General Terms and Conditions of the Online Shop troubadisc.de
§ 1 General
(1) Ms Eggebrecht-Kupsa, acting for business purposes under the designation TROUBADISC Musikproduktion, Wessobrunnerstr. 37, 81377 Munich, Germany, (hereinafter also referred to as the „Shop Operator"), offers goods, in particular sound carriers, for sale an the websites.
(2) The performances of the Shop Operator shall exclusively be subject to the present General Terms and Conditions. Any deviation general terms and conditions or terms and conditions of purchase of the customer are hereby rejected.
§ 2 Instruction Concerning Right of Revocation
Right of Revocation
You may revoke your contractual agreement within 14 days in writing (e.g. letter, fax, e-mail) without having to provide any reasons or — if the product is placed at your disposal prior to the expiry of this period — by returning the delivery in full. The period for revocation shall begin upon receipt of this notification in written form, however, not prior to the receipt of the products by the Customer (in the case of recurring deliveries of the same product type not before receipt of the first partial delivery) and not before we have fulfilled our obligations to provide information in accordance with Section 246 Art. 2 in conjunction with Art. 1 Paragraph 1 and 2 of the Introductory Act to the German Civil Code ("EGBGB") as well as our duties under Art. 312g Paragraph 1 Sentence 1 of the German Civil Code (BGB) in conjunction with Section 246 Art. 3 EGBGB. The revocation period shall be deemed to have been observed by timely sending the revocation notice or dispatching the good. The letter of revocation is to be sent to:
Telefax: 089 710 008 50
Consequences of Revocation
In the case of an effective revocation, the services received by either party shall be returned, and any benefits that may have been accrued (for example interest) shall be released. If you are not able to reimburse and/or return to us the entire or part of the performances and benefits received (e.g. benefits of use) or only in a deteriorated condition, you may be required to pay compensation to the value of the loss. You will be obliged to compensate us for any loss of value for the deterioration of the goods and for any benefits received only if the use or the deterioration is due to the improper Lise of the goods which goes beyond the examination of the properties and the functionality. The term "examination of the properties and the functionality" means the testing and trying out of the respective goods, as this is possible and a common practice in a shop, for example. Products suitable for delivery by parcel are to be returned at our risk. You have to pay the regular costs of the return shipment given that the delivered products are in conformity with the ordered products and if the price of the returned products does not exceed an amount of EUR 40.00 or if you have not rendered the trade-off or a contractual agreed partial payment at the time of the revocation and at a higher product price. In any other case, you may return the products free of charge for you. Products that are not suitable for consignment by parcel post shall be collected at your premises. Any obligations to make compensation payments have to be fulfilled within 30 days. The period for you shall begin after you have sent your revocation notice or shipped the products, for us, after we have received them.
End of the revocation instruction
§ 3 Exclusion of the Right of Revocation
(1) If the Customer does not make a purchase as a consumer (Art. 13 BGB), but, for example, as an entrepreneur (Art. 14 BGB), a legal entity under public law or a special fund under public law, then the Customer shall not be entitled to the right of revocation in accordance with Art. 2.
(2) Furthermore, the right to revocation shall — even for consumers (Art. 13 BGB) — not exist for agreements
1. for the delivery of goods, which are made according to the specifications of the Customer or are clearly tailored to the personal needs or which are not suitable for a return due to their condition or are perishable or whose expiration date would be exceeded, or
2. for the delivery of audio and video recordings or of software to the extent that the data carriers delivered have been unsealed by the Customer.
§ 4 Prices
The offered goods and their shipment shall be subject to the prices presented on our websites and applicabie at the time the order is placed. The stated prices shall be final consumer prices, including the statutory value added tax.
§ 5 Contract Conclusion
(1) The Shop Operator's product descriptions on the website shall not yet be deemed to constitute a binding offer.
(2) After entering his or her personal data, verifying the accuracy of his or her information on the following overview page and by confirming the order in the final step of the order process, the Customer shall submit a binding purchase offer for the goods contained in the shopping cart. The Customer shall be bound to the offer until the expiry of the tenth working day following the day the offer was submitted. In the event that the order has been successfully transmitted, the Customer shall receive an e-mail confirming the receipt of the order by the Shop Operator and providing the Customer with any and all information necessary for the order as well as the ordered goods. This e-mail confirmation shall not yet be deemed to be a binding acceptation of the order. The e-mail confirmation shall only constitute a declaration of acceptance if this has been explicitly declared by the Shop Operator. However, conclusion of the contract and therefore a binding contractual commitment regarding the individual performances shall be deemed to have been effected if the Shop Operator explicitly accepts the purchase offer by means of a confirmation of the order or by concludent behaviour, in particular by the preparation of the delivery of the goods.
