General Terms and Conditions of the web portal usmrecordings.com, and in particular of the online shop operated by Michael Meimaroglou, Mihail Iliadi 12, 71409, Heraklion, Greece.
Scope
The General Terms and Conditions (hereinafter called “GTCs”) shall apply to all business relationships between usm recordings and the customer as defined at the time of conclusion of the contract.
Our GTCs shall apply exclusively. Conflicting conditions or conditions differing from the ones indicated in our GTCs cannot be accepted, unless explicitly approved of by usm recordings in writing in individual cases.
The term “customers” as used in our GTCs shall mean both, consumers and enterprises. The term “consumer” as defined in our GTCs is a natural person with whom we enter into business relation and who is thereby not deemed to be acting in a commercial or professional capacity.
The term “enterprise” as used in our GTCs is defined as natural person or legal entity or partnerships possessing legal personality with whom we enter into business relations with and who are thereby acting in a commercial or professional capacity. Moreover, enterprises are at liberty to order via our distribution service and special terms and conditions shall apply. Unless otherwise stipulated, these GTCs shall apply. For more information on special terms and conditions, please send an e-mail to hello@usmrecordings.com.
Service Provider
USM Recordings
Mihail Iliadi 12
71409, Heraklion, Greece
Tel. +30697364193
hello@usmrecordings.com
Value added tax identification number: EL132910392
Scope of Supply and Services
On the web portal usmrecordings.com usm recordings offers vinyl records, CDs, accessories, event tickets, clothing and merchandise (hereinafter called “goods”). The goods offered only show a part of our complete range of products. Upon request, we will provide you with additional information about our entire product portfolio and the latest arrivals. If you would like to subscribe to our e-mail newsletter at usmrecordings.com, we will regularly inform you free of charge about the latest news and arrivals. You can unsubscribe from our newsletter at any time without incurring additional costs other than the usual transmission costs at the basic rates using the “Unsubscribe from list” link provided in each newsletter, or via our website in the navigation bar under “Newsletter”. By clicking on the button “Unsubscribe from list”, you will be able to cancel your newsletter subscription. In our online shop, you can also order hard-copy tickets for our events. The tickets are non-personalized, but labelled with a unique serial number, which serves as a copy protection. In general, we do not issue exchanges or refunds after a ticket has been purchased, or for any lost tickets. We will issue refunds only if the event is cancelled. Resale of tickets for commercial purposes is prohibited. It is not allowed to bring any dangerous objects, or objects that might disturb the performance to the event. Audio/audio-visual recording devices, except cell phones, are not permitted. It is unlawful to operate audio-visual recording devices, including cell phones. In addition, the General Terms and Conditions of the local organizer and the domiciliary right of the location shall apply.
Payment Methods
Bank transfer (pre-payment)
If you have chosen the payment method “bank transfer”, no additional fees will be charged (within the EU). Upon receipt of your order, we will send you the order confirmation together with our bank details to your nominated e-mail address. Full payment is due within 14 days from the date of invoice to our bank account. If payment is not received within 14 days, your order will automatically be cancelled. Your order incl. invoice will be shipped as soon as the invoice amount has been credited to our account. In order to guarantee a smooth and fast transaction, we will ask you to consider the following points:
On the remittance slip, please state the complete order number as stated in the order confirmation in the “reference line”.
Please enter the correct invoice amount. Do not round up / off the amount, as we will not be able to immediately assign the amount to your payment, and a delay in dispatch may arise.
Please do not pay in partial amounts, as delays in the precise assignment of your remittance may arise, or we will not be able to process your order at all.
Please fill out one remittance slip for each order only. If you fail to do so, the invoice amount cannot clearly be assigned to and delays in dispatch may arise.
Pursuant to applicable law, charges in respect of cross-border payments in Euro to other EU Member States shall be the same as the charges for corresponding national payments. For non-Euro transactions, any charges and fees have to be paid by the customer.
Electronic direct debiting system
Payment can also be made by selecting the payment method “Electronic direct debit (ELV)” Please fill in your bank details in the relevant fields. By stating your bank details, you accept payment by electronic direct debit. Should your bank reject the direct debit, we will charge you with the fees involved in the return debit note (approx. 10 €). If you chose the direct debit payment method, no additional fees will be charged.
Credit Card
Should you like to pay by credit card, please fill in the necessary information and state the credit card security number given on the recto of your credit card (CVV, CVC, three figures). When payment is made by credit card, your credit card will be charged with the amount due. We accept Mastercard, Visa, American Express, JBC. After careful verification, we reserve the right to reject orders paid by credit card.
