Terms of service

Last updated: August 11, 2026

1. Scope and Contracting Party

These Terms and Conditions apply to all orders placed through the official Mental Cruelty online store at:

The seller and contracting party is:

Blasphemous Arts Entertainment GbR
Hohbergstraße 17
76337 Waldbronn
Germany

Blasphemous Arts Entertainment GbR operates the official website and online store of the band Mental Cruelty. In these Terms and Conditions, Blasphemous Arts Entertainment GbR is also referred to as “we”, “us” or “our”.

A “consumer” is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. A “business customer” is a natural or legal person or a partnership with legal capacity acting in the course of its trade, business or profession.

These Terms and Conditions apply to consumers and business customers unless a provision expressly distinguishes between them.

Any conflicting or supplementary terms and conditions submitted by a business customer will only apply if we have expressly agreed to them in writing or in text form.

2. Products and Product Information

The products available in our online store are presented through product descriptions, photographs and other information on the relevant product pages.

We make reasonable efforts to display product colours, designs, dimensions and other characteristics accurately. The appearance of a product may nevertheless vary slightly depending on the display, device settings or lighting conditions used to view it. Such technically unavoidable minor variations do not affect your statutory rights where the delivered product does not conform to the contract.

The principal characteristics, available sizes, materials, contents and other relevant properties of each product are shown on the respective product page.

Product presentations in our online store do not constitute a legally binding offer. They are an invitation for you to submit an order.

Products are available only while stocks last. Information about availability is provided on the relevant product page. We may apply reasonable quantity limits where this is necessary to ensure fair availability, prevent fraud or prevent purchases for unauthorised commercial resale.

3. Ordering Process and Conclusion of the Contract

You may select products and add them to your shopping cart without submitting a binding order.

Before placing your order, you can view the contents of your shopping cart, remove products, change quantities and correct the information entered during checkout. The checkout process provides technical means for identifying and correcting input errors before the order is submitted.

The ordering process generally consists of the following steps:

selecting products and adding them to the shopping cart;
opening the shopping cart and proceeding to checkout;
entering or confirming your contact, billing and delivery information;
selecting or confirming the available shipping option;
selecting PayPal as the payment method;
reviewing the order summary, total price, shipping costs and other information;
accepting these Terms and Conditions where requested; and
submitting the order by clicking the button clearly indicating that the order creates an obligation to pay, such as “Pay now”, “Buy now” or equivalent unambiguous wording.

By submitting the order, you make a binding offer to purchase the products shown in the order summary.

We will send an electronic confirmation after receiving your order. Unless expressly stated otherwise in that confirmation, an automated acknowledgement of receipt only confirms that we have received the order and does not yet constitute acceptance.

The purchase contract is concluded when we expressly accept your order by email or send you a shipping confirmation, whichever occurs first. If we do not accept your order, any payment already collected will be refunded without undue delay.

We may decline an order where there is a legitimate reason to do so, particularly if:

the product is no longer available;
the payment cannot be authorised or completed;
the information supplied for the order is materially incomplete or incorrect;
there are reasonable indications of fraud, misuse or unauthorised commercial resale;
a technical error resulted in an obviously incorrect price or product description.

We will notify you without undue delay if an order cannot be accepted.

The contract languages available are English and German.

We store the contract information in accordance with applicable legal retention obligations. Your order information will be sent to you electronically. You can save or print these Terms and Conditions before placing your order. The current version is also available through our website.

4. Prices and Shipping Costs

All prices displayed to consumers are total prices in euros and include value-added tax where legally applicable.

Shipping costs are not included in the product price unless expressly stated otherwise. The applicable shipping costs are displayed during checkout before you submit the order.

The total price, including any applicable taxes and shipping costs charged by us, is shown in the final order summary before you place the order.

The price applicable to your order is the price displayed at the time the order is submitted. Subsequent price changes do not affect orders for which a contract has already been concluded.

For deliveries to countries outside the European Union, additional import duties, taxes, customs fees or handling charges may be imposed by the destination country. Unless expressly stated otherwise, these charges are not collected by us and must be paid by the recipient to the competent authorities or service providers.

You are responsible for checking the import rules applicable in the destination country. This does not limit any mandatory information obligations or statutory rights that apply to your order.

