TERMS AND CONDITIONS

The owner of this website is MFS Berlin whose address is Hauptstraße 117, 10827 Berlin, Germany.

Your contract for purchases made through the Site is with MFS Berlin, and you undertake that any and all goods ordered by you are for your own private and domestic use only.

Minors under 18 years old can only use our services with the prior consent of their parents or guardians. A minor must refrain from buying or selling items that are restricted to adults (e.g.: 18 certificate CDs or DVDs).

No contract for the sale of our product will subsist between you and MFS Berlin until MFS Berlin confirms that the product(s) have been paid for and dispatched to you by a confirmation email. This confirmation e-mail amounts to an acceptance by MFS Berlin of your offer to buy goods from MFS Berlin.

You must have a unique email address to use our site. You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.

This confirmatory e-mail will contain all relevant statutory information concerning your contract. The confirmatory e-mail will also contain a link to these terms and conditions and may be amended from time to time. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.

It is your responsibility to ensure you are able to receive e-mails from MFS Berlin. We recommend you add MFS Berlin to your ‘safe sender’ list, and check that your online security software does not block e-mails from us. In the unlikely event you do have any difficulty receiving email from us please advise your Internet Service Provider who should be able to assist you further.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the International Data Protection Act 1998.

You undertake that all details you provide to MFS Berlin for the purpose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

All purchases are non-transferable.

RIGHT TO CANCEL

1. Based on the German Civil Code (BGB) Section 312g Right of withdrawal, in the case of off-premises contracts and of distance contracts, the consumer has a right of withdrawal pursuant to section 355. (2) Unless otherwise agreed by the parties, the right of withdrawal shall not exist for the following contracts: 6. contracts for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery.

2. You may cancel the contract at any time but no later than 7 working days after the day you have purchased the product by sending the notice of cancellation; by email ensuring that you quote your name, address and order reference number; or where you have already received the goods, following our returns authorisation procedure; by contacting MFS Berlin by email. This will be deemed a cancellation of the contract. Received goods must be returned unopened within 7 working days of your cancellation. Please wrap the item securely and include the original invoice along with your returns authorisation number. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.

3. We will refund your payment once we have received and processed the item as soon as possible and in any event within 28 days of notice of cancellation. You will be liable for any charges incurred in returning the goods to MFS Berlin or if you fail to return goods you will be liable for any charges incurred in relation to attempts to collect the goods.

DAMAGED, DEFECTIVE, INCORRECTLY SENT ITEMS

4. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, MFS Berlin shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question. Please follow our returns authorisation procedure by contacting MFS Berlin by email. We will email you a return authorisation number along with details on how and where to send your item. Please notify MFS Berlin of the problem in writing as soon as possible and preferably within 28 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

5. Test of returned faulty items: We test every single return. If a returned item is found NOT to be faulty by our independent test centre we will return the item to you and you will be liable for the postage. We advise you to check any DVD or CD on a second machine and to check it carefully before returning it. We will not refund postage for items found to be in good working order. We are not responsible for incompatibilities caused by CD or DVD players that are old or have been modified to disable regional encoding.

LIABILITY

6. This section applies only to the extent permitted by law. For the avoidance of doubt, MFS Berlin do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from MFS Berlin negligence or wilful default.

7. MFS Berlin does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. MFS Berlin will do its best to correct errors and omissions as quickly as practicable after being notified of them.

8. To the fullest extent permitted by law, MFS Berlin is providing this site and its contents on an ‘as is’ basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, MFS Berlin does not represent or warrant that the information accessible via this site is accurate, complete or current.

9. You and MFS Berlin will only be liable under these Terms for losses that are a reasonably foreseeable consequence of the relevant breach of contract.

10. The products sold on the Site are not for resale or distribution. Customers are limited to a purchase of 10 units of this product. We reserve the right to suspend accounts where we believe products are being ordered in breach of this Term. MFS Berlin does not accept liability for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from MFS Berlin when not using the products in accordance with these Terms and Conditions.

PROCESSING OF ORDERS

Shipping and payment

11. MFS Berlin debits credit and debit cards on the day of shipping. All final prices include sales taxes (where applicable) unless otherwise stated and postage, packaging and shipping. Processing of pre-orders may begin earlier than the release date to ensure that orders can be shipped to you in time for the release date.

12. Every purchase you make shall be deemed as being performed in Germany. German law shall govern every aspect of contractual agreement concerning purchases made from the Site.

13. MFS Berlin aims to arrange shipment of all ‘in stock’ items within 3 working days of receiving your order. Your order may be delayed if the item is not in stock or we are experiencing a high volume of orders. MFS Berlin are not able to supply dates our suppliers may get an item in stock, please check on our Site for the latest update.

DELIVERY, TITLE, RISK

14. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation.

15. If your delivery address is outside of Germany, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; MFS Berlin advises each customer to contact their local customs office for further information.

16. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

17. Delivery times are approximate and could change due to the shipping companies. Any losses after the item has been dispatched from MFS Berlin must be reported to us.

18. For deliveries before the UK or German bank holiday, we recommend that you order in advance. For Christmas deliveries, we recommend that you order by the 18th December. During holiday periods, we will endeavour to dispatch all ‘in stock’ orders within 3 working days, however, we cannot guarantee delivery as the post may be delayed in your area.

MISCELLANEOUS

19. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

20. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

21. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

22. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

23. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

24. Subject to the licence granted to you to use the Site, MFS Berlin reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of MFS Berlin and its affiliates’ trademarks, trade and business names and service marks under this Agreement will vest in MFS Berlin and its affiliates, as appropriate.

25. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. MFS Berlin uses PayPal who will track the electronic ‘fingerprints’ of every order placed through MFS Berlin to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

26. If you fail to make any payment to us when due or you breach the terms of this Agreement (repeatedly or otherwise); when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you or your identity; or we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

27. MFS Berlin may amend these Terms from time to time, and place the new version on the Site without prior notification. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users 30 working days following posting of the amended version on the Site. Your continued use of the Site following MFS Berlin’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

28. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between MFS Berlin and you relating to your purchase. MFS Berlin advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by MFS Berlin. We will store a copy of the contract entered into by you with MFS Berlin. You are advised to read (and are responsible for reading) fully all information on this website and your acceptance of our terms and conditions are confirmed by activating ie clicking on the I AGREE button of acceptance.

29. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

30. These Terms are subject to the laws and exclusive jurisdiction of The Federal Republic of Germany and law courts of Berlin.

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