Terms & Conditions

Contents

01. Contractual Partner, Validity, User Registration
02. Offer, Order, and Conclusion of Contract
03. Prices
04. Payment
05. Reservation of proprietary rights
06. Shipping costs
07. Delivery
08. Right of cancellation
09. Warranty, liability limitation
10. Gift certificates, vouchers
11. Packaging
12. Privacy policy
13. Severability clause
14. Choice of law, place of jurisdiction  

1. Contractual Partner, Validity, User Registration

1.1 The contractual partner is Black Screen Records (CEO Kevin Schulz, Einzelunternehmer/Sole Trader), Florastraße 94, 50733 Köln, Germany

1.2 Our terms and conditions are an integral part of the contract and are valid for every user, i.e. also for future purchases and deliveries. You fully accept the terms and conditions at the time of the business transaction. We object to regulations that derivate from the conditions specified in the terms, especially your own terms. Our terms and conditions are permanently accessible on our website www.blackscreenrecords.com

1.3  A customer is specified as a consumer as far as they do not predominantly utilise deliveries and services as part of their commercial or freelance occupation. An entrepreneur is specified as natural or legal person or a partnership with legal personality who or which, when entering into the legal transaction, acts in exercise of his or its trade, business or profession.

1.4  Our webshop can either be used as a guest or as a registered customer. A claim for registration and use of our website does not exist.

  • Guest
    Using our webshop as a guest will temporarily store data that is relevant for the purchase and dispatch. It is mandatory that the required data is complete and truthful.

  • Registered user
    Registering for our webshop is free of charge. In order to be approved as a registered customer you electronically fill in the form and send it to us. It is mandatory that the required data is complete and truthful. You log in by using your e-mail address and password. If you’ll be using a nickname in the future that nickname must not infringe the rights of a third party, additional rights to a name, trademarks or be morally questionable. You are obligated to keep your password confidential. You can change your customer account any time. You are solely responsible for keeping your details up to date.

2. Offer, Order, and Conclusion of Contract

2.1 All our offers are non-binding, as long as they have not been specifically designated as binding or are conditioned by statutory terms of acceptance. You can select items from our product range and use the "Add to Cart"-button to put them in your "cart". Clicking on the "Add to Cart"-button you enter into a contractual obligation to purchase the items in your "cart". You can view and change the details (items, quantities, payment etc.) before the final confirmation of your purchase. We will e-mail you an automatic order confirmation that summarises your order. You can print the e-mail for your files. The automatic order confirmation is no approval of your application; it merely documents that we have received your order. We only enter into a contract by our approval of your request. This approval will either take the form of a separate e-mail or will simply be given by dispatching the ordered items. We will not enter into a contract of purchase for items in the same order that cannot be dispatched or that are not part of the declaration of acceptance.

2.2 You can only order if you’re over the age of 18.

2.3 Ancillary agreements are only effective if they are confirmed in writing.

2.4 We expressly reserve the right to price changes, technical alterations, errors, typos or prior sale.

3. Prices

Our webshop indicates prices in EURO including VAT (according to the country specified in the delivery address) without discounts. Prices are valid at the time of ordering. Local import sales taxes have to be paid by the customer. Please get in touch with the responsible local authorities prior to ordering.

4. Payment

4.1 The purchase price is payable by conclusion of contract; the payments are due without discount if no other payment type has been confirmed in writing.      

4.2  In case payments are due according to the calendar you will be already in default if you fail to make a timely payment. If you are in default we are entitled to assert a claim of default interest of five percentage points above the basic rate of interest p.a. announced by the European Central Bank if you are a consumer and eight percentage points above the basic rate of interest p.a. announced by the European Central Bank if you are an entrepreneur. Additional claims are not affected by this.    

4.3 Methods of Payment

  • Credit card
    You choose "credit card" (Visa, Mastercard, etc.) before confirming your order and type in your credit card details. We charge your credit card on contract of purchase. 

