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Terms & Conditions

Napalm Records Handels GmbH, Eisenerz, Austria

Terms and Conditions

 

1. Scope

(1) Our Terms and Conditions, which can be viewed online, apply to all orders placed through our online shop (www.napalmrecords.com). We recommend that our Terms and Conditions be printed out for every order together with the information on the particular order and that a copy of these be retained accordingly.

 

(2) The following Terms and Conditions in the version applicable at the time of the order apply exclusively to all contracts entered into by and between us (Napalm) and the Customer. We do not acknowledge any of the Customer’s terms of business that differ from our own except where we have expressly consented to the validity of such terms in writing.

 

2. Contract Formation

(1) Every order placed with us (Napalm) by a Customer constitutes an offer to enter into a contract to purchase goods. The receipt of every order will first be confirmed by us. Such confirmation (confirmation of receipt) does not constitute acceptance of the offer but serves solely to inform the Customer that we have received the respective order. A contract is formed only once we ship the ordered item(s) to the Customer and this shipment to the Customer is correspondingly confirmed via a second e-mail (confirmation of shipment).

 

(2) Please note that sales of all goods are limited to those quantities corresponding to typical household use. This applies both to the quantity of items ordered in connection with one order as well as to the placement of multiple orders for the same item(s) where the individual orders taken together comprise a quantity corresponding to typical household use. All offers, in particular special offers, are valid only while supplies last.

 

(3) Pictures in our shop serve as a reference; the color of the actual product (t-shirt, vinyl, etc.) may vary due to the printing process and because colors may be displayed differently depending on monitor settings.

 

(4) For purposes of currency conversion, the Customer should be sure to apply the exchange rate valid on the date of payment. We accept payment in euros or U.S. dollars only.

 

3. Prices / Shipping Costs / Payment by Credit Card

(1) All indications of price in our catalog or on our website are gross prices in euros that include the respective value-added tax applicable by law. We expressly reserve the right to change our prices.

 

(2) The Customer may choose the method of advance payment (electronic funds transfer, direct debit, credit card, or PayPal). For organizational reasons, pickup of items in exchange for cash payment is not possible. In certain cases – for example, deliveries in countries that are not members of the EU – additional taxes or other charges (e.g. customs fees) may be imposed. The Customer is responsible for any such taxes or charges.

 

(3) For orders paid by credit card, we (Napalm) accept only Visa and MasterCard. For purposes of preventing abuse, every order must be accompanied by a valid telephone and/or fax number. In the event of doubt, we reserve the right to obtain verbal or written confirmation of the information and costs. Where there is any doubt, all large orders (valued at over €200.00) must be confirmed verbally prior to shipment. If the Customer would like to use a partner’s credit card, the Customer must ensure that corresponding consent has been obtained. Use of another party’s credit card without that party’s knowledge or consent is a criminal offense. The billing address must be the same as that provided to the financial institution for the credit card.

 

(4) Once Napalm has received payment, the item(s) will be shipped.

 

4. Retention of Title

(1) The item(s) delivered remain our (Napalm’s) property until payment has been made in full.

 

5. Shipment

(1) Orders are delivered via UPS, DHL or a comparable parcel service, or via regular postal service.

 

6. Warranty, Guarantee

(1) We are liable for defects only to the extent set out in Austria’s relevant statutory provisions, in particular Sec. 922 et seq. of the Austrian Civil Code (ABGB). Where the Customer/orderer is a business operator, our obligation to provide a warranty for items/products we deliver extends for 12 months.

 

(2) Any additional guarantee for goods we deliver exists only where such has been expressly provided in the order confirmation for the respective item(s).

 

7. Liability

(1) We are liable for loss – with the exception of bodily injury – only in the event of willful misconduct or gross negligence.

 

(2) The limitations set out in paragraphs 1 and 2 shall also be enjoyed by our legal representatives and parties assisting us (Napalm) in performance in the event claims are asserted against such parties directly.

 

(3) Product liability claims shall not be affected.

