1 Formation of contract
Welcome to Hip Hop Be Bop (hereinafter referred to as “Supplier” or as “HHBB”). Please carefully read this legal agreement between us, HHBB and you, the Customer and User (following as “Customer”) of our products. Using our website at https://hiphopbebop.com/ and the included services and goods, you automatically accept any singular clause contained in this legal agreement. (hereinafter referred to as the “Conditions’).
Each accepted order shall constitute an individual legally binding contract between the Supplier and the Customer and such contract is hereinafter referred to in these Conditions as an “Order”.
Please note that we have our own set of specific images as coverage of any vinyl product. In case of image missing, we will directly search for an appropriate picture directly from the Web as source.
2.1 Supplier shall use all reasonable endeavours to deliver the products to the Customer in accordance with any delivery date agreed in writing with the Customer, but shall not be responsible for late delivery. Without prejudice to the generality of the foregoing, Supplier shall not be liable for late delivery or failure to deliver through any cause which is beyond the control of Supplier. Supplier shall not in any event be liable to the Customer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising, including without limitation, loss of profit, loss of revenue, economic loss, depletion of goodwill and pecuniary loss of any kind whatsoever in the fullest extent permitted by law. Any further rights and remedies of the Customer than those as per this Section 2 based on a delay, in particular Customer’s right to claim damages, shall be excluded.
2.2 The delivery time shall start at the time when the Supplier receives the documents according to Condition 5.3, all the production specifications, the exact packaging instructions, and the data required for the production of the Products, e.g. artworks, CD masters, DVD-masters etc., (hereinafter referred to as “Source materials”) according to Supplier’s technical conditions (hereinafter referred to as the “Technical conditions”).
2.3 If the Supplier is unable to deliver on time due to force majeure the time for delivery shall be extended and the Supplier will quote the Customer a new delivery date on a best efforts basis. Alternatively the Supplier may terminate the Order and shall not in any event be liable to the Customer for any direct, indirect or consequential loss or damage. Force majeure events shall include but are not limited to mobilization, war, civil insurrection, terrorism, acts of government, non-granting of required export permissions, epidemics, riot, explosion, accidents, flood, fire, sabotage, shortages of means of transport fuel or energy shortages or delay or accident in shipping or transportation, strike, lock-out, raw material shortages, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, lack of transportation, interruption of electricity and forces of nature.
2.4 The Supplier shall not be bound to proceed with or deliver any Order whilst the Customer is in delay in payment of a previous invoice to it from the Supplier. Any Products produced for the Customer but withheld shall be at the risk of the Customer. The Supplier may charge storage costs for each day delivery is withheld up to the amount of 2% of the price of the Order. Alternatively the Supplier may terminate the Order.
2.5 If the Customer fails to give shipping instructions or refuses to accept delivery, the Supplier shall be entitled at its absolute discretion either to arrange storage on behalf of the Customer (in such case the Supplier is entitled to charge all the storage costs of the relevant warehouse and all other incurred costs) or store the Products himself (in such case the Supplier is entitled to charge for each day thereafter up to the amount of 2 per cent of the price of the given Order and all other incurred costs). Upon placing goods into storage in either of the above ways risk in the goods shall pass to the Customer. All charges for storage, insurance or any resulting damage or additional expenses shall be paid by the Customer within 30 days of submission of an invoice.
2.6 If the Products are stored by the Supplier for more than 1 month, the Supplier is entitled at its absolute discretion to destroy the Products.
2.7 The Supplier shall be entitled to provide partial supplies.
2.8 The Customer shall be deemed to have accepted all goods upon their delivery by the Supplier to the address specified in the Order. The Customer shall be entitled to refuse acceptance of delivery only if the Products are visibly and substantially defective, and the Customer provides the Supplier specific written notice thereof within 3 days of delivery of such Products. Upon taking delivery or receipt of shipping documents, the Customer shall check the Supplies and shall notify the carrier with a copy to the Supplier of any damage caused to the Products.
2.9 We currently accept orders globally. Please note that for any order outside the UK, the delivery time may vary. Please check regularly the order status.
3 Prices and payment
3.1 Prices shall be expressed in pounds directly in the Website, eventually excluding packing and any sort of taxes, duties or imposts payable under applicable law. Customer agrees to pay or reimburse the Supplier for any such taxes, duties or imposts which the Supplier is required to pay. Unless provided otherwise in writing between parties, price shall be without the costs for cutting tools and transport, which shall be charged to Customer separately in accordance with the Supplier’s quotation or valid price list of the Supplier or the documented costs.
3.2 If the Customer (i) requests changes to specifications or processing of the Products or (ii) fails to provide artwork in accordance with suppliers Technical Conditions the Supplier may make all necessary corrections to the specification and produce the Product accordingly but is entitled to charge the Customer the reasonable cost of the extra work.
3.3 All invoices must be paid in advance through the website. When we will have received the entire payment of your basket, we will start the delivery process.
3.4 All invoices shall be paid without any deduction whether by way of set-off, counter-claim, discount, abatement or otherwise except for agreed over-payments and credits which have been given.
3.5 If a specific payment does not fully cover the cost of your basket cash-out, we will not start any delivery process until the resolution of the total payment.
4 Defects Liability
4.1 The Customer shall inspect the Products immediately upon delivery. In respect of damage which could have been caused during transportation and which such a reasonable inspection would reveal the Customer must deliver to the supplier a shipping document executed by both the Customer and a representative of the shipping agent stating the nature and scope of the damage.
