Terms & Conditions
IMPORTANT: Ensure your address is 100% accurate!
• Changing your address can be extremely challenging for us once your order is processed and the packing slips are printed. This is because we would have to sift through hundreds or even thousands of printed packing slips to locate and update your order.
• In cases where an incorrect address leads to your parcel being returned to us, we incur a return fee (for example, €10.00 – €25.00 for DHL, depending on the country). This fee, along with the additional postage for re-shipment, will unfortunately have to be borne by you. In essence, you would need to pay for postage twice, in addition to the return fee.
Please note that all costs associated with the second shipment due to address errors or changes, as well as any return fees incurred, must be covered by the buyer, not Pelagic Records. Ensuring your address is correct at the time of placing your order will help avoid these additional costs.
General Terms and Conditions of PELAGIC RECORDS
§1 Geltung gegenüber Unternehmern und Begriffsdefinitionen
(1) The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.
§2 Conclusion of a contract, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders via our online shop https://pelagic-records.com .
(2) If the contract is concluded, the contract is concluded with:
(3) The presentation of the goods in our online shop does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. Vinyl records can differ significantly in colour, colour patterns and general visual impression from the mockups of vinyl records in our online shop; this lies in the nature of vinyl production where results are oftentimes unforeseeable, and every vinyl record is a handmade good. We will not accept any requests for a refund because the product differs from the mockup.
By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) When an order is received in our online shop, the following rules apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
The order takes place in the following steps:
1.) Selection of the desired goods
2) Confirm by clicking the “buy” or “add to cart” button
3) Checking the information in the shopping cart
4) Pressing the “checkout” button
5) Registration in the internet shop after registration and entering the registration details (e-mail address, shipping and invoice address and password).
6) Re-examination or correction of the respective entered data.
7) Binding dispatch of the order.
Before the binding submission of the order, the consumer can return to the website on which the customer’s information is recorded by pressing the “Back” button in the Internet browser used by him, and correct input errors after checking his details, or cancel the order process by closing the Internet browser tab or window. We immediately confirm receipt of the order by an automatically generated e-mail (“order confirmation”). With this we accept your offer.
(5) Storage of the contract text for orders via our internet shop: We will send you the order data and our terms and conditions by email. You can also view the terms and conditions at any time at https://pelagic-records.com/general-terms-and-conditions/. For security reasons, your order details are no longer accessible via the Internet.
§3 Prices, Shipping costs, Payment, Due date
(1) The prices indicated include the statutory sales tax (VAT, MWSt) and other price components. Any shipping costs will be added.
(2) The consumer has the option of paying in advance, direct debit, and for certain products, by PayPal.
(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract.
§4 Delivery & Receipt of Goods
(1) Unless we have clearly stated otherwise in the product description, all items we offer are ready for dispatch immediately. Please note that a lot of our items are on sale for pre-order, and will not ship before the date mentioned in the product description.
(2) We rely on our vinyl, print work and merchandise suppliers and manufacturers to deliver products us in time. Since this is out of our control, the preorder dates given in the product descriptions are NOT binding. If there are any delays on behalf of the manufacturers, we aim to inform you.
(3) If the consumer has chosen to pay in advance, we will not send the goods before receipt of payment.
(4) If the parcel should arrive at your place with visible damages to the outer cardboard packaging, you must reject the parcel or make a clear note stating that the goods arrived in damaged condition when you sign for reception of goods, next to your signature. If the contents of the parcel should also be damaged, you must send to the email address email@example.com a list of damaged items including quantity and type of damage, as well as high resolution photos of:
a) the damaged contents. These photos must show the damages, and the product must be identifiable (e.g. Show artist name or catlogue number)
b) the outer parcel / packaging. These fotos must show the shipping label, tracking number and damages to the box or cardboard sleeve. THIS IS VERY IMPORTANT! If you do not send us pictures of the damaged OUTER box alongside photos of the damaged products you have purchased, then we cannot file a complaint with the courier or logistics partner you have chosen for delivery, and cannot reimburse you, nor send you replacement goods.
(5) if you have chosen DHL as carrier, then you must get an appraisal/survey by your national post company confirming that the shipment arrived damaged. It works differently in different countries, sometimes a foto documentation is enough, sometimes you have to actually go to your local post office with the damaged items (and always including the outer packaging) to get the appraisal. Without this, we cannot make any claim to DHL, so please forward this to us ASAP!
(6) We will aim to send you replacements for the damaged parts or products, but we can do so only if you fulfill your obligations listed under §4(4) and (5) fully and wholly.
We reserve title to the goods until the purchase price has been paid in full.
§6 Refund Policy
You can return the received goods without giving a reason within 14 days by sending them back t us at your own expense. The period begins after receipt of this instruction in text form (e.g. as a letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to Article 246 § 2 in connection with § 1 Paragraph 1 and 2 EGBGB as well as our obligations according to § 312g Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. Only in the case of goods that cannot be sent as a parcel (e.g. bulky goods) can you also declare the return by means of a return request in writing. Timely dispatch of the goods or the return request is sufficient to meet the deadline. In any case, the return is at your risk and expense.
The return or the return request must be sent to:
Köpenicker Straße 180
In the event of an effective return, the mutually received services are to be returned and any benefits drawn are to be surrendered. In the event of a deterioration of the item and for uses (e.g. advantages of use) that cannot be returned or can only be given in part or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item if the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail shop. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt.
End of Refund policy.
§7 Contract Language
As contract language german will be available exclusively. This translation to English is solely for your convenience.
Stand der AGB: Juli 2012
§8 Combined Orders
Please note that we will not combine orders, and will ship all orders and preorders as they are received.
The reason is that it takes way too much time to dig through piles of hundreds of printed order lists, which we sort by our main preorder themes (not by customer name) to find your 2 or more orders, and combine them.
Thanks for bearing with us.
Your PELAGIC RECORDS team