General Terms and Conditions (GTC) for the internet shop Voices, with the domain voices-record.de, amongst others, owned by Michael Maas, Mertensgasse 23, 40213 Düsseldorf, hereinafter called "Voices".
Version: April 2006
1. Scope of application
The following Terms and Conditions of Business apply to all orders submitted by customers via the Internet to Voices and shall be acknowledged by the customer with each order.
Consumers as defined in these Terms and Conditions of Business are natural persons with whom business relations are entered, without these being attributed a commercial, independent or freelance activity.
Commercial Customers as defined in these Terms and Conditions of Business are natural or legal persons or incorporated partnerships, into which business relations are entered, which involve a commercial, independent or freelance activity.
Customers as defined in these Terms and Conditions of Business are both consumers and contractors.
Terms and Conditions of Business which deviate, conflict or supplement these are not an integral part of the contract unless their validity has expressly been agreed in writing.
The informal reference to the customer's general terms and conditions cannot be accepted
2. Formation of the contract
The representation of the range offered by Voices on the Internet does not represent an offer as defined in §§ 145 ff. of the BGB [German Civil Code]. By placing an order via the Internet, the customer makes a binding offer to buy from Voices. Voices is entitled to accept the order by supplying the goods and notifying the customer of the dispatch by sending an e-mail confirming the order within 14 days. The acceptance shall take place on the condition of the availability of the goods, in particular on condition of correct and prompt delivery by Voices' supplier. This shall not apply in the case of non-delivery for which Voices is not responsible. Should the goods not be available at Voices' supplier, then Voices shall inform the customer of this situation immediately and, in the event of payment having already been made, reimburse the customer without delay.
An e-mail confirming receipt which is automatically generated and sent by the system on receiving the customer's order shall not represent Voices' binding acceptance to supply.
Within the scope of the ordering procedure, the risk of a transmission which cannot be clarified, or is erroneous, shall lie with the customer.
The sale of goods offered by Voices shall take place only in quantities common for personal use.
Reservations for items which have not yet been released by the producer do not effect contractual obligations.
3. Prices, Minimum order value
The prices listed in the Internet shall be valid at the time the order is placed. The listed prices are end prices, that is, they include relevant statutory VAT and other integral pricing components, though excluding possible dispatch costs which may arise.
In the case of articles not yet released, and which can only be reserved, the prices are only approximate indications of the appropriate record label.
There shall be a minimum order value of €20.00 for all orders.
4. Delivery
Voices shall supply orders with an order value in excess of €100.00 without carriage charges within Germany. For goods with an order value of less than €100.00 the following carriage charges shall apply:
Advance payment €2,99
Credit card €3,99
Cash on delivery €6,99 (plus €2.00 postal money order payment DHL)
International orders shall always be charged basic dispatch costs.
Voices shall deliver solely to the address specified by the customer.
Voices reserves the right to make part deliveries.
In the case of uncollected or non-deliverable cash on delivery consignments, which have not be collected or delivered due to a fault on the part of the customer, Voices is entitled to levy an extra fee of €15.00 from the customer. In this case, the customer has the right to provide proof that no claim or that a lesser claim is payable to Voices.
Cancellation policy (for German customers only)
5. Right to cancel:
The following right to cancel applies exclusively to consumers:
The customer can cancel his contractual declaration in text form (e.g. letter, e-mail) within two weeks without having to state a reason or by returning the purchased item. The period begins at the earliest upon receipt of the goods and this policy. The timely dispatch of the cancellation or of the item shall fulfil the observance of the cancellation period. The notice of cancellation is to be sent to:
Voices Records Store
Inh. Michael Maas
Mertensgasse 23
40213 Düsseldorf
Fax: + 49 (0)211 41 55 98 89
E-mail: widerruf@voices-records.de
The consumer must bear the cost of the return of the goods if the supplied goods correspond to those ordered and if the price of the goods to be returned does not exceed €40.00 or in the event that the goods have a greater value and the payment or a contractually agreed part-payment has not yet been made at the time of cancellation. In other cases Voices shall bear the costs of return.
Goods should always be returned in their original packaging where possible.