4.2 In respect of volume deficiencies the Customer must notify the supplier within 48 hours providing reasonable documentation to back up such claims.
4.3 In respect of hidden defects the Customer must notify the supplier upon them becoming apparent or at latest within two calendar months of the date of delivery.
4.4 Unless the Customer complies with the above any liability of the supplier for defects or volume deficiencies will be excluded.
4.5 Providing notification is given in accordance with the above clauses the supplier will free of charge and within a reasonable time repair or, at its absolute discretion replace, defective products and make good any volume deficiencies PROVIDED THAT
a) such defects shall be found to have arisen solely from the Supplier’s faulty design, workmanship or materials, and
b) the defective Products shall be returned to the Supplier’s factory for the Supplier’s own inspection at the Supplier’s expense and in the way determined by the Supplier, if so requested by the Supplier (particularly if the samples of the Products, which were kept by the Supplier, are not defective), and
c) the claimed defect was not within the Source materials sample, artwork, data, material or documentation approved by the Customer or provided by the Customer, and
d) the percentage of Products under complaint claimed is greater than 1% of the total number of units delivered.
4.6 Alternatively to Condition 4.5, the Supplier shall be entitled at its absolute discretion to refund the reasonable part of price of the defective goods in the event that such price shall already have been paid by the Customer to the Supplier, or, if such price has not been so paid, to relieve the Customer of the obligation to pay the same by the issue of a credit note in favour of the Customer in the amount of such part of price.
4.7 The Supplier shall not be liable for:
(i) defects which only insignificantly impair the use of the Products;
(ii) insubstantial deviations of the Products from specification;
(iii) natural wear and tear;
(iv) damage, arising after the transfer of risk; or
(v) from faulty or negligent handling, excessive strain, use of unsuitable appurtenances, or particular external influences not explicitly assumed to impact on the Products.
4.8 The Supplier’s liability under this Condition shall be to the exclusion of all other liability to the Customer whether contractual, tortuous or otherwise for defects in the goods or for any loss or damage to or caused by the goods. All other conditions, warranties, stipulations or other statements whatsoever concerning the goods, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded to the fullest extent allowed by law; in particular (but without limitation of the foregoing) the Supplier grants no warranties regarding the fitness for purpose, performance, use, nature or quality of the goods, whether express or implied, by statute, at common law or otherwise howsoever. The Supplier shall not be liable if the Customer or a third party carries out modifications or repairs of the Products.
4.9 The Supplier is entitled to be reimbursed for expenses or damage incurred during the examination of a Customer’s claim (for example travel or shipping expenses) if the claim proves unjustified.
5 Intellectual property
5.1 The Customer warrants that:
a) the ordered Products do not infringe upon any copyright or any other intellectual property right of any third party, and
b) the Customer possesses all relevant rights (e.g. mechanical duplication rights) or licenses, and that all fees and royalties due to beneficiaries of relevant copyrights have been paid or will be paid when due.
c) there are no claims, disputes, suits, arbitrate or other proceedings pending or anticipated which may affect the warranties and representations made above by the Customer.
5.2 The Customer shall defend, indemnify and hold harmless the Supplier or its Subsidiaries from and against any claim, dispute, proceeding, action, fine, penalty, suit, loss, expense, damages including punitive damages, and cost (including all attorney fees) arising out of or relating to any infringement or alleged infringement of any copyright or any other proprietary right of any third party by the Products.
5.3 The Supplier is also entitled at its absolute discretion to require further reasonable evidence, the reasonableness of which shall be determined exclusively by the Supplier, that the Customer possesses all the relevant rights and licenses regarding any copyright or any other intellectual property right of any third party.
5.4 The Customer agrees that the Supplier is authorized to inform the relevant authorities about the Customer’s Order.
5.5 For cost estimates, quotations and all other documents prepared or provided by the Supplier, the Supplier reserves all rights, title and interest in all intellectual property rights including but not limited to patents or copyright. The Customer shall keep such documents confidential and shall not without the prior consent in writing of the Supplier disclose to any third party any technical or commercial information which it has acquired from the Supplier as a result of discussions, negotiations and other communications between them relating to the Products and the Order.
6 Limitation of liability
6.1 No matter what the cause thereof the supplier shall not be liable in any circumstances (i) for any loss of profit, business, production, contracts, revenues, use of equipment, power system, information and data, or anticipated savings, or cost of purchased or replacement power, or payment of interest and financing expenses, or depletion of goodwill, or (ii) for any special, punitive, indirect or consequential damage of any nature whatsoever.
6.2 Notwithstanding anything contained in these Conditions or the Order the Suppliers liability shall be limited to 100% of the price of the Product specified in the Order.
7 Severance and waiver clause
7.1 If any provision of these Conditions or the Order is held by a court or other competent authority to be unlawful, void or unenforceable, it shall be deemed to be deleted from the Order and shall be of no force and effect and the Order shall remain in full force and effect as if such provision had not originally been contained in the Order. In the event of any such deletion the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory alternative provision in place of the provision so deleted.
7.2 The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of these Conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of these Conditions.
8 Applicable law and jurisdiction
8.1 The Contract shall be governed by the law of England and subject to the exclusive jurisdiction of the courts of England unless the Customer has its registered office or main place in a EU or a non-EU member state in which case the Contract will be governed by the law of and subject to the exclusive jurisdiction of the courts of the relevant country.