Terms & Conditions

1. General

Definitions

Company — 8Merch Sp. z o.o., as registered in Poland and European Union with number 0000404155 and VAT number PL6772365762, represented by 8merch.com Website.

Client — a private person, registered company, organization or other legal entity, who purchases or is willing to purchase products and / or services from 8merch.com Website.

Website — located at 8merch.com, it features Products and on-line shopping cart, through which it is possible to order Products.

Product — predefined package listed on the Website, which can be ordered via on-line shopping cart or via e-mail services@8merch.com.

Services — all services provided by the Company to the Client, which are necessary and required to fulfill the order or are ordered by the Client.

Order — legally binding contract between the Company and the Client, including all specifications regarding Products and Services.

• By placing an Order the Client agrees to the Terms & Conditions set forth in this document. These Terms & Conditions, along with on-line order and Copyright Declaration form constitute legal contract between the Company and the Client and shall not be overridden by any other terms or conditions.
• Only after written confirmation via e-mail from the Company (automatic e-mail confirmation after on-line self-ordering or message from the Company's staff), the order is deemed valid.

2. Price & Quotes

• The price displayed on the website and / or communicated via e-mail to the Customer by the Company is exclusive of costs associated with packing, loading, securing and shipping of the Product to the Client. These costs are displayed in the shopping cart during checkout and / or communicated on the order specification sheet sent via e-mail to the Customer by the Company. The shipping costs are dependent on the shipping data, especially country, and type of service to be selected (economy or express). At the Client's request these costs may also be communicated via e-mail by the Company's employee.
• The price displayed on the website and / or communicated via e-mail to the Customer by the Company is exclusive of any costs of preparation of the graphic files and audio masters, which are required to manufacture the Product. The graphic files and audio masters shall be supplied by the Customer or offered to be supplied by the Company as the Service, for which the Customer will be charged agreed amount of money.
• The price displayed on the website and / or communicated via e-mail to the Customer by the Company is exclusive of any value added tax (VAT).
• The Company reserves the right to change (increase or decrease) the price displayed on the website and / or communicated via e-mail to the Customer in case the Customer requests to change order specifications, delivery details, types, quantities or other aspects that have effect on the price of the Products and / or Services.

3. Ordering

• The ordering of Products and / or Services takes place via the Website or e-mail address of the Company.
• The Customer is obliged to provide correct billing and shipping data, using the on-line form or via e-mail. The failure to provide correct billing and shipping data may result in order delay and increase in costs, which shall be covered in full by the Customer.
• Ordering of the Products and / or Services is done via the Website or by e-mailing to the Company with order details included.
• The Company confirms received order and total price via e-mail.
• Each order featuring any audio or video content must be accompanied with filled in, signed and scanned Copyright Declaration form, available on request from the Company.

4. Audio and Artwork

• The Customer is solely responsible for content and accuracy of the submitted audio master and artwork files for fulfilling the order.
• The original files, artwork, audio recordings, video recordings, images, designs, graphic files shall remain in the Customer's hands. The Company shall be supplied with copies of the above mentioned materials and under no circumstance the Customer shall submit sole copies of the above mentioned materials to the Company.
• The submitted files shall be created and prepared according to the following documents, available on request from the Company: Artwork Preparation Guidelines and Master Preparation Guidelines.
• Each submitted graphic file is subject to preparation of the digital proof by the Company and only after written approval of the digital proofs via e-mail from the Customer, the files are deemed as ready for printing and / or manufacturing.
• The Company is not responsible for checking of the contents of the submitted audio master and cannot be held responsible for any faults or errors on the pressed or duplicated copies.
• The source materials for audio and / or artwork required for the fulfillment of the Order, submitted and approved by the Client are stored on the Company's servers as archive. If the re-order is placed by the Client, the Company uses the stored materials, unless the Client changes all or any part of the supplied materials. In such case, the re-order is treated a new order and the new materials are assigned to it.
• The Company shall store the archived materials for at least 12 months and reserves the right to destroy them at its own discretion.
• The Client shall keep their copy of source materials at any time and under no condition, the Company shall be liable for loss or damage of the supplied source material.