Consequences of cancellation:
In the event of a valid cancellation, the payments and services received by both parties are to be returned as are any benefits of use. If the customer cannot return the service performed by Voices in whole or in part or only in a deteriorated state, then it undertakes to compensate Voices to the same value. In the case of transfer of items, this shall not apply if the deterioration of the item can solely be traced to such an examination as it would have undergone in the shop. In addition, the customer can avoid the obligation to compensate to the same value by not using the item as if s/he owns it and refrains from doing anything which would impair its value.
DVDs, CDs or vinyl records which have had their seals removed by the customer, and products which have been produced in accordance with the customer's specification are not included in the right to cancellation.
End of the cancellation policy
6. Payment
Payment shall be in advance or by credit card.
In the case of advance payment, Voices shall only send the goods to the customer on receipt of payment.
7. Reservation of ownership
All goods supplied shall remain the property of Voices until payment has been made in full. The reservation of ownership also extends to processed objects and in the event of onward selling, to the purchase money claim (extended reservation of ownership).
8. Guarantee
The guarantee claims by the customer shall be limited in the first instance to the right of subsequent fulfilment (subsequent improvement or replacement delivery) whereby the consumer's choice can be refused by Voices if it is only possible to fulfil by incurring excessive costs. The customer, who is the contractor, is not entitled to this right of choice. An improvement shall count as having failed once the second attempt has been unsuccessful and this is not due to, in particular, the type of the item or a defect or other circumstances. If the subsequent improvement has failed or if Voices has completely refused the subsequent improvement or has not reacted to a specific deadline set by the customer, then the customer is entitled to a reduction of the payment or to withdrawal from the contract. Claims to damages shall not be affected.
In the event of accidental misuse and improper use of the goods, the customer shall bear the costs of rectification of faults and repair.
8.1. for commercial customers
If the customer is a commercial customer, Voices shall guarantee in the case of defective goods, to either rectify the faults or provide a replacement. Claims for defects by the customer assume that the customer has fulfilled the requirements of inspection and requirement to give notice of defects in the proper manner in accordance with § 377 HGB [German Commercial Code].
8.2. for consumers
Vinyl records are subject to - according to use - natural wear and tear which does not represent a fault.
Voices seals some titles by using a sticker on the record sleeve. This sticker does not represent a fault.
9. Limits of liability
Voices shall not accept the liability for damage which has been caused by simple negligence to the extent that this does not affect any cardinal obligations, damage resulting from violation of life, body or health or affects guarantees or claims are affected persuant to the [German] product liability law Produkthaftungsgesetz (German product liability statute). The same shall apply to breaches of obligation by Voice's agents.
In the event of breach of cardinal obligations, the liability shall be limited in cases of simple negligence to the claims which are typical for the contract and which can be foreseen. Claims for compensation arising from delays or proven claims for repayment of expenses in accordance with § 284 BGB [German Civil Code] are limited to 10% of the purchase price.
10. Data protection
The data necessary for processing the transaction will be stored.
This clause is in accordance with the regulations of § 33, para. 1 of the BDSG [German Data Protection Act]. All personal data shall be treated as confidential and shall not be passed on for advertising purposes. The customer is entitled to request information about the data stored by Voices about itself and to have this deleted if necessary and possible.
11. Customer reviews
Voices offer customers the opportunity to write reviews on its web site about its products.
If the customer takes this opportunity, it shall guarantee to Voices an unlimited right of use in time and place to this review for further use both on line and in other media. It may be possible to name the author of a review but Voices is not obliged to do so.
Voices is entitled to publish shortened versions of reviews or not at all.
Customer reviews shall exclusively represent the views of the relevant customers and are not to be confused with those of Voices.
12. Place of jurisdiction, applicable law
This contract is subject solely to the law of the Federal Republic of Germany. The regulations of the United Nations Convention on Contracts for the International Sale of Goods are excepted.
If the customer is a commercial customer, the place of jurisdiction is Düsseldorf (Germany); Voices is however also entitled to take proceedings against the customer at the court of its place of residence.
If these General Terms and Conditions of Business did not become an integral part of the contract or are not effective in whole or in part then the remainder of the contract shall remain effective.
Should any or all of these conditions not be incorporated, statutory regulations apply. The contract shall only be invalid in the event that compliance with it, even taking into consideration amendments to be made in accordance with legal regulations, would represent unacceptable hardship for one party to the contract.
