TERMS AND CONDITONS – [deutsche Version]
§1 Applicability
The present General Terms and Conditions shall apply exclusively to all business relations between
(hereinafter referred to as genetic music) and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by genetic music and the purchaser in writing, in individual cases.
§2 Completion Of A Contract
1. Orders can be placed with genetic music by e-mail or via the genetic music webshop. An incoming order to genetic music constitutes an offer to conclude a sales contract with genetic music.
2. The sales contract between genetic music and the purchaser shall exclusively be brought about if genetic music dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to genetic music. A contract will not be concluded for any goods that have been ordered but that are not included in the consignment. The contractual partners are the purchaser and genetic music.
3. Goods are only sold in the amounts that are usually made available to end-consumers.
§3 Right Of Revocation
CANCELLATION POLICY
The German statutory provisions of the right of revocation according to § 312d Abs. 1 BGB in combination with § 355 BGB shall apply.
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) or by returning the merchandise within a period of one month without giving any reasons. The revocation period commences with the receipt of this revocation instruction in text form, however not before the receipt of merchandise by purchaser and not before our performance of duty of information according to article 246 § 2 in combination with § 1 Abs. 1 and 2 EGBGB. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. The revocation is to be addressed to: genetic music (contact details as above).
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our cost and risk. Things that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. For you the period commences with the despatch of your declaration of revocation or with the despatch of the merchandise, for us with the receipt of the same.
End of Cancellation Policy.
§4 Delivery, Cost Of Delivery, Time Of Delivery
1. Insofar as nothing else is agreed on, the consignment will be sent from the genetic music warehouse to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
2. The purchaser has to pay for all delivery costs. genetic music will inform the purchaser about these costs in the order process before check-out. The delivery costs depend on the required shipping option as well as on the size and weight of the consignment. If not otherwise required by the purchaser, genetic music uses the cheapest shipping option available with Deutsche Post, DHL, DPD, UPS or any other parcel service. The purchaser has to pay for any additional costs that accrue due to special forms of delivery requested by the purchaser (e.g. express delivery). genetic music will inform the purchaser about these costs on request.
3. genetic music does not guarantee to meet a special delivery date. All orders are proceeded and shipped within a few days after receipt of payment. The standard delivery times of the above mentioned parcel services apply. In case of any delays caused by genetic music, we will inform the purchaser. If possible genetic music provides tracking links. genetic music is not responsible for goods sent not insured.
§5 Payment, Maturity and Default, Fees for Payment Transactions
1. All prices are given in EURO currency incl. 19% VAT. All prices are subject to be changed by genetic music at any time.
2. The purchaser can make payments only in advance by bank transfer or in advance by Paypal payment. genetic music only accepts payments made in EURO currency.
3. If the purchaser is in default of payment, genetic music shall be entitled to charge default interest at a rate of 5% per year over the base lending rate specified by the European Central Bank. If genetic music suffers a higher loss (e.g. due to return debit notes), genetic music can demand for reimbursement of the higher loss instead of default interest.
4. The purchaser has to take care of any charges that may accrue from international bank transactions.
§6 Set-off, Retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by genetic music.
§7 Reservation Of Ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of genetic music.
§8 Liability
§8 Liability for Defects
1. The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods. genetic music is therefore not liable for any damages except for damages to the actual delivered goods.
2. genetic music emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. genetic music shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
3. genetic music emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intelectual property rights or ancillary copyright. genetic music shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intelectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
4. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 3 here in are also applicable to genetic music’s employees, representatives and vicarious agents.
5. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
6. In those cases where genetic music provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to genetic music at the expense of genetic music within 30 days of receipt of the replacement delivery.
7. Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser.
§9 Data Protection
Personal data that genetic music has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. genetic music protects all data according the EU General Data Protection Regulation (GDPR), the new German Bundesdatenschutzgesetz (BDSG-neu) and all other applicable data security laws. Detailed information about how we protect data are given in our [privacy policy].
§10 Applicable Law
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.
Stand: 23. May 2018