TERMS AND CONDITIONS
1. General provisions
1.1. Terms of Service
The general terms and conditions apply to all services and also deliveries of goods by the service provider. Unless otherwise agreed, these terms and conditions are an integral part of the contract between the service provider and the customer.
2. Conclusion
2.1. A contract is generally concluded from the completed order process and a written confirmation from the service provider. The time of conclusion of the contract is upon receipt of the order confirmation, usually by email, by the service provider.
3. Prices / estimate
3.1. The prices shown apply at the time of the order. However, changes are reserved at any time under certain circumstances.
3.2. If the service provider publishes the prices that are expected to be charged orally or in writing, the following applies:
The cost estimates are not guaranteed unless a binding price has been agreed, in accordance with Section 5 (2) KSchG. In this respect, the cost estimates are non-binding. If it should be the case that the costs are exceeded, the service provider will inform the client – as far as possible – beforehand. The service provider and the client will therefore agree on the further procedure. If the customer mistakenly selected the wrong product during the ordering process, the service provider can invoice the missing surcharge or adjust the product to the paid specifications.
4. Withdrawal
4.1. Due to the personalized and customer-specific service and production, the buyer can no longer withdraw from the purchase contract from the time of the order and the outgoing order confirmation. The above-mentioned time of contract conclusion applies.
4.2. Unless otherwise stated, the right of withdrawal does not apply to distance contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs.
4.3. The service provider can revoke the contract at any time if it is not possible for him to deliver the product to the customer due to the relevant circumstances and missing requirements.
5. Dates
5.1. The service provider will, as far as possible, meet agreed deadlines for completion / delivery. The approximate period of manufacture until dispatch is communicated in writing, but is only a guideline and estimate and therefore does not create any commitment. If unforeseen circumstances occur that make it impossible to meet the deadlines, the service company will name a new period for the service / delivery. The service provider will, as far as possible, inform the customer about delays in the appointment.
6. Payment
6.1. Basically, the prices apply according to the time of the order or after order confirmation. Except – see cost estimate – something else would have been agreed. The client must pay the final amount according to the invoice immediately upon receipt of the same. The payment conditions result from the ordering process. The service provider is entitled to request the entire invoice amount in advance when placing the order.
7. Goods Delivery
7.1. The process of producing and manufacturing the order begins immediately after the outgoing order confirmation. Since, as already mentioned, these are tailor-made and customer-specific products, the client can no longer withdraw from this point of time and cannot call them back.
7.2. After production, the goods will be handed over to a transport company / person freely selectable by the service provider, unless expressly agreed otherwise. From this point on, liability is transferred to the client. In the event of improper transmission / damage during transport, the client must take care of damages through the transport company. The service provider can under no circumstances be held responsible. The customer bears the full costs of the transport.
7.3. If the customer refuses to accept the goods or the goods come back, the costs for all additional costs incurred and for the new shipment are with the customer and can be requested by the service provider without exception. In the event of renewed refusal to accept the goods, the service provider reserves the right to withdraw from the contract and to retain the full invoice amount as compensation after a period of notice given in writing. He also reserves the right to claim higher damages. This also applies from the time of receipt of a serious declaration of refusal by the customer.
8. Complaints
8.1. Obvious defects should be reported by the customer as soon as possible, at least within a period of 10 working days after receipt of the goods. Hidden defects may only be objected to 30 days after receipt of the goods by the customer. In both cases, the check is carried out by the service provider.
8.2. If the defects concern part of the delivery, the entire delivery must not be rejected.
8.3. In the event of a complaint with an obvious fault on the part of the service provider, the service provider must be given a reasonable period for the replacement delivery. If this is not possible on the part of the service provider, the client may request a reimbursement of the defective part with the defects. A further guarantee, in particular for consequential damage caused by a defect, is excluded unless there is gross negligence or wilful intent on the part of the service provider.
9. Place of performance / place of jurisdiction
The place of performance is the seat of the service provider. The court at the seat of the service provider is solely responsible for all disputes. If the customer moves his place of residence, habitual residence or place of employment abroad after conclusion of the contract, the aforementioned court remains responsible. The service provider is also entitled to sue the customer at the court of its registered office.
10. Liability
The service provider is only liable for intent or gross negligence. Liability for consequential damage caused by the products of the service provider is excluded. The client uses the products at his own risk and liability.
11. Rights
11.1. With the completion of the order, the client declares that he has all the necessary rights to reproduce the material presented and guarantees that the copyrighted remuneration is correct and that the service provider cannot be held responsible in any way. The client is liable for all material provided without exception.
11.2. By concluding the contract, it is bindingly agreed that the service provider will be brought by the client without complaint in any direction. In particular, this applies to all claims by third parties, including all claims by copyright or ancillary copyright companies or corresponding organizations, as well as any attorney and court costs that result from an alleged or actual violation of such rights. Ancillary copyrights are understood to mean the rights of publishing when music is taken over by a music publisher with subsequent reproduction. In addition to the composer’s rights, the publisher also has a right to the current recording.
11.3. The production and duplication of single vinyl copies are only permitted for private personal use. Commercial intent is not allowed. The copy template, i.e. the audio material sent, must be legally obtained in any case. The service provider is under no obligation to clarify the origin of the transmitted audio material and cannot be held responsible in the event of any violation
11.4. by ordering from the phono.space record store the customer instructs phono.space to manufacture a private personal copy of the music displayed. for all of the releases displayed, the artists have been given the right to duplicate the material for personal and private use. the price of music in the record store is only the price of the manufacturing cost of phono.space and not of the finished vinyl record as so.
11.5. The service provider undertakes to store all data and materials sent, physically or non-physically, with care and not to pass them on to third parties and can delete or destroy them if necessary.
phono.space
philipp fasching
ub10 9jp
greater london
United kingdom
E-Mail: vinyl@phono.space
Privacy Policy
Declaration on the duty to provide information
Data protection The protection of your personal data is very important to us. We therefore process your data exclusively on the basis of the legal provisions (GDPR (DSGVO), TKG 2003). In this data protection information we inform you about the most important aspects of data processing on our website.
Contacting us
If you contact us using the form on the website or by e-mail, your data will be stored with us for at least six months for the purpose of processing the request and in the event of follow-up questions. We will not pass on this data without your consent.
Data storage
We would like to point out that for the purpose of a simpler shopping process and for later contract processing, the web shop operator saves the connection owner’s IP data in the form of cookies, as well as the name, address and email address and, if applicable, credit card details of the buyer. When setting up a customer account, other data entered voluntarily by the customer, such as the date of birth, can be saved. Under no circumstances will this data be passed on to third parties.
In addition, the following data is also stored with us for the purpose of contract execution: name, address, email address. The data you provide is required to fulfill the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you. A data transfer to third parties does not take place, with the exception of the transfer of the credit card data to the processing bank / payment service provider for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us to deliver the goods and to our tax advisor to fulfill our tax obligations.
After the purchase process is canceled, the data stored by us will be deleted. In the event of a contract being concluded, all data from the contractual relationship will be stored until the tax retention period (7 years) expires. The data name, address, purchased goods and date of purchase are also stored until the end of product liability (10 years). Data processing takes place on the basis of the legal provisions of Section 96 (3) TKG and Art 6 (1) lit a (consent) and / or lit b (necessary to fulfill the contract) of the GDPR.
Cookies
Our website uses so-called cookies. These are small text files that are stored on your device using the browser. They do no harm. We use cookies to make our offer user-friendly. Some cookies remain on your device until you delete them. They enable us to recognize your browser the next time you visit. If you do not want this, you can set up your browser so that it informs you about the setting of cookies and you only allow this in individual cases. If cookies are deactivated, the functionality of our website may be restricted. This website uses cookies for the purposes of analysis by Google Analytics (more on this in the next paragraph). Your consent can be withdrawn at any time.
For more information: https://www.cookiesandyou.com/
Web-analysis
Our website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”.
Google Analytics uses cookies that enable an analysis of your use of the website. The information generated in this way is usually transferred to a Google server in the USA and stored there. Through the activated IP anonymization on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address is only transferred to a Google server in the USA and abbreviated there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by clicking on the following link:
https://tools.google.com/dlpage/gaoptout
hl = de Download and install the available browser plug-in. You can find more information on terms of use and data protection at https://www.google.com/analytics/terms/de.html or https://support.google.com/analytics/answer/6004245?hl=de. We would like to point out that the code “gat._anonymizeIp ();” has been added to Google Analytics on this website in order to guarantee anonymous collection of IP addresses (so-called IP masking).
we do also use the google service: recaptcha v3 as a way of spam protection, which underlies the privacy policies and terms of google. you can find out more about them under the following two links: https://policies.google.com/privacy; https://policies.google.com/terms
Data processing takes place on the basis of the legal provisions of Section 96 (3) TKG and Art 6 (1) lit a (consent) and / or f (legitimate interest) of the GDPR.
Newsletter
You have the option of subscribing to our newsletter via our website. For this we need your email address and your declaration that you agree to receive the newsletter. In order to provide you with targeted information, we also collect and process voluntarily provided information on areas of interest, birthday and postcode […]. You can cancel your subscription to the newsletter at any time. Please send your cancellation to the following email address: vinyl@phono.space
We will then immediately delete your data in connection with the newsletter dispatch. This revocation does not affect the legality of the processing carried out based on the consent until the revocation.
Your rights
You have the right to information, correction, deletion, restriction, data portability, revocation and objection regarding your data stored by us. If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated in any way, you can complain to us at vinyl@phono.space or the data protection authority.
You are able to contact us through:
phono.space
philipp fasching
vinyl@phono.space