Promotions, vouchers and discount codes may be subject to additional conditions stated in connection with the relevant promotion. Unless stated otherwise, discount codes cannot be exchanged for cash and cannot be combined.

5. Payment

Payment is made exclusively through PayPal.

The PayPal service is provided by:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22–24 Boulevard Royal
L-2449 Luxembourg

To complete the payment, you may be redirected to PayPal or asked to authenticate the payment through PayPal’s services. PayPal’s contractual and privacy terms apply to your use of PayPal.

The purchase price is due when you place the order. If PayPal does not authorise or complete the payment, we are not required to dispatch the order.

We do not receive your PayPal login credentials or complete bank or payment card details.

Further information about the processing of personal data in connection with PayPal is available in our Privacy Policy:

https://mentalcrueltyofficial.com/policies/privacy-policy

6. Delivery

We deliver to the countries and regions shown as available during checkout. If a delivery destination cannot be selected during checkout, we do not currently deliver to that destination.

Orders are shipped using:

DHL Paket GmbH
Charles-de-Gaulle-Straße 20
53113 Bonn
Germany

and/or

Deutsche Post AG
Charles-de-Gaulle-Straße 20
53113 Bonn
Germany

For international shipments, DHL Paket GmbH or Deutsche Post AG may use local postal services or delivery partners in the destination or transit country.

The applicable delivery period or estimated delivery period is displayed on the product page, during checkout or in our Shipping Policy. Unless a different delivery period has been agreed or clearly stated, deliveries to consumers will be made without undue delay and no later than 30 days after conclusion of the contract.

Delivery periods stated as estimates may be affected by weekends, public holidays, customs clearance and circumstances outside our reasonable control. Your statutory rights in the event of delayed delivery remain unaffected.

We may make partial deliveries where this is reasonable for you. We will not charge consumers additional shipping costs as a result of a partial delivery initiated by us.

If a delivery fails because you provided an incorrect or incomplete delivery address or culpably failed to accept the shipment, we may charge you the reasonable additional costs actually incurred for a renewed delivery. This does not apply where you were temporarily prevented from accepting the delivery through no fault of your own or where the additional costs are otherwise attributable to us.

7. Transfer of Risk

For consumers, the risk of accidental loss of or damage to the goods generally passes to you when you, or a third party designated by you other than the carrier, takes physical possession of the goods.

The risk passes to a consumer upon handover to the carrier only where the consumer independently instructed the carrier and we had not previously named that carrier as an available shipping provider.

For business customers, the statutory rules governing the transfer of risk in a shipment purchase apply.

8. Retention of Title

The goods remain our property until the purchase price has been paid in full.

For business customers, we retain title to the goods until all outstanding claims arising from the ongoing business relationship have been settled.

9. Statutory Right of Withdrawal; No Voluntary Returns or Exchanges

Consumers generally have a statutory right to withdraw from a distance contract within 14 days without giving a reason.

Detailed information about:

the conditions and time limit for exercising the right of withdrawal;
the procedure for exercising the right;
the consequences of withdrawal;
the return of goods;
the model withdrawal form; and
any statutory exceptions from the right of withdrawal

is provided in our Cancellation and Returns Policy:

https://mentalcrueltyofficial.com/policies/refund-policy

The Cancellation and Returns Policy forms part of the pre-contractual consumer information and does not limit any mandatory statutory rights.

No Voluntary Returns or Exchanges

We do not offer voluntary returns or exchanges beyond the statutory rights described in this section.

In particular, we are not obliged to accept a return after the statutory withdrawal period has expired merely because:

you no longer want the product;
you ordered the wrong size;
the product does not meet your personal preferences; or
you wish to exchange the product for a different size, colour or product.

During the statutory withdrawal period, consumers may exercise their right of withdrawal without giving a reason. This also applies if a consumer ordered the wrong size or changed their mind, unless a statutory exception from the right of withdrawal applies.

We do not offer direct exchanges. If you validly withdraw from a purchase within the statutory withdrawal period, you may place a new and separate order for a different size or product, subject to availability.

