Terms & Conditions
Cursed Records, Velden am Wörthersee, Austria
Scope
(1) Our Terms and Conditions, which can be viewed online, apply to all orders placed through our online shop (www.cursedrecords.at ). We would recommend that our Terms and Conditions are printed out for every order together with the information on the particular order and that a copy of those be retained accordingly.
(2) The following Terms and Conditions in the version applicable at the time of the order apply exclusively to all contracts entered into by and between us (CURSED RECORDS) and the Customer. We do not acknowledge any of the Customer’s terms of business that differ from our own except where we have expressly consented to the validity of such terms in writing.
Contract Formation
(1) Every order placed with us (CURSED RECORDS) by a Customer constitutes an offer to enter into a contract to purchase goods. The receipt of every order will first be confirmed by us. Such confirmation (confirmation of receipt) does not constitute acceptance of the offer but serves solely to inform the Customer that we have received the respective order. A contract is formed only once we ship the ordered item(s) to the Customer and this shipment to the Customer is correspondingly confirmed via a second e-mail (confirmation of shipment).
(2) Please note that sales of all goods are limited to those quantities corresponding to typical household use. This applies both to the quantity of items ordered in connection with one order as well as to the placement of multiple orders for the same item(s) where the individual orders taken together comprise a quantity corresponding to typical household use. All offers, in particular special offers, are valid only while supplies last.
(3) Pictures in our shop serve as a reference; the color of the actual product (t-shirt, vinyl, etc.) may vary due to the printing process and because colors may be displayed differently depending on monitor settings.
(4) For purposes of currency conversion, the Customer should be sure to apply the exchange rate valid on the date of payment. We accept payment in Euros or Bitcoin (optional) only.
Prices / Shipping Costs
(1) All indications of price in our catalog or on our website are gross prices in euros that include the respective value-added tax applicable by law. We expressly reserve the right to change our prices.
(2) The Customer may choose the method of advance payment (bank / fund transfer, PayPal). For organizational reasons, pickup of items in exchange for cash payment is not possible. In certain cases – for example, deliveries in countries that are not members of the EU – additional taxes or other charges (e.g. customs fees) may be imposed. The Customer is responsible for any such taxes or charges.
(3) Once Cursed Records has received payment, the item(s) will be shipped.
Retention of Title
(1) The item(s) delivered remain our (CURSED RECORD’s) property until payment has been made in full.
Shipment
(1) Most orders are delivered via regular postal services. Depending on your location orders might also be delivered by UPS, DHL or comparable parcel services!
Warranty, Guarantee
(1) We are liable for defects only to the extent set out in Austria’s relevant statutory provisions, in particular Sec. 922 et seq. of the Austrian Civil Code (ABGB). Where the Customer/ordering person is a business operator, our obligation to provide a warranty for items/products we deliver extends for 12 months.
(2) Any additional guarantee for goods we deliver exists only where such has been expressly provided in the order confirmation for the respective item(s).
Liability
(1) We are liable for loss – with the exception of bodily injury – only in the event of willful misconduct or gross negligence.
(2) The limitations set out in paragraphs 1 and 2 shall also be enjoyed by our legal representatives and parties assisting us (CURSED RECORDS) in performance in the event claims are asserted against such parties directly.
(3) Product liability claims shall not be affected.
Right of Rescission
(1) The Customer may rescind the contract or revoke the offer to contract within 14 days (Sec. 5e of the Austrian Consumer Protection Act (KSchG): seven workdays, (whereby Saturday is not included as a workday!) without stating a reason. This 14-day period begins upon receipt of this rescission policy in print form, however not before the Customer/recipient has received the goods (in the case of recurring delivery of goods of the same type, not before the Customer/recipient has received the first installment delivery) and also not before we have satisfied our obligation to provide information. For compliance purposes, sending the notice of rescission or returning the goods prior to the expiration of the 14-day period will suffice. The notice of rescission is to be sent in writing (letter, or e-mail) to:
Cursed Records
Dueler Waldweg 32
9220 Velden am Wörthersee, Austria
E-mail address: shop@cursedrecords.at
(2) Consequences of rescission: Where rescission is valid, both parties are to return what has been received by them in performance of the contract as well as any resulting benefits (e.g. interest). The Customer is required to pay appropriate compensation for the depreciation in the market value of the goods as the result of their use and for the use itself only where such use or depreciation is attributable to handling of the goods that extends beyond examination of their features and function. “Examination of their features and function” means testing and trying out the respective goods as would be possible and typical for instance in a retail store. Items capable of being shipped as a parcel are to be returned at our/the Customer’s own risk.
(3) Returning the goods: The Customer must pay the costs for return shipment where the goods delivered match the order and the price of the item(s) to be returned does not exceed a sum of EUR 40.00, or where, in the event of a higher price, the Customer has not yet remitted payment or a contractually stipulated installment payment at the time of rescission. In other cases, return shipment will be free of charge to the Customer. Items not capable of being shipped as a parcel will be picked up from the Customer.
End of Rescission Policy
Sealed CDs/DVDs/Software – No Right of Rescission
Pursuant to Sec. 5f no. 4 of the Austrian Consumer Protection Act (KSchG), there is no right of rescission of contracts concerning audio or video recordings or software where the seal on the data media delivered has been broken.
Information on Data Processing
(1) We (CURSED RECORDS) collect and store data concerning the Customer in connection with contract performance. When doing so, we comply with the provisions of the Austrian Data Protection Act (Datenschutzgesetz). Where we (CURSED RECORDS) do not have the Customer’s consent, we will only collect, process, or use data concerning the user or usage insofar as doing so is necessary for consummation of the contractual relationship and for utilization and invoicing.
(2) Where we do not have the Customer’s consent, we will not provide the Customer’s data to third parties for purposes of advertising, market research, or opinion polling.
Liability for Third-Party Links
(1) If and to the extent we provide links to other websites on our webpages, we hereby declare that we have no influence on the design or content of the linked pages. For this reason, we hereby expressly disassociate ourselves from any and all content of any and all pages linked via www.cursedrecords.at, and disavow any ownership of such content. This declaration applies to all links displayed and to the content of the pages to which such links connect.
Final Provisions
(1) Contracts between us (CURSED RECORDS) and the Customer are governed by the laws of the Republic of Austria and shall exclude application of the UN Convention on Contracts for the International Sale of Goods.
(2) Where the Customer is a business operator, a legal entity under public law, or an entity specially funded under public law, the venue for all disputes arising from contractual relationships between the Customer and us (CURSED RECORDS) shall be the judicial district in which CURSED RECORDS’s registered office is located. (Villach, Austria)
(3) In the event of the nullity of individual clauses, the remaining portions of the contract shall nevertheless remain binding. To the extent that such exist, statutory provisions shall replace the invalid clauses. However, where this would constitute an unacceptable hardship for one of the parties, the contract as a whole shall be void.
Party Providing Services / Legal Notice
Cursed Records
Dueler Waldweg 32
9220 Velden am Wörthersee
Austria
Founder and Owner: Franz Ferdinand Hawa
