Terms and Conditions of Waiting in Vain Shop
The following terms and conditions in the current version found on http://waiting-in-vain.com at the date and time an order is placed are applicable for all transactions between Waiting in Vain Shop and customer. Waiting in Vain Shop will not accept any diverging terms on part of customer unless these were agreed upon in written form prior to the transaction.
Prices: Contribution Towards Expenses
Waiting in Vain is a non-profit band. All the shown prices on the Waiting in Vain Shop are contributions towards expenses we made before. Nothing more, nothing less.
Your order is an explicit offer from your part to undergo a purchase agreement with Waiting in Vain. When you place an order at Waiting in Vain Shop, we will send you an e-Mail that confirms that we have received it and that will contain all the details of the order you placed. This confirmation does not in itself imply that we accept your offer. It is only there to inform you that your order has been received. A real purchase agreement only comes into effect at the moment we ship the ordered goods to you.
Waiting in Vain Shop does not sell to customers below the legal age to undergo monetary transactions. Even products that are directed at an underage audience may only be purchased by adults.
Please note: we only sell our goods in reasonable quantities.
The cancellation of a transaction contract in regard to audio files is not possible because – according to § 312d, paragraph 4, Nr. 1 BGB – these cannot be returned remnant-free (i.e. without the possibility that customer retains a copy of said file). Returns of audio- and audiovisual recordings (for instance CDs, videotapes, DVDs) are not possible after the factory seal has been broken.
In all other cases, you may revoke your offer of undergoing a purchase contract with us in written form within a time period of two weeks. Said cancellation of your order only has to be sent out within the time limit to make it valid. The time limit legally commences with your acknowledgment of these terms and conditions … in case of physical goods shipped to you, it commences upon delivery to you.
The shipping costs of any and all returns will have to be covered in full by you. Returns of goods shipped to you in error will be covered by us in that we will reimburse you the shipping fees. We will not accept parcels that are not prepaid.
Please do not accept visibly damaged or broken parcels, as with your acceptance, you practically acknowledge that you received the goods in optimal condition and thereby forfeit your eligibility for compensation. Therefore, please reject any and all parcels that have been torn or otherwise visibly damaged and have them be returned to sender. Please leave us an e-Mail to inform us that you have not accepted delivery of said parcels (firstname.lastname@example.org or contact form). Otherwise, our regular warranty for damaged goods applies.
If not otherwise agreed upon, delivery will be made from our warehouse to the delivery address specified by sender. If any third party supplier fails to supply Waiting in Vain Shop with the goods you ordered, Waiting in Vain Shop is entitled to revoke said order. In such a case, the customer will be informed ASAP that the ordered product is not available. Any advance payments already made for said orders will be returned to customer.
Payment, Shipping Costs and Default
Customer can make payment for orders he/she placed only by means of advance payment (bank transfer and PayPal).
Our shipping costs: Germany (2.00 EUR), Europe and the rest of the world (4.00 EUR).
Any order that has not been paid for within a time period of 14 days upon receipt of order may be cancelled by us without further notice.
We accept PayPal in the Waiting in Vain Shop. If you choose to pay via PayPal, please make sure that the e-Mail address you give us is the one connected with your PayPal account. We will then send an order confirmation with the sum total incl. shipping to your country and a PayPal payment request for the sum total in Euro to the e-Mail address you specified. Please use the following e-Mail address for all things regarding PayPal (questions or payments): email@example.com.
Please make sure that the sum total you send us is in Euro and not in any other currency. Payments in any currency other than Euro will be rejected and any fees or costs attached to a payment rejection or return transfer will have to be covered by customer.
Waiting in Vain Shop will remain the legal and rightful owner of the delivered goods until full payment has been received.
Warranty for Damaged Goods
Visible damage of received goods or defective items have to be reported in written form (for address see Imprint) to us within seven (7) days after receipt. After the expiration of this time period, the customer is not eligible to make any claims in regard to evidently defective or damaged items.
In case of defective items, customer may demand a replacement or remedial action. If Waiting in Vain Shop fails to replace the item or take remedial action in the case of a severe defect, customer is entitled to revoke the purchase agreement, to reduce the total payment or to demand compensation. The customer is not entitled to transfer these rights to a third party.
Unless explicitly matching one of the statements below, customer is not entitled to make any further claims, regardless of whatever legal reasons. Waiting in Vain Shop can, thus, not be made eligible for any damage that was not explicitly inflicted to the delivered items themselves, especially not for any sort of financial loss or missed personal gain. In those cases where Waiting in Vain Shop cannot be made liable, the same applies in regard to personal liability of its employees, representatives or assistants.
Said limitation of liability does not apply in cases where a damage results from dire negligence or where a bodily injury occurs. It also does not apply if a customer can make a claim according to §§ 1, 4 of the German product liability law (Produkthaftungsgesetz) .
Should Waiting in Vain Shop violate one of its contractual duties, the duty of replacement shall not exceed that of a typically inflicted damage.
In case the customer is seeking a replacement, he/she will have to return the items he/she wishes to have replaced within a time limit of 30 days to Waiting in Vain Shop. If the items that were replaced are not delivered to Waiting in Vain Shop within this time limit, Waiting in Vain Shop is entitled to demand payment for said items and to debit the given bank account for the sum total.
The period of limitation is 24 months, starting from the date of delivery.
Personal Information and Details
All personal information we receive from you will only be used for the handling of orders and the delivery of goods as well as to communicate with you about your orders.
German Law is applicable, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The basis of legal operations is Berlin.
All personal details or information relating to your person that we have stored on our computers will be handled with absolute discretion and shall not be passed on to other companies or institutions.
This agreement shall be governed by and construed in accordance with the laws of Germany and all legal without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.