PayPal
For customers using PayPal as payment method, no fees or additional costs will be charged. PayPal offers a fast and safe way to make online payments. PayPal is an Internet bank where you have an Internet account. Choose the payment method in the PayPal window. Precondition for this is that you already have a PayPal account or that you open an account with PayPal. For more information, please check Paypal
Our PayPal account is info@micmei.gr
Pre-orders
Please note that we can only state the estimated shipping time for pre-ordered items. Shipping times are subject to change due to circumstances beyond our control (i.e. pressing faults, printing problems, delays in delivery of sub-contractors, etc). Combined shipping of both pre-ordered items AND regular items is possible. However, please note that items (pre-ordered and regular items) will only be shipped as soon as ALL items are available. If the cart contains regular items the customer needs immediately, a separate order has to be placed. Payment of pre-ordered items (and, where applicable, regular items) in the shopping cart is due upon receipt of your order. It is NOT POSSIBLE to CHANGE this type of combined order (on pre-ordered and regular items) in any way once it has been submitted – means that it is also not possible to add items to a pre-order afterwards.
Dual Delivery
With the purchase of vinyl and cd products, free downloads are included on selected items.
You will receive an e-mail with the link to download your product/s immediately if you choose one of the following payment methods: PayPal, credit card, Viva Payments. For payments via bank transfer, we will send you an e-mail with the link to download your product/s as soon as we have received your payment. With the purchase of ‚Pre-Order’ products, you will receive an e-mail with the link to download your product/s on the release date.
You can download the product/s for an unlimited period of time, but only as long as the product is displayed on our website; please note that you have 2 attempts to start the download; if the first download fails, you have one attempt left.
Retention of Title
Delivery is made exclusively on conditional sale. Delivered goods shall remain usm recordings’S property until full payment has been made by the consumer, or full payment of all claims has been made by the enterprise and according to the business relationship between the enterprise and usm recordings. For the duration of the retention of title, the customer may not pledge the retained goods or use them as security. The customer shall notify usm recordings forthwith of any seizure or other act of intervention by third parties.
In cases of breach of contract on the part of the customer, we shall be entitled to withdraw from the contract and to reclaim the goods.
As far as the customer is an enterprise, the customer is permitted to resell the conditional commodity in the ordinary course of business to third parties under reservation of ownership and under consideration of the due diligence of a responsible businessman; the customer, however, is obliged to point out that the commodity is located in the property of usm recordings (assigned retention of title). If the goods are resold prior to the receipt of the customer’s complete payment of all outstanding obligations, the customer’s claims resulting from such resale shall take the place of the goods by means of assignment of future claim. usm recordings accepts the assignment. Should – by means of the resale of the conditional goods to a third party – the customer raise accounts receivable through the utilisation of existing open account terms, the respective balance shall be considered ceded and assigned to usm recordings to the amount of the customer’s outstanding balance (extended retention of title under advance assignment). The customer is authorized, until revocation of such authorization, to collect upon claims arising from the resale that have been assigned. This authorization to make collection may be revoked by usm recordings if the customer fails to fulfil payment obligations or if our claims appear to be at risk. usm recordings is entitled to revoke the direct debit authorization without prior notice if the customer suspends payments or if application for the opening of insolvency proceedings has been made by the customer or by a third party. After revocation or expiry of the direct debit authorization, usm recordings is entitled and the customer in return obliged to inform the third party purchaser of the assignment of claims. The customer shall then stop the collection of any claims. Any incoming payments shall be forwarded immediately to usm recordings. Upon request, the customer shall inform usm recordings at any time and in writing of name and address of any third parties the goods were delivered to and provide usm recordings with information and documents necessary for the collection of the claims.
Processing and manufacturing of the goods by the customer shall always be in the name and on behalf of usm recordings. In the event of manufacturing or processing, usm recordings shall be entitled to the thereby originated co-ownership share of the new product in relation to the value of the delivered goods at the value of the processed product. The same shall apply if the goods are combined inseparably with other objects not belonging to us.
Withdrawal
Instructions for Consumers / Right of Withdrawal
The consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or in the case of a contract where multiple items have been ordered within one order, and the items will be shipped separately, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the last item of the entire order; or in the case of a contract where delivery of the goods takes place in staggered consignments or parts, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last consignment or item.
