Terms and Conditions
General Terms and Conditions ("T&Cs") of MERCHCOWBOY Online Shops operated by:
MERCHCOWBOY GmbH & Co. KG
(hereinafter referred to as: "MERCHCOWBOY / MERCHCOWBOY Online Shops").
Art. 1 General information, services offered and goods, clients and newsletter
- MERCHCOWBOY operates sales platforms in the form of online shops under the domains merchcowboy.com and merchandmusic.de. MERCHCOWBOY offers to clients at the aforementioned domains products with names, images and other promotionally effective identifiers of an artist/music group, (image) sound recordings in the form of data carriers as well as concert tickets (digital tickets and hard tickets) for purchase on the internet (hereinafter collectively referred to as: "merchandising products" or "merchandise"). Only goods, including tickets, are offered for sale at http://merchandmusic.de. At http://www.merchcowboy.com, the client also has the option of visiting our sales shops, designed in collaboration with our business partners, within the framework of what are known as "shop-in shop systems" (hereinafter referred to as: "satellite shops"). By way of clarification, it is noted that any provisions mentioned in the "satellite shops" that deviate from these T&Cs shall not apply. The general terms and conditions below apply to both sales platforms of MERCHCOWBOY.
- Clients within the meaning of our T&Cs are both consumers and business entities. Consumers within the meaning of our T&Cs are natural persons with whom a business relationship is entered into and who are not practising commercial or self-employed professional activity. Business entities within the meaning of our T&Cs are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who are practising commercial or self-employed professional activity.
- If you sign up for our "Newsletter" at merchandmusic.de, you will be informed monthly about news, specials, offers and price reductions. You can unsubscribe from this newsletter at any time without incurring any costs other than the basic-rate transmission costs. You will find an unsubscribe function for this in each newsletter.
Art. 2 Scope of validity of the T&Cs, ticket sales, contract partners
- The respective version of these T&Cs current at the time when the contract is concluded apply to all business relationships between MERCHCOWBOY and the client.
- Any terms and conditions of the client that are contrary to or deviate from our terms and conditions shall not be recognised unless MERCHCOWBOY has agreed to them in writing in an individual case.
- MERCHCOWBOY is commissioned and authorised by concert organisers (hereinafter referred to as: "organisers") to broker on their behalf the contract for attendance at the event by selling tickets (Print@Home & hard tickets). MERCHCOWBOY is entitled to collect the entry fee on behalf of another party, for the account of the organiser and to pass it on to the organiser. This is shown accordingly on the invoice e-mailed to the client: "Invoice sender notice: Merchcowboy GmbH & Co. KG acts as an intermediary for the organisers with respect to ticket sales. The company sells tickets on behalf of another party and for the account of another party. The contract partner is the respective organiser." The tickets can be personalised or non-personalised bearer tickets. If a ticket is issued exclusively on a personalised basis, it is a strict rule that only the person whose name appears on the ticket may demand the right to enter the event. When purchasing multiple personalised tickets, the purchasing client guarantees that he/she is authorised to purchase tickets for the third parties and undertakes to state his/her first and last name truthfully. The third parties are then granted a right to attend the event on the basis of the purchase contract (= contract for the benefit of third parties). Print@Home tickets are sent to the client's stated e-mail address in the form of PDF file(s) following completion of the successful order process. In order for the ticket to be displayed and printed out, the client requires the "Acrobat Reader by Adobe" programme in addition to an Internet-capable terminal device. Updates and acceptance of licence conditions of the aforementioned provider may be required. Lost tickets will not be replaced. There is no entitlement to the return of tickets (see also the revocation provisions under Art. 9 for distance selling transactions), unless the event is cancelled. The client is requested to check immediately before the event whether the event will take place as planned. Following a cancellation, we will publish in our shops the name of the party to whom tickets can be returned. The ticket entitles the holder to access the designated event vis-à-vis the specified local organiser (see the special provisions above relating to personalised tickets). The commercial resale of tickets is prohibited. Dangerous objects and jamming equipment may not be brought to the event. With the exception of mobile phones, recording devices suitable for sound/image recording are not permitted. Under no circumstances may recording devices, including mobile phones, be used for recording. The general terms and conditions of the local organiser and the house rules of the venue shall also apply. This may give rise to special provisions, in particular relating ticket resale.
- The contract partner for our merchandising goods, with the exception of tickets, is
MERCHCOWBOY GmbH & Co. KG
Commercial Register: Amtsgericht Münster, A9531
Represented by the personally liable partner
Merchcowboy Verwaltung GmbH
Commercial Register: Amtsgericht Münster, 14183
Managing Directors: Carsten Ehlich, Tobias Richter
VAT ID: DE288075551
Service times: Monday - Friday (except public holidays): 9 a.m. - 4 p.m.
