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Conditions of Use

General Terms and Conditions

General Terms and Conditions
since 11th of October 2013

$ 1 Scope of Application

For the business relationship between
Dunkelschoen GbR, (in the following called DS)
and the customer.

Owner:

Dunkelschön GbR 
Wadpfad 12
D-97493 Bergrheinfeld
Tel. 0177-1943830
mail: info@dunkelschoen-musik.de

German Tax ID-No:  DE243606928

General Terms and Conditions of Dunkelschoen GbR:

The binding General Terms are written in German. (AGB = http://www.dunkelschoen-musik.de/shop/Unsere-AGB:_:3.html?language=de)This translation is meant as an orientation guide.
The address of Dunkelschoen GbR and authorised representatives can be found particularly in the bill.
The following general terms and conditions apply to all business relationships between Dunkelschoen GbR and the customer. Significant is always the version valid on the date the contract is concluded.
Recital clause
Dunkelschoen GbR runs a Homepage for industrial purposes at the domain http://www.dunkelschoen-musik.de. On this page Dunkelschoen GbR offers it's customers products for sale via the internet.

§1 Choice of products

(1)The customer has the possibility to choose and order products from the above-named page.
(2)    In reference to every product is a separate description of every product on the respective page.
(3)    The customer can click on the desired products at the website. These will be collected in a virtual shopping basket and at the end of the purchase the customer will get a compilation of the products with the complete price, incl. VAT.
(4)    Dunkelschoen GbR offers the customer to check the order with regards to accuracy of contents, especially of price and quantity and to correct it if necessary, before posting the goods.

§2 Conclusion of Contract

(1)The contract comes about with accepting the order of the customer. Orders will generally be conducted without sending an acceptance of order in particular. DS commits themselves to accept the order on conditions of the website, respectively the catalog. If eventually any errors in writing, calculating or print occur, or in case of a supply failure of any product, Dunkelschoen GbR have the right to withdraw from the contract.
(2)    If the customer gives obviously a false name, address, e-mail-address, terms of payment or other necessary statements for carrying out the order, DS can refuse to accept the order or is entitled to withdrawal.
(3)     The customer agrees not to copy any copyable products except for personal use.

§3 Instruction for accepting returns/Right of withdrawal

Accepting returns
The customer can return the received goods without giving any reason within two weeks by sending them back/withdrawal. The terms starts at the earliest with receiving the goods and this instruction. To keep the term posting the goods within the period is enough. In any case the return is carried out at the expense and risk by the customer.
The goods need to be returned to
Name/Firma: Dunkelschön GbR, Wadpfad 12, D-97493 Bergrheinfeld
E-Mail-address: info@dunkelschoen-musik.de

The right of withdrawal does not apply to contracts concerning
    delivery of audio or video recordings or software if the seal of the medium was broken by the customer ( for example by opening the wrapper of the cover)
    delivery of newspapers, magazines or songbooks.
    delivery of products that were made to fit personal customers specifications or are explicitly made for personal requirements. Like printed textiles,     accessories or ornaments etc..
Consequences of Return:
In the event of an effective return, each party shall return to the other any performance already received, and any benefits derived must be surrendered. If the goods have deteriorated and for benefits derived (e.g. benefits from use), and if the goods cannot be surrendered in their complete state, or can be done so in a deteriorated condition only, the customer  is obliged to compensate DS.

§4 Costs

(1)    The prices shown on the internet pages at the time of order are valid.
(2)    The prices of the goods are calculated ex head office of Dunkelschoen GbR incl. VAT and do not include packing and postage.
§5 Transaction of the contract
To process orders
Dunkelschoen GbR will attend to the order as soon as possible and will inform the customer if the ordered products are available.
Delivery
Where possible the ordered products will be posted without delay once the  payment of the customer has arrived.
Shipping costs
The shipping costs depend on kind and number of products.
Changes, increasing or limit of the order
Dunkelschoen GbR will answer any questions of the customer concerning changes, increases and/or limits about the product range at short notice.

§6 Conditions of payment

(1)Dunkelschoen GbR will make an invoice for the customer of the ordered ordered goods on demand and will deliver it with the goods. Dunkelschoen GbR will deliver only against prepayment. The property of the delivered goods stays with Dunkelschoen GbR until the goods are payed completely. In Germany and abroad.
(2)    Prices on the invoice are always retail prices incl. Vat.
(3)    The buyer has to pay the order in advance. The payment can be settled either by (international) money order, (international) bank transfer (within Europe), or in cash (Euro only). The total amount of the bill has to be paid at once, part payment is not possible. For retailer the purchase price has to be paid at the receipt of the goods within 8 days.
(4)    Any bank charges are at the expense of the customers.

§7 Warranty and Liability

(1)    When the customer notices that the delivery is damaged upon receipt he has to complain straight away with the postal or cargo service and get the  facts of the case recorded. These facts also need to be recorded when the packing is unbroken and the damage is noticed while unpacking the goods. The customer is obligated to inform DS immediately of the damage and send the record of the damage. On receipt of the documents and the return of the goods the customer will get an exchange without delay. In case of faults at the product that wasn't cased by transport a replacement or a voucher can be chosen by the customer after returning the goods. A return of goods free of faults is not possible after the end of the Instruction for accepting returns/Right of withdrawal (§3). The warranty of the provider are based upon §§ 433 ff. BGB.
(2)    The buyer bears the full costs of additional shipping that is caused by wrong declaration of the delivery address.
(3)    Dunkelschoen GbR is liable
    for the full amount of damage caused by themselves or their employees.
    on the merits of any culpable violation of any breach of contract.
Contributory negligence of the buyer will be credited to him.
The worth of the damage is limited to the cost of the product.
The warranty concerning intention, guarantee, malice and for damage to persons as well as the law on product liability are not touched by this.

§8 Delay in payment and insolvency

Delay in payment is given when the customer hasn't settled the amount 21 days after receiving the bill or equal request for payment. For delay in payment late interest has to be paid. The rate of interest is 5 percentage points above the basic bank interest rates by the Discount Rate Transition Act. Enforcement of further damage for delay is not excluded by this.

§9 Force majeure

(1) In case of being unable to perform services due to Acts of God (particularly war, natural disaster, delay in delivery of the distributor/manufacturer) Dunkelschoen GbR is freed of the  liability for the duration of the hindrance.  
(2)    If Dunkelschoen GbR is unable to execute the order respectively deliver the goods for longer than a month, the customer has the right to withdraw from the contract.

§ 10 Privacy protection

Dunkelschoen GbR will respect all  privacy policy demands, especially the requirements of the German Data Protection Act.
§11 Final Clauses
(1)    Valid is the law of Germany.
(2)    Place of jurisdiction is Schweinfurt in Germany.

 

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