General Terms and Conditions (“Terms”)
Your contracting partner is:
Universal Music GmbH (“Universal Music“ or “we” / “us“)
Managing Director: Frank Briegmann
Stralauer Allee 1, D-10245 Berlin, Germany
Returns shall be addressed to our returnsaddress (click here)
Commercial Register: Amtsgericht Charlottenburg HRB 158632
I. Offer, Contract Conclusion
1. Offer: Our offer made on this website (“Website“) as well as these Terms shall be made and apply only to consumers, as such expression is used and defined in § 13 of the German Civil Code, Bürgerliches Gesetzbuch, “BGB”). All prices set out hereunder are final prices including the German statutory VAT.
2. Contract Conclusion: Your order to Universal Music represents an offer to purchase a product (“Offer“) which is accepted by Universal Music (“Acceptance”) either by our order confirmation or by delivery of the product. If you receive no reply to an Order within two weeks - if a shorter period has been agreed, then such shorter period shall apply - the customer is no longer bound to the Offer. Prior to the Acceptance there shall be no claim for fulfillment, e.g. in respect of the delivery of ordered product.
II. Delivery Rates, Payment
1. The current delivery rates are:
|Germany||5,95€||Free shipping on orders from 80€|
|Norway||12,95€||Please note: Delivery to your address can’t be guaranteed. Your parcel may be delivered to a local post office and you will receive a notification.|
|other EU countries||15,95€|
|all other countries outside EU / EFTA||36,95€|
Please note: additional costs of 5,60 € will apply when ordering via cash on delivery
There shall be a minimum order value of EUR 5,00 for all orders.For deliveries outside of the European Union the customer shall be responsible for any and all charges for customs clearances and all export and/or import duties.
2. Cash-on-delivery: In the event of delivery on a cash-on-delivery basis, payment shall be made by the customer to the deliverer of the product. The deliverer raises an additional fee in the amount of Euro 4,00. Please note! Deliveries on a cash-on-delivery basis are only available for deliveries within Germany and Austria! Deliveries on such cash-on-delivery basis in Germany shall also be subject to an additional delivery charge raised by the deliverer, Hermes/ Post, in the amount of Euro 2,00.
3. By credit card: Please enter your credit card details including credit card name, credit card number, three-digit card verification number, cardholder and the expiration date. Customer and cardholder must be identical. The respective amount is charged to your card upon dispatch of the product.
4. We do not accept cheque and cash payments. Orders sent including cheques or cash will be returned to sender at customer’s sole risk.
5. Set-Off: The customer shall only be entitled to set-off for claims that are uncontested or determined by final judgment.
1. Delivery date: The general delivery estimate is 10 days, unless otherwise indicated in the product description. Delivery is dispatched once all items of an order are available at the warehouse. Customer will be informed in respect of respective delays.
2. Right of withdrawal: In the event of any permanent impediment to delivery outside of our responsibility (e.g. force majeure or non-delivery by our deliverer despite timely and congruent hedging), we shall be entitled to withdraw from the respective agreement so entered into with customer. In such event we shall inform customer immediately and shall return advance payments received by us in respect of such orders.
3. One size fits all: If there is no size selection offered in the catalogue, we deliver in one size only (Boy or Freesize: approximately XL, Girlie or Small: approximately S).
4. All deliveries hereunder are made under reservation of title, provided such legal instrument is available in the target country of such sale.
IV. Information regarding the right of revocationRevocation Right
You have the right to revoke your contract within 14 days without giving any reasons. The period of revocation is 14 days from the day on which you, or a third party designated by you (but who is not the carrier), took possession of the last item of merchandise. In order to exercise your right of revocation you must notify us (Universal Music GmbH, c/o Nordkurier Logistik Berlin GmbH & Co. KG, Alexander-Meißner-Str. 78-80, 12526 Berlin, Bohnsdorf / Deutschland, Telefon: +49 (0)341 9135 220, E-Mail: firstname.lastname@example.org of your decision to revoke the contract by sending us an unequivocal declaration (e.g. a letter sent by post or an e-mail). If you wish, you may use the following revocation form, but there is no requirement to do so. You will be deemed to have complied with the revocation period if you send your notice of revocation before such period expires.Consequences of Revocation
If you revoke this contract, we are required to refund all payments we received from you, including delivery costs (except any additional costs incurred as a result of you choosing a delivery method other than the lowest-cost standard delivery offered by us), without undue delay and at least within 14 days from the day on which we received your notice of revocation of this contract. Refunds will be processed using the same method of payment which you used for the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the refund. We may hold off completing your refund until we have received the merchandise back, or you have supplied us with proof that you have returned the merchandise, whichever occurs earlier.