This exclusion of voluntary returns and exchanges does not affect:

the statutory right of withdrawal;
statutory rights relating to defective goods;
claims concerning damaged or incorrectly supplied goods;
any other rights that cannot legally be excluded or restricted.

Return Costs

Consumers bear the direct cost of returning goods following a statutory withdrawal.

This does not apply if:

we have expressly agreed to bear the return costs;
the goods are defective;
the goods were damaged before the risk passed to the consumer;
we supplied the wrong product; or
mandatory law requires us to bear the costs.

Where a return is required because goods are defective, damaged or incorrectly supplied, we will bear the necessary and reasonable return costs in accordance with applicable law.

Exceptions From the Right of Withdrawal

The statutory right of withdrawal does not apply, or may expire early, in the cases specified by law. This may include, in particular:

goods that are made to the consumer’s specifications or clearly personalised;
sealed audio or video recordings where the seal has been removed after delivery;
sealed goods that are not suitable for return for reasons of health protection or hygiene where the seal has been removed after delivery;
other products or contracts expressly excluded from the statutory right of withdrawal under applicable law.

The absence or loss of the right of withdrawal for a particular product will be communicated before the order is placed where required by law.

Electronic Withdrawal Function

Where required by Section 356a of the German Civil Code, an electronic withdrawal function labelled “Withdraw from contract”, “Cancel contract” or with equivalent unambiguous wording will be made continuously and prominently available through the online interface during the applicable withdrawal period.

The electronic withdrawal function is an additional way to exercise the right of withdrawal. Consumers may also exercise their right by sending us an unambiguous withdrawal statement by email or post.

Details of the procedure, return address, refund process and model withdrawal form are provided in our Cancellation and Returns Policy.

10. Statutory Rights in the Event of Defects

The statutory rights concerning defective goods and lack of conformity apply without restriction.

For consumers, goods must conform to the agreed requirements as well as the applicable objective and assembly requirements under German law.

If goods are defective, consumers may initially request repair or replacement in accordance with the statutory rules. Where the statutory requirements are met, consumers may also reduce the price, withdraw from the contract and/or claim damages or reimbursement of expenses.

The statutory limitation period for claims concerning defects in newly manufactured goods is generally two years from delivery to the consumer.

Any commercial guarantee is provided only where it is expressly stated on the relevant product page or in a separate guarantee declaration. A commercial guarantee does not limit statutory rights concerning defective goods.

Please contact us at info@mentalcrueltyofficial.com if you receive a defective, damaged or incorrect product.

11. Customer Accounts

Where customer accounts are available, you must provide accurate and complete information and keep that information up to date.

You are responsible for keeping your login credentials confidential and protecting them against unauthorised access. Please notify us without undue delay if you become aware of unauthorised use of your account.

You may not transfer or sell your customer account to another person.

We may temporarily restrict or close an account where there is a legitimate reason, particularly in the event of fraud, misuse, a material breach of these Terms and Conditions or an attack on the security of the website. Where reasonable, we will notify you in advance and provide an opportunity to respond.

Restricting or closing an account does not affect purchase contracts already concluded or mandatory statutory rights.

Minors may place orders only where they are legally permitted to do so and, where required, with the consent of their legal representatives.

12. Permitted Use of the Website

You may use the website for lawful personal or business purposes in accordance with these Terms and Conditions.

You must not use the website in a way that:

violates applicable law or the rights of another person;
infringes copyrights, trademarks or other intellectual property rights;
introduces viruses, malicious code or other harmful technology;
interferes with the security, integrity or availability of the website;
attempts to gain unauthorised access to systems, accounts or data;
collects personal data about other users without a valid legal basis;
uses the website to send spam, fraudulent messages or unlawful advertising;
deliberately circumvents effective technical protection or access restrictions.

We may take reasonable technical measures to protect the website against automated attacks, excessive requests, unauthorised scraping and other uses that threaten its security or availability.

These provisions do not prohibit access or use permitted by mandatory law.

13. Intellectual Property

The content made available through the official Mental Cruelty website and online store may include text, photographs, artwork, graphics, logos, trademarks, music, audio, video, designs and software.

This content is protected by applicable copyright, trademark and other intellectual property laws. Depending on the relevant content, the rights may be held by Blasphemous Arts Entertainment GbR, members of Mental Cruelty or other licensors and rights holders.