The right of withdrawal is excluded for delivery of tickets (in general) and for unsealed audio or video recordings. A product is considered to be unsealed if the protective film of the media was removed. To exercise your right of withdrawal, you have to inform us of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, by fax or e-mail). The withdrawal statement shall be sent to:
USM Recordings
Mihail Iliadi 12
71409, Heraklion, Greece
Tel. +30697364193
hello@usmrecordings.com
If you make use of this option, we will confirm receipt of such a withdrawal immediately (e.g. by e-mail). In order to ensure the withdrawal period, it is sufficient if you send the notification about exercising the right of withdrawal before the end of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we will refund you exclusively the value of the goods without shipping costs and the return shipping fee that you paid for the return without delay and no later than within 14 days from the day on which the notification has been received by us regarding your withdrawal from this agreement. All refunds are made using the same means of payment that were used in the original transaction, unless otherwise explicitly agreed with you; in any event, you will not be charged any surcharges due to this reimbursement. We may withhold reimbursement until the goods have been received back, or until you have supplied evidence that the goods have been returned, whichever is the earlier point of time. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us:
USM Recordings
Mihail Iliadi 12
71409, Heraklion, Greece
Tel. +30697364193
hello@usmrecordings.com
The deadline is met if you send back the goods before the period of withdrawal of 14 days has expired. You will bear the direct costs of returning the goods. You are only liable for a possible depreciation in value of the goods, if this depreciation in value can be traced back to you, with regard to the handling of the goods other than what is necessary, to ascertain the nature, properties and functioning of the goods.
Passing of Risk
The risk of any accidental loss or deterioration of the goods shall pass on to the customer upon transfer of the goods to a forwarding agent (carrier, shipping company) or any other person or institution charged with the shipping of the goods. In case of customers who are consumers, the risk in the goods shall pass on to the customer upon delivery. In case the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the goods shall pass on to the customer at the time the default of accepting delivery occurs.
Warranty
Liability for defects exists if the goods delivered are defect. As far as the customer is consumer, he has the right to choose between rectification of the defects or replacement delivery. If the rectification of defects and replacement delivery fail, the customer has to right to choose between abatement of the purchase price, or cancellation of the contract. If the customer is an enterprise, we reserve the right to choose between rectification of defects or replacement delivery. If the customer identifies damages to the packaging upon delivery, the customer shall have the damages confirmed in writing by the carrier. As far as the customer is an enterprise, the customer is obliged to report in writing any defects immediately, or in any case within 5 days at the latest, after inspection or upon receipt of goods at the place of destination. The defective item has to be returned to usm recordings carefully, and preferably in the original packaging for inspection. For private customers, the liability for defects of quality and title is limited to 24 months after receipt of goods; for enterprises, the liability for defects is limited to 12 months after receipt of goods. Access to goods offered by usm recordings shall temporarily be paused for maintenance works. For claims for indemnity due to defects, the chapter on liability shall apply.
Instructions for Use
The customer commits himself to observe the manual and instructions of use that may be included in the goods, in order to guarantee the correct and safe use of the goods. Any claims arising as a result of improper use or use for a purpose for which the goods are not intended to are excluded from warranty.
Liability
Our limitation to liability only applies if the cause of damage was an act of gross negligence or willful intent by usm recordings – regardless of reason. Liability claims arising from the laws concerning product liability (Product Liability Act) and from damages resulting from an injury of life, body or health remain untouched. The limitation of liability also does not apply to any other damages that are an act of willful intent or gross negligence, or usm recordings neglected essential business duties it has to take responsibility for; liability is then limited to predictable, contractual characteristics. The liability also applies to our legal representatives and vicarious agents. In case of slight negligent violation, liability claims will come under the statute of limitations after 12 months, except liability claims from damages resulting from an injury of life, body or health. On the Internet pages of the usm recordings web shop, you may find links leading to third parties’ websites. usm recordings has no influence on content or design of linked websites. Responsibility for content of linked sites lies solely on their administrator or provider. usm recordings does not assume any liability for external links, in particular for the up-to-dateness, correctness, completeness or quality of any information given on these websites. Before inserting the hyperlinks, usm recordings carefully checked contents and possible legal violations of these website. No unlawful content was in evidence at the time the hyperlink to that page was inserted. We will immediately remove these links as soon as we are aware of possible violations. However, ongoing monitoring of the content of the pages linked to is not reasonable. The content of our websites has been produced with the utmost care. However, usm recordings does not assume any further liability for the correctness and completeness of any information given on its internet sites. Neglect of Customer’s Duty and Release of Third Party Claims
If the customer is in breach of his duly disclosure of his personal data, in particular bank details and/or credit card information and/or if the customer uses the data other than the stipulated use and/or if he violates third party rights, usm recordings is entitled to block the customer for both, the ongoing and any further orders. usm recordings will immediately inform the customer about the reason of the blocking. Blocking is also possible in case of a probable cause of a breach of duty and/or a violation of third party rights.
