NOTICE: This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the records listed on our website http://www.growingbinrecords.com (our site) to you. You should read these terms and conditions carefully before ordering any records from our site. Please note that by ordering any of our records, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1 INFORMATION ABOUT US
http://www.growingbinrecords.com is a site operated by growing bin records / Graetz-von Chamier. We are registered in Germany under company registration number 41/075/00036. Our registered office is at Goetheallee 6, 22767 Hamburg, Germany and our registered VAT number is DE264067813.
2 YOUR STATUS
2.1 By placing an order through our site, you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old;
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy records. All orders are subject to acceptance by us and we will confirm acceptance to you by sending you an email that confirms that the records have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
4 CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the records. In this case, you will receive a full refund of the price paid for the records in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the records to us immediately (informing us in writing of your intention to return the records prior to postage). Failure to inform us in writing of your intention to return the records prior to postage may result in a delay in the process under clause 8.
4.3 Upon us receiving notification of your intention to return the records, we shall contact you with further instructions on how to proceed with your return.
4.4 You must return the records in the same condition in which you received them and at your own cost and risk (we recommend that the records be returned via recorded and/or special delivery). The returned records should be in their original packaging and should be accompanied by all corresponding order details. You have a legal obligation to take reasonable care of the records while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.5 Due to negative experiences in the past all records leaving our house will have almost invisible marks. If records returned do not show these marks (and obviously are not the ones we have send out), no refund will be given.
5 AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6 RISK AND TITLE
6.1 The Goods will be at your risk from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
7 PRICE AND PAYMENT / PAYPAL SHIPPING ADDRESS
7.1 The price of any records will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Payment for all Goods must be by paypal or banktransfer. In some cases we may accept cash in a registered letter
7.3 If you should send paypal payment, make sure to update your actual shipping address AT PAYPAL. Your recoprds will be shipped to the paypal address only!
8 REFUNDS POLICY
8.1 When you return records to us:
8.1.1 because you are a consumer and have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, excluding the cost of sending the item to you. You will be responsible for the cost of returning the item to us;
8.1.2 because you claim that the records are defective, we will examine the returned records and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 10 days of the day we confirmed to you via email that you were entitled to a refund for the defective records. records returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable costs incurred by you in returning the item to us (if any and provided that you have returned the item(s) to us by recorded and/or special delivery); and
8.1.3 records that have been personalised will not be refunded or exchanged in any circumstances.
8.1.4 pictures will be taken off all records leaving our house. if the records will be returned in worse condition than the condition it left us we will give refunds according to the condition we got it back. even your greasy fingertips on the record will lower the value of the record so treat them accordingly
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Where payment has been made by paypal, we will refund the payment to the paypal address used to purchase the records.same goes for bank transfers
9 OUR LIABILITY
9.1 We warrant to you that any records purchased from us through our site are of satisfactory condition.
9.2 We are not responsible for records lost in the mail. If you want your records to be shipped insured please let us know with your order.
10 IMPORT DUTY
10.1 If you order records from our site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the records are destined. We will not be liable for any breach by you of any such laws.
11 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order on the Site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
13 TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We reserve the right to defer the date of delivery of or to cancel the Contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to any event of force majeure, provided that, if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the Contract.
14.2 In these terms and conditions an event of force majeure shall include (without limitation) Act of God, war, threat of war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, tempest, flood, adverse weather conditions, epidemic, accident, acts or omissions on the part of any governmental or local authority or highways authority or public telecommunications, import or export regulations or embargoes, disruption of power supply, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or any default of any of our suppliers.
14.3 Our performance under any Contract is deemed to be suspended for the period that an event of force majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event of force majeure to a close or to find a solution by which our obligations under the Contract may be performed despite the event of force majeure.
15.1 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.
15.2 Any waiver by us of any breach of, or any default under, any provision of the Contract shall not be construed as a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17 ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order records from us, unless (i) any change to those policies or these terms and conditions is required to be made by law or a governmental authority (in which case it will apply to orders previously placed by you); or (ii) if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the records).
19 GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with European law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Germany.
20 DATA PROTECTION
You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.