General Terms and Conditions of the onlineshop

Section 1 – Vendor, inclusion by reference of the General Terms and Conditions

(1) The vendor and contracting party for the merchandise presented in the onlineshop is: recordsale & musicberlin GmbH, Pankow Park Haus 1, Hertzstraße 63a, 13158 Berlin, Germany, Tel. 0049-(0)30-549069363, E-Mail [email protected] (referred to hereinbelow as the “Vendor“for short).

(2) The Provider acts as an entrepreneur.

(3) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.

Section 2 – Merchandise offered and conclusion of contract

(1) The Vendor is offering the articles presented in the onlineshop for sale to registered customers. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.

(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.

(3) The Vendor shall deliver the merchandise to destinations worldwide.

(4) Customers shall select the merchandise desired by placing it in their “CART” by clicking on the button “ADD TO CART” and continuing his purchases or by finishing to select the merchandise by clicking the button “CHECKOUT”. The order will be conclusively placed with the Vendor by clicking on the button “BUY”. Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.

(5) The Vendor is making a sales offer for the merchandise presented in its shop. By transmitting the order using the button “BUY” the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).

(6) The content of the contracts concluded is stored by the Vendor and is sent to the customer with the contract confirmation.

(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.

Section 3 – Prices and payment

(1) All product prices are end prices plus shipping costs. Merchandise without indicated VAT are subject to differential tax according to § 25a German Value Added Tax Law (UStG). Prices which are not subject to differential tax and are not indicated as such include the statutory turnover tax.

(2) The shipping costs are listed in the respective product description and in the course of the purchase process.

(3) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment by direct debit, by credit card, normal bank transfer, against pre-payment using SOFORTbanking, PayPal, or against cash payment at pick-up under the following conditions:

(a) For credit card payments, the customer will – after conclusion of the contract – be forwarded to the external service of Stripe Inc. where he provides his credit card details and concludes the payment. The Seller authorizes Stripe receive payments by the customer for the purpose of performing the contract.

(b) Where the customer has selected prepayment by „Bankwire” as the form of payment, the Vendor’s bankaccount details will be provided in the contract confirmation. Exclusively SEPA transfers denominated in Euros shall be accepted for bank transfers from abroad. Any bank transfer has to be free of charge for the Vendor.

(c) Where the customer has selected „SOFORT.COM” as the form of payment, the customer will be directed from the Vendor's website to online service of Stripe Inc., where the customer can enter his banking-data and concludes the payment.

(d) For PayPal payments, the customer will – after conclusion of the contract – be forwarded to the website of the PayPal S.a.r.l., from where payment can be made by entering the customer‘s PayPal details.

(e) For consumer having his permanent residence in Germany, France, Belgium, Monaco, Denmark, Austria, in the Netherlands, Norway, Liechtenstein, or in Switzerland the Vendor also offers a pre-payment by direct debit. Where the customer has selected direct “Debit” as the form of payment, the customer will be – after the conclusion of the contract - directed to the Vendor's website, where the customer can enter his contact and banking-data. By using the “...”-button he confirms, that he is entitled to debit the corresponding bank account and assures that the account provides the required coverage. Return debits are associated with a high effort and costs for the Vendor. In the case of a return debit (in absence of a required coverage of the bank account, due to expiration of the bank account or unauthorized objection of the account holder), the customer authorizes the Vendor and his bank to submit the direct debit for each overdue payment obligation once more. In such a case, the customer is obligated to pay a processing fee of 9.00 Euro per return debit. Further claims are reserved. The customer is granted the possibility to prove that lower or no costs were issued by the return debit. In view of the effort and the costs of return debits and to avoid the processing fee, the Vendor ask the customer in the event of a withdrawal or a rescission of the purchase contract, a return or a complaint, not to contradict the direct debit. In such a case, after consultation with the Vendor, the rescission of payment takes place by remittance of the appropriate amount or by credit.

(f) Further means of payment may be available; please check the “Payment” section on our website and in the respective purchase process. The customer will be provided with detailed information on payment and shipping in the contract confirmation e-mail.

(4) For orders subject to pre-payment, a payment period of six weeks from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.

Section 4 – Shipment, delivery periods

(1) The Vendor shall deliver the merchandise within the time period indicated in the course of the purchase process after the payment is made.

(2) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered separately in shorter time, he may place a separate order for that product.

(3) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.

Section 5 – Right of withdrawal for consumers

(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.

(2) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period; in derogation here from, the withdrawal period for consumers who have their permanent residence in Slovenia is 15 calendar days.

(3) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.

Section 6 - General Information

(1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.

(2) Please do not return the goods freight forward.

(3) Please note that the above clauses 1-2 are not a precondition for effectively exercising your right to cancel.

Section 7 – Warranty

(1) Warranty claims shall be governed by the statutory regulations, unless otherwise provided for in the following paragraphs.

(2) If the Customer is a consumer, the period of limitation regarding warranty claims for the second-hand goods offered can be shortened to one year if and to the extent that the consumer, before giving his consent to the contract, was specifically informed of the shortening of the limitation period and the shortening of the limitation period was expressly and separately agreed on in the contract.

(3) If the Customer is not a consumer, the parties hereby agree that the period of limitation regarding warranty claims for the second-hand goods offered shall be shortened to one year.

(4) However, a shortened period shall neither apply to claims based on injury to life, body or health nor to claims for other damages arising from a grossly negligent or intentional breach of duty by the Vendor, by a legal representative of the Vendor or by a person used to perform an obligation of the Vendor.

Section 8 – Data Protection Policy

(1) The vendor shall collect and process the data input by the customer in the course of his purchase for the purpose of processing the contract and performing in accordance with same. The collected data consists of the customer's name, address, e-mail-address and his company information that he specifys. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transfered to the vendor.

(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s data referred to in paragraph 1 to the contracted shipping company.

(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.

(4) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.

(5) The controller of data protection is the vendor referred to in section 1 paragraph 1.

(6) To the extent a customer uses the services of PayPal or Wirecard for payment, the data protection provisions established by the used payment service shall apply to the payment process. In this context, each payment service shall be taking action as the person employed by the customer in the performance of his obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.

Section9 – Complaints, Dispute & Dispute Resolution

(1) If you have a complaint regarding, please contact our Customer Service team at [email protected]. We do not offer an alternative dispute resolution service as outlined in EU-VO Nr. 524/2013.

(2) Any company engaged with the online trade of goods and/or services must enable their customers to raise a dispute online (in accordance with Article 14.1 EU Regulation Nr.524/2013). You can find further information on the EU Online-Dispute Resolution Centre here.

Section 10 – Final provisions

(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.

(2) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law, the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in Berlin-Pankow (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.

(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.

(4) In case of any inconsistency between the German version of above provisions and their English translation the German version shall prevail.

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