The respective organisers are the contract partners for the tickets. We handle the purchase contract as an intermediary on behalf of the organisers, and do not become a contract partner ourselves.
Art. 3 Order process and conclusion of contract
In the first ordering step, you can log in via the "User account" button at the top right of the page by entering your e-mail address and the password you have chosen for previous orders. Your stated name will then appear, and you can access your account. Otherwise, you can register later in the ordering process.
1. Ordering goods
a. The presentation of the range of goods in the MERCHCOWBOY online shops does not constitute an offer within the meaning of Art. 145 of the German Commercial Code (BGB). The essential characteristics of the respective goods can be found along with the product itself or listed under Description / Further information. You are welcome to send us more questions about the goods. The offer is subject to change and non-binding.
b. The goods that you select are placed in the shopping cart. Once you have chosen an item, you can order it. You will be guided step by step through the ordering process. To do this, you complete the following steps: "How would you like to checkout", (as a guest or registration), billing address, delivery address, shipping method, payment information, and finally you will once again see an order overview with the possibility of making corrections. In the first ordering step, you can log in by entering your e-mail address and the password you have chosen for previous orders. To complete the order process, you need to click on the "Order and pay now" button. You are responsible for ensuring that your entered personal details are correct. If the client is not yet 18 years old, the consent of their legal guardian(s) is required for ordering the goods. Mandatory details in the order process are identified as such.
c. After placing your order, you will receive an order confirmation on the website and by e-mail. This automatic order confirmation on the website and by e-mail contains a list of your order and, in the case of the e-mail, a file attachment of our T&Cs along with the cancellation policy in text form. This order confirmation does not yet constitute a declaration of order acceptance, as we must first check the order. Please check the confirmation for obvious spelling and calculation errors, as well as for discrepancies between the order, confirmation and delivery. Please notify us immediately of any such discrepancies. When goods are ordered, MERCHCOWBOY is entitled to accept your offer within 1 week. The purchase contract is concluded with the invoice, but no later than when we accept your order by delivering the goods for sale or by notifying you of the delivery within the specified delivery period. In the case of an ordered Print@Home ticket, you will receive the ticket as a PDF file immediately after completing the order process.
2. Acknowledgement of the T&Cs, submission of an offer
Before you send your order or place an order for goods for sale according to the client's specifications, you must confirm that you have had the opportunity to take note of our T&Cs and the cancellation policy, or to download or print out our T&Cs. By submitting an order to the MERCHCOWBOY online shops within the framework of the ordering process, you are making an offer within the meaning of Art. 145 ff of the German Commercial Code (BGB) on the conclusion of a purchase contract with the MERCHCOWBOY online shops.
3. Acceptance, refusal of acceptance
Furthermore, in the respective individual case and if the order exceeds a certain number of merchandising products (incl. tickets), we reserve the right not to accept the order so as to avoid large quantities of goods being purchased from us and then resold. Payments already received will be refunded as soon as possible, at the latest within 14 days of our becoming aware.
4. Reservation of delivery
The client shall be informed immediately if the ordered goods are unavailable. Any payment already received shall be refunded as soon as possible in accordance with Art. 3 No. 3. Conclusion of the contract is subject to the proviso that we are supplied properly and on time, unless we are ourselves responsible for the improper or late delivery.
Art. 4 Price components and terms of payment, payment methods, due date, invoice
- All prices quoted in the MERCHCOWBOY online shops include the respective statutory rate of VAT and packaging costs. You will find all price components summarised again immediately before the order button and thus before placing the order. Furthermore, all product prices are exclusive of shipping costs, unless the following additional text appears as part of our special offers: "incl.(uding) shipping costs". An overview of the shipping costs can be seen by clicking on the link in the form of a button located directly beside the goods or the button at the bottom left of the website. The prices at the time of the client's order apply. The period for which time-limited offers apply is displayed at the appropriate points during the ordering process; these prices are valid while stocks last.
- The purchase price becomes payable upon conclusion of the contract. Payments are processed through the service companies "Payone" and "Concardis" that we use. The client can pay by advance payment, PayPal, credit card, instant transfer and Giropay. Our PayPal account is: email@example.com. A discount may only be deducted if written permission has been given for this.
- As a matter of principle, we only dispatch goods following "advance payment", i.e. we require receipt of payment for the goods plus shipping costs before we dispatch the goods. If we have not received payment within 5 working days of receiving your order, your order will be cancelled.