You may use the website and its content for your personal, non-commercial purposes.

Unless permitted by law or authorised by the relevant rights holder, you may not reproduce, distribute, publish, commercially exploit, modify or make substantial parts of the website content publicly available.

“Mental Cruelty”, associated logos, artwork and other protected designations may not be used in a manner suggesting sponsorship, endorsement or affiliation without the permission of the relevant rights holder.

Nothing in these Terms and Conditions transfers any intellectual property rights to you.

14. Third-Party Links and Services

Our website may contain links to websites and services operated by third parties, including PayPal, Shopify, DHL and Deutsche Post.

The relevant third party is responsible for its own website and services. The third party’s contractual and privacy terms may apply when you use those services.

We are responsible for third-party content only to the extent required by applicable law. This section does not exclude or limit liability where liability cannot legally be excluded or limited.

15. Relationship with Shopify

Our online store is technically hosted and operated using Shopify’s e-commerce platform.

Shopify is not the seller of the products offered in the Mental Cruelty online store. Purchase contracts are concluded exclusively between you and Blasphemous Arts Entertainment GbR.

Questions, complaints, withdrawal statements and defect claims concerning products purchased from our store must therefore be directed to us using the contact information provided in these Terms and Conditions.

Shopify’s own terms may additionally apply where you independently use a service provided directly by Shopify, such as a Shop account.

16. Data Protection

Information about how we process personal data, the recipients of personal data and your rights under the GDPR is available in our Privacy Policy:

https://mentalcrueltyofficial.com/policies/privacy-policy

The Privacy Policy does not form part of these contractual Terms and Conditions unless mandatory law provides otherwise.

17. Liability

We are liable without limitation:

for damage caused intentionally or through gross negligence;
for damage resulting from injury to life, body or health caused intentionally or negligently;
under the German Product Liability Act;
where we have fraudulently concealed a defect;
where we have expressly assumed a guarantee;
in all other cases where liability cannot legally be excluded or limited.

In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are obligations whose performance is necessary for the proper fulfilment of the contract and on whose performance the customer may ordinarily rely.

Subject to the preceding provisions, liability for damage caused by slight negligence is excluded.

These limitations also apply to the personal liability of our legal representatives, partners, employees and agents.

The statutory rules concerning the burden of proof remain unaffected.

18. Events Outside Our Reasonable Control

We are not liable for a failure or delay in performing an obligation where the failure or delay is caused by an event outside our reasonable control and we could not reasonably have prevented or overcome its effects.

This may include natural disasters, war, terrorism, industrial disputes not caused by us, serious transport disruption, official measures or widespread failure of communications or energy infrastructure.

We will inform affected customers where reasonably possible and take reasonable measures to limit the consequences.

Mandatory statutory rights, including consumer rights concerning delayed or failed delivery and refunds, remain unaffected.

19. Consumer Dispute Resolution

We are neither willing nor legally obliged to participate in dispute resolution proceedings before a German consumer conciliation body.

This does not restrict your right to contact us directly, lodge a complaint with a competent authority or bring a claim before a competent court.

20. Governing Law and Jurisdiction

The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law applies only to the extent that it does not deprive the consumer of mandatory protections provided by the law of the country in which the consumer has their habitual residence.

The statutory rules concerning jurisdiction apply to consumers.

For business customers, legal entities under public law or special funds under public law, the courts at our registered place of business have exclusive jurisdiction to the extent legally permitted.

21. Amendments to These Terms

The version of these Terms and Conditions in effect when an order is placed applies to that order.

We may amend these Terms and Conditions for future orders where this is necessary due to changes in our services, business processes or applicable law. Amendments will not retroactively change contracts already concluded unless the customer expressly agrees or mandatory law permits the change.

The current version is available on our website. The date at the beginning indicates when these Terms and Conditions were last updated.

22. Severability

If an individual provision of these Terms and Conditions is wholly or partly invalid or unenforceable, the remaining provisions remain unaffected.

The relevant statutory provision will apply in place of the invalid or unenforceable provision.

23. Contact Information

Questions, complaints, withdrawal statements and notices concerning these Terms and Conditions or an order may be sent to: