General Terms & Conditions – Terms & Conditions
§1 NonStop-Merch – Service description
- NonStop-Merch offers webshops where third parties (artists and labels) can sell their products with a focus on merchandise and digital content.
- As a platform, NonStop-Merch only enables transactions and is neither the buyer nor the seller of these third-party items. Thus, the contract concluded at the time of the conclusion of the sale of these third party articles is concluded exclusively between the buyer and the seller.
- NonStop-Merch is neither a contracting party nor a representative of the seller and therefore assumes no responsibility for that contract. The seller is responsible for the sale of the products, delivery, any complaint by the buyer and any other matters arising out of the contract between the buyer and seller.
- NonStop-Merch does not check the content published by users through our services. Therefore, they do not represent the opinion of NonStop-Merch.
§2 Account and communication
- The termination of this user contract must be made in writing. ( e-mail)
- Each user is responsible for the security of their account and password. The same applies to the restriction of access to all its equipment. Therefore, the user agrees to be responsible for all activities carried out through his account or password.
- Should the user notice or suspect that a third party is using his account or password without authorization, he should inform us immediately.
- When registering, the user must provide certain data. These are to be indicated correctly and completely both during the registration and also further. Any changes to this data must be communicated to us immediately or must be immediately updated in the NonStop Merch account. The user can view his details and information in the “My Account – Account Details” section of the website. The address must not be a P.O. box and the telephone number must not be a value-added service number.
- Occasionally, we may restrict user accounts in their function and, for example, require verification. This can happen if there is cause for concern as to whether, for example, the data provided is correct or if we notice any abnormal payment behaviour.
- The user may not use any NonStop Merch Service in any way to interrupt, damage or otherwise impair the NonStop Merch Service. It is also prohibited to use it for fraudulent purposes, illegal activities or in connection with a criminal offence.
- In case of violation of our terms, conditions, contractual agreements or applicable law, we reserve the right to deny the user services on the website or close his NonStop Merch account.
- Minors are not allowed to register.
- Where natural persons register, only one person may be identified as the holder of the NonStop Merch account.
- A NonStop Merch account is not transferable.
- If an account is inactive for a longer period of time, it will be deleted after a certain period of time.
- All communication between NonStop-Merch and the user is electronic. Apart from applicable legal regulations, another form of communication is required.
§3 Use of our services
- The user must ensure that his uploaded and used content is legal and does not violate any third party rights.
- It is also prohibited to upload and/or publish any content that violates any law or our regulations.
- When posting articles and contributions, care must be taken that the articles and contributions are placed in the appropriate category and in any form correctly and completely described. All details must be truthful. The terms of payment and delivery must also be fully disclosed.
- We receive from the user all rights that we need to execute our service. These rights include, but are not limited to, the right to post your images and text on our website. They also include the right to host, stream and sell his music on his behalf. This means that the user grants us the right to use all content provided by him in any form.
- All item prices quoted are final prices including applicable VAT, NonStop Merch fees and payment service fees. However, the selling price does not include shipping costs.
- All data that sellers receive from our platform during your use must be treated confidentially. Contact data received from the buyer during an order may only be used for contractual and pre-contractual communication.
- Blocking and modifying content from other users or NonStop-Merch is also prohibited and prohibited. Any other disruptive interference with our services as well.
- The insertion of false band names and search terms, which have nothing to do with the actual product to manipulate the search functions, is prohibited.
- Occasionally our services may be interrupted. These can be intentional interruptions as well as maintenance work. But also unwanted interruptions, such as system failures. However, we try to reduce them to a minimum and ask for your understanding. The user is not entitled to any refunds or credits.
- Our website may contain links to third party websites or resources. Should the user access these, he does so at his own risk. We are not responsible and liable for them.
- Any form of advertising that has not been agreed with us is prohibited.
§4 Violations of legal regulations, rights of third parties or these GTCs
- Should a user violate legal regulations, the rights of third parties or these General Terms and Conditions or should there be indications that this is the case, we may take certain measures.
This may also be the case if we have any other justified interest.
- These measures may include the following:
- Warning of users
- Restriction of the use of our services
- There is no right to restore the blocked NonStop Merch account after a user has been blocked.
- If a user has been blocked or terminated by us, the user is prohibited from using our services with other NonStop Merch accounts and/or from re-registering. However, blocking or termination has no effect whatsoever on the contracts concluded on the platform and up to that point in time.
- Should the user violate our terms and conditions and we do nothing against it, we are still entitled to make use of our rights at any other opportunity in which the user violates our terms and conditions.