- You will receive via e-mail a detailed invoice with VAT for each delivery of goods. This invoice also serves as proof of purchase or order and should therefore be kept in a safe place.
- The client also has an obligation to pay for orders placed by minors or other users that have been placed via his/her internet access. This shall also apply in the event of misuse, unless the client can prove that he/she is not at fault.
Art. 5 Shipping and packaging costs, insured shipping
- You will be informed of the exact shipping costs as part of the ordering process before you complete your order. Please also compare Art. 4 No. 1
- Our shipping partner within Germany, in the EU and outside the EU is DHL. As sustainability and climate neutrality are important goals for us, we use and support the "GoGreen" campaign. Our national goods shipments are insured up to €500, and beyond that you can also track our shipment. In the case of shipments to countries outside the EU, the client shall pay all customs duties as well as any export and import fees that may be payable.
- Packaging shall become the property of the client upon receipt of the goods. Here we make sure that packaging is "reusable" wherever possible.
Art. 6 Delivery / delivery period / delayed delivery / fixed dates / part deliveries / transfer of risk / storage
- Print@Home tickets are available for immediate download. Goods that we have in stock are dispatched to the client within a maximum of 10 working days. As we also ship outside the EU, the above information is a maximum period. Otherwise we dispatch our goods within 3-4 working days. You will find the specific delivery period within the framework of your order process and before submitting the order. Our clients can also order goods in advance ("Preorder"). This is the case if releases are scheduled for a certain date and goods can therefore only be ordered from this date (e.g. CD, ticket). Naturally, the delivery period for preorders can only commence and be calculated from the time shown there. If the preorder also includes other items, for sustainability reasons we will only ship all items together when the preorder can be shipped. The client is notified of this during the ordering process. The preorder must therefore be placed separately if the client wishes to have the other items sent earlier. The period for delivery will commence upon issue of the remittance order to the paying bank or, in the case of other payment methods, on the day after conclusion of the contract, and will end at midnight of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a general, officially recognised public holiday (bank holiday) at the place of delivery, the next working day shall count as the last day of the period.
- In case of non-compliance with the delivery period, the client shall grant MERCHCOWBOY a reasonable grace period for delivery, which shall be no less than 3 weeks. After expiry of this deadline, the client shall be entitled to withdraw from the contract. In some cases we are dependent on third-party supplies, e.g. when vinyl records are produced in the pressing plant. In such cases, delays might occur for which we are not responsible, and we shall then offer the client the option of withdrawing from the contract in accordance with the aforementioned provisions.
- Part-deliveries are allowed. For clients who are consumers, partial deliveries must be acceptable. If an order also contains preorder items, the client shall not be entitled to part-delivery with regard to the other items, see also Art. 6 No. 1. If you are not interested in a part-delivery, do not open the goods any further until the rest of the delivery has arrived. If you have opened the goods further, you might have to bear the resulting loss in value in the event of withdrawal following expiry of the withdrawal period. In the case of part-deliveries, we shall bear the additional shipping costs incurred for part-deliveries.
- The risk of accidental loss and accidental deterioration shall pass to the client when we have delivered the purchased goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. However, if the client is a consumer, the risk of accidental loss and accidental deterioration shall not pass to the client until the goods are handed over to the client. The risk shall in any case pass to the client when the delay begins.
- If the client is in default of acceptance or if delivery is delayed due to other circumstances for which the client is responsible, the client shall bear any additional costs, in particular renewed shipping costs (the new delivery shall only be made after receipt of payment of the renewed shipping costs) and, if applicable, storage costs for warehousing.
Art. 7 Retention of title
- All deliveries (with the exception of tickets which we ourselves receive as agency goods and to which the organisers retain title) are made exclusively subject to retention of title. In the case of consumers, the delivered goods shall remain the property of MERCHCOWBOY until the purchase price has been paid in full, and in the case of business entities it shall remain so until all claims of MERCHCOWBOY arising from the business relationship with said business entities have been settled. The client is prohibited from pledging or assigning the reserved goods as security. The client must inform us immediately of any seizures or other encumbering dispositions by third parties.
- In the event of a breach of contract by the client, we shall be entitled (but not obligated) to withdraw from the contract and to demand the return of the goods.
