General Terms and Conditions
1. This is a binding contract
By creating a Parcels Community account under the URL [https://popshop.parcelsmusic.com] (the “Community”), viewing or providing Content posted on or otherwise made available through the Community or otherwise using our services/Community, you accept these terms and conditions (“General Terms and Conditions” or “GTC”) and consent to contract with us electronically. We make our Community and its services available to you only on the basis of these GTC. Deviating terms and conditions, which are not expressly accepted by us in writing, are not applicable. You are concluding a binding contract with Parsells Merchandise GbR - Aufgang V - Pfuelstraße 5- 10997 Berlin – Germany (“we” / “us”).
2. Who can join the Community and use the Community?
In order to use our Community, you must create a user account and set up a user profile (hereinafter referred to as "Profile"). The use of our Community is free of charge.
You may use the Community only if (i) you are at least  years old, (ii) you meet the minimum age of digital consent in your country, (iii) you agree to form a binding contract with us according to the GTC set forth here, and (iv) you are not a person barred from receiving the Community under the laws of your local applicable jurisdiction. If you are old enough to access the Community but not old enough to have the authority to agree to form a binding contract with us, your parent or guardian must agree to these GTC on your behalf. If you are a parent or guardian consenting to these GTC on behalf of your teenager, these GTC also apply to you, and you are responsible for your teenager’s activity when using our Community.
You warrant and represent that you meet the above obligations above.
Our Community may only be used by natural persons.
The Profile will be linked to your person. Your Profile is neither transferable nor inheritable. As a user, you always ensure that your Profile will only be used by you personally and you will keep your password confidential for this purpose. You undertake to never use another user's Profile or password and to inform us immediately if you suspect that your Profile or password is being misused or used by unauthorized persons. You acknowledge that you are fully responsible for all activities that occur through your Profile or all Content you provide to our Community.
We reserve the right to change the community or the GTC at any time with effect for the future (s. below).
3. Description of the Services
Subject to the GTC hereof, we agree to provide you with the Community and its services. We provide our services through our websites, applications, and other properties that we own and operate and use to deliver the Community and its services to you. The services consist of the following:
● Enabling you to upload, embed, link, share, and interact with multimedia, including multimedia related to live experiences and multimedia hosted on third-party platforms, made available to the Community by you, us, or other fans of the Community;
● Allowing you to connect with us and other people in the Community through communication, reactions, multimedia experiences, and digital products; enabling us to communicate with you (i.e. via notification e-mails);
● Enabling you to establish a personal profile where you may showcase, among other things, your username, digital products you own, your experiences with our creative work, and your activity in the Community;
● Using blockchain technology to enrich how multimedia is experienced in the Community, including by transforming such experiences into digital products and/or records of fan recognition or expression;
● providing or selling music, video, media, digital and/or physical goods and services offered for free or ordered by you through the website and/or our Community.
4. Features and tools
Access to features: The specific features of the Community and the services available to you will depend on your level of access to or engagement within the Community. These features, and your requirements for accessing them, may change at any time at our discretion. Features may contain bugs or errors, and may otherwise malfunction. The malfunctioning or removal of any Community feature does not constitute a violation of this Agreement. By accessing the Community and using any of the services available to you hereunder, you agree that they may not work properly or may otherwise contain bugs or errors, and they may be modified or discontinued at any time. We may use reasonable endeavors to correct such errors in these features in a timely manner.
Creation tools: We may allow you to use certain tools that allow you to create or modify multimedia files, including but not limited to photos, images, audio files, and videos.
Transactions: We may offer to you (for free or for purchase) physical and digital goods, services, and experiences, in general via links to external platforms if for purchase or in some cases via our Community. Purchases or acceptances of such goods, services, and experiences are governed by these GTC, unless we provide other terms of purchase at the time of sale/purchase(“Transaction Terms”). In the event of any express conflict between these GTC and the Transaction Terms, the Transaction Terms will govern solely with respect to the relevant transaction and solely to the extent of the conflict.
Developer tools: We may offer application programming interfaces (“APIs”) that developers can use to build applications that are connected to our services.
