Terms & Conditions
Terms & Conditions
APPLICABLE TERMS
The following General Terms and Conditions of Sale govern the offer and sale of products on this web site (https://5-seconds-of-summer-store.myshopify.com/). The products purchased on https://5-seconds-of-summer-store.myshopify.com/ are directly sold by BSI Merch UG (haftungsbeschränkt).
The company is registered at the Trade register at the local court of Charlottenburg (Berlin) with the legal form of Enterprise company (with limited liability) (number HRB 232304 B). VAT no. DE293214780. BSI Merch UG (haftungsbeschränkt) registered office in Berlin is located Tor D, Egelingzeile 6, 12103. (hereinafter referred to as “BSI Merch” or "the Vendor" or "We" or "Us").
We may vary these terms and conditions from time to time at our discretion.
FORMATION OF CONTRACT
The goods offered by us may be ordered by you via the internet.
A contract will be formed on acceptance by us of your order.
If you choose to provide us with your email address you will receive communication of the details of your order by email. This confirmation acts only as a verification of order details and does not constitute acceptance of your offer to purchase goods. Acceptance will take place upon receipt of payment.
Your card or Paypal account will be charged as soon as you submit your order.
We will endeavour to dispatch goods within 28 days of an order being received. Should an item be unavailable the customer will be informed by an email and an alternative offered if the original item is no longer available. We will endeavour to obtain the original item at all costs. Sometimes, due to issues with specific suppliers, it may take longer than 28 days.
We supply all goods at the request of our customers if they are ordered in compliance with these Terms & Conditions.
It is the responsibility of the customer to ensure that all details for their orders are correct at the time of ordering.
Upon placing the order, the customer agrees that the information given on the order is correct. Any changes to information contained on the customer at the time of ordering will be made at the discretion of BSI Merch.
If we experience problems with fulfilling an order we will email the customer with details of the problem and offer an alternative if necessary we may re-process the order to resolve issues that may arise at the point of ordering.
CANCELLATION
You may cancel an order at any time up until 14 (fourteen) days after receipt of the goods. Prior to shipment of the goods, cancellation can be effected by telephoning or emailing Customer Services. If you cancel the order after the goods have been shipped, the goods must be returned in excellent condition suitable for resale and in the original packaging.
Following notification of cancellation, any sum relating to the cancelled order shall be credited to you within 10 working days upon receipt of the goods, provided that the goods are returned by you to us in the condition in which they were delivered.
You will pay for the cost of return and original carriage of the goods unless the goods are faulty or damaged.
RETURNS
If you are not completely satisfied with your purchase, you can return it to us within 14 (fourteen) days of receipt, in excellent condition suitable for resale and in its original packaging, for a replacement, exchange or refund of the same item. Please call or email our Customer Services department (customerservices@bsimerch.com or +44 20 8106 2494) for returns instructions. Unauthorised returns may not be accepted.
Postage/delivery charges are not refunded unless the goods are faulty. Please obtain a proof of postage, as BSI Merch cannot be held responsible for non-receipt of returns.
FRAUDULENT ORDERS
Attempts to gain goods with false or invalid information will be dealt with as fraud; our system uses some of the best fraud prevention checks provided by our payment provider along with addition algorithms created by our programming team. Orders may be deleted without notification if we believe them to be fraudulent.
If we feel that you are using fraudulent information or credit card data that does not belong to you then we will be forced to pass on any information to the local authorities.
We reserve the right to credit or cancel any order that may appear to be fraudulent or incomplete immediately and without notice to you if:
a. 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;
b. we suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent or illegal activity on the website.
PRICE AND PAYMENT
The price of the goods shall be the price at the date of acceptance by us of your order.
Delivery charges shall be notified to you and shall be added to the price of the goods.
Payment shall be made by you by credit card, debit card or by Paypal.
Delivery shall only be made by us against cleared funds.
Prices are inclusive of VAT at the applicable rate where required.
Any customs or duty charges due on a package must be paid by the person receiving the package. As customs policies and import duties vary widely from country to country, we cannot tell you what these costs would be and would therefore suggest you contact your local customs office for details of current charges before ordering.
Please note that all UK/European orders are shipped from the UK, including USA imports. Orders outside of UK/Europe are dispatched from both the UK and the USA, depending on the origin of the items (UK or US warehouse).
DELIVERY
We shall use our reasonable best endeavours to deliver the goods to you within 8-10 days (UK & Europe) or 10-12 days (Rest of World). These shipping dates are an approximation and some orders will experience delays due to customs and slower postage systems, as we use multiple courier services.