- The client who is a business entity may sell the delivered goods in the ordinary course of business before the goods have been paid for in full. In this case, however, the client shall be obliged to disclose MERCHCOWBOY's ownership to the his/her customers (passed-on retention of title). Furthermore, the client hereby assigns to MERCHCOWBOY these claims from the resale together with all ancillary rights and securities until all claims MERCHCOWBOY is entitled to against client have been settled. We accept the assignment. If the claim from the resale is set in a current account relationship between the client and the his/her customer, this assignment of security shall extend to the balance claims in the same amount (extended Retention of title with advance assignment). The client may collect the assigned claims as long as MERCHCOWBOY does not revoke this authorisation. MERCHCOWBOY shall be entitled to revoke if the secured claims are jeopardised, in particular if the buyer is in default of payment. The direct debit authorisation shall expire automatically at the time when the buyer ceases to make payments or if an application for the opening of insolvency proceedings is filed by the buyer or by a third party in respect of the buyer's assets. Following revocation or expiry of the direct debit authorisation, MERCHCOWBOY shall be entitled and the client shall be obliged to notify the buyer of the assignment of the claim. The client shall then refrain from any collection and shall then immediately forward to MERCHCOWBOY any amounts still received. On request, client shall at any time inform MERCHCOWBOY in writing as to whom the client resold the delivered goods, and shall pass on all information and documents relating to the assigned claims.
Art. 8 Instructions on use
The client undertakes to follow the operating instructions and instructions for use (if any) enclosed with the merchandising products in order to ensure their proper and safe use. Please wash printed fabrics at max, 30°C with mild detergent and turned inside out. Otherwise, please refer to the labelling of the respective fabrics. Improper use or use not in accordance with the intended purpose shall void claims for defects if the defect is caused by such use or improper use.
Art. 9 Cancellation
MERCHCOWBOY grants the client, who is also a consumer, the statutory right of cancellation in distance selling (in accordance with Annex 1 to Article 246a Art. 1 Paragraph 2 Clause 2 of the Introductory Law to the German Civil Code (EGBGB):
Cancellation policy/ Right of cancellation
You have the right to cancel this contract within fourteen days without stating on. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier and named by you have taken possession of the goods or, in the case of a contract covering several goods ordered by the consumer as part of a single order and delivered separately, the day on which you or a third party other than the carrier and named by you have taken possession of the last of the goods, or, in the case of a contract for the supply of goods in several part-deliveries or units, the date on which you or a third party other than the carrier and named by you took possession of the last part-delivery or unit.
The right of cancellation is excluded in the case of contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or specification by the consumer is decisive or which are clearly tailored or customised to the consumer's personal needs, as well as in the case of contracts for the supply of audio or video recordings or computer software contained in a sealed wrapping if the seal is broken after delivery. Unsealing is deemed to have occurred if the protective film of data carriers bears a corresponding indication that opening the protective film shall be regarded as such unsealing. Furthermore, the right of cancellation is excluded for contracts pertaining to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed following delivery. Finally, your right of cancellation is excluded in the case of contracts pertaining to the provision of non-residential accommodation services, carriage of goods, motor vehicle hire, the supply of food and drink and the provision of other services related to leisure activities if the contract provides for a specific date or period for the provision (e.g. tickets).
In order to exercise your right of cancellation, you must inform us:
MERCHCOWBOY GmbH & Co. KG
by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to cancel this contract. For this you can use the attached sample cancellation form, although this is not mandatory. If you make use of this option for a cancellation of this type, we will send you immediate confirmation that we have received your cancellation (e.g. by e-mail).
In order to comply with the cancellation period, it is sufficient that you send the notification that you are exercising your right of cancellation before the end of the cancellation period.
Consequences of cancellation:
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, and in no case will you be charged for this repayment. It is hereby agreed that we may choose another method of repayment if this does not incur any additional costs for you. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us at:
MERCHCOWBOY GmbH & Co. KG
immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is deemed to have been met if you dispatch the goods before the fourteen-day period expires. You bear the direct costs of returning the goods. You must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary in order to check the quality, characteristics and functioning of the goods.
Art. 10 Voluntary right of return for goods from "Merch & Music" and "satellite shops" / right to claim for defects
- We grant our clients who order merchandising products in our online shop "Merch & Music" as well as in our "satellite shops" a voluntary right of return on goods that are not liked, do not fit etc. for a total of 30 days, calculated from receipt of the goods. This is in addition to the statutory right to claim for defects as well as a consumer's right of cancellation in distance selling (both remain expressly unaffected by the voluntary right of return). Until expiry of the deadline for the statutory right of cancellation, only the conditions listed there apply. The voluntary right of return expressly does not apply to purchased tickets. However, a prerequisite for exercising the voluntary right of return is that the goods are returned to us in their original condition, undamaged and in the original sales packaging. We request that these goods be returned to us within 30 days of receipt (timely dispatch is sufficient):
MERCHCOWBOY GmbH & Co. KG
Please use our return slip, which you can download [here] free of charge. For the refund we will use the same means of payment that you used for the original transaction, unless we choose a different method of return and there is no additional cost to you via this different method.We only accept returned goods if they are sent "carriage paid".
