Terms and Conditions

General Terms and Conditions ("T&Cs") of MERCHCOWBOY Online Shops, operated by:

MERCHCOWBOY GmbH &Co. KG
Friedrich-Ebert-Straße 7
48153 Münster
Germany

hereinafter referred to as the: "MERCHCOWBOY / MERCHCOWBOY Online Shops".

§ 1 General information, services offered and goods, clients and newsletter

1. MERCHCOWBOY operates the following online shops under the domainsmerchcowboy.com and merchandmusic.de where products, including concert tickets (digital e-tickets and physical hard tickets), are offered for sale (hereinafter collectively: "merchandising products" or "merchandise"). Only goods, including tickets, are offered for sale at http://merchandmusic.de.
2. Clients within the scope of our T&Cs are both consumers and business entities. A consumer within the scope of the T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. For the purposes of our Terms and Conditions, a ‘business customer’ means a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activities.
3. If you sign up for our newsletter at merchandmusic.de, you’ll be kept up to date with news, special offers, promotions and price reductions. You can unsubscribe from this newsletter at any time. You will find an unsubscribe function for this purpose in each newsletter.

Scope of validity of the T&Cs, ticket sales, contract partners

1. The respective version of these T&Cs current at the time when the contract is concluded apply to all business relationships between MERCHCOWBOY and the client.
2. Any terms and conditions of the client that are contrary to or deviate from our terms and conditions shall not be recognised unless MERCHCOWBOY has agreed to them in writing in an individual case.
3. MERCHCOWBOY is commissioned and authorised by concert organisers (hereinafter referred to as: "organisers") to broker on their behalf the contract for attendance at the event by selling tickets (e-tickets and hard tickets). MERCHCOWBOY is entitled to collect the entry fee on behalf of another party, for the account of the organiser and to pass it on to the organiser. This is shown on the invoice sent to the client by email: "Invoice sender notice: Merchcowboy GmbH & Co. KG acts as an intermediary for the organisers with respect to ticket sales.
   The company sells tickets on behalf of another party and for the account of another party. The contract partner is the respective organiser." The tickets can be personalised or non-personalised bearer tickets. If a ticket is issued exclusively on a personalised basis, it is a strict rule that only the person whose name appears on the ticket may demand the right to enter the event. When purchasing multiple personalised tickets, the purchasing client guarantees that he/she is authorised to purchase tickets for the third parties and undertakes to state his/her first and last name truthfully. The third parties are then granted a right to attend the event on the basis of the purchase contract (= contract for the benefit of third parties). E-tickets are sent to the client's stated e-mail address in the form of PDF file(s) following completion of the successful order process. In order for the ticket to be displayed and printed out, the client requires the "Acrobat Reader by Adobe" programme in addition to an Internet-capable terminal device. Updates and acceptance of licence conditions of the aforementioned provider may be required. Lost tickets will not be replaced. There is no entitlement to the return of tickets (see also the revocation provisions under Art. 9 for distance selling transactions), unless the event is cancelled. The client is requested to check immediately before the event whether the event will take place as planned. Following a cancellation, we will publish in our shops the name of the party to whom tickets can be returned. The ticket entitles the holder to access the designated event vis-à-vis the specified local organiser (see the special provisions above relating to personalised tickets). The commercial resale of tickets is prohibited. Dangerous objects and jamming equipment may not be brought to the event. With the exception of mobile phones, recording devices suitable for sound/image recording are not permitted. Under no circumstances may recording devices, including mobile phones, be used for recording. The general terms and conditions of the local organiser and the house rules of the venue shall also apply. This may give rise to special provisions, in particular relating ticket resale.
4. The contract partner for our merchandising goods, with the exception of tickets, is MERCHCOWBOY:
   MERCHCOWBOY GmbH &Co. KG
   Friedrich-Ebert-Straße 7
   48153 Münster
   Germany
   support@merchcowboy.com
   www.merchcowboy.com
   Commercial Register: Amtsgericht Münster, A9531>br> Represented by the personally liable partner Merchcowboy Verwaltung GmbH
   Commercial Register: Amtsgericht Münster, 14183
   Managing Directors: Carsten Ehlich, Tobias Richter
   VAT ID: DE288075551

   Service times: Monday - Friday (except public holidays): 9.00 am – 4.00 pm

   The respective event organisers are the contractual partners for the tickets. We handle the purchase contract as an intermediary on behalf of the organisers, and do not become a contract partner ourselves.

