General Terms and Conditions
All supplies of the Klangfarbe GbR are liable to the following general terms and conditions. The customer accredits whose notice and his agreement. The contractual partner is: Klangfarbe GbR, Woldemarstr. 44, D-32756 Detmold - E-Mail: info@carpediem-records.de; CEO: Jonas Niederstadt & Tobia Menken - Sales Tax Identification Number: DE 256 786 253 Please use the given contact details as well for your questions and helpful suggestions.
I. Conclusion of the Contract
1. The customers ordering is taken for a binding employment. The act of sale comes about by our delivery of the customers order or by our acceptation within the time stated. The incoming orders e-mail does not constitute a declaration acceptance, as the Klangfarbe GbR reserves the right of assaying the ordering. Please check the obtained fulfilment confirmation for any failures or variations and contact us directly for any discrepancies (info@carpediem-records.de).
2. Merely your concrete order data will be stored. Please feel free to contact us by using the contact form on our website for changing your assigned address for your outstanding orders.
II. Prices, Postage and Packing Charges, Reshipment Costs
1. The stated prices contain the goods and services tax (GST). For postage and packing charges we calculate ? 2,50 for Germany, where furthermore shipment via charge forward is possibly for ? 7,50. For shipment within Europe we calculate ? 5,50 for postage and packing charges. We deliver all over the world for ? 9,00 postage and packing charges. The customer gets all subsequent deliveries postage free. If the customer declines acceptance of a subsequent delivery Klangfarbe GbR reserves the right to reclaim the originated additional charge. Starting with ? 30,00 we deliver postage free within Germany and the European Union via advance payment. Should in the course of shipping customs duties or the like accrue, these charges are for the customers account.
2. The customer has to bear the costs of the reshipment as long as the delivered products come up to the ordered.
III. Right of Withdrawal
The customer is authorized by § 312 d BGB to cancel the order within 14 days starting with our delivery. The cancellation does not have to have an explanatory statement and has to be made in written form or by returning the shipment to Klangfarbe GbR. The right of withdrawal does not exist in the cause of shipment of sealed sound, image or data carrier, if the customer unseals the delivered carriers. For shipments up to an amount of ? 40,00 (Switzerland: CHF 65,00) the customer has to bear the costs in the cause of a withdrawal, if the delivered goods accord to the ordered.
IV. Shipment, Caveat of Shipment
The ordered goods will be send to the denoted shipment address. Klangfarbe GbR reserves the right of contingent partial delivery. The shipment of stocked articles is carried out within two to three days, articles, which are not stocked, get shipped within ten days. The contemplated respites and deadlines are for information only and without responsibility. If an order cannot be shipped within four weeks since ordering, the customer is able to withdraw from his contract, as long as nothing else was agreed on. In case the ordered article is not available Klangfarbe GbR is not beholden to deliver.
V. Reservation of Proprietary Rights
The goods remain property of the Klangfarbe GbR until the complete payments did come in.
VI. Guarantee
The lawful guarantee averages two years and starts with delivery of the order. Within this time all defects being liable to the lawful guarantee will be corrected the way the customer wishes. The customer's guarantee claims at first are constricted to supplementary performance. If the supplementary performance failures the customer can choose diminution of the purchase price or rescission of the act of sale. In case of guarantee or affliction please contact in written form: Klangfarbe GbR, Woldemarstr. 44, D-32756 Detmold or use our e-mail-adress: info@carpediem-records.de
VII. Data Protection
All essential personal data for dealing with the act of sale will be provided to Klangfarbe GbR by the customer. Klangfarbe GbR uses, saves and processes the data for the accordingly dispatch of the act of sale and commits to observe the law of data protection. A utilization of any personal data for anything else but the accordingly order handling, like transferring the data to partner companies for the purpose of promotion, market research or individual constitution of our offers, needs the explicit consent of the customer.
VIII. Severability Clause, Court of Jurisdiction, Applicable Law
1. By ineffectiveness or by becoming ineffective of several terms of this general terms and conditions all other terms keep further on effective.
2. As court of jurisdiction for all litigations in connection with the present contract the domicile of Klangfarbe GbR is agreed on.
3. For legal transactions or any other legal connection to Klangfarbe GbR the German law is the exclusive applicable law to the exclusion of the law of the Convention on the International Sale of Goods (CISG), even if the order comes from abroad or the order is delivered abroad. Effective are in any case exclusive our German general terms and conditions.
Dataset: February 2008
