- 1: Purview
(1) The present terms and conditions are valid for any contractual relationship between Kris Pohlmann / Black Penny Records and his clients which are entered into and executed through the website krispohlmann.com / www.blackpennyrecords.com
(2) Your contractual partner is
Black Penny Records / Kristian Pohlmann
- 2: Contract formation
(1) The images of products displayed on the websites referred to under §1 do not state a legally binding offer but rather the invitation to make an offer for the conclusion of a contract based on the conditions listed with each respective product.
(2) By clicking on the button “send order“ in the final step of the ordering-process (Shopping cart > Checkout > Terms of payment and shipping), you make a binding offer to buy the products in your shopping cart at the given price.
(3) The purchasing-agreement is valid if we confirm the acceptance of your offer (order) via email. Explicit confirmation is not necessary; you thus disclaim explicit acceptance according to § 151 p.1 BGB (German Civil Code). In case we are unable to accept your offer, we will inform you about this via email.
- 3: Right of withdrawal
(1) Consumers (in accordance with § 13 BGB (German Civil Code)) have a legal right of withdrawal.
Right of withdrawal
You can withdraw your acceptance of the contract within 14 days, without statement of reasons, in writing (e.g. letter, fax, email), or – in case the products you ordered were sent to you before the expiration of this term – by returning the goods.
The respective term starts upon reception of this written cancellation policy, but not before reception of the goods ordered (in case of repeated delivery, the respective term does not start before the first partial delivery), and not before fulfilment of our duty to inform according to § 246 Par.2 in accordance with §1 Par.1 and 2 EGBGB as well as our duties according to § 312e Par.1 Sentence 1 German Civil Code in accordance with clause 246 §2 EGBGB.
In order to keep the term of withdrawal, sending the written withdrawal or the received goods in time is sufficient. Please address the withdrawal to:
Black Penny Records / Kris Pohlmann, Markgrafenstr.28, D-40545 Düsseldorf
Consequences of withdrawal
In case of effective withdrawal, the respective goods / payment received by either party must be returned and any potential benefit (e.g. interest) must be handed over. Should you not be able to return the received goods as a whole or in parts or in diminished quality only, you are obliged to pay compensation for the value lost. You are not obliged to pay such compensation for any diminishing of quality occurred due to conventional use of the respective product. By “conventional use” it is meant that you test and unpack the goods like it is possible and adequate in a store. Mailable goods are to be returned at our risk. You have to carry the costs for reshipment if the delivered goods were exactly those you ordered and if the amount to be paid for the returned goods does not exceed 40 EUR, or if the goods of a higher price have not been paid for or have, at least, been paid down as contractually agreed at the point of withdrawal. Otherwise the reshipment is free of charge for you. Not mailable goods will be picked up at your door. Any obligation to refund payment must be met within 30 days. For you, this term starts upon sending your withdrawal or the respective goods; for us, it starts upon reception of the same.
End of cancellation policy
(2) Specific information about the right of withdrawal
In accordance with § 312 d Par. 4 No. 2 German Civil Code the right of withdrawal is not in effect if not ruled otherwise, for distance selling agreements for delivery of audio- or video-carriers or software unless the delivered data carriers were unsealed.
(b) According to § 312 d Par. 4 No. 1 German Civil Code the right of withdrawal is not in business if not ruled otherwise, for distance selling agreements for delivery of goods which are produced according to customers’ specifications or which fit/cater clearly to personal requirements or which are not adequate/dedicated because of their consistence for reshipping or which are fast perishable or whose expiry date has already exceeded. We explicitly point out that products such as t-shirts and other pieces of clothing, with regard to which the customer may choose the print and colour of will only be produced on customer’s demand and are therefore excluded from the right of withdrawal.
(3) No appliance of the distance selling clauses
In accordance with § 312 b Par. 3 No. 6 the rules and regulations of distance selling agreements are not in effect for contracts which provide/render services such as accommodation, transport, delivery of food and drinks as well as recreational activities in case the contractor commits at conclusion of the contract to deliver the services at a particular time or within the period fixed. Thus the right of withdrawal is not in effect for the sale of event tickets, which are fixed.
- 4 Costs of return when executing right of withdrawal
Should you execute your right of withdrawal according to § 312d Par.1 Sentence 1 German Civil Code, you must pay the common costs for return shipment unless the goods delivered do not follow the originally placed order. In all other cases, we will cover the costs for reshipment.
- 5 Prices, payment, due dates and delay
(1) The purchasing price is due upon contract formation.