You are obliged to return or hand over all merchandise to us (Bravado Merchandise – a Division of Universal Music GmbH, c/o Nordkurier Logistik Berlin GmbH & Co. KG, Alexander-Meißner- Str. 78-80, 12526 Berlin, Bohnsdorf / Deutschland) without undue delay, but at least within 14 days from the day on which you gave us your notice of revocation of this contract. The above requirement is deemed satisfied if you return the goods before expiry of the 14-day period. You bear the direct costs of returning the merchandise. You are only obliged to cover any depreciation in the value of merchandise if the depreciation is attributable to your improper handling of the merchandise when examining its condition, properties and function.
(If you wish to revoke the contract, please complete this form and return it to us)
I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following merchandise (*)/:
— ordered on (*)/received on (*)
— name of customer(s)
— address of customer(s)
Signature of costumer(s) (only for notification on paper)
(*) Delete where applicable
Explanatory notes on the right of withdrawal
The right of withdrawal shall apply in respect of the sale of audio, audio-visual carriers and software only if the seal and/or shrink-wrapping have remained intact. The right of withdrawal shall not apply in respect of the sale of newspapers, journals, magazines, unless the consumer has made his offer to purchase such product by telephone communication. The right of withdrawal shall not exist for contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery.
V. Defects and liability
a) Unless set out to the opposite under sub-clause 2 below, the German statutory provisions on liability for defects shall apply.
b) Minor deviations in the colour of the delivered product and its depiction are due to technical reasons. Deviations may occur in respect of sleeve and back prints, as we at Universal Music at all times strive to provide the most recent version of such print (e.g. current tour dates, improved designs etc.). Due to complex production processes, so-called allover-prints may bear unprinted parts at the fringes of the clothing which are technically unavoidable. The aforementioned circumstances shall not be deemed defects of the product delivered; same shall apply to damages caused by breaching the care instructions.
c) The limitation period in respect of consumers’ (§ 13 BGB) claims shall be two years following delivery of the product.
2. Negligence liability
(a) Universal Music shall be liable for damages and/or the reimbursement of futile expenditures in connection with this agreement so caused by Universal Music, Universal Music’s legal representatives and vicarious agents only in the event of intent and gross negligence and in the event of the breach of such obligations, the observance of which is of essential importance in respect of the contract (such obligations to be fulfilled according to the content and intent of the contract or the compliance of which is essential for the fulfilment of the contract or which enables the fulfilment of the contract and which may be reasonably expected by the contracting partner). Damages shall be limited to the usual foreseeable damages, unless in the event of intent and gross negligence.
(b) Claims and demands for damages shall remain unaffected in respect of such claims and demands pertaining to the liability under the German product liability and/or the equipment safety acts, claims and demands pertaining to the liability in respect of damages in the event of injuries of life, physical integrity or health, in the event of fraudulent intent, in the event of frustration of the contractual obligations or unreasonableness of the fulfilment of the contract, in the event of any guarantees made in respect of the condition of the product, in respect of the assumption of a procurement risk and/or in the event of material breaches. (c) The preceding liability provisions shall equally apply to the personal liability of the legal representatives and vicarious agents of Universal Music. The aforementioned provisions shall not effect and/or be deemed to imply a reversed onus of proof.
VI. Applicable law
German law (excluding the UN Sales Convention) shall apply to this agreement and any and all claims deriving hereunder; peremptory norms of consumer protection law as applicable at customer’s residence shall remain unaffected.
VII. Dispute Resolution
European Online Dispute Resolution platform: www.ec.europa.eu/consumers/odr
In principle, however, please note that we do not intend to take part in any such dispute settlement proceedings.