Terms & Conditions

TORBEN BEERBOOM | SHOP

§ 1 General Information

These terms and conditions (“Terms and Conditions”) govern the legal relationship between you (“Customer”/”Customer”) and the artist Torben Beerboom (“Artist”) with respect to all products available for purchase in the artist’s online shop (“TORBEN BEERBOOM | SHOP”) and all purchases made in this online shop. Unless otherwise expressly stated by the Artist, all purchases, all Products and your use of such Products are subject to these Terms and Conditions, regardless of the medium through which you access the TORBEN BEERBOOM | SHOP online store (including via the Internet, wireless access protocol, mobile network or otherwise). The range of products offered in the online shop is aimed exclusively at buyers who have reached the age of 18. By placing an order, you guarantee that you are of legal age and that you are authorized to enter into a binding contract with the artist and that you are authorized to use the payment method you have chosen. If you are a minor, i.e. have not yet reached the age of 18, you warrant that your legal representative (usually your parents) has agreed to this contract. In the event of changes to these general terms and conditions of TORBEN BEERBOOM | SHOP, sales contracts will only be concluded on the basis of the currently valid general terms and conditions. Deviating regulations are only valid insofar as they have been agreed upon in writing between you and the artist.

§ 2 Copyright and rights of use of the products

All products offered for sale by TORBEN BEERBOOM | SHOP, e.g. music, videos, pictures and texts (“Products”), are protected by copyright. All rights to these products belong to the artist and/or his partners and/or his (or their) licensors. This also applies to merchandise articles and other items eligible for protection.

As a customer, you acquire a simple, non-transferable right of use for an unlimited period of time exclusively for non-commercial use in accordance with these General Terms and Conditions. You are NOT granted any rights of exploitation. You have a limited right to use the purchased products for your purely private, non-commercial purposes. In particular, you as a customer may NOT distribute (§ 17 UrhG), make publicly available (§ 19a UrhG) or pass on the acquired products in any other form to third parties – neither digitally nor in printed form, neither completely nor in extracts. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction which serve exclusively for personal use.

The granting of the right of use by the artist is subject to the suspensive condition of full payment of the purchase price. The customer is not entitled to remove copyright notices, trademarks or other legal reservations from the products. The artist is entitled to personalize the products in the TORBEN BEERBOOM | SHOP, especially digital content made available for download, individually with visible and invisible markings in order to enable the investigation and legal prosecution of the original purchaser in case of misuse.

In the event of unauthorized use of the products from the TORBEN BEERBOOM | SHOP by the customer or a third party who has gained access to the purchased products through the customer, the customer undertakes to pay a contractual penalty of EUR 10,000 per infringement. The artist is entitled to refuse the provision of a product from the TORBEN BEERBOOM | SHOP for use by the customer and to exclude the customer from an order in the online shop.

§ 3 Provision of information, availability

The description and picture material of products in the TORBEN BEERBOOM | SHOP does not imply any warranty with regard to these products. The artist reserves the right to change or update product descriptions, images and references without prior notice.

The price and availability of a product offered in the TORBEN BEERBOOM | SHOP can change without prior notice until a legally binding sales contract is concluded. If a product is marked with an incorrect price or other false information, the artist has the right to refuse to accept an order for this product and to cancel the order. The Artist has the right to limit the available quantity of a product.

If you as a customer have questions about information and the use of the TORBEN BEERBOOM | SHOP, please contact us at info@torben-beerboom.de. E-mail communication is not necessarily secure, so we ask you in particular not to send credit card information or other sensitive information in your e-mails to the artist.

§ 4 Conclusion of contract

The offers of TORBEN BEERBOOM | SHOP on the Internet do not represent a binding request for the conclusion of a sales contract. Rather it is a non-binding request to order products in the online shop.

By ordering the desired products on the Internet, you as a customer submit a binding offer to conclude a sales contract. Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that the artist has received your order. This confirmation of receipt does not yet represent a binding acceptance of your order. However, the acceptance can be combined with the confirmation of receipt.

A purchase contract for the goods is only concluded when the artist expressly declares acceptance of the purchase offer or when the goods are sent to you – without prior express declaration of acceptance.

The conclusion of the contract shall be subject to the reservation that in the event of incorrect or improper self-supply, we shall not or only partially deliver. The customer will be informed immediately in the event of non-availability or only partial availability of the products. The consideration will be refunded immediately.

The Artist is entitled to withdraw from the contract if he/she has not received the delivery item from the supplier despite prior conclusion of a purchase contract. He will inform the customer immediately about the lack of self-supply and in case of a withdrawal he will refund an already received consideration immediately.

§ 5 Pricing

All prices are retail prices. They include the currently applicable statutory value-added tax and are exclusive of the respective shipping costs.

When the internet pages of TORBEN BEERBOOM | SHOP are updated, all previous prices and other information about products become invalid. The price at the time the offer is made to the customer is decisive for invoicing.

§ 6 Payment

Delivery will only be made after prior payment of the total purchase price. The payment is optional per cash in advance or by credit card.

If you choose the payment method prepayment, we will give you our bank details in the declaration of acceptance. The invoice amount is to be transferred to the account of Torben Beerboom within 14 calendar days (“payment deadline”) after receipt of the declaration of acceptance. If this is not done, the order is automatically considered cancelled after the payment period has expired. When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“Authorization”). Your credit card account will be charged at the time the Products are shipped to you.