In case well-founded third party claims may arise from the breaches of duty stated above and/or violations of third-party claims, usm recordings shall be exempt from these claims at first request, including adequate legal costs and costs incurred in asserting legal rights.
Data Privacy
Any data given by the customer will be treated in accordance with the applicable law and regulations. In the realm of the business relationship, the customer accepts that personal data is electronically processed and stored. Any data will not be passed on to third parties without your prior authorisation. For creditworthiness and rating check, usm recordings is entitled to data interchange with other credit service companies. The customer expressly authorises usm recordings to process customer data on to the companies entitled to deliver and settle the account for settlement of the contract. The customer accepts that the data processed by usm recordings (for example order confirmation) shall also be submitted by e-mail. The customer is entitled to get any information on the data stored at usm recordings at any time and if requested to have the data cleared. The customer can contact usm recordings on laden@usmrecordings.com
Miscellaneous and Final Provisions
The customer is obliged to notify usm recordings immediately about a change of address. If the customer fails to notify usm recordings about a change of address, the last notified address is considered the valid address.
The customer may only set off with indisputable claims or claims confirmed in writing by usm recordings. The right of retention can be exercised only if the counterclaim is based on the same contractual relationship.
Insofar as a jurisdiction agreement is legally allowed (shall only apply towards enterprises), place of jurisdiction shall be the place where usm recordings’s registered office is located at that time. Place of performance shall also be usm recordings’s current place where our registered office is located. This does not apply towards consumers where place of jurisdiction and place of performance shall be the consumer’s place of residence.
The laws of the Federal Republic of Germany shall be applied without collision or reference norms applicable in Private International Law and under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, the latter shall be applied as far as the customer is an enterprise. The Rules on the Choice of Law do not apply if the consumer protection legislation in the home country of the customer who is consumer, are more favourable.
Any amendments, changes and supplements to this agreement must be made in writing. The same is applicable to the in writing requirement issue itself.
If an individual provision of these GTCs is or becomes completely or partially invalid, the legal validity of the other terms remain unchanged. Any invalid part is to be replaced by a term or condition that serves the commercial purpose of the original most closely. The same shall apply to any lacunae.
usm recordings, Sept 2022
Events
1. The purchase of the ticket/invitation/wristband entitles its holder to attend the event listed on it, only on the first or even the second day, depending on the price paid if and as long as he accepts and abides by the terms of operation of the venue and holding the event. These conditions are hereby communicated to the person interested in purchasing the ticket and the holder must read them. If he does not accept the conditions, he must not buy the ticket/invitation/bracelet, if he does not buy it and decides accordingly that he does not wish to be bound by these conditions, he must not use the ticket to enter the event. Following this marking, the purchase of the ticket and in particular the subsequent use of the ticket and the holder’s entry into the event constitutes an action signifying the acceptance of the above conditions, which in this case is considered unconditional.
2. The ticket/invitation/wristband is valid for one entry only, is issued individually to a specific holder and is only valid if sold from an official point of sale. Exchange, resale and general trading of ticket/wristband is prohibited. Tickets/wristbands purchased for the purpose of business, commercial, advertising or other activity without the approval of the Organizers may be cancelled. All spectators must keep their wristband until the end of the event.
3. For the issuance of the ticket/invitation/wristband, which is a banking product – type of debit card, all legal procedures and all the rules of banking practice and security followed by the upper bank for the security of transactions, of protection of personal data and the consumer public. From the information provided to the above bank for the issuance of the ticket/wristband, the: name of the holder, ticket number and the contact information mentioned in the following condition 10. for organizational and practical reasons will also come to the knowledge of the Organizing Company “USM Recordings” , and the distinctive title “USM Recordings”, whose purpose is the organization of entertainment events, which is based at 12 Michail Iliadis, TK 71409, with TAX ID EL132910392, D.O.Y. Heraklion.
4. The ticket/invitation/wristband must be purchased by all spectators from specific sales points of the National Bank highlighted by the Organizing Company, as it is necessary for entering and exiting the venue as well as for the purchases that can be made spectators do inside the event venue.
5. The Organizers can prohibit the entry of persons who are under the influence of alcohol or drugs, carrying bottles or other dangerous or flammable objects even if they are ticket holders, while in the case of detection of criminal acts the competent authorities will be notified . It is also prohibited to carry and use audio-visual media in the event area (for video recording, photography, recording of the event or part of it). The ticket/wristband holder accepts the possibility that their personal belongings (bags, briefcases and bulky items) may be searched, within the framework of the above prohibitions, both upon entering the venue and during their stay there and until the end her.