- If the delivered goods are defective, the client who is a consumer may, at his/her discretion, demand rectification of the defect (repair) or replacement delivery. If the repair or replacement delivery fails, the client shall be entitled to demand a reduction of the purchase price or to withdraw from the contract at his/her discretion. If the client is a business entity, we reserve the right to choose the type of rectification in the event of a defect.
- Damage to the packaging must be confirmed by the client in writing when accepting the goods from the transport company (no legal obligation). The client who is a business entity undertakes to notify MERCHCOWBOY in writing of this defect immediately following inspection or receipt of the goods at the destination - but no later than 5 days following inspection or receipt. If a hidden defect is involved that was not recognisable at the time of delivery, the written notification must be made immediately following discovery, but at the latest within 5 days following discovery. The defective item must be carefully sent to us for inspection and, if possible, in its original packaging (no legal obligation).
- All images used for the online merchandise presentation of MERCHCOWBOY online shops are only example photos. They are for illustration purposes only, and do not represent the respective product true-to-life in every case. The description of the products is definitive.
- The warranty period for clients who are consumers is 2 years from receipt of the goods, and for business entities it is 1 year from receipt of the goods.
Art. 11 Liability
- Regardless of the legal grounds, our liability for damages is limited to intent and gross negligence. This does not apply to damage arising from fatality, physical injury or damage to health that is attributable to an intentional or negligent breach of duty on our part or to claims under the Product Liability Act. The limitations of liability shall also not apply to other damages arising from our culpable breach of essential contractual obligations; in the latter case, however, liability shall be limited to the damages typically foreseeable at the time of conclusion of the contract. We are also liable for our legal representatives and vicarious agents.
- Claims of business entities shall become statute-barred within one year, commencing with the origination of the claim, unless the damage arises from on death, physical injury or the health of the client, in which case the limitation period cannot be shortened.
Art. 12 Data protection
- The data provided to us by users of our websites is handled in accordance with the legal provisions. For more details, go to our start page under the heading: "Data protection". Data will only be passed on to third parties with your explicit consent.
- Every client has the right to request information about the data stored about him/her by the merchcowboy.com and merchandmusic.de sales platforms at any time and, if necessary, to have it deleted. The MERCHCOWBOY online shops are available to the client for this purpose at firstname.lastname@example.org
Art. 13 Consumer arbitration body
Opportunity for online dispute resolution under EU Regulation No. 524/2013
The EU Commission has made an internet platform for online dispute resolution publicly available under the link: http://ec.europa.eu/consumers/odr/. This ODR platform is intended as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts.
We are not willing to participate in dispute resolution proceedings before a consumer arbitration body. We are also under no obligation to do so.
Art. 14 Contract language, saving the contract text
- The contract language is German.
- We do not save the contract text.
Art. 15 Miscellaneous / final provisions
- The client undertakes to notify MERCHCOWBOY immediately of any change to their address. As long as the client cannot prove to have submitted such a notification, the address known until then shall be deemed to be the client's still-valid address.
- As a business entity, you only have the right to offset if your counter-claims have been legally established or we have confirmed them in writing. Exercising a right of retention is only possible if the counter-claim is based on the same contractual relationship.
- Subsidiary agreements, amendments and supplements in business transactions must be made in writing. This also applies to changing the written form requirement itself.
- The law of the Federal Republic of Germany shall apply without the reference norms of international private law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods, the latter insofar as the client is a business entity. The choice-of-law clause does not apply if specific consumer rules are more favourable in the home country of the client who is a consumer.
- Insofar as an agreement on the place of jurisdiction is exclusively permissible in business transactions, the place of jurisdiction shall be at the respective current domicile of MERCHCOWBOY. The place of fulfilment is also the current domicile of MERCHCOWBOY. This does not apply to our client who is a consumer, for whom the place of fulfilment is the client's place of residence or the place of delivery designated by the client.
- If individual provisions of these T&Cs are or become invalid, this shall not affect the legal validity of the remaining provisions. The same applies to any loopholes in the contract.
Münster, August 2021
The cancellation form was drawn up based on the official information on Article 246 a Art. 1 Para. 2 Clause 1 No. 1 of the Introductory Law to the German Civil Code (EGBGB):
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to:)
MERCHCOWBOY GmbH & Co. KG
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
-Ordered on (*)/received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date _______________
(*) Delete as applicable.