  • PayPal
    You choose "PayPal" before confirming your order. Please follow the instructions in the shop/on PayPal. Before the final confirmation of your order you will be asked by PayPal to make the payment in a separate window. Once the payment process has been confirmed by PayPal you complete the ordering process on www.blackscreenrecords.com. As soon as PayPal confirms the payment we will dispatch your order according to the terms and conditions specified here.

5. Conditional Sales Contract

Each shipment is subject to a retention of title; i.e. the contract goods only become your property after the due amount has been paid in full. Until such is the case the contract goods must not be sold, pawned, transferred as a security bond or otherwise encumbered with third parties’ rights.   

6. Shipping Costs

6.1 Additional to the merchandise value of the ordered items the shipping costs as specified in the completed order must be paid.

6.2 Please put all items in your cart and proceed to checkout to see the exact shipping costs

6.3 If you are a consumer you have to bear the shipping risk.

7. Delivery

7.1 Insofar as no other agreements have been made and contract goods are in stock we will advise our warehouse to ship your order to the delivery address you specified. Details about availability or delivery times are always provisional and non-binding insofar as no delivery date has been confirmed explicitly and bindingly by way of exception.

7.2 If your order should partly or entirely be temporarily unavailable we will inform you of this in your order confirmation. We’ll act accordingly in case parts of or your entire order should not be available at all. If we shouldn’t be able to ship your order because our suppliers have not filled their obligations, we are entitled to cancel your order. Your statutory rights are not affected by this.  

 7.3 Should a delivery not be possibly due to reasons in your power you will incur the costs for a second delivery. 

8. Right of cancellation

Instruction on the Right of Cancellation

All transactions, including pre-orders and back-ordered items are charged at the point of purchase.

  • Cancellation of an order
    Orders can be cancelled anytime if the order hasn't been fulfilled/shipped. Full refunds can only be provided on unshipped items. The Customer can cancel unshipped orders with the 'View Order Status' in the orders conformation email or with a cancellation request to orders@blackscreenrecords.com stating the order number.

  • Return & refund process for unused/undamaged items
    Orders can be returned without giving reasons within 14 days of the delivery date not including digital content and gift cards. Shipping costs are non-refundable. If a customer issue a refund request, Black Screen Records will provide the customer a printable return shipping label. The cost for return shipping will be deducted from the refund.
    The refund will be issues after Black Screen Records receive and inspected the returned items. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Contact us with your order number at orders@blackscreenrecords.com about a refund.

  • Return & refund process for damaged items
    Orders damaged or lost in transit via Deutsche Post Warenpost International shipments are not eligible for replacement or replacement components.
    For all other inquiries, reports of damage must be made with in 14 days of the delivery date. Requests made beyond the 14 day window may not be eligible for processing.
    To issue a request for a refund based on damaged items, contact orders@blackscreenrecords.com with the order number and a brief description of the issue along with images of the damaged order. Please retain all outer packaging as well as the product itself until the issue is resolved. The next steps will be determined by the severity of the damage and the availability of items.

  • Refund process and time frame
    If a customers refund is approved the money will be refunded to the original payment method used during the purchase. For credit card payments it may take 5 to 10 business days for a refund to show up on your credit card statement. For returned items the money will be refunded after Black Screen Records received the returned items, inspected them and processed the refund.

  • Returned orders due to being undeliverable or unclaimed
    If an order is returned to us as undeliverable or unclaimed, the customer will be notified via email. Original shipping costs will not be refunded. The customer is responsible for the shipping cost for a re-shipment of an order.
    After 14 days Black Screen Records can't guarantee a re-shipment of the items. With no respond within 14 days, Black Screen Records will issue a refund for the returned order. Shipping cost are non-refundable.

9. Warranty and Limitations of Liability

9.1 Black Screen Records is liable for defects in the delivered goods or services under the relevant statutory provisions of the German Civil Code (BGB) and the German Commercial Code (HGB), taking into account the following provisions.

9.2 Regarding textile and printed goods the following limitation of liability applies:

Potential slight derivations in colour between pictures and delivered products are of a technical nature and do not constitute a defect. We cannot take any liability for defects arising from a failure to follow the washing instructions. Textiles must be washed and dried according to the washing instructions before wearing them for the first time.

