YELLOW BEAR RECORDS

    Terms and Conditions

    Terms and Conditions

    Table of Contents

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

    1) Scope

    1.1 These Terms and Conditions (hereinafter “T&Cs”) of Yellow Bear Records GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods displayed in the Seller’s online shop. Any conflicting terms of the Customer are hereby excluded unless otherwise agreed.

    1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes which are predominantly not attributable to their commercial or self-employed professional activity.

    1.3 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a legally recognized partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

    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 for the Customer to submit a binding offer.

    2.2 The Customer can submit an offer using the online order form integrated into the Seller’s online shop. By clicking the order button after adding the selected goods to the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer regarding the goods contained in the cart.

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

    • by sending the Customer a written order confirmation or confirmation in text form (fax or email), with receipt by the Customer being decisive, or
    • by delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive, or
    • by requesting payment from the Customer after submission of their order.

    If multiple of the aforementioned alternatives occur, the contract is concluded at the time when the first of these alternatives takes place. The period for acceptance begins the day after submission of the Customer’s offer and ends at the end of the fifth day thereafter. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection, and the Customer is no longer bound by their declaration of intent.

    2.4 If a payment method offered by PayPal is selected, the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), in accordance with the PayPal User Agreement, available at https://www.paypal.com/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, in accordance with the conditions for payments without a PayPal account, available at https://www.paypal.com/legalhub/paypal/privacywax-full. If the Customer pays via a PayPal payment method selectable in the online order process, the Seller hereby accepts the Customer’s offer at the time the Customer clicks the button completing the order process.

    2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter). No further access to the contract text is provided by the Seller.

    2.6 Before submitting the order via the online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display. The Customer can correct their entries using the usual keyboard and mouse functions until the order button is clicked.

    2.7 Different languages are available for contract conclusion. The specific language selection is displayed in the online shop.

    2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and can receive emails from the Seller. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered when using spam filters.

    3) Right of Withdrawal

    3.1 Consumers are generally entitled to a right of withdrawal.

    3.2 Detailed information regarding the right of withdrawal is provided in the Seller’s withdrawal policy.

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

    4) Prices and Payment Terms

    4.1 Unless otherwise indicated in the Seller’s product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs are indicated separately in the respective product description.

    4.2 For deliveries to countries outside the European Union, additional costs may arise that are not the responsibility of the Seller and must be borne by the Customer. These may include, for example, costs for money transfers by banks (e.g., transfer fees, currency conversion fees) or import duties/taxes (e.g., customs). Such costs may also arise in relation to money transfers even if delivery does not take place outside the European Union, but the Customer makes the payment from a country outside the European Union.

    4.3 Payment methods are communicated to the Customer in the online shop.

    4.4 If a payment method offered via PayPal is selected, payment is processed via PayPal, which may also use the services of third-party payment providers. If the Seller offers PayPal payment methods where the Seller provides prepayment (e.g., invoice or installment purchase), the Seller assigns their claim to PayPal or the payment provider designated by PayPal. Before acceptance of the assignment, PayPal or the payment provider conducts a credit check using the provided Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check. The Customer must pay the invoice amount within the agreed payment period or intervals. The Seller remains responsible for general customer inquiries regarding goods, delivery, shipment, returns, complaints, withdrawal declarations and submissions, or credit notes.

    4.5 If the payment method “Credit Card via Stripe” is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative result.

    4.6 If the payment method “Klarna” is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Further information and Klarna’s terms are available at: https://yellowbearrecords.com/zahlung/

    5) Delivery and Shipping Conditions

    5.1 If the Seller offers delivery of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For transactions with PayPal payment, the delivery address registered with PayPal at the time of payment is decisive.

    5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller. This does not apply to shipping costs if the Customer exercises their right of withdrawal effectively. For return shipping costs, the provisions of the Seller’s withdrawal policy apply in the event of effective withdrawal by the Customer.

    5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller delivers the goods to the carrier, freight forwarder, or other person or institution designated for shipment. If the Customer is a consumer, the risk generally passes upon delivery to the Customer or an authorized recipient. Deviating from this, for consumers the risk passes to the Customer as soon as the Seller delivers the goods to the carrier, freight forwarder, or other person or institution designated for shipment if the Customer commissions this person or institution for delivery and the Seller has not previously named them.

    5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if non-delivery is not the Seller’s fault and the Seller has concluded a concrete coverage transaction with due diligence. The Seller will make reasonable efforts to procure the goods. In the event of non-availability or partial availability, the Customer will be informed immediately, and any consideration paid will be refunded immediately.

    5.5 Self-collection is not possible for logistical reasons.

    6) Retention of Title

    If the Seller provides prepayment, they retain ownership of the delivered goods until full payment of the purchase price has been made.

    7) Warranty

    7.1 Unless otherwise stated below, the statutory warranty provisions apply. Deviating from this, for contracts for the supply of goods:

    • If the Customer acts as an entrepreneur, the Seller may choose the type of subsequent performance;
    • The limitation period for claims for defects for new goods is one year from delivery;
    • Claims for defects for used goods are excluded;
    • The limitation period does not restart if a replacement delivery is made under the warranty.

    7.2 The above liability limitations and period reductions do not apply:

    • for claims for damages and reimbursement of expenses of the Customer;
    • if the Seller has fraudulently concealed a defect;
    • for goods used in accordance with their normal use in a building whose defectiveness caused a defect;
    • for any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

    7.3 Furthermore, for entrepreneurs, statutory limitation periods for any existing statutory recourse claims remain unaffected.

    7.4 If the Customer is a merchant pursuant to § 1 HGB, they are subject to the commercial duty of examination and notice of defects according to § 377 HGB. If the Customer does not fulfill these obligations, the goods are deemed approved.

    7.5 If the Customer is a consumer, they are requested to inspect delivered goods for obvious transport damage with the carrier and notify the Seller. Failure to do so does not affect statutory or contractual warranty claims.

    8) Liability

    8.1 The Seller is fully liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses in the following cases:

    • in cases of intent or gross negligence,
    • in cases of intentional or negligent injury to life, body, or health,
    • due to a guarantee promise, insofar as nothing else is agreed,
    • in accordance with mandatory liability, e.g., under the Product Liability Act.

    8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability exists as per 8.1. Essential contractual obligations are duties that the contract imposes on the Seller for achieving the purpose of the contract, the fulfillment of which enables proper performance of the contract, and on whose compliance the Customer regularly relies.

    8.3 In all other respects, the Seller’s liability is excluded.

    8.4 The above liability provisions also apply to the Seller’s vicarious agents and legal representatives.

    9) Applicable Law

    9.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as mandatory protection under the law of the country where the consumer has their habitual residence is not removed.

    9.2 Furthermore, this choice of law does not affect the statutory right of withdrawal for consumers who, at the time of contract conclusion, are not residents of an EU member state and whose sole residence and delivery address are outside the European Union.

    10) Jurisdiction

    If the Customer is a merchant, a legal entity under public law, or a public special fund with its registered office in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer is located outside Germany, the Seller’s place of business is still the exclusive place of jurisdiction for disputes arising from this contract if the contract or claims are attributable to the Customer’s commercial or professional activity. The Seller is entitled to bring proceedings at the Customer’s location in any case.

    11) Alternative Dispute Resolution

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