Beta Services: We may invite you to try beta, pilot, or limited release features (“Beta Services”). By using any Beta Services, you agree that they may not work properly or otherwise contain bugs or errors, and they may be modified or discontinued at any time.
Third-party websites and services: Within the Community, we may provide or permit links to and integrations with websites or services operated by others. Your use of each third-party website or service is subject to its terms of service, not ours.
Blockchain transactions: (1) We may – at our sole discretion - use blockchain technology to deliver the services at our discretion and for several purposes, including (i) to create NFTs and deliver (or “drop”) them to your Digital Wallet, and (ii) to track the ownership and history of NFTs. Once an NFT has been created (whether by you, us, or anyone else) and recorded on a blockchain, the blockchain record of the creation of such NFT is intended to be permanent. However, we do not represent or guarantee that any NFT created by you, us, or anyone else will function as intended.
(2) We have no obligation to monitor, audit, or police any smart contracts underlying any NFTs that we, you or anyone else create, nor do we have an obligation to validate the creation of or confirm ownership of any NFTs. We do not guarantee that your NFTs will be compatible with our services. To the fullest extent permitted by law, we make no representations, warranties or guarantees with respect to any NFTs produced through or otherwise interacting with our services. To the fullest extent permitted by law, we will not be liable or responsible to you if you cannot use your NFT in connection with the services or if you cannot connect your Digital Wallet with our services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY FOR, OR LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES, INFORMATION OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Account creation
Registration: You must create an account to access the Community and receive the services. To create a Community account, you must provide certain information, including an email address or a Digital Wallet. By creating an account, among other things you agree to receive notices from us at your email address.
Parents and Guardians: By granting your child permission to use the Community and its services through your account, you agree and understand that you are responsible for supervising your child’s usage of the Community and its services. If you believe your child is using your account without your permission to access the Community and/or the services, please contact us immediately at info [AT] parcelsmusic.com so that we can disable access.
6. Purchase, Pricing, Product Availability, Payment, Retention of Title, Shipping
(1) If you have created a Profile on our Community, we may offer to you certain products for purchase. In such case you may select the products offered by us and select them via the button "SHOPPING CART" in a so-called shopping cart. Via the button "PURCHASE" you make a binding request to purchase the respective product Before sending the order, you can change and view the order at any time. However, the application can only be submitted and transmitted if you have accepted GTC with regard to the purchase by clicking on the button "ACCEPT GTC" and thereby included them in your application. You may also be asked to follow the further menu navigation of the payment provider. In these cases, please note the additional terms and conditions of the payment provider.
(2) We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed and which you may print out. The automatic confirmation of receipt merely documents that your order has been received by us and does not constitute acceptance of the application. The (purchase) agreement is concluded only by our submission of a declaration of acceptance, which is sent with a separate e-mail (order confirmation) or by your receipt of your order. Whereby the confirmation of receipt and declaration may also be made in one e-mail. No later than upon delivery of the product, the contract text (consisting of order, terms and conditions and order confirmation) will be sent to you by us by e-mail or hard copy. The contract text will be stored in compliance with data protection.
(3) Delivery times stated by us are calculated from the time of our order confirmation, subject to your prior payment. If no or no deviating delivery time is specified for the respective goods in our store, it is 5 (five) days for an order in Germany, in other countries the period may be extended.
(4) If at the time of your order no copies of the product selected by you are available, we will inform you immediately. If the product is permanently not available, we will refrain from a declaration of acceptance. In this case, a contract will not be concluded.
(5) If the product is only temporarily unavailable, we will also inform you of this.
(6) However, we shall be released from our obligation to perform under the purchase contract with you and may withdraw from the contract if we ourselves are not supplied with the goods in question through no fault of our own and not only temporarily, although we have placed a congruent order with a reliable supplier. In this case we will inform you immediately about the unavailability of the ordered goods and refund the purchase price paid by you immediately.
(7) Until full payment, all delivered products remain our property.
(8) With regard to our products offered to you hereunder, we reserve the right to make price changes, technical changes, errors, misprints or prior sale. All prices of our products include the applicable sales tax. Shipping costs, if any, are shown during the purchase procedure and are generally borne by you, unless the customer makes use of his right of revocation.