(2) You have to cover the shipping costs listed on the websites, particularly those listed on links for each product’s site and in the shopping cart before completion of the order.
(3) The prices listed on the websites include German VAT and all other price components.
(4) Within Germany, orders can only be paid for via cash in advance or PayPal. Please note that for payment via PayPal the General Terms and Conditions of the financial transmission provider are valid. No other methods of payment are accepted.
(5) If you choose cash in advance as your method of payment, we will list our bank-details in the order-confirmation and will deliver the goods upon reception of payment. The amount due is to be paid to our account within 10 days.
(6) In case of delayed payment, we are entitled to claim annual interest of 5 per cent above the respective base rate. For legal transactions a client is not involved in, we reserve the right to charge interest of 8 per cent above the base rate on delayed amounts. We reserve the right to proof and claim higher damage for delay according to § 288 Par.3, 4 German Civil Code.
(7) You are only entitled to offset if your counter claims are legally proven by court, indisputable or accepted by us in writing.
(8) A right of retention can only be executed insofar as the claims result from the same contractual relationship.
- 6 Terms of delivery and reservation of supply difficulties
(1) Within Germany and the EU, delivery will be made with DHL or the Deutsche Post.
(2) Information on shipping costs is to be found on our website(s).
(3) The delivery will be executed at the latest 3 days after receipt of payment.
(4) In case not all products ordered are on stock, we are entitled to partial deliveries insofar as this is reasonable to you.
(5) In case you order a product which – according to its product description – was not available and in case we are not supplied with this product by our suppliers without our fault, we are entitled to withdraw from the contract. In this case, we will immediately inform you and, if possible, offer to deliver a comparable product. Should no comparable product be available or should you not wish for delivery of such a comparable product, we will immediately refund any payment made for the respective order to that point.
(6) In case the violation of delivery- or performance period can be traced back to force majeure, industrial action, unpredictable obstacles or other circumstances, which are not represented by the respective party, the respite/term will be adequately prolonged.
- 7 Transport loss
(1) For you as a consumer, the risk of shipment lies with us, regardless of the kind of shipment chosen by the company (insured / uninsured / package). By choosing insured shipment, we only hedge our commercial risk.
(2) In case transport loss is obvious upon delivery, please claim such damages immediately with the deliverer and contact us as soon as you can.
(3) Failure to claim or to contact us does not affect your legal rights of guarantee. Claiming transport loss and contacting us immediately helps us, however, to claim damages from our deliverers and our transport insurance.
- 8 Reservation of proprietary rights
Before the complete amount due for a product or an order has been paid, we reserve any proprietary rights for the respective product(s).
- 9 Resignation/Cancellation of the contract
In case of choosing cash in advance as your payment method we are entitled to cancel/ resign from the contract if payment is not effected within 10 days after your order.
- 10 Warranty
(1) All legal regulations of warranty are in effect. The legal term of warranty starts upon delivery of the goods and commonly holds for two years (in some cases exceptionally longer than this, see § 438 German Civil Code). In case of deficiencies occurring within the legal term of warranty, you have the right to receive supplementary performance (you choice: repair of the deficiency or delivery of new product) and – if the respective requirements are met – and right of reduction or withdrawal as well as damages. You have to allow us two attempts of amendment. Should the chosen way of supplementary performance cause disproportional cost, you are only entitled to the respective other way of supplementary performance.
(2) We do not grant warranty for damages or deficiencies resulting from improper use, handling or storing, negligent or incorrect maintenance or care of the respective good, overuse or improper repair carried out by an unauthorised service provider.
- 11 Liability
We disclaim liability for slightly negligent violations of duty if these are not contractual duties, injuries to life, body or health, or duties relating to warranties or claims under the Product Liability Act. The same is effective for violations of duty by our assistants.
- 12 Saving this contract
(1) These present terms and conditions will be sent to you upon contract formation. Please also save them by printing them via the print-function of your browser.
(2) We wish to point out that you should read and save the contractual text for each respective offer by printing it out. We do not offer to save the contractual text in any displayable form. Hence, you must store such a saved copy yourself (e.g. by a screenshot of the respective offer or by converting the contractual text into a PDF-file).
- 13 Data policy
The terms/regulations of our privacy statement shall apply/be essential.
- 14 Final clause
In case one of the regulations of these present terms and conditions shall be ineffective, the contract remains in effect for the rest. Instead of the ineffective clause, the relevant legislations shall be effective.
In addition to these present terms and conditions, German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall be effective.