YELLOW BEAR RECORDS

YELLOW BEAR RECORDS
Legendary Records. Reborn.

Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Statutory Warranty (Defects Liability)
  8. Liability
  9. Applicable Law
  10. Jurisdiction
  11. Alternative Dispute Resolution

1) Scope of Application

1.1

These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Yellow Bear Records GmbH (hereinafter referred to as the “Seller”) shall apply to all contracts for the delivery of goods concluded between the Seller and a consumer or business customer (hereinafter referred to as the “Customer”) with regard to the goods displayed by the Seller in its online shop.

The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2

A Consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

1.3

A Business Customer within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1

The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2

The Customer may submit an offer using the online order form integrated into the Seller’s online shop.

After placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process.

2.3

The Seller may accept the Customer’s offer within five days:

  • by sending the Customer a written order confirmation or an order confirmation in text form (e.g., email), whereby receipt of the confirmation by the Customer shall be decisive; or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or
  • by requesting payment from the Customer after the order has been placed.

If several of the above alternatives occur, the contract shall be concluded at the time when the first of these alternatives occurs.

The acceptance period begins on the day after the Customer submits the offer and ends at the end of the fifth day following submission of the offer.

If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4

If the Customer selects a payment method offered by PayPal, payment processing shall be carried out via:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22–24 Boulevard Royal
L-2449 Luxembourg

subject to the PayPal User Agreement.

If the Customer chooses a payment method offered by PayPal during the ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order process.

2.5

When an order is placed using the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., email).

The Seller does not make the contract text available beyond this.

2.6

Before submitting a binding order via the online order form, the Customer may identify possible input errors by carefully reviewing the information displayed on the screen.

A useful technical means for detecting input errors may be the browser’s zoom function, which enlarges the display on the screen.

The Customer may correct entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the order process.

2.7

The contract may be concluded in different languages.

The specific language options available are displayed in the online shop.

2.8

Order processing and communication generally take place via email and automated order processing.

The Customer must ensure that the email address provided for order processing is correct and capable of receiving emails sent by the Seller.

In particular, where spam filters are used, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1

Consumers are generally entitled to a statutory right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in the Seller’s Withdrawal Policy.

3.3

The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1

Unless otherwise stated in the Seller’s product description, all prices quoted are total prices and include the applicable statutory value-added tax (VAT).

Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer.

These include, for example:

  • charges for money transfers imposed by financial institutions (e.g., transfer fees or currency conversion fees), and
  • import duties or taxes (e.g., customs duties).

Such costs may also arise in connection with money transfers if delivery is not made to a country outside the European Union but payment is made from a country outside the European Union.

4.3

The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4

If a payment method offered via PayPal is selected, payment processing shall be carried out through PayPal, which may use the services of third-party payment providers for this purpose.

Where the Seller offers payment methods through PayPal under which the Seller extends credit to the Customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically designated to the Customer.

Before accepting the assignment, PayPal or the commissioned payment service provider conducts a credit assessment using the transmitted Customer data.

The Seller reserves the right to refuse the selected payment method if the credit assessment yields a negative result.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or according to the agreed payment schedule.

In such cases, payment can only be made to PayPal or the commissioned payment service provider with debt-discharging effect.

However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries relating to goods, delivery times, shipping, returns, complaints, withdrawal declarations, or refunds.

4.5

If payment by credit card via Stripe is selected, the invoice amount becomes due immediately upon conclusion of the contract.

Payment processing is carried out via:

Stripe Payments Europe Ltd.
1 Grand Canal Street Lower
Grand Canal Dock
Dublin
Ireland

Stripe reserves the right to conduct a credit assessment and to reject this payment method in the event of a negative credit assessment.

4.6

If a payment method offered through Klarna is selected, payment processing shall be carried out via:

Klarna Bank AB (publ)
Sveavägen 46
111 34 Stockholm
Sweden

Further information and Klarna’s applicable terms and conditions can be found at:

https://yellowbearrecords.com/payment/

5) Delivery and Shipping Conditions

5.1

Where the Seller offers shipment of goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.

The delivery address specified during the Seller’s order processing shall be decisive for the execution of the transaction.

Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2

If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result.

This shall not apply to the costs of the initial shipment if the Customer validly exercises their statutory right of withdrawal.

With regard to return shipping costs following a valid withdrawal, the provisions set out in the Seller’s Withdrawal Policy shall apply.

5.3

If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed over the goods to the freight carrier, shipping company, or other person or institution designated to carry out the shipment.

If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods shall generally pass only upon delivery of the goods to the Customer or a person authorized to receive them.

Notwithstanding the foregoing, the risk shall also pass to a consumer once the Seller has handed over the goods to the carrier if the Customer has independently commissioned the carrier, freight forwarder, or other person responsible for transportation and the Seller has not previously named such person or institution to the Customer.

5.4

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.

This applies only where the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier exercising due care.

The Seller shall make all reasonable efforts to procure the goods.

In the event that the goods are unavailable or only partially available, the Customer shall be informed without undue delay and any consideration already paid shall be refunded immediately.

5.5

Collection of goods by the Customer is not possible for logistical reasons.

6) Retention of Title

Where the Seller performs in advance, the Seller retains title to the delivered goods until full payment of the purchase price owed has been received.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions governing liability for defects shall apply.

For contracts concerning the supply of goods, the following provisions shall additionally apply:

7.1

If the Customer acts as an entrepreneur:

  • the Seller shall have the right to choose the method of subsequent performance (repair or replacement);
  • the limitation period for claims relating to defects in new goods shall be one year from delivery of the goods;
  • claims relating to defects in used goods shall be excluded;
  • the limitation period shall not recommence if a replacement delivery is made under warranty.

7.2

The above limitations and reductions of limitation periods shall not apply:

  • to claims for damages and reimbursement of expenses;
  • where the Seller has fraudulently concealed a defect;
  • to goods that have been used for a building in accordance with their usual purpose and have caused the defectiveness of that building;
  • to any obligation of the Seller to provide updates for digital products under contracts for goods with digital elements.

7.3

For entrepreneurs, the statutory limitation periods applicable to any legal recourse claims shall remain unaffected.

7.4

If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and notify defects pursuant to Section 377 HGB. If the Customer fails to comply with these notification obligations, the goods shall be deemed approved.

7.5

Consumers are requested to report any obvious transport damage to the delivery company and to inform the Seller accordingly. Failure to do so shall not affect the Customer’s statutory or contractual warranty rights.

8) Liability

8.1

The Seller shall be liable without limitation, irrespective of the legal basis:

  • in cases of intent or gross negligence;
  • for intentional or negligent injury to life, body, or health;
  • under a guarantee, unless otherwise provided therein;
  • under mandatory statutory liability, including liability under the German Product Liability Act (Produkthaftungsgesetz).

8.2

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding clause.

Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

8.3

Any further liability of the Seller is excluded.

8.4

The above liability provisions shall also apply with regard to the liability of the Seller’s agents, employees, and legal representatives.

9) Applicable Law

9.1

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2

This choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not residents of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded.

10) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office.

If the Customer is established outside the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the Customer’s commercial or professional activity.

In all such cases, however, the Seller shall also be entitled to bring proceedings before the court having jurisdiction at the Customer’s place of business or residence.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Status / Version Date: 22 June 2026