9.3 Insofar as not otherwise agreed, the statutory warranty period of 24 months shall apply. If you are an entrepreneur the warranty period for goods delivered by Black Screen Records shall be 12 months. 

9.4 You are obligated to allow an inspection of the defective goods through Black Screen Records. As an entrepreneur you are legally entitled to demand a cure in the form of a remediation of a defect or the supply of the goods free of defects. In the case of a failure to comply with the cure you are entitled to reduce the price of the goods in question or to cancel the contract. The provision for any kind of statutory warranty rights is the compliance inspection and complaint procedures as detailed in §377 Commercial Code (HGB).

As a consumer you are free to choose between the warranty through cure (remediation of defects or supply of defect free goods), the cancelation of the contract or the reduction of the price. Once you decide on the type of warranty you have to specify a reasonable period of time, insofar as that is not made legally redundant. We are entitled to refuse the chosen cure if this cure is possible only at disproportionate expense  or if the supply with defect free goods should not be possible.

9.5 There is no warranty for defects occurring through regular use and improper handling.

You shall cover the costs for the return of rejected goods. The delivery costs for a replacement shipment are also being borne by you.

9.6 There is no right of compensation. Exempted are damage claims connected to the injury of life, body or health or to the breach of contract as well as the liability for damages arising from an intentional or grossly negligent breach by us. Substantial contractual obligations are defined as those obligations that are necessary for the fulfilment of the contract. Upon breach of contract we are only liable for those damages typical for the contract and foreseeable damages arising from negligence unless there are claims arising from injury of life, body or life.

9.7 There is also no liability for permanent and uninterrupted availability of our webshop. The limitations as set out above are effective for our legal representatives or vicarious agents insofar as they are the subject to any claims.  

10. Gift Certificates

The purchase of a gift certificate entails the following:

10.1 The premise for redeeming a gift certificate/voucher code is an active Black Screen Records customer account. We send the code electronically to the indicated e-mail address.

10.2 The gift certificate/voucher code is redeemable once for the amount specified. We will redeem the gift certificate/voucher code for whoever enters the code first. There is no payout or rebate outside of a possible right of cancellation. Remaining amounts will be credited to the corresponding customer account.

10.3 The gift certificate is transferrable; however, we are not liable for the loss of the code once the code has been sent to the indicated e-mail address.

10.4 The gift certificate is valid three years from the date of creation; credited remaining amount will be offset against further order and will only expire after the aforementioned period of time.

11. Packaging

We have licensed all packaging arising from the business relationship with you as an end consumer according to the Germany packaging ordinance.

12. Privacy

12.1 We adhere to the regulations of the German data protection law (BDSG) and the German Telemedia Act (TMG) when dealing with your personal data and are authorised to process and store all data connected to our business transactions under these laws.

12.2 Additional information about the method, extent, location and purpose of the survey, processing and usage of personal data connected to the fulfilment of orders can be found in our privacy policy. [LINK]

12.3 We are furthermore authorised by the law in force to obtain information about your credit status from mercantile credit agencies.

13. Severance Clause

Should any provision of this Terms and Conditions be or become invalid, such circumstance shall not affect the validity of the remaining provisions. In this case the contracting parties agree to replace the invalid provision with a provision that, within the scope of the applicable dispositive law, most closely approximates, from an economic standpoint, what the Parties attended in accordance with the spirit and purpose of the provision that has ceased to apply. The same applies in the event that any addenda to the Agreement should become necessary.

14. Applicable Law/Court of Jurisdiction

For all legal relations, whether contractual or non-contractual or founded on a legal basis, German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Legal provisions by the state of your habitual residence remain unaffected. Insofar as you do not possess a German court of jurisdiction or transfer your place of residence to any country outside of Germany once the contract has been concluded or your place of residence remains unknown at the time of the commencement of a suit, the court of jurisdiction for conflicts is the seat of our company in Cologne, Germany.

x