6. The Organizers reserve the right to film and record audio images and photos related to the festival. The acceptance of the terms hereof, the purchase of the ticket, the use of the ticket and the entry into the event area constitute declarative actions of acceptance and consent, to the audiovisual filming and photography of the entire event and to the appearance of the spectator himself, as well as of the of minors whom he accompanies in the general photo shots and the video and film shots of the festival.
7. The Organizers bear no responsibility for arguments between spectators, for damage or loss of personal belongings of spectators at the event site. They also do not replace stolen or lost tickets, invitations, wristbands.
8. The public must comply with the instructions of the security staff and the representatives of the Organizers in matters of security. Crowd surfing is strictly prohibited for safety reasons.
9. Anyone who has not been recently examined by a doctor to know that they are healthy or knows that they are not healthy during the days of the event must refrain from participating for their own safety. The use of the ticket and entry into the event area constitutes an action indicating that the entrant knows that he is healthy, otherwise he enters at his own risk.
10. With the ticket/invitation/wristband each customer is required to provide a valid email address to which they will receive informational material about the event and also a valid mobile phone number to which they may need to receive emergency notifications via sms. The use of these data will be made only for the information needs regarding the organization of the event and only within this context. The customer may refuse to declare the above data or request the deletion of these data. In case of refusal or invalid information or deletion from our mailing lists, the organizers will not bear any responsibility for any incomplete information of the customer, while the customer himself must be informed at his own risk from the announcements and posts that will are published on the official website of the event. The e-mail addresses and mobile phone numbers that will be collected during the above procedure and with the consent of each customer will be kept in the Organizers’ files up to fifteen days after the end of the event. Customers will then receive a notification to delete the data with the option, if they wish to have their data remain in the Organizers’ files for a longer period of time in order to receive informational material for subsequent events.
11. In the event of postponement of the event due to force majeure that makes the event impossible or for organizational reasons, the Organizers reserve the right to change the date, time and venue, notifying the public through the Mass Media Update. In this case the tickets/invitations/wristbands are valid as they are and cannot be redeemed. The Organizers also reserve the right to change the program of the event.
12. In case of definitive cancellation of the event, the tickets/invitations/wristbands will be redeemed, within a certain time, from the points that will be announced with a relevant notice from the Mass Media. The spectator accepts that the Organizers have no obligation to compensate him, apart from the price of his ticket, for any other expenses of the cancellation of the event.
13. In case of interruption and cancellation of the event for reasons of force majeure, at least thirty-five (35) minutes after its start, it is considered complete and is not repeated. In this case, tickets/invitations/wristbands are not redeemable.
14. In the event that the performance of a group or individual artist is cancelled, the Organizer is not bound by assessments regarding the artistic value of the group (or individual) whose performance is cancelled.
15. The possession of this ticket/invitation/wristband does not entitle the holder to receive any additional free service, unless this has been announced.
16. Parts of the event may be videotaped/filmed/photographed. Members of the public appearing in them will have no claim against the company performing the videotaping/filming or the Organizers, and from any rebroadcast (television or non-television) of such material, for any reason (advertisement or non-advertisement). The audio-visual material of the event will be kept in the archive of the above-mentioned Organizing Company “USM Recordings”, as archival material and parts of it as an artistic creation, the copyright of which will belong to the company itself and its creators, in accordance with the provisions of relevant legislation.
17. Children under the age of five (5) are not allowed to enter.
18. The Organizers cannot be held responsible for any damage caused by the use of the product, in any form. End users are advised to be careful with phones, cameras, watches, etc., due to the fine dust to which the above items could be exposed and thereby damaged. Although the product is easy to wash, the product may stain light/white fabrics.
19. Based on the current weather conditions, the public must be equipped with a hat, sunglasses, make frequent use of sun cream and hydrate frequently.
20. Please note that your online purchases are made through the secure money transfer service Viva.gr & Paypal. Therefore, your credit or debit card details (name of the cardholder as it appears on the card, card number, ccv number and expiry date) will be registered by the company “PayPal (Europe) S.à.rl et Cie, SCA” with headquarters in Luxembourg, bld Royal no. 22-24, L- which is responsible for the security of your data.
21. USM Recordings ONLY keeps the user’s personal information for communicating with him (not credit or debit card information), for issuing and sending his tickets and if the user creates an account on the site (optionally, if the wishes, and upon his request) for informing him of any promotional and informational actions of the organizing company.
22. USM Recordings is not responsible for any injuries that may be caused during the event due to building technical failure.
23. USM Recordings reserves the right to remove people from the event area who may cause a problem to the operation of the event and to other participants. In such a case you do not get a refund of the price of the ticket/invitation/wristband.
Heraklion 01/25/2023