Terms and Conditions

1. Scope of Application

1.1. For the business relationship between:

Oi! The Shop
Pascal Gaspard
Lucie-Bolte-Str. 2
66793 Saarwellingen
Germany

(hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”), only the following General Terms and Conditions in their version valid at the time of the order shall apply.

1.2. You can reach our customer service for questions, complaints, and claims on working days from 7:00 a.m. to 3:30 p.m. by telephone at +49-68389865804 or by email at order@oi-the-shop.com.

1.3. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB).

1.4. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.

2. Offers and Service Descriptions

2.1. The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit an order. Service descriptions in catalogs and on the Seller’s websites do not have the character of an assurance or guarantee.

2.2. All offers are valid “while stocks last” unless otherwise stated for the products. Errors excepted.

3. Order Process and Contract Conclusion

3.1. The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart via the button “Add to Cart.” The Customer can then proceed to complete the order process within the shopping cart by clicking the “Checkout” button.

3.2. By clicking the “Buy” button, the Customer submits a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the Customer can view and modify the data at any time. Mandatory information is marked with an asterisk (*).

3.3. The Seller will then send the Customer an automatic acknowledgment of receipt by email, which lists the Customer’s order again and can be printed using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the Seller ships or hands over the ordered product to the Customer within two days or confirms the shipment within two days with a second email, an explicit order confirmation, or the invoice.

3.4. If the Seller allows prepayment, the contract is concluded with the provision of the bank details and payment request. If payment is not received by the Seller within 10 calendar days after sending the order confirmation despite being due and after a reminder, the Seller shall withdraw from the contract, resulting in the order being void and the Seller being released from the obligation to deliver. The order is then considered settled without further consequences for both parties. Therefore, reservation of the item in case of prepayment lasts for a maximum of 10 calendar days.

4. Prices and Shipping Costs

4.1. All prices stated on the Seller’s website include the applicable statutory value-added tax.

4.2. In addition to the prices stated, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Customer on a separate information page and during the ordering process.

4.3. Shipping costs apply to every order. Shipping costs cannot be saved by combining multiple orders. Orders are shipped separately and cannot be combined. Combined shipping may only be possible upon prior request before an order and payment are made.

5. Delivery and Product Availability

5.1. If prepayment is agreed upon, delivery will take place after receipt of the invoice amount.

5.2. If not all ordered products are available, the Seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the Customer.

5.3. If delivery of the goods fails due to the Customer’s fault after three delivery attempts, the Seller may withdraw from the contract. Any payments made will be promptly refunded to the Customer.

5.4. If the ordered product is not available because the Seller was not supplied with this product by his supplier through no fault of his own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and may suggest the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive such a product, the Seller will promptly refund any consideration already paid. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

5.5. To ensure safer shipping of vinyl records, any cellophane wrapping (if present) will be opened, and the vinyl will be removed from the cover. This prevents the record from damaging the inner sleeve or cover during transport due to mishandling by the shipping carrier. All records remain “new and unplayed.”

6. Payment Terms

6.1. The Customer can choose from the available payment methods before completing the order process. Information about the available payment methods is provided on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with payment processing, such as PayPal, their general terms and conditions shall apply.

6.4. If the payment date is specified in the calendar, the Customer shall be in default by missing the deadline. In this case, the Customer shall pay the statutory default interest.

6.5. The obligation of the Customer to pay default interest does not exclude the assertion of further damages caused by the delay by the Seller.

6.6. The Customer is only entitled to offset if his counterclaims have been legally established or recognized by the Seller. The Customer may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.

7. Retention of Title

The delivered goods remain the property of the Seller until full payment has been made.

8. Warranty and Guarantee

8.1. The warranty shall be governed by the statutory provisions.

8.2. A guarantee exists for the goods delivered by the Seller only if expressly provided. Customers will be informed of the guarantee terms before initiating the order process.

9. Liability

9.1. The following exclusions and limitations of liability apply to the Seller’s liability for damages, without prejudice to other statutory requirements.

9.2. The Seller is liable without limitation if the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller is liable for slight negligence in the breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment enables the proper performance of the contract and on whose observance the Customer regularly relies. In this case, the Seller is only liable for the foreseeable, typical damage. The Seller is not liable for the slightly negligent breach of other obligations than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in cases of injury to life, body, or health, in the event of a defect after assuming a guarantee for the condition of the product, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Where the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.

10. Storage of Contract Text

10.1. The Customer can print the contract text before submitting the order to the Seller by using the print function of their browser in the final step of the order.

10.2. The Seller also sends the Customer an order confirmation with all order data to the email address provided. Together with the order confirmation, the Customer receives a copy of the Terms and Conditions, including the withdrawal policy, shipping cost information, and delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. We also store the contract text but do not make it accessible on the internet.

11. Data Protection

11.1. The Seller processes the Customer’s personal data for a specific purpose and in accordance with legal regulations.

11.2. The personal data provided for ordering goods (such as name, email address, address, payment details) are used by the Seller to fulfill and process the contract. These data are treated confidentially and are not disclosed to third parties not involved in the order, delivery, or payment process.

11.3. The Customer has the right to request information free of charge about the personal data stored about them. In addition, they have the right to correct inaccurate data, block, and delete their personal data, provided there is no legal obligation to retain such data.

11.4. Further information on the type, scope, location, and purpose of the collection, processing, and use of necessary personal data by the Seller can be found in the Privacy Policy.

12. Place of Jurisdiction, Applicable Law, Contract Language

12.1. The place of jurisdiction and performance is the Seller’s registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law.

12.2. The contract language is German.