(9) We bear the shipping risk if you are a consumer.
(10) In the event of a revocation, you shall bear the direct costs of the return shipment as well as the return shipment risk, if any.
(12) A guarantee in relation to products purchased hereunder shall only be deemed given, if this was expressly given in the order confirmation for the respective product.
7. Revocation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which we inform you of below in accordance with the statutory model. The exceptions to the right of revocation are regulated in paragraph (2). In paragraph (3) you will find a sample withdrawal form.
Right of revocation
You have the right to revoke this contract within 14 (fourteen) days without giving any reason.
The revocation period is 14 (fourteen)days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the products.
To exercise your right of revocation, you must inform us (Parsells Merchandise GbR - Aufgang V - Pfuelstraße 5- 10997 Berlin – Germany / info [AT] parcelsmusic.com /+49 30 6958088-29 ) by means of a clear declaration (e.g. a letter sent by post, e-mail or fax) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the returned products or until you have provided proof that you have returned the products, whichever is the earlier.
You must return or hand over the products to us without delay and in any case no later than 14 (fourteen) days from the day on which you notify us of the revocation of this agreement. The deadline is met if you send the products before the expiry of the period of 14 (fourteen) days.
You shall bear the direct costs of returning the products.
You will only have to pay for any loss in value of the products if this loss in value is due to handling of the products that is not necessary for checking the condition, properties and functioning of the products.
(2) Exclusion or premature expiration of the right of revocation. There shall be no right of revocation:
● in the case of products that are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs;
● in the case of deliveries of sound or video recordings (e.g. CDs, music or video cassettes) or computer software in sealed packaging if the seal has been removed after delivery;
● in the case of delivery of newspapers, periodicals or magazines with the exception of subscription agreements.
● in the case of contracts for the supply of services in connection with leisure activities on a specific date or during a specific period (e.g. tickets for concerts and similar events)
● in the case of contracts for the supply of digital content not on a tangible medium, if we have started the execution of the contract after you, as a consumer, have expressly agreed that we start the execution of the contract before the expiry of the revocation period and have confirmed your knowledge that, by agreeing to this, you lose your right of revocation as soon as the execution of the contract starts. This provision applies in particular to NFTs, which is delivered to you in digital form, and similar products.
(3) The provider informs about the sample revocation form according to the legal regulation as follows:
Sample Revocation Form
(If you wish to cancel the contract, please fill out this form and return it to us. and send it back).
- To [here is the name, address and, if applicable, fax number and e-mail address of the entrepreneur by the entrepreneur]:
- I/we () hereby revoke the contract concluded by me/us () for the purchase of the following products ()/ the provision of the following service ()
- Ordered on ()/received on ()
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable
8. Your responsibilities while using the Community/services
Your Account: You are responsible for all activity associated with your account, including unauthorized activity and you must keep your account credentials safe.
Your Digital Wallet: You must connect a Digital Wallet to your account to access certain services.You are solely responsible for keeping your Digital Wallet secure. You are also solely responsible for keeping any private keys and/or seed recovery phrases required to decrypt your wallet secure. You should never share your private keys or seed recovery phrases with anyone, including through the Community or anywhere else we are delivering the services. We cannot recover lost private keys or seed recovery phrases for your Digital Wallet and are not responsible if you lose access to the services because you lose your private keys or otherwise lose access to your account. When you connect a Digital Wallet to your account, you agree that you will continue to use that Digital Wallet under the terms and conditions and privacy policies of the applicable provider of the Digital Wallet. We have no custody or control over the contents of any Digital Wallet, including any NFTs that we create and/or drop or attempt to drop into your Digital Wallet. We also cannot retrieve or transfer any contents of your Digital Wallet. Your use of any Digital Wallet is solely at your own risk. To the fullest extent permitted by law, we accept no responsibility for, or liability to, you, in connection with your use of any Digital Wallet (including with respect to the contents of any Digital Wallet), and, to the fullest extent permitted by law, make no representations or warranties regarding how or whether our services will operate with any specific Digital Wallet, or with any specific blockchain.
