Terms and Conditions
1. Scope of application
1.1 These terms and conditions of Nightside Records e.U. (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller goods presented in its online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 These Terms and Conditions shall apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These terms and conditions only regulate the sale of tickets for certain events specified in the seller's item description and not the implementation of these events. The statutory provisions in the relationship between the customer and the organizer as well as any deviating conditions of the organizer apply exclusively to the execution of the events. If the seller is not also the organizer at the same time, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.4 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Formation and conclusion of the contract
2.1 The subject of the contract is the sale of goods.
2.2 The product descriptions in the seller’s online shop do not constitute binding offers on the part of the seller, but merely serve the purpose of submitting a binding offer by the customer.
2.3 The customer may submit the offer via the online order form integrated into the seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the customer submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.4 The seller may accept the customer’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (e-mail); insofar receipt of order confirmation by the customer is decisive, or
- by delivering ordered goods to the customer; insofar receipt of goods by the customer is decisive, or
- by requesting the customer to pay after he placed his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Prior to submitting a binding order via the seller’s online order form, the customer may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The customer can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the customer's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the seller can be received at this address. In particular, it is the customer`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the seller or by third parties commissioned by the Seller with the order processing can be delivered.
2.8 When ordering data carriers that are not suitable for minors (FSK or USK 18 articles), the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that that either he or a person of legal age authorized by him may accept the goods.
3. Language of the contract
The language(s) available for the conclusion of the contract are English and German.
4. Right to withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 Further information on the right of cancellation can be found in the seller's right of withdrawal policy.
5. Delivery conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 If you are a merchant, a legal entity under public law or a special fund under public law, the delivery and shipment is at your own risk.
5.4 Collection by the customer is not possible for logistical reasons.
6. Payment
6.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
6.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
6.3 The payment option(s) will be communicated to the customer in the seller's online shop.
6.4 If advance payment by bank transfer has been agreed, we will provide you with our bank details in an automated e-mail message following the conclusion of the contract. The customer must have an online banking account that is activated to use this payment method. The invoice amount is to be transferred to the bank account of Nightside Records e.U. within a maximum of seven (7) days of the conclusion of the contract, unless the parties have agreed on a later due date.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
6.7 If the payment method by cards, EPS, iDEAL, GiroPay, Apple Pay, Google Pay, Bancontact or Przelewy24 is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe collects the invoice amount from the customer on behalf of the Seller.
6.8 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8. Warranty and guarantees
8.1 The statutory warranty rights apply.
8.2 As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
8.3 If you are a merchant, a legal entity under public law or a special fund under public law, the following applies in deviation from the above warranty provisions:
- Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
- In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
9. Liability
9.1 If the purchased item is defective, the statutory liability for defects applies.
9.2 The seller is fully liable for claims based on damage caused by him.
9.3 The customer is asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
9.4 In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
9.5 For the rest, claims for damages are excluded.
10. Jurisdiction / Choice of law
10.1 The law of the Republic of Austria applies to the contractual relationships between the seller and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN sales law is excluded.
10.2 The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the seller is the location of the seller. If the customer acts as a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
11. Online dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.