Standard Business Terms
Solemnity Music - Sven Sostak
1. Scope of application
Sven Sostak, Hittistetterstraße 1, 89250 Senden (the vendor), offers his items at the websites www.solemnity.de and www.solemnity-music.de to everyone how
is interested to purchase (the customer). The customer accepts these terms as basis of every transaction. They are solitary valid. All standard business terms
of the customer will be objected.
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2. Offering and Contract Formation
The fact of the presentation of the items at the websites is not a binding offer. A regular offer in the legal sense (§145 BGB – German law) becomes effective
only by a written confirmation (email) from the vendor. After the customer has submitted his offer to buy, he will get an acknowledgement of receipt. Now the
vendor has a period of 10 days to confirm the order or to refuse it. Only if the vendor confirms the order by writing (email), a purchase contract is concluded.
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3. Cancellation Policy
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a)
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The customer can revoke a purchase agreement within 2 weeks.
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b)
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The right to revoke a purchase agreement is limited to orders for private purposes.
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c)
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In the case of a valid revocation, the vendor and the customer has to return the obtained items, services and payments. If the customer can not return the
items or can return the items only in a debased state, he has to compensate, except the debasement was caused by an examination like in a regular shop.
The customer can avoid an obligation of compensation by avoiding everything that will be suitable to degrade the state of an item.
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d)
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e)
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In case of sound carriers or video media, the claim of revocation expires if the sealing of the items is broken.
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Purchase Price, Due Date and Consignment
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a)
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The prices including value added tax (VAT). Expenditures for consignment will be priced separate (see chapter 5).
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b)
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The full purchase price (incuding price for consignment) has to be paid after receiving the confirmation of the vendor, within 10 calendar days.
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c)
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The customer has to pay in advance. The goods will be consigned after the vendor has received the full payment (purchase price plus price for consignment).
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5. Prices for Shipping and Package
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a)
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Shipping costs within Germany per order:
- 1-2 CDs or Poster: € 2,00 postage and packaging.
- 3-4 CDs: € 3,00 postage and packaging.
- 1-2 LPs €: 5,00 postage and packaging.
- 1-2 T-Shirts: € 5,00 postage and packaging.
Shipping costs for other quantities or a combination of items will be calculated individually. Please ask.
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b)
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Shipping costs to a country of the European Union (country code as listed by German Federal Post Office) per order:
- 1-2 CDs or Poster: € 5,00 postage and packaging.
- 3-4 CDs: € 6,00 postage and packaging.
- 1-2 LPs: € 6,00 postage and packaging.
- 1-2 T-Shirts: € 6,00 postage and packaging.
Shipping costs for other quantities or a combination of items will be calculated individually. Please ask.
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c)
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Shipping costs to a country outside of the European Union will be calculated only on demand. Please ask.
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6. Claims of the Customer concerning Deficiencies
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a)
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In the case that an item has not the assured state, or it is not suitable for its essential purpose, the vendor will amend the fault by additional
delivery of this item. If an amendment failed twice, the customer can choose between, an appropriate price reduction or the avoidance of contract.
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b)
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The period of limitation for the claims above is 2 years after deliverance of the goods.
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8. Limitation of Liability
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a)
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In case of injury of health and life, the terms and conditions of German law applied.
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b)
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For all cases the liability of the vendor is limited to the predictable, typical and direct average damage, as long as the vendor not acted
eminently negligently.
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9. Protection of Privacy
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a)
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The vendor will ensure the protection of personal data by suitable measures. They will be handled confidentially and concerted to legal regulation
of German law.
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b)
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The personal data will be stored computerized to handling the customer relationships and for purposes of bookkeeping.
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10. Other Matters
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a)
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All contracts and all legal relations between customer and vendor are subject to regulations of the terms of German law. The utilization
of the terms of the UN-Agreement about contracts related to international purchase of goods (from 11th April 1988) is excluded.
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b)
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In the case that the customer has arranged the purchase agreement in a country outside of Germany, the compelling regulations or terms of the law of this
country are excepted from the terms above, if the customer has its common place of residence in this country and the order is only for private purposes.
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c)
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In the case that one regulation or term of this document is void or in conflict with legal requirements, all other regulations and terms of the purchase
agreement are not affected.
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Senden, 2011-11-14
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