Your Content: You are responsible for any Content you provide to the Community, including compliance with applicable laws and regulations applicable to you. You should only provide Content that you are comfortable sharing with others, including but not limited to us and other members of the Community.
Your use: You are responsible for your use of the Community and its services, including compliance with any applicable laws and regulations applicable to you.
Your reliance: Any reliance on or engagement with any Content or materials posted in the Community or via its services, or obtained by you through the Community or its services, is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted in the Community or via its services, or endorse any opinions expressed in the Community or via its services. You understand that by using the Community and its services, you may be exposed to Content that might be offensive, harmful, inaccurate, inappropriate, or fraudulent. You may be exposed to Content that has been mislabeled or is otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted in the Community or via the services, unless obligated by law. We do not take responsibility for Content or your engagement with it, regardless whether we have attempted to monitor or control it.
9. Prohibited activities
There are several activities which are expressly prohibited in the Community. You must agree to not engage in the following activities, otherwise we will not provide the Community / services to you:
● Unauthorized account / Profile creation: You cannot create an account / Profile for the Community for someone other than yourself unless you have their express permission. You cannot create accounts / Profiles in an automated way without our express permission. You cannot create an account / Profile for the Community that otherwise violates these GTC.
● Impersonation: You cannot impersonate another person or entity, and you cannot provide inaccurate information about yourself or others through the Community or its services.
● Unlawful activity: You cannot use your account to do anything unlawful, misleading, or fraudulent, or for an illegal or unauthorized purpose based on the laws of the jurisdiction(s) applicable to you.
● Interference with our Community and its services: You cannot interfere with our provision of our Community and its services or impair the intended operation of our Community and its services, nor can you disrupt other users attempting to access our Community and its services, or any of our hosts or networks. Interferences and disruptions include sending a virus, overloading, flooding, spamming, or creating automated Content in such a manner that overloads or imposes an undue burden on our Community and its services. Consistent with this requirement, you cannot misuse any reporting or dispute channel, including by creating groundless or fraudulent reports or pursuing groundless or fraudulent disputes.
● Information collection: You cannot attempt to access or collect information in unauthorized ways based on the GTC contained herein. You also may not collect information in an automated way without our express permission.
● Posting about others / violating others’ rights: You cannot post to the Community or otherwise use in the Community someone else’s private or confidential information without their express permission. You may not engage in any activity in the Community that violates someone else's rights (regardless whether that person is a member of the Community), including intellectual property rights.
● Manipulating our Community or its services: You can’t modify, translate, create derivative works of, or reverse engineer our Community or its services, or their components.
10. Content ownership and licensing
Content ownership: We do not claim ownership of Content you post on the Community or elsewhere using the services, nor do we intend to interfere with your ownership of your Content. You are free to share your Content with anyone else, wherever and however you want.
Your representations and warranties: You represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights you are granting herein for any Content that you submit, post or display on or through the services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
11. Permissions you grant to us
Visible Profile: You give us permission to show to other Community members your Profile page, including but not limited to your username, Profile picture, personal and other geographic information, that you choose to share with the Community, information about your past actions in the Community, information about your experiences with and purchases related to us and our creative work, your relationships with other Community members, and other information that you choose to share on your Profile page, without any compensation to you.
Changing your username: You give us permission to change your username for your account if we think it is appropriate or necessary to do so. For example, we may change your username if it infringes on someone else’s intellectual property or impersonates another Community member or is forbidden to use by law.
12. Additional rights we retain
Content incorporating our intellectual property: If you use or make available Content that implicates our intellectual property rights (for example, images, designs, videos, sounds, music, or data that we provide and that you incorporate into Content you share), we retain all rights to our Content (but not yours).
Source code: You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Removing Content: We reserve the right to remove Content for no or any reason, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
Terminating the Services: We reserve the right to suspend or terminate the services, the Community, at any time and for any or no reason.
Terminating your account: We reserve the right to suspend or terminate your account at any time and for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these GTC, (ii) your account has been associated with unlawful conduct, (iii) you possible legal or reputational exposure for us; or (iv) our provision of the Community and its services to you is no longer commercially viable. We will make reasonable efforts to notify you if your account is being terminated by email to the email address associated with your account.