5. Payment

• The Customer is obliged to make a payment for ordered Products and / or Services as one of the requirements to fulfill the agreement. The payment is made on-line during checkout. It is also possible to make a bank transfer payment, after receiving essential information from the Company via e-mail. The payment is due in cleared funds.
• The Company shall not start the processing of the order for Products and / or Services, without receiving cleared payment.
• The Company reserves the right to suspend or cancel the order for Products and / or Services, if the Customer fails to make a payment in full or in part.
• The Company shall grant regular customers payment terms and allow them to pay invoices within agreed period of time. Individual payment terms are negotiated with each Customer and the Company reserves the right to keep the discreet.
• If for any reason the Client fails to meet the payment deadline, the Company reserves the right to suspend or cancel any open Orders, claim immediate payment of all invoices, including those which are not due yet, submit the debt from unpaid invoices to a collection agency and / or court of justice and incur any administrative and associated costs of collection on the Client.

6. Fulfillment & Delivery

• Any fulfillment and delivery dates stated by the Company on the website or via e-mail communication are estimates only and are based on the Company's good faith and as a result of the past orders and experience.
• The Company provides estimated fulfillment and delivery dates only after the complete audio and artwork materials for the order are submitted by the Client and digital on-screen proofs are accepted by the Client.
• The failure in submission of all or part of the above mentioned materials by the Client, results in no obligation for the Company to fulfill the Order.
• Any fulfillment and delivery dates stated by the Company are subject to change or cancellation in case of force majeure, which includes but is not limited to war, terrorism, riot, epidemics, fire, flood, shortage of supplies, accident, strike, blackout, etc.
• The Company use all methods and endeavors possible to ensure the fastest delivery possible, it cannot be held responsible for failure in meeting the stated dates.
• The Company shall not be liable to the Customer for any costs, damages, financial losses or other direct or indirect expenses connected with any delay in the fulfillment and delivery of any Products and / or Services.
• The delay in fulfillment and / or delivery of the Products and / or Services shall not be the reason to cancel the order by the Customer.
• The delivery of the Products is performed via third party delivery company and the Company shall not be liable to cover the costs of any damages incurred by the courier company during transportation.
• The Customer's responsibility is to check the contents of the delivery in the presence of a courier and file a complaint with them, if there is anything wrong with the Products.
• If any Products are lost or damaged in transit, the Customer shall submit an official, written and detailed claim to the Company within forty eight (48) working hours, to enable the Company to issue any necessary claim against the courier company.
• If any Products are faulty, the Customer shall submit an official, written and detailed claim to the Company within forty eight (48) working hours, to enable the Company to take necessary actions to check and respond to the claim.
• The failure in submitting the above mentioned claims results in the Products being deemed to be delivered in accordance with the order.
• If the Customer fails to accept the delivery and the Products are returned to the Company, the Customer shall cover the costs of return and second delivery.
• Due to the nature of manufacturing process, especially of the analogue formats, i.e. vinyl records and audio cassettes, the Company reserves the right to deliver the Order with the quantity tolerance in such thresholds:

  1 – 499 units	10%
  500 – 2999 units	5%
  3000 units and above	3%

  In any case, the Company will invoice the exact number of units supplied within the Order.

7. Copyright

• The Customer declares that they are the sole owners of the submitted audio and artwork or are entitled by the valid license to possessed and reproduce submitted audio and artwork.
• The customer declares that the submitted materials, audio files, images, graphic designs or any other files required for manufacturing, replication, duplication, pressing, etc do not infringe any intellectual property right of any third party.

8. Liability

• The Company shall not be liable for delayed delivery arising by the cause which is beyond Company's control.
• In any case, the Company shall not be liable to the Client for any direct, indirect, immediate or consequential loss or damage or any depletion caused by the fulfillment and delivery of the Order.
• Any defects in quantity supplied in the Order, shall be notified by the Client within 48 hours from the delivery of the Order. The Client shall submit clear evidence of such defects.
• Any hidden defects in the Order shall be notified the Client as soon as they become apparent, but no later than 30 days from the delivery of the Order. The Client shall submit clear evidence on such defects.
• Any apparent defects, clearly caused by the transportation shall be notified within 24 hours from the delivery of the Order, only after the on-site protocol is written down in the presence of the delivery company's employee.
• If any of the above mentioned defects are notified by the Client, the Company at its own discretion shall provide replacement or repair of the defective Products, but only under condition that such defects are a result of the Company's actions. The Company shall demand the return of the Products to the Company's premises for the inspection. The Company shall not be liable for any replacement or repair if the defect is the result of source materials supplied by the Client.
• The Company shall not be liable for defects which arise from natural wear and tear, improper storage or handling, insecure transportation or negligent deviations from the specifications, which only insignificantly influence the proper use of Products.
• The inspection of defected Products is provided by the Company free of charge. If the claim submitted by the Client is unjustified, the Company reserves the right to be reimbursed for the expenses arising from providing such an inspection.