§3 Order process and conclusion of contract

1. Ordering goods

1. The presentation of the range of goods in the MERCHCOWBOY online shops does not constitute an offer within the scope of Art. 145 of the German Commercial Code (BGB). You can find the key features of each product on the product details page under "Description and Features”. You are welcome to send us more questions about the goods. The offer is subject to change and non-binding.
2. The goods that you select are placed in the shopping cart. Once you have chosen an item, you can place your order by adding the items to your basket and then proceeding to checkout. You will now be guided through the ordering process step by step. If you wish, you can log in after registering by entering your e-mail address and a password of your choice. You will then follow the steps either as a registered client or as a guest. Once you have entered your billing address, delivery address, delivery method and payment method, you will be shown an order summary where you can make any necessary corrections. To complete the order process, you need to click the "Place order with payment” button.
3. You are responsible for ensuring that your entered personal details are correct. If you are not yet 18 years old, the consent of the legal guardian(s) is required for ordering the goods. Mandatory details in the order process are identified as such. You can delete the client account you have created at any time by going to your personal profile in your user account and clicking on "Click here to delete your personal data".
4. Once you have placed your order, you will receive an order confirmation both directly on the shop website and by email. This automatic order confirmation shows the details of your order. Please check the confirmation for obvious spelling and calculation errors, as well as for discrepancies between the order, confirmation and delivery. Please notify us immediately of any such discrepancies. When goods are ordered, MERCHCOWBOY is entitled to accept your offer within 1 week. The purchase contract is concluded when we send you the invoice, request payment from you, or accept the order by delivering the goods or notifying you of dispatch within the specified delivery period. If more than one of the alternatives mentioned applies, the contract is concluded at the time the first of these alternatives occurs. The acceptance period is seven days from the day after the order is dispatched. If we do not accept your order within the specified period, this shall be deemed a rejection, with the result that you are no longer bound by your declaration of intent. When you purchase an e-ticket, the ticket will be made available for download as a PDF file immediately after payment has been received.

2. Acceptance of the Terms and Conditions, submission of an offer

Before you complete your order or place an order for custom-made goods, you confirm that you have read our Terms and Conditions and our Cancellation Policy, and that you have had the opportunity to download and print them. By submitting an order to the MERCHCOWBOY online shops within the framework of the ordering process, you are making an offer within the scope of Art. 145 ff of the German Commercial Code (BGB) on the conclusion of a purchase contract with the MERCHCOWBOY online shops.

3. Acceptance, refusal to accept

We reserve the right not to accept orders in individual cases where the quantity ordered exceeds what is customary for a household. This is primarily intended to prevent the resale of our products.
In this case, we will refund any payments already received without delay, and at the latest within 14 days of our decision.

4. Subject to delivery

We reserve the right to cancel from the contract if our supplier fails to deliver, or delivers incorrectly or late, even though we have entered into a corresponding covering transaction and the failure to deliver is not our fault. We will, of course, make every reasonable effort to source the goods. If the goods are not available, or only partially available, we will inform you immediately and refund any payments already made without delay.

§ 4 Price components and terms of payment, payment methods, due date, invoice

1. All prices quoted in the MERCHCOWBOY online shops include the respective statutory rate of VAT and packaging costs. You will find all price components summarised again immediately before the order button and thus before placing the order. Furthermore, all product prices are exclusive of shipping costs, unless the following additional text appears as part of our special offers: "incl.(uding) shipping costs". An overview of the shipping costs can be seen by clicking on the link in the form of a button located directly beside the goods or the button at the bottom left of the website. The prices at the time of the client's order apply. The validity period of limited-time offers is displayed at the relevant points during the ordering process.
2. The purchase price becomes payable upon conclusion of the contract. Payments are processed through the service companies "PayPal" and "Mollie" that we use. The available payment methods will be displayed during the ordering process. Our PayPal account is: paypal@merchcowboy.com. A discount may only be deducted if written permission has been given.
3. Delivery is subject to payment in advance. Items will only be dispatched once the full invoice amount, including delivery charges, has been received. If payment is not received within five working days, we may cancel the order.
4. You will receive an invoice showing VAT by e-mail with every order. It serves as both a proof of purchase and a confirmation of your order – so please keep it safe.

§ Shipping and packaging costs, insured shipping

1. The exact shipping costs will be shown to you during the ordering process before you complete your order. You can find further information on our “Payment & Delivery" page. Please also see Art. 4(1)
2. Our delivery partner is DHL. We deliver within Germany as well as to EU and non-EU countries. Sustainability is important to us, which is why we use climate-friendly shipping via "GoGreen". Our shipments within Germany are insured up to a value of €500.00 and can be tracked via our tracking service.
3. For deliveries to countries outside the European Union, additional costs may arise in individual cases; these are beyond our control and must be borne by the client. These include, for example, costs associated with money transfers via financial institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the money transfer even if the payment is not being made to a country outside the European Union, but the client is making the payment from a country outside the European Union.
4. Once you have received the goods, ownership of the packaging passes to you.We make sure that our packaging is reusable wherever possible.

