Terms and Conditions
§ 1 General
All Einstürzende Neubauten Merchandise GbR (hereinafter referred to as ENM GbR) deliveries to consumers are governed by these Terms and Conditions. Supplements, amendments, or collateral agreements require the written form.
§ 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 ENM GbR 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 GbR 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 GbR accepts the following payment terms:
Transfers to the following account
Recipient: Einstürzende Neubauten Merchandise GbR
IBAN: DE27 1005 0000 6000 0086 76
BIC-/SWIFT Code: BELADEBE
Bank: 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 GbR 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.
Please do not send cash under any circumstances, because ENM GbR is not liable for any loss! Order forms received with checks or cash will not be processed and will be returned.
§ 4 Delivery Terms
Delivery terms commence on the order confirmation date by ENM GbR. ENM GbR 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:
shippment weight up to 500 g: EUR 6,00 incl. VAT
shippment weight over 500 g: EUR 7,50 incl. VAT
International shipping costs are as follows:
EU shipping costs:
shippment weight up to 500 g: EUR 15,00 incl. VAT
shippment weight over 500 g: EUR 20,00 incl. VAT
Europe (all Non-EU countries)/ shipping costs:
shippment: EUR 35,00
World (all countries outside Europe)/ shipping costs:
shippment: EUR 55,00
Please note that customs fees charged by the respective post offices and postal services are calculated by the value of the merchandise AND the shipping costs. Shipments to all countries outside of Europe are made expressly at the customer’s own risk and any claims regarding shipments must be carried out directly between the customer and the responsible shipping company. Justified claims based on defective merchandise are the exception.
(For every shipment we add 250 grams of packing material.)
The customer is notified of the shipping costs prior to the shipping of the items.
Rights to the cancellation and return of sealed or shrink-wrapped audio, video and data purchases are nullified if the merchandise has been unsealed or opened by the customer after delivery. Any clothing returns MUST BE unworn, undamaged and unwashed.
These terms do not apply to justified claims due to the delivery of defective merchandise.
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
All Products, which can be shipped as a parcel, are to be returned at risk of sender. The customer bears the shipping costs for the return of the products, if the delivered products match the ordered products.
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, 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. Shipping and handling charges are not refundable. You will be responsible for any return shipping costs. We recommend you use a trackable and insured shipping method as we cannot accept responsibility for items not received or damaged in transit.
The cancellation or the product return is to be addressed to:
Einstürzende Neubauten Merchandise GbR
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.
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 GbR 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. All Products, which can be shipped as a parcel, are to be returned at risk of sender. The customer bears the shipping costs for the return of the products, if the delivered products match the ordered products.
§ 6 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 GbR 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 GbR 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 GbR 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.
§ 7 Liability
The following applies to any damage and reimbursement of incurred expenses claims that are due to negligence on the part of ENM GbR, ENM GbR is only liable for damages caused by intentional or grossly negligent acts or culpable breach of a material contractual obligations by ENM GbR 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.
§ 8 Data Protection
Within the scope of the Federal Data Protection Act, ENM GbR 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 GbR 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.
§ 9 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.
§ 10 Disclaimer
In cases of dispute, the German version of these terms and conditions takes precedence.