The following definitions apply to these Generals Terms And Conditions:
“Content” means materials, art, design, drawings, images, photos, music, audio, videos, links, polls, text, messages, comments, data, or other assets (in any form or media) made accessible within the Community by you, us or others.
“Digital Wallet” means a digital wallet that allows you to access blockchain assets, including cryptocurrencies and/or NFTs. This includes those offered by third-parties, such as Magic, Metamask, Rainbow, Coinbase Wallet, and Trust Wallet. If you use such Digital Wallets, please acknowledge their terms & conditions as well as their privacy policies.
14. Changes To The GTC and the Parcel’s Community Website / Updates
(1) To the extent this does not unreasonably discriminate or disadvantage you, we may modify the GTC, in whole or in part, at any time due to any of the following reasons: For legal or regulatory reasons; for security reasons; to further develop or optimize existing features of the Parcel's Community Website or its services, as well as to add additional features, to reflect technical progress and make technical adjustments; and to ensure the future functionality of the Community. If we make changes to our GTC, we will give you a reasonable notice and inform you of your rights. You may terminate your account at any time. If any modification is declared invalid, void or unenforceable for any reason, the validity and enforceability of the remaining modifications or conditions shall not be affected. Notwithstanding the foregoing, we reserve the right to make changes to the Parcel's Community Website and its services at any time. Such changes are free of charge for you.
(2) For products purchased hereunder that contain digital elements, we shall provide the following types of updates: (i) if applicable, updates specified on the product information page when you purchased the product; and (ii) updates required by law, including to ensure compliance of such products.
We (or a relevant third party) may provide you with additional updates regarding such products from time to time to, among other things: (i) offer or improve new features, designs, interfaces and/or functionality; (ii) make minor technical changes; and/or (iii) comply with legal or security requirements as reasonably deemed necessary by us (or a relevant third party). Some of these updates may not be necessary to ensure product compliance. By accepting our GTC with regard such purchase, you agree that these updates may be provided to you. We are only obliged to provide such upates while we provide the Community but not longer than 1 (one) year after the purchase
You agree that such updates may run automatically without any action on your part. If an update does not run automatically, it will not run until you install it. You acknowledge that the performance or functionality of relevant products may be affected if updates are not installed timely or properly. We are not liable for any lack of compliance based on your failure to properly install updates.
We provide our Community and its services on an "as is" basis, and we can't guarantee that the Community and our services will be safe or will work perfectly all the time.
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We cannot control what Community members or others do or say. We cannot be responsible for their actions or yours, or Content that they or you share in the Community or via its services (including unlawful or objectionable content). We cannot be responsible for goods, services, products, experiences, or features offered by other people or entities, even if you access them through the Community or via our services.
16. Limitation of liability
(1) Claims for damages are generally excluded. This does not apply to claims for damages arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of obligation by us, our legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the agreement.
(2) In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of an item. The same shall apply insofar as we have reached an agreement with you on the quality of the item. The provisions of the German Product Liability Act shall remain unaffected.
You agree to defend (at our request), indemnify and hold us and Medallion Arts Inc. (the platform provider that hosts the Community and serves as a data processor to us) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these GTC or your use of the Community or its services more broadly. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
18. Data Protection
When handling your personal data, the we shall comply with all provisions of the German Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the Telecommunications Telemedia Data Protection Act (TTDSG) or other applicable data protection laws. We are entitled to collect, process and use all data relating to the business relationship with you in compliance with these laws.
19. Choice of Law and Place of Jurisdiction
This Agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980).
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract, including its effectiveness, shall be our registered office, to the extend legally possible.
20. Final Provisions
The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/.
We are not obligated or willing to participate in a dispute resolution procedure pursuant to the German Consumer Dispute Resolution Act (VSBG).
No verbal or written collateral agreements have been made.
The assignment of your rights under this contract or the transfer of this agreement to third parties requires our prior written consent. This also applies to the assignment of any payment claims, if any. Nevertheless, we are entitled to transfer any rights from this contract or the entire contract to third parties.