In the unlikely event of your parcel being lost in the post, we must wait 6 weeks from the date of dispatch before we can arrange a redelivery or refund.
UNDELIVERED ORDERS
You must inform us within 60 days from the date of dispatch if your order has not arrived at the delivery address. Outside this period, we cannot replace or refund any items on your order.
LIABILITY
Our liability to you for the goods shall be limited to the purchase price of the goods.
We shall not be liable for any loss of use, loss of revenue or loss of profit by you.
EVENTS BEYOND THE CONTROL OF BACKSTREET INTERNATIONAL MERCHANDISE
We shall have no liability to you for any failure to deliver or for any delay in doing so for any damage or defect to the goods which is caused by any act or circumstance beyond our reasonable control including, without limitation, strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
DATA PROTECTION
All billing details will be kept for 3 years for taxation reasons and will then be destroyed.
By agreeing to these terms and conditions, and unless otherwise notified by you, you agree that BSI Merch from time to time might send promotional mail to you. These promotional mailing will stop if requested by you.
No customer information, including email addresses shall be given or sold to any third parties in accordance with our privacy policy.
ASSIGNMENT
Our rights and obligations and yours shall not be assigned without our prior consent in writing.
THIRD PARTY RIGHTS
A person who is not a party to the contract between ourselves and you shall have no right under the the Digital Services Act (DSA) and the Digital Markets Act (DMA) to enforce any term of the contract.
PARTIAL INVALIDITY
If any of these terms and conditions or any part thereof are unenforceable, the enforceability of all other terms and conditions shall not be affected.
WAIVER
No failure by us to exercise any right or remedy under these terms and conditions shall operate as a waiver of that right or remedy and no waiver by us of any breach of these terms and conditions shall operate as a waiver of any subsequent breach.
NOTICES
All notices to us shall be in writing and sent to:
BSI Merch
Tor D
Egelingzeile 6
12103 Berlin,
Germany
Email address: customerservices@bsimerch.com
LAW AND JURISDICTION
These terms and conditions shall be governed and construed according to German law and the German courts shall have exclusive jurisdiction regarding any claim or matter arising under the terms and conditions.
SPECIAL OFFERS
Offers start and end on the designated dates and will not be honoured before or after those dates.
You cannot claim offers in conjunction with any other promotional code offer you are claiming for unless stated.
PAYMENT
We accept payment by major credit cards and debit cards including following cards:
- Visa
- American Express
- MasterCard
- Maestro
- Visa Electron
- Carte Blue
Payment can also be made via Paypal.
Customers not living in the European Union are not exempt from VAT.
LICENSED MERCHANDISE
BSI Merch is committed to providing only 100% official licensed products. If we discover that any item displayed on our website is not 100% official, we will remove the product from our database at the first available opportunity.
IMPORTANT INFORMATION ABOUT COOKIES
On the 26th May 2011, new laws came into force regarding cookies. These laws require that cookies can only be placed on devices where the user has given their consent. This notice is designed to provide you with more information about how URL (BSI Merch), the publisher of this website, uses Cookies and adheres to these laws.
WHAT ARE COOKIES?
"Cookies" are small pieces of information that a website sends to your computer or mobile media device while you are viewing a website.
HOW DOES BSI MERCH USE COOKIES?
Cookies are essential for online shopping stores.
BSI Merch use the following types of cookies:
Essential cookies
These cookies are essential to the running of a BSI Merch webstore, such as Session cookies, which enable you to use the shopping cart and make a transaction. Session cookies are not stored on your computer and will expire when you close your web browser session.
Tracking/User Analysis Cookies
Some of our webstores also use cookies to track how many individual unique users we have and how often they visit the webstores. We use 3rd party companies for this service (currently Google Analytics, provided by Google).
Social Media Cookies
These cookies allow you to share information from our webstores on 3rd party social media networks like Facebook, Twitter, Linked In, Google + etc. We do not store any information from these cookies but the 3rd party network may.
Persistent Cookies
BSI Merch does use a persistent cookie, which stays on your computer or mobile media device after you have gone offline, in order to avoid showing you this notice again.
Cookies can be removed or blocked by changing your web browser settings, but please be aware that to make a transaction on our webstores, you will need to accept cookies.
To consent to using BSI Merch websites with the Cookies, enable Cookies in your web browser. To decline using BSI Merch websites with the Cookies, disable Cookies in your web browser.
You can find more information about Cookies at this website https://ec.europa.eu/info/cookies_en
BSI Merch are not responsible for the content of this website and provide these links purely to help you find out more about Cookies.
If you have any questions for BSI Merch about this new law change, please contact customerservices@bsimerch.com