 

8. Right of Rescission

(1) The Customer may rescind the contract or revoke the offer to contract within 14 days (Sec. 5e of the Austrian Consumer Protection Act (KSchG): seven workdays, (whereby Saturday is not included as a workday!) without stating a reason. This 14-day period begins upon receipt of this rescission policy in print form, however not before the Customer/recipient has received the goods (in the case of recurring delivery of goods of the same type, not before the Customer/recipient has received the first installment delivery) and also not before we have satisfied our obligation to provide information. For compliance purposes, sending the notice of rescission or returning the goods prior to the expiration of the 14-day period will suffice. The notice of rescission is to be sent in writing (letter, fax, or e-mail) to:

 

Napalm Records Handels GmbH

Hammerplatz 2

8790 Eisenerz, Austria

Fax: +43 3848 8117 4

E-mail address: order@napalmrecords.com

 

(2) Consequences of rescission: Where rescission is valid, both parties are to return what has been received by them in performance of the contract as well as any resulting benefits (e.g. interest). The Customer is required to pay appropriate compensation for the depreciation in the market value of the goods as the result of their use and for the use itself only where such use or depreciation is attributable to handling of the goods that extends beyond examination of their features and function. Examination of their features and function” means testing and trying out the respective goods as would be possible and typical for instance in a retail store. Items capable of being shipped as a parcel are to be returned at our/the Customer’s own risk.

 

(3) Returning the goods: The Customer must pay the costs for return shipment where the goods delivered match the order and the price of the item(s) to be returned does not exceed a sum of EUR 40.00, or where, in the event of a higher price, the Customer has not yet remitted payment or a contractually stipulated installment payment at the time of rescission. In other cases, return shipment will be free of charge to the Customer. Items not capable of being shipped as a parcel will be picked up from the Customer.

 

End of Rescission Policy

 

9. Sealed CDs/DVDs/Software – No Right of Rescission

Pursuant to Sec. 5f no. 4 of the Austrian Consumer Protection Act (KSchG), there is no right of rescission of contracts concerning audio or video recordings or software where the seal on the data media delivered has been broken.

 

10. Information on Data Processing

(1) We (Napalm) collect and store data concerning the Customer in connection with contract performance. When doing so, we comply with the provisions of the Austrian Data Protection Act (Datenschutzgesetz). Where we (Napalm) do not have the Customer’s consent, we will only collect, process, or use data concerning the user or usage insofar as doing so is necessary for consummation of the contractual relationship and for utilization and invoicing.

 

(2) Where we do not have the Customer’s consent, we will not provide the Customer’s data to third parties for purposes of advertising, market research, or opinion polling.

 

11. Liability for Third-Party Links

(1) If and to the extent we provide links to other websites on our webpages, we hereby declare that we have no influence on the design or content of the linked pages. For this reason, we hereby expressly disassociate ourselves from any and all content of any and all pages linked via www.napalmrecords.com, and disavow any ownership of such content. This declaration applies to all links displayed and to the content of the pages to which such links connect.

 

12. Final Provisions

(1) Contracts between us (Napalm) and the Customer are governed by the laws of the Republic of Austria and shall exclude application of the UN Convention on Contracts for the International Sale of Goods.

 

(2) Where the Customer is a business operator, a legal entity under public law, or an entity specially funded under public law, the venue for all disputes arising from contractual relationships between the Customer and us (Napalm) shall be the judicial district in which Napalm’s registered office is located.

 

(3) In the event of the nullity of individual clauses, the remaining portions of the contract shall nevertheless remain binding. To the extent that such exist, statutory provisions shall replace the invalid clauses. However, where this would constitute an unacceptable hardship for one of the parties, the contract as a whole shall be void.

 

13. Party Providing Services / Legal Notice

 

Napalm Records Handels GmbH

Hammerplatz 2

8790 Eisenerz, Austria

Fax: +43 3848 8117 4

E-mail address: order@napalmrecords.com

 

Managing Director: Markus Riedler