(3) The customer may cancel the order at any time by clicking on the "Cancel" and/or "Back" buttons as well as by closing the browser window. The overview page displayed before the order is placed shall enable the Customer to again check his or her information for typing errors and to correct them in the event of any typing errors after clicking on the "Back" button. The contract conclusion shall exclusively be possible in the German language. The order shall be saved by the Shop Operator, sent to the Customer via the e-mail confirmation, and a copy of the order may be transmitted to the Customer in the event the documents should get lost upon the Customer's written request.
§ 6 Terms of payment, Shipment and Reservation of Title
(1) Subject to any deviation regulation in individual cases, the payment and the shipment shall be subject to the following provisions:
a) The payment shall exclusively be made by bank transfer in advance, by transfer or credit card or ¬in the case of a delivery within Germany - by cash on delivery.
b) In the case of a payment by advance payment, the shipment of the goods to the Customer's shall take place after receipt of the transfer amount; in the case of a payment by cash an delivery, after conclusion of the contract. The costs for the dispatch shall be borne by the Customer. The shipment shall generally be made only within the European Union. If, in individual cases, the shipment is made to a country outside the European Union, then the Customer shall be responsible for the proper customs clearance and shall bear the costs for this.
c) In the case of a revocation an the part of the Customer in accordance with Art. 2, the Customer shall bear the costs for the return if the goods delivered correspond to the goods ordered and if the price of the items to be returned does not exceed an amount of EUR 40.
The terms of payment and dispatch in the online oller may be regulated differently from the previous paragraphs. In this case, the regulation an our web pages shall apply.
(2) If, in individual cases, delivery against invoice has been agreed upon, then any and all invoice amounts are to be paid 14 days following receipt of the invoice at the latest.
(3) In the event of default in payment, the Customer, the consumer, shall be obliged to pay to the Shop Operator default interest in the amount of five (5) percentage points above the base interest rate, unless the Shop Operator is able to prove a higher damage. In the case of customers who are entrepreneurs, Sentence 1 shall apply to the extent that the default interest amounts to eight (8) percentage points above the base interest rate.
(4) The delivered goods shall remain the property of the Shop Operator until they have been paid in full.
(5) If, in connection with the Customer's order, the Shop Operator concluded an agreement an the delivery of the goods with her supplier (so-called "hedging transaction") and if the Shop Operator's supplier fails to comply with his or her delivery obligation arising out of the hedging transaction, then the Shop Operator may withdraw from the purchase agreement by means of a corresponding declaration to the Customer. The Shop Operator shall be obliged to inform the Customer about the unavailability without delay and to reimburse in this case to the Customer any payments already made or any other return services of the Customer without delay.
§ 7 Warranty
(1) The Customer shall inform the Shop Operator about any defects regarding the goods, and the goods shall be returned to the Shop Operator at the expense of the Shop Operator. Since carriage forward shipments involve high additional costs, the Customer should not choose this mode of shipment; the Shop Operator shall thus reimburse to the Customer the costs of dispatch without delay and also disburse these costs in advance upon special request by the Customer.
(2) The Shop Operator's warranty shall be determined by the Articles 433 et seqq. BGB. If the Customer makes any purchase as an entrepreneur, the warranty shall be limited to a period of one year, and the Shop Operator shall be entitled to repair or resupply the goods at her discretion.
§ 8 Liability
(1) The Shop Operator shall be liable for damages or compensation for expenses incurred in vain, an any legal grounds whatsoever (e.g. from contractual obligations under legal or similar transactions, breaches of obligations or tortious acts), only to the following extent:
a) Liability based an intent and warranty shall be without limitation.
b) In the event of gross negligence, the Shop Operator shall be liable towards companies in the amount of the typical damage which was foreseeable at the time of conclusion of the contract. Vis-ä¬vis consumers, the Shop Operator shall be liable without limitation.
c) Liability for slight negligence shall be excluded. In the event of any violation of an obligation that is essential to the contract and the fulfilment of which is essential for the due implementation of the contract in the first place and on which the contractual partner can reasonably expect to be able to rely (so-called cardinal obligation), the Shop Operator shall be liable, however, in the amount of the typical damage which was foreseeable at the time of conclusion of the contract.
d) if the Shop Owner is in delay with her service, then the Shop Operator shall also be subject to unlimited liability for this service in accidental cases, unless the loss would have also occurred if the service had been provided on time.
(2) In so far as the Shop Operator's liability is excluded or limited, this shall also apply to the personal liability of the Shop Operator's employees, representative and vicarious agents.
(3) As regards any damage arising from injury to life, body and health, and in the event of any claims falling under the German Product Liability Act, the legal regulations shall apply.
§ 9 Data Protection
The Shop Owner shall comply with any and all requirements under data protection law, in particular the provisions of the Federal Data Protection Law and the German Telemedia Act. The Customer's data shall be collected and processed only to carry out the respective order and shall not be transferred to any third parties.
§ 10 Final Provisions
This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention and the conflicts of law rules (CISG). The place of performance and the place of jurisdiction for any and all disputes arising from or in connection with this agreement in the case of agreements concluded with merchants, legal entities under public law or special funds under public law shall be 81377 Munich, Germany.
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