General
Terms and Conditions of roots
int. vinyl store
(as
per 01/06/07)
§1
Scope
1.1
These General Terms and Conditions apply to all business relations
between roots int. vinyl store and their customers in the actual
version valid on the date of signing the contract.
1.2
The General Terms and Conditions of roots int. vinyl store apply
exclusively. Any conditions of the client contrary to or deviating
from our General Terms and Conditions are not accepted unless roots
int. vinyl store has explicitly accepted them in individual cases in
writing.
§2
Registration
2.1
Each order placement requires your previous registration as a roots
int. vinyl store customer. Multiple registrations under different
names and addresses are not permissible. After successful
registration at roots int. vinyl store, the customer is allowed
access to the system.
2.2
The admission approval can be revoked at any time without giving
reasons. In this case, roots int. vinyl store is entitled to
immediately inhibit the admittance for placing orders.
§3
Accomplishment of the contract,
order fee
3.1
Goods are only sold in quantities usual for domestic use. The
representation of roots int. vinyl store product line on computers
displayed via the Internet does not constitute a binding offer.
3.2
By sending an order by E-mail to roots int. vinyl store, the customer
submits a bid. The customer receives a notice of receipt by Email
confirming the order. If required, roots int. vinyl store will inform
the customer separately about possible errors in the information of
the product line on the Website and submit a corresponding
counteroffer.
3.3
The contract with roots int. vinyl store will be materialized if
roots int. vinyl store accepts this offer. Acceptance is subject to
the availability of the ordered products or service. The declaration
of acceptance on the part of roots int. vinyl store to the customer
is not required. If roots int. vinyl store cannot accept the bid of
the customer, the customer will be informed about this in electronic
form.
3.4
In case of larger orders, roots int. vinyl store reserves the right
to ask for a corresponding down payment. The order will be handled
after receipt of the down payment.
§4
Delivery, mailing expenses
4.1
roots int. vinyl store delivers the ordered products immediately to
the address indicated by the customer in the order.
4.2
Delivery is made at the mailing expenses indicated in the individual
case.
4.3
Information on the anticipated term of delivery is non-binding unless
roots int. vinyl store has made a binding promise to the customer in
writing.
§5
Retention of title
5.1
The delivered products remain the
property of roots int. vinyl store until all claims against the
customer are completely settled.
§6
Due-date and payment
6.1
roots int. vinyl store only accepts those payment methods indicated
to the customer in each case within the framework of the order
transaction.
6.2
The purchase price as well as possibly incurred order fees and/or
forwarding costs will be due for payment on conclusion of the
contract.
6.3
If the customer is behind schedule with the payment, then roots int.
vinyl store will be entitled to claim interests for default amounting
to 5 % above the base rate in each case. roots int. vinyl store
right to claim higher damage remains unaffected as is the case with
the customers right to claim lower damage.
6.4
The customer is only entitled to set-off if and as far as his
counterclaims are legally established, indisputable and accepted by
roots int. vinyl store.
6.5
In the event of unsuccessful bank collections, roots int. vinyl store
will impose a fee amounting to EUR 5.00.
§7
Revocation
7.1
The customer is entitled to revoke his
declaration of intent with regard to the conclusion of the contract
without giving reasons within 1 month after receipt of the products
and return the products within this period. In order to adhere to the
time limit, the dispatch of the products to roots int. vinyl store or
to an alternative address possibly agreed upon is sufficient.
7.2
The costs for returning products up to
a value of EUR 50.00 shall be borne by the customer unless the
delivered product or service does not correspond to what was ordered.
7.3
In case of revocation, roots int. vinyl
store will refund any purchase price already paid by the customer.
Costs for returns possibly paid by roots int. vinyl store according
to section 2 HS 1 will be deducted. In case of payments abroad, the
costs for bank transfers will be deducted in addition.
7.4
In the event of essential degradations
or loss of the products, the customer has to make up for the
corresponding loss in value. Provided that the customer has already
paid the purchase price, roots int. vinyl store is entitled to deduct
the loss in value from the amount to be refunded. In individual cases
the loss in value may correspond to the purchase price paid.
7.5 In case of
exclusion of the revocation and of the return according to § 3
section 2 of the Distance Selling Act and in accordance with § 6
section 5 of our General Terms and Conditions the customer has to
bear the costs for the new delivery when the products are returned to
us.
§8
Guarantee
8.1
roots int. vinyl store will assume the guarantee for defects existing
on delivery of the products for a period of 6 months under the
following conditions:
8.2
The customer must inform roots int. vinyl store immediately and in
writing about possibly occurring defects. In the event of a defect
Planet Records is responsible for, roots int. vinyl store will
eliminate this defect at its own discretion either by repairing it or
replacing the product.
8.3
If the repair of the defect or the replacement should fail, if roots
int. vinyl store is not prepared or not able for this or if a
reasonable deadline is exceeded for reasons roots int. vinyl store is
responsible for, then the customer is entitled to rescind from the
contract or claim a reduction of the purchase price.
§9
Data protection
9.1
Storage and processing of person-related data: roots int. vinyl
store undertakes to protect the privacy of all persons participating
in roots int. vinyl store product ordering system and to keep the
personal data in confidence. This is based on the legal provisions
applicable in each case, such as the Federal Data Protection Act and
the Information and Communication Services Act. The data received
from you will be stored. You can, however, have your data deleted at
any time. Please let us know this by Email under ameise@amei.se
9.2
Use of the person-related data: We use your data only for the
purpose of performing the contract concluded with you.
9.3
Transfer of information: roots int. vinyl store will not disclose
person-related data to third parties. The customers will receive
Emails from roots int. vinyl store only when they have agreed to it
(through an order, request for quotation or the like).
9.4
Correction, inhibition and deletion of person-related data: roots
int. vinyl store customers can request their own user information at
any time from roots int. vinyl store and have it changed. For the
deletion of your user information, please proceed as indicated in §
9.1 of these General Terms and Conditions.
§10
Liability
10.1
roots int. vinyl store is unrestrictedly liable for damage caused
intentionally or through gross negligence as well as in the event of
guilefully unmentioned defects.
10.2
roots int. vinyl store liability for other damage caused to the
customer due to any default on the part of roots int. vinyl store,
any impossibility roots int. vinyl store is responsible for or breach
of any duty the carrying out of which is of particular importance for
attaining the purpose of the contract (cardinal obligation) is
limited to such damage which is typical and foreseeable by reason of
the contractual use of the product.
10.3
roots int. vinyl store is not liable for damage not directly caused
to the product itself, for loss of profit or other financial losses.
§11 Final clause
11.1
This contract is exclusively governed by the substantive law of the
Federal Republic of Germany excluding the UN Convention on the
international sale of goods.
11.2
For all claims arising in connection with the business relationship,
the exclusive place of jurisdiction is Hamburg, Federal Republic of
Germany.
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