocks/shipping as part of the ordering process.
5. Delivery, availability of goods
5.1. Information about delivery times can be found in a separate information page: http://shamelessrecords.rocks/shipping
5.2. Where payment in advance or the product are to be picked up at the Sellers store has been agreed, the goods shall be delivered after receipt of the invoice amount.
5.3. After three unsuccessful delivery attempts caused by circumstances attributable to the buyer, the Seller shall be entitled to rescind the contract.
5.4. If the ordered product is not available, because the Seller has not received the goods from his suppliers for reasons beyond his control, the Seller shall be entitled to rescind the contract. In this case, the Seller shall notify the Customer immediately and may offer to deliver a comparable product. If no comparable product is available or the Customer will not accept a comparable product, the Seller shall refund any payments already made to the Customer immediately.
5.5. Customers shall be notified of delivery times and restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or in the relevant product description.
6. Payment terms
6.1. The Customer can select the mode of payment from the available payment methods during the ordering process and before completing the order. Information about the available payment methods is provided to customers on a information page: http://shamelessrecords.rocks/terms
6.2. International orders may be subject to customs duties and bank charges may be payable on international bank transfers; any such charges, duties or taxes shall be borne by the buyer.
6.3.Where third-parties (e.g. PayPal) are tasked with payment processing, their general terms and conditions shall apply.
6.4. If there are differences in delivery times for the ordered products, a single invoice will be issued for each partial delivery.
6.5. The seller may provide the invoice by post or by electronic means.
6.6. If a calendar date has been specified for payment, the Customer will be in default if he fails to deliver by that date. In this case, the Customer shall be obliged to pay the statutory late-payment interest.
6.7. For Customers who are entrepreneurs, the Seller reserves the right to fulfill the order only against payment upon delivery or advance payment in individual cases or in the event that payment by credit institutions or services providers of the respective type of payment is rejected. In this instance, the Customer can accept this or withdraw from his order. Cheques are only accepted as conditional payment from Customers who are entrepreneurs and may be returned at any time.
6.8. Costs incurred by reversing a payment transaction for lack of cover or due to wrongly transmitted data by the Customer will be charged to the Customer.
6.9. The Customer’s obligation to pay late-payment interest shall not preclude the Seller’s right to assert further late-payments claims.
6.10. The Customer shall only be entitled to offset claims, if his counterclaims are legally established or undisputed by the Seller. The Customer may only withhold payment if all the relevant claims arise from the same contractual relationship.
7. Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of shameless.
8. Cancellation policy
We offer exchanges or refunds if we sent the wrong item or if the item was damaged due to packaging. We do not offer exchanges or refunds for any other reasons.
9. Return instructions
9.1. This section (“Return instructions”) shall not be construed as a precondition for the effective exercise of the right of withdrawal.
9.2. Customers must notify the Seller of their intention to return the goods within 2 weeks of delivery. The Customer shall provide sufficient documentation (photos, witness accounts,…) that return and cancellation policy is of probable cause. Only after communication with the Seller has been established Customers are requested to send the goods as a prepaid package back to the Seller and to keep the proof of posting. The Seller shall refund the Customer for postage costs upon request, unless they are to be borne by the buyer. Customers are advised to prevent the goods from being damaged or contaminated. The goods should be returned to the Seller preferably in original packaging together with all the supplied accessories. Where the original packaging is no longer available, the goods should be placed in another suitable packaging to ensure they are adequately protected against transport damage.
10.Liability / Warranty for material defects
10.1.The goods supplied by the Seller shall only be covered by a warranty if this has been expressly indicated by the Seller. Customers are informed about the warranty conditions prior to placing the order.
10.2. The legal provisions are valid for defects to the goods sold. It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods. shameless is therefore not liable for any damages except for damages to the actual delivered goods.
10.3. shameless emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. shameless shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
10.4. shameless emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intellectual property rights or ancillary copyright. shameless shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intellectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
11. Disclaimers and Limitation of Liability
11.1.The following exclusions and limitations of liability apply with regard to Seller’s liability for damage compensation, notwithstanding the other legal claim requirements.
11.2.The Seller assume s unlimited liability if the cause of the damage is the result of intent or gross negligence.
11.3.Furthermore, the Seller assume s liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fullfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, the Seller shall only be liable for the foreseeable damage that might typically occur under the Agreement.The Seller is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.
11.4.The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.
11.5.If the Seller liability is excluded or limited, this also applies for personal liability of its employees, representatives, agents or assistants.
12.Saving the text of the contract
The Customer may print the text of the contract before submitting the order to the Seller by using the print function of their browser.
13. Data protection
Personal data that shameless has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. Further details are specified in the data privacy regulations.
14. Applicable law
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.
updated: August 23, 2015