§ 7 Delivery, shipping costs, return shipment

Delivery

The products will be delivered only while stocks last.

The delivery is carried out by sending the products from stock to the address provided by the customer.

The delivery time is generally 4 – 14 working days from the date of dispatch of the declaration of acceptance of the order and depends on the place and country where the customer is located. TORBEN BEERBOOM | SHOP will do its best to execute your order as soon as possible. If an item is not in stock, the delivery time may be delayed. We ask for your understanding that in such cases we might deliver only a part of the products and send the rest to you. There are no additional shipping costs for the subsequent delivery.

Shipping costs

The shipping costs for orders at TORBEN BEERBOOM | SHOP are

for deliveries within Germany flat rate 2,95 €
for deliveries within the EU flat rate 4,95 €
for deliveries outside the EU flat rate 7,95 €

Delivery is usually made within Germany by mail and within the EU or internationally by DHL, FedEx or UPS. The shipping costs are calculated separately in addition to the value of the shopping cart.

Return

TORBEN BEERBOOM | SHOP only takes back shrink-wrapped or sealed data carriers such as CDs or DVDs in the shrink-wrapping foil or with an undamaged seal. The return of already opened data media is excluded.

You have to bear the costs of the return shipment. We ask you not to return the goods carriage forward. We refuse to accept returns that are not stamped.

§ 8 Retention of title

The ordered goods remain the property of the artist until full payment of the purchase price. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of the artist.

§ 9 Warranty

The customer’s warranty claims against the artist arising from the purchase contracts concluded in the online shop are governed by the statutory provisions of the law on the sale of goods (§§ 433 ff. BGB).

Damage caused by improper or contrary to contract measures of the customer during installation, connection, operation or storage does not justify a claim against the artist.

§ 10 Transport damage, transfer of risk

The products must be inspected for transport damage upon acceptance by you as the customer or your representative. Products with obvious damage to the packaging or contents delivered to you must be complained to the transport company. Their acceptance is to be refused. In addition, contact TORBEN BEERBOOM | SHOP by e-mail or by post.

Transport damages that are only discovered after acceptance must be reported immediately in writing to the transport company. In addition, contact TORBEN BEERBOOM | SHOP by e-mail or by post.

The risk of accidental loss and accidental deterioration of the products sold shall pass to the customer upon delivery of the products.

§ 11 Cancellation policy

Right of withdrawal

You have the right to revoke the purchase contract concluded in the TORBEN BEERBOOM | SHOP within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the transport company, have taken or has taken possession of the products.

To exercise your right of withdrawal, you must contact the artist via

TORBEN BEERBOOM | SHOP
Neustrasse 8
Opladener Straße 189a
40764 Langenfeld

Inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from the purchase contract. You can use the sample revocation form provided on the online shop’s website, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Exclusion of the right of revocation

The delivery of audio and video recordings is excluded from revocation if the delivered data carriers have been unsealed by you or a third party other than the transport company after delivery of the delivery. Unsealing means the overcoming of the barrier created to protect copyright, i.e. the first opening or removal of the sealing foil or the sealing strip.

Consequences of revocation

If you revoke the purchase contract, you are obliged to return the products to the artist immediately and in any case within fourteen days at the latest from the day you inform the artist of the revocation of the contract. The deadline is deemed to have been met if you send the products before the end of the fourteen-day period. You shall bear the direct costs of returning the goods.

If you revoke the contract, the Artist is obliged to reimburse you for all payments he/she has received from you, but not the shipping costs, immediately and at the latest within fourteen days from the day on which the Artist receives notification of your revocation of the contract. He or she may refuse to refund until he or she has received the Products or until you have provided proof that you have returned the Products, whichever is earlier. For this refund, the Artist will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you.

§ 12 Liability

Unlimited liability: The artist is liable for intent and gross negligence. For slight negligence the artist is liable for damages resulting from injury to life, body and health of persons.

Otherwise, the following limited liability applies: In the case of slight negligence, the artist is only liable in the event of culpable violation of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of the artist’s vicarious agents.

The provisions of the Product Liability Act remain unaffected by the aforementioned paragraphs.

According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The artist is therefore not liable for the constant availability of the online shop.

§ 13 Data protection

The execution of the order can be carried out either with or without registration as customer.

For registration, you as a customer assign an individual user name and a corresponding password. The artist is entitled to reject these data or to demand a change. The data is exclusively for the personal use of the customer and should be treated confidentially by the customer. The customer is responsible for any use of his user name and password. He/she is obliged to report any misuse of these data and his/her account to the Artist immediately.

All personal data required to carry out the order, such as name, postal address, telephone number and e-mail address, credit and bank card number, as well as information about the products purchased, are stored in machine-readable form and treated confidentially. Other data such as browser and device information, geographic location data, and information that may be collected via cookies and other techniques are NOT collected.

The data necessary for the processing of an order, such as name and address, will be passed on to the companies commissioned with the delivery of the products within the framework of the execution of the delivery.

§ 14 Complaints procedure

Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.

§ 15 Final provisions

Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.
German law is exclusively applicable to sales contracts between you and the artist.
Place of performance for all services arising from the business relationship with the artist is Langenfeld.
Place of jurisdiction is Langenfeld.

Identity of the seller:
Torben Beerboom, Opladener Straße 189a, 40764 Langenfeld, Germany
T: 0049 177 / 239 63 30
E: info@torben-beerboom.de
VAT ID No: 293294182