YAWA Recordings Shop
These conditions of use / general business conditions as amended shall apply for the order and the purchase of physical products like 12“-vinyl or CDs („Products“), for the order and the purchase of merchandising products („Merchandising“) and for the order, downloading and the purchase of music files („Downloads“) from the YAWA Recordings Shop ("YAWA Shop") by private customers ("customer"). Contract partner for the customer is in all and any cases the YAWA Recordings GmbH (registered office: Wilhelmshofallee 96a, 47800 Krefeld, Germany) whereas the customers confirms to have read and accepted the subceeding terms and conditions.
2. Offers, Qualities and Rights of Use for the Products, Merchandising and Downloads
Products, Merchandising and Downloads which are availbale for purchase and download in the YAWA Shop will be identified by marks on the respective websites. The necessary system requirements for downloading the files are posted as well on the website and should be read and observed by the customer prior to the downloading.
The Products (12“, CDs etc.) will be in unplayed, new condition and include all versions of the titel track as stated in the YAWA Shop.
Merchandising (like T-Shirts etc.) will be in unused, new condition and –in case of T-shirts- are available in the sizes as stated in the YAWA Shop. Special sizes have to be declared by mail with the YAWA Recordings GmbH before ordering the T-shirt. The agreement of the YAWA Recordings GmbH for a special sized T-shirt is necessary before ordering the T-shirt.
If no other information is given, downloadable audio files are availbable in the file format MP3. After downloading these files can be saved on the PC hard disc of the customer, burned on a CD-R and to export to a portable mp3 player for private use.
Products, Merchandising and Downloads stay property of YAWA Recordings Gmbh until full payment of the goods.
3. Purchase Products, Merchandising and Downloads
Prices will be regularly stated in Euro incl. the currently valid VAT-tax.
The customer can put Products, Merchandising and Downloads he likes to purchase into his shopping cart. The customer has to set up and open his personal user account („User Account“) with his first order and payment transaction. The User Account has to be set up only one time and is used by the customer with every other order / payment.
In order to secure safe and simple payment, the YAWA Shop uses the services of WorldPay and PayPal. Terms and conditions of payment will be agreed directly between WorldPay / PayPal and the customer.
After successful transaction the customer will be redirected to the shop. At the same time the customer will receive a confirmation e-mail for the successful order of Products, Merchandising and / or Downloads. This confirmation e-mail is also necessary in case of complaints.
After successful transaction the YAWA Shop will immediately send out the ordered Products / Merchandising by DHL / postal services. The YAWA Shop will pack the ordered items safely and shatter-proof.
In case of the order of a Download and the successful payment transaction for it, the YAWA Shop will provide the downloadlink in the User Account for 7 days, counted from the successful payent transaction for it. This link may also be used to repeat a download that failed (max. three times).
CAUTION: in some cases, YAWA Recordings GmbH has given the exclusive rights for downloading / releasing of specific YAWA-tracks to companies in foreign countries. Ordering these specific tracks from the YAWA Shop is not possible for customers in these territories. The Customer will receive a notification and the ordering process will be cancelled immediately.
4. Rights of use
All and any rights of use are strictly restricted to forms of private use only and pursuant to the regular terms of the currently applicable German Copyright Law. Any exceeding form of use is strictly excluded and prohibited.
All rights of use are subject to the full and entire payment pursuant to the regulations as set forth herein.
CAUTION: All music files offered are protected by national and international laws and agreements. Any infringement will be punished by law. The downloading of music files is for private and non-commercial purposes only. Strictly prohibited are the adaptation, multiplication, duplication exceeding the rights of use as granted herein, the public performance, the public broadcast, other distributions, especially by e-mail, FTP, peer to peer networks or comparable services. Without limitation these prohibitions are also applicable if the customer is acting non-commercially or non professionally. No additional rights are confered to the customer, especially no author or other industrial property right, no trade mark rights and name rights etc. - also in terms of the fotos and cover-artwork.
Any responsibility or liability of the YAWA Shop is limited to the purchase price of the respective Product, Merchandising or Download, except for careless or willful acting.
The YAWA Shop shall not be liable for Products or Merchandising that are clearly and veritably damaged by careless transportation.
The YAWA Shop shall not be reliable for Products or Merchandising that can’t be delivered due to wrong or incomplete data in the User Account. Customer shall be reliable for all costs resulting from these wrong information.
The YAWA Shop shall not be liable for any data loss or hardware errors which may occur due to incompabilities of data components on customers computer systems or due to the use software indispensable to play the music files, for system errors, which occur due to wrong configurations, faults of apllication or older not completely deinstalled drivers.
6. Refund policy
Products and Merchandising can be returned without stating a reason within 14 days. Please return by sending the items back with postal services; make sure to send them back afe and tracable. The 14 days time limit starts with the customer receiving the items and not before receiving of this instruction. Returning the ordered items in time is the best way for customer to fullfill his / her refund right. The returned itmes have to be sent to:
YAWA Recordings GmbH
D – 47800 Krefeld
With an effective return, the YAWA shop and customer have to return all benefits from the purchase of the items and their use. If customer can return these benefits partly not or only in bad condition, customer has to compensate the damage.
All sales of Downloads are final. The delivery of the Download by the YAWA shop starts with customer’s downloading of the purchased track(s). Customer is not allowed to cancel or return the Download after starting the delivery.
7. Customer data
The customer knows and accepts that his personal data will be saved in electronic formats in order to survey and observe the accounting and for statistic as well as for the survey of these conditions of use by the YAWA Shop and their authorized providers. The use and transfer of the data for other purposes is not allowed. The YAWA Shop and their providers are bound to attent the data protection rules.
The customer has to take care for the correctness and completeness of his personal data for the registration. Changes and modifications of the personal data will be submitted to the YAWA Shop and the customer will directly adjust his details by using the online-administration in the shop system.
8. Other conditions
If any of these appointments is invalid, all other appointments will not touched. Instead of the invalid appointment there will be the one that is most similar to the invalid one. All changes concerning the terms and conditions need to be sent in written form.
The contractual relationship shall be governed by the Law of the Federal Republic of Germany. Place of executuion shall be Erkelenz. Place of jurisdiction shall be - if permitted - the high courts of Erkelenz.
Krefeld, den 1.8.2010