§ 6 Delivery / delivery period / delayed delivery / fixed dates / part deliveries / transfer of risk / storage

1. E-tickets are available to download immediately after purchase. Items that we have in stock will be dispatched to you within a maximum of 10 working days. For deliveries outside the EU, the specified delivery time is a maximum timeframe.
Within Germany and the EU, orders are usually dispatched within 3–4 working days. You can see the exact delivery time during the ordering process before you complete your order. You can also pre-order items. This is the case if releases are scheduled for a certain date and goods can therefore only be ordered from this date (e.g. CD, ticket, vinyl). Naturally, the delivery period for preorders can only commence and be calculated from the time shown there. If your preorder includes other items, for sustainability reasons we will only dispatch all items together once the preordered item is ready to be dispatched. You will be notified of this circumstance during the ordering process. If you would like to receive the other items earlier, you will need to place a separate preorder. The period for delivery will commence upon issue of the remittance order to the paying bank or, in the case of other payment methods, on the day after conclusion of the contract, and will end at midnight of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a general, officially recognised public holiday (bank holiday) at the place of delivery, the next working day shall count as the last day of the period.
2. If MERCHCOWBOY fails to meet the agreed delivery deadline, the client must first set us a reasonable grace period for delivery. If delivery has not been made by the end of this period, the client is entitled to cancel from the contract. For certain products, we rely on third-party suppliers, e.g. when records are manufactured at the pressing plant. In such cases, delays may occur for reasons beyond our control. If the goods are not delivered, you have the right to cancel the contract.
3. Part-deliveries are allowed. For clients who are consumers, partial deliveries must be acceptable. If an order also contains preorder items, the client shall not be entitled to part-delivery with regard to the other items, see also Art. 6 No. 1. In the case of part-deliveries, we shall bear the additional shipping costs incurred for part-deliveries.
4. If the client is an entrepreneur, the risk of accidental loss and accidental deterioration shall pass to the client when we have delivered the purchased goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. However, if the client is a consumer, the risk of accidental loss and accidental deterioration shall not pass to the client until the goods are handed over to the client. The risk shall in any case pass to the client when the delay begins.
5. If the client is in default of acceptance or if delivery is delayed for reasons for which they are responsible, they shall bear the additional costs incurred as a result. This includes, in particular, additional delivery charges (the replacement item will only be dispatched once payment has been received) and, where applicable, storage costs for keeping the goods in stock.
6. Unfortunately, for logistical reasons, it is not possible to collect the goods in person.

§ 7 Retention of title

1. All deliveries (with the exception of tickets which we ourselves receive as agency goods and to which the organisers retain title) are made exclusively subject to retention of title. In the case of consumers, the delivered goods shall remain the property of MERCHCOWBOY until the purchase price has been paid in full, and in the case of business entities it shall remain so until all claims of MERCHCOWBOY arising from the business relationship with said business entities have been settled. The client is prohibited from pledging or assigning the reserved goods as security. The client must inform us immediately of any seizures or other encumbering dispositions by third parties.
2. In the event that the client breaches the terms of the contract, we are entitled to cancel from the contract and demand the return of the goods supplied.
3. The client who is a business entity may sell the delivered goods in the ordinary course of business before the goods have been paid for in full. In this case, however, the client shall be obliged to disclose MERCHCOWBOY's ownership to his/her customers (passed-on retention of title). Furthermore, the client hereby assigns to MERCHCOWBOY these claims from the resale together with all ancillary rights and securities until all claims MERCHCOWBOY is entitled to against client have been settled. We accept the assignment. If the claim from the resale is set in a current account relationship between the client and his/her customer, this assignment of security shall extend to the balance claims in the same amount (extended Retention of title with advance assignment). The client may collect the assigned claims as long as MERCHCOWBOY does not revoke this authorisation. MERCHCOWBOY shall be entitled to revoke if the secured claims are jeopardised, in particular if the buyer is in default of payment. The direct debit authorisation shall expire automatically at the time when the buyer ceases to make payments or if an application for the opening of insolvency proceedings is filed by the buyer or by a third party in respect of the buyer's assets. Following revocation or expiry of the direct debit authorisation, MERCHCOWBOY shall be entitled and the client shall be obliged to notify the buyer of the assignment of the claim. The client shall then refrain from any collection and shall then immediately forward to MERCHCOWBOY any amounts still received. On request, client shall at any time inform MERCHCOWBOY in writing as to whom the client resold the delivered goods and shall pass on all information and documents relating to the assigned claims.