- The entire content of our website, such as text, graphics, logos, button icons, images, audio and video clips is the property of NonStop-Merch or third parties. These contents are protected by German and international copyright and database law.
- It is therefore not permitted to reuse parts of our website without our express written consent.
§6 Conclusion of contract
- The contract is concluded exclusively in electronic business transactions via the shop system.
- The user receives all invoices electronically and can also access them via the website.
- After placing the order, the user receives an e-mail from us confirming receipt of the order by the seller and us. A so-called order confirmation. However, this does not constitute an acceptance of his offer. The order of a buyer merely represents an offer to the seller to conclude a sales contract. A sales contract exists only if the ordered product is dispatched to the buyer and the dispatch is confirmed to him with a second E-Mail. A so-called shipping confirmation.
- The purchase price is to be paid by the buyer via the payment methods offered by the seller. If there are problems with users and an invoice is not paid, for example, the payment methods available to the buyer may be restricted. In principle, the buyer is obliged to pay in advance.
- The sellers are obliged to take care of the delivery of the ordered goods as soon as possible after conclusion of the contract.
- Exceptions are pre-sales, where items are offered before they are publicly available. However, after publication these are also called “release”, also delivered to the buyer as soon as possible.
- A cancellation of an order is possible as long as the user has not yet received a shipping confirmation. In the case of digital content that is not delivered on a physical data carrier, this right to cancellation does not exist, as it is immediately available for download after the order has been placed.
- Each delivered product remains the property of the seller until full payment has been made.
§7 Delivery and customs
- Delivery will be made to the invoice address provided by the customer, unless the customer specifies a different delivery address.
- On the website the user will find information on the availability, dispatch or delivery of products. However, these are anticipated data.
- Therefore the indicated shipping and delivery dates are not binding and cannot be guaranteed.
- Should the seller discover during the processing of an order that the products ordered by the user no longer exist or are available, the user will be informed of this by e-mail.
- Should an order or its delivery not be possible, e.g. because the delivered goods cannot be delivered properly, the customer shall bear the costs for the unsuccessful delivery.
- If the User orders products for delivery outside the country where the Seller is located, the User may be subject to import duties and taxes which will be levied as soon as the delivery reaches the specified place of delivery. All fees for customs clearance must be paid by the buyer. For further information the user should contact his local customs authority.
- It should also be noted that the user is considered an importer when ordering and must comply with all laws and regulations of the country in which the user receives the products.
- Furthermore, we would like to draw attention to the fact that cross-border deliveries are subject to opening and investigation by customs authorities.
§8 Fees and “Creation Service
- For the offer of articles, fees are raised by the user and/or salesman. At the end of the month, the seller receives an invoice for the agreed commission.The sales commission only includes our taxes, which NonStop-Merch has to pay and not the payment service provider commission of e.g. PayPal. The seller takes over these additionally.
- Fees may change at any time, but users will be notified in good time before they come into force.
- If there are any errors or complications in the credit note or other matters relating to the order, we will contact the seller immediately.
- The sellers are prohibited from circumventing the fee structure of NonStop-Merch.
- We reserve the right to charge a lump sum for the deletion of articles, other contents or for the blocking of a user account. However, only if the user is responsible for the violation.
- A lump-sum fee may also be charged for the reactivation of a blocked user account. The amount of the fee will be communicated in advance and can be accepted or rejected by the user.
- Our “Creation Service” is a service in which we set up a seller and create his products. If a potential seller is interested in and chooses to use this service, he will pay all applicable fees described on the website in connection with these features.
§9 Language and applicable law
- The law of the Federal Republic of Germany shall apply exclusively. This shall only apply to consumers insofar as no statutory provisions of the state in which the customer has his residence or habitual abode are restricted thereby.
- We are neither willing nor obliged to participate in any dispute resolution proceedings.
- Nonstop-Merch is liable without limitation if the cause of damage is based on an intentional or grossly negligent breach of duty on our part.
§10 Amendments and severability clause
- From time to time, we may make changes to our website and our terms and conditions. This can happen, for example, for legal, safety, adjustment and optimisation reasons.
- Should the above changes occur, we will inform you in good time. You, as the user, have to accept or reject the options of this change. If you do not agree with the change, you have the right to cancel without notice. However, the rejection requires a written notification to us. (By e-mail)
- The invalidity of a provision of our General Terms and Conditions shall not affect the validity of the other provisions.
§11 Right of withdrawal for digital content
When ordering digital content, you agree that you will lose your right of withdrawal from the beginning of the contract.
Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to contracts for the supply of digital content which are not prefabricated and for the production of which an individual selection or provision by the consu mer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of revocation shall expire prematurely if we have only begun to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation with the commencement of performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.