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Article 1 - Applicability
(1) The present General Terms and Conditions shall apply to all business relations between Cantate/Musicaphon Records and its customers, as defined at the time of conclusion of the contract and as far as these refer to business transactions carried out by electronic means.
(2) These General Terms and Conditions shall apply exclusively. Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by Cantate/Musicaphon Records in writing in individual cases.
Article 2 - Formation of Contract
(1) The description of our range of products in the internet only serves to inform the customers. It is no offer to conclude a contract within the meaning of Art. 145 German Civil Code. Contractual obligations, e.g. within the meaning of a delivery guarantee, do not arise from that for Cantate/Musicaphon Records.
(2) By sending an order to Cantate/Musicaphon Records, the customer offers to conclude a contract. The customer will then receive an e-mail or other message confirming receipt of the offer. If individual information on the range of products on the internet are faulty, Cantate/Musicaphon Recordsshall inform the customer separately after receipt of the order and submit an appropriate counter offer to him.
(3) The contract with Cantate/Musicaphon Recordsshall be brought about with Cantate/Musicaphon Recordsacceptance of this offer. The acceptance of the offer shall be subject to the proviso that the goods are actually available. A separate confirmation of the acceptance of the offer by Cantate/Musicaphon Recordsto the customer shall not be necessary. If Cantate/Musicaphon Recordscannot accept the offer of the customer, the customer shall be informed electronically.
Article 3 - Right of Withdrawal
(1) The customer shall be entitled to withdraw his declaration of intention to conclude a contract within 30 days after receipt of the goods by returning the goods to Cantate/Musicaphon Records. To comply with this term, it is sufficient to dispatch the goods in time.
(2) The charges for the return of the goods of up to EUR 450,- shall be the responsibility of the customer.
(3) In the case of withdrawal, Cantate/Musicaphon Recordsshall refund the purchase price, if already paid, to the customer. With refunds to foreign countries, the transfer fee will be deducted if not the withdrawal results of notice of defects.
(4) In the case of a considerable deterioration in the quality of the goods or in the case of loss, the customer shall make good the corresponding reduction in value or loss to Cantate/Musicaphon Records if he withdraws his order. If the customer has already paid the purchase price, Cantate/Musicaphon Records shall be entitled to deduct the reduction in value from the amount repayable.
(5) The right of withdrawal shall be barred with contracts for the delivery of audio or video recordings (for example CDs, Super Audio CDs, DVD-Videos) if the delivered data carriers have been unsealed (if the product is not shrink-wrapped any more) by the customer.
Article 4 - Delivery of Ordered Goods
(1) Cantate/Musicaphon Records shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible. Cantate/Musicaphon Records shall be allowed to make partial deliveries.
(2) The costs for the individual deliveries shall be charged to the customer by Cantate/Musicaphon Records in the respective amount shown. All risks of delivery shall pass to the customer upon delivery of the goods from Cantate/Musicaphon Records to the commissioned distributor/shipping partner.
(3) Information on terms of delivery shall not be binding, unless Cantate/Musicaphon Records has given an undertaking in writing to the customer in individual cases.
Article 5 - Reservation of Ownership
Until complete settlement of all claims against the customer the delivered goods shall remain the property of Cantate/Musicaphon Records.
Article 6 - Maturity and Payment of Purchase Price
(1) The purchase price shall be due upon conclusion of the contract.
(2) Payment shall be made either by direct debiting (only for bank accounts in Germany), by credit card (international), �Nachnahme� (only for customers which live in Germany) or prepaid (international) on the bank account of Cantate/Musicaphon Records. Cantate/Musicaphon Records shall act in accordance with the customer�s wishes regarding the mode of payment.
(3) If the customer is in default of payment, Cantate/Musicaphon Records shall be entitled to charge default interest at a rate of 5% per year over the base lending rate in accordance with Art. 1 Discount Rate Transition Law of 9 June 1998 (BGBl. I S. 1242).
(4) The customer shall only be entitled to set-off if his counterclaims have been recognized by declaratory judgment.
Article 7 - Warranty of Quality
(1) Cantate/Musicaphon Records shall be liable for any defects existing upon delivery of the goods for a warranty period of six months.
(2) The customer binds himself to inform Cantate/Musicaphon Records about any defects arising in writing immediately. In the event of a defect for which Cantate/Musicaphon Records is responsible, Cantate/Musicaphon Records shall, at its own discretion, either repair or replace the defective product.
(3) Items excluded from warranty coverage are antiquarian articles, facsimiles and originals.
Article 8 - Liability
Cantate/Musicaphon Records shall neither be liable for damages not related to the goods themselves, nor for missed profit or other economic losses of the customer.
Article 9 - Privacy
All personal information of our customers will be treated confidentially. These information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations, such as the Federal Data Protection Act or the Information and Communication Service Act. The transfer of such information to third parties who are neither involved in the performance of the contract shall be excluded. Cantate/Musicaphon Records shall be entitled to transfer personal information of the customers to affiliates of Cantate/Musicaphon Records for the purpose of credit checking and credit control as part of a data exchange. Cantate/Musicaphon Records shall also be entitled to transfer personal information to the SCHUFA, the General Credit Protection Agency in Germany.
Article 10 - Final Provisions
(1) These General Terms and Conditions are governed by the laws of the Federal Republic of Germany, to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods). The place of performance and venue is Kassel.
(2) The nullity of any of the provisions herein shall affect neither the validity of the Agreement as such nor the validity of these General Terms and Conditions.
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