§ 8 Instructions on use

You are required to follow the operating instructions and usage guidelines provided with the merchandise to ensure it is used correctly and safely. Please wash printed fabrics at max, 30°C with mild detergent and turned inside out. Please note that the care instructions for the specific fabric apply. Claims for defects are excluded where a defect is attributable to use that is not in accordance with the intended purpose or improper use.

§ 9 Cancellation

1. Consumers generally have a right of cancellation.
2. Further information regarding the right of cancellation can be found in the cancellation policy of MERCHCOWBOY.

§ 10 Voluntary right of return for goods from "Merch & Music" / rights in respect of defects

1. In addition to the statutory rights regarding defects and the right of cancellation for consumers in distance selling (neither of which is affected by this voluntary return policy), we grant you a voluntary return policy valid for a total of 30 days from receipt of the goods. This applies to items that you don’t like or that don’t fit, for example. Until expiry of the deadline for the statutory right of cancellation, only the conditions listed there apply. The voluntary right of return expressly does not apply to purchased tickets. However, a prerequisite for exercising the voluntary right of return is that the goods are returned to us in their original condition, undamaged and in the original sales packaging. We request that these goods be returned to us within 30 days of receipt (timely dispatch is sufficient):
   MERCHCOWBOY GmbH & Co. KG
   Friedrich-Ebert-Straße 7
   48153 Münster
   Germany
   
   Please use our returns form for your return; you can download it here. This will ensure that your return can be processed quickly and correctly. We will refund you using the same payment method you used for the original transaction, unless otherwise expressly agreed. This will not incur any additional costs for you. Please note that we can only accept returns if they are sent to us carriage paid.
2. If the delivered goods are defective, the client who is a consumer may, at his/her discretion, demand rectification of the defect (repair) or replacement delivery. If the repair or replacement delivery fails, the client shall be entitled to demand a reduction of the purchase price or to withdraw from the contract at his/her discretion. If the client is a business entity, we reserve the right to choose the type of rectification in the event of a defect.
3. Damage to the packaging must be confirmed by the client in writing when accepting the goods from the transport company (no legal obligation). The client who is a business entity undertakes to notify MERCHCOWBOY in writing of this defect immediately following inspection or receipt of the goods at the destination - but no later than 5 days following inspection or receipt. If a hidden defect is involved that was not recognisable at the time of delivery, the written notification must be made immediately following discovery, but at the latest within 5 days following discovery. The defective item must be carefully sent to us for inspection and, if possible, in its original packaging (no legal obligation).

§ 11 Liability

1. Regardless of the legal grounds, our liability for damages is limited to intent and gross negligence. This does not apply to damage arising from fatality, physical injury or damage to health that is attributable to an intentional or negligent breach of duty on our part or to claims under the Product Liability Act. The limitations of liability shall also not apply to other damages arising from our culpable breach of essential contractual obligations; in the latter case, however, liability shall be limited to the damages typically foreseeable at the time of conclusion of the contract. These limitations of liability also apply to our legal representatives and vicarious agents.
2. Claims by business owners are subject to a limitation period of one year, starting from the date on which the claim arises, unless the claim relates to damage resulting from injury to life, limb or health, or from gross negligence or wilful misconduct.

§ 12 Data protection

< Data submitted via the website is processed in accordance with the applicable legal provisions. Further information can be found in the privacy policy./p>

§ 13 Alternative dispute resolution

We are not willing to participate in dispute resolution proceedings before a consumer arbitration body. We are also under no obligation to do so.

§ 14 Contract language, saving the contract text

1. The contract language is German.
2. We do not save the contract text.

§ 15 Miscellaneous / final provisions

1. The client undertakes to notify MERCHCOWBOY immediately of any change to their address.
2. As a business entity, you only have the right to offset if your counter-claims have been legally established or we have confirmed them in writing. Exercising a right of retention is only possible if the counter-claim is based on the same contractual relationship.
3. Subsidiary agreements, amendments and supplements in business transactions must be made in writing. This also applies to changing the written form requirement itself.
4. The law of the Federal Republic of Germany shall apply without the reference norms of international private law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods, the latter insofar as the client is a business entity. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
5. Insofar as an agreement on the place of jurisdiction is exclusively permissible in business transactions, the place of jurisdiction shall be at the respective current domicile of MERCHCOWBOY. The place of fulfilment is also the current domicile of MERCHCOWBOY. This does not apply to our client who is a consumer, for whom the place of fulfilment is the client's place of residence or the place of delivery designated by the client.
6. If individual provisions of these T&Cs are or become invalid, this shall not affect the legal validity of the remaining provisions. The same applies to any loopholes in the contract.

Münster, February 2026