Terms and Conditions
2. Starting materials
The initial materials to be procured by the customer, in particular masterbands, must be delivered free of charge to us in perfect condition. The starting materials are then in an impeccable condition when they are deficient. The production templates are processed in an identical form. A review regarding function and format is not part of this contract, unless this is agreed separately.
If, on our part, we are concerned about the usability of the raw materials, we will notify the customer that he has to procure new raw materials without delay.
The client bears the risk and costs of transporting data carriers, files and data online and offline.
In the case of a loss caused by us or damage caused to us by the materials handed over to us, we are only liable for the material value.
All raw materials stored in our warehouse, which have not been used for at least twelve months, will be returned or destroyed by the customer. The customer bears the costs for this.
We are not responsible for the content of products ordered. In particular, we are not obligated to accept orders for illegal contents (for example xenophobic, violence-promoting, right-radical or pornographic content). In such cases, we shall be entitled to withdraw from the entire order, which shall be reimbursed by the customer.
If we are made liable for damages by third parties on the basis of the above-mentioned contents, we are entitled to demand indemnity and damages from the customer.
3. Rights of third parties
The client guarantees, with regard to the raw materials to be procured by him, that he has full access to the necessary copyrights for copying and exploitation, in particular the rights exercised by GEMA. The client will provide the audio service with a copy of GEMA’s license with respect to the copies to be produced, as well as in the case of a repertoire which is not represented by GEMA, proof of proprietary rights or licensing. In the event that we are used by third parties (including the GEMA) for the alleged violation of third party rights, the client will release audio services from these claims in full and reimburse the necessary costs of legal defense.
4. Right of revocation for consumers
You can revoke your declaration of the contract in writing (eg letter, fax, e-mail) within 14 days without giving any reasons or – if the matter is left to you before the deadline – by returning the goods. The period begins upon receipt of this instruction in text form but not before receipt of the goods by the consignee (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information requirements pursuant to Article 246 § 2 in conjunction with § 1 para (1) and (2) of the German Civil Code as well as our obligations pursuant to § 312g (1) sentence 1 BGB in conjunction with Article 246 (3) of the German Civil Code. The timely dispatch of the revocation or of the goods is sufficient to ensure the revocation period. The revocation must be sent to:
04155 Leipzig, Germany
In the case of an effective revocation, the services received at both ends must be returned and any benefits (eg interest) drawn. If you can not or do not return or receive the received performance as well as usages (e.g., advantages of use) or only in a deteriorated condition, you must provide us with this information. For the deterioration of the goods and for drawn uses, you must only pay the value of the goods, as far as the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the function. “Testing the characteristics and the mode of operation” means testing and testing the goods, as is possible and customary in the store business. Transportable items are to be returned at our risk. You must pay the regular cost of the return if the delivered product corresponds to the ordered and if the price of the returned item does not exceed an amount of 40 Euro or if you at a higher price of the thing at the time of the revocation not yet the consideration or a Contractually agreed partial payment. Otherwise, the return is free for you. Non-package items will be collected from you. Obligations to reimburse payments must be met within 30 days. The period begins for you with the sending of your declaration of revocation or the thing, for us with their receipt.
End of revocation
The right of revocation does not exist in contracts for the delivery of goods, which are made according to customer specifications or are clearly tailored to the personal requirements.
5. Costs of return according to § 357 para. 2 sentence 3 BGB
In the case of a revocation, you have to bear the regular costs of the return if the delivered goods correspond to the ordered and if the price of the returned item does not exceed an amount of 40 euros or if you at a higher price of the thing at the time of the revocation not yet The consideration or a contractually agreed partial payment. Otherwise, the return is free for you.
We hereby inform you in accordance with the Telemediengesetz (German Telemedia Act) that we collect, process and use personal data by electronic data processing (EDP) in the scope required for the purpose of establishing, structuring or amending the contract. In addition, we do not pass on your data to third parties! For information or information, please contact us, as indicated in the provider identification or the imprint.
7. Prices, shipping charges and terms of payment
All prices include VAT. All prices are ex warehouse inclusive of packing and plus all arising shipping costs. Please refer to the Shipping Costs section for a list of shipping costs.
Please refer to the Shipping Information section for payment details
8. Extensions of the delivery period
If we are unable to meet the agreed delivery period, we shall notify the customer in good time. Faults in our business which are not to be repre- sented by us or in the case of subcontractors, especially work stoppages and legal lockouts as well as cases of force majeure, extend the delivery time according to the duration of the fault. In such cases, the customer shall only be entitled to rescind the contract if he has notified the agreed services after expiry of the delivery period, set a reasonable deadline and the appropriate period of grace has expired without success. If the delivery period is determined by the calendar year, the reasonable period of grace set by the customer begins and expires. The statutory right to compensation for damages shall remain unaffected.
9. Reservation of title
In the case of contracts with consumers, we retain ownership of the goods until the purchase price has been paid in full.
In the case of contracts with entrepreneurs, we reserve the right to ownership of the goods until the full settlement of all claims arising from the current business relationship.
10. Transfer of risk
The risk shall pass to the customer upon delivery of the goods sold.
11. Claims for Defects
11.1. The customer is entitled to the statutory claims for defects.
11.2. The claims for defects do not extend to damage caused by the customer, eg damage caused by natural wear and tear, improper handling or temperature or weather influences.
11.3. The statute of limitations shall be governed by statutory provisions.
12. Court of Jurisdiction
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. The validity of UN purchasing law is excluded. The place of performance and the court of jurisdiction are, if the customer is a merchant in the sense of the HGB or has no general court of jurisdiction in Germany, for all disputes arising out of the contractual relationship, including documentary processes, the place of business of the seller.