§1 General
1. For the entire business relationship with our customers these general terms and conditions of trade are valid. If a customer wants to change terms and conditions we would have to accept them in written form.
2. The goods shall be delivered only in the versions, packaging units and minimum quantities specified in our web shop.
3. We reserve to make any changes to the goods without notice if this is necessary due to technological advancement. We also reserve the right to reasonably modify the shape and color of the goods without prior notice.
§2 Placing of orders
Orders placed by the customer are binding.
§3 Delivery and costs
1. Delivery shall be effected as quickly as possible.
2. Delivery shall be subject to the availability of the goods ordered. The availability of all products shall be subject to prior sale.
3. Shipping costs shall always be for the customer's account.
4. Partial deliveries are allowed, as far as they are reasonable.
§4 Prices
1. If no extra price agreement has been agreed on between the customer and High Roller Records, the prices stated in our online-shop are valid. The right to change prices without notice is reserved. This right to change prices is not valid for already completed contracts.
3. All prices include VAT, if nothing else is stated.
4. The prices shall refer to the article as illustrated therein in accordance with the description, if there is nothing else stated in our online-shop.
§5 Terms of payment
1. We only accept advance payment by using the following methods of payment: bank transfer, Paypal and Western Union.
2. Payment shall not be deemed to have been made until it is irrevocably credited to our account.
Right of Revocation:
You may, without stating reasons and within 14 days, revoke your declaration of agreement in text form (e.g. letter, fax, email) or - when the subject matter has been relinquished to you prior to expiration of the time-limit - by returning the subject matter. The revocation period commences the day following receipt of this information in writing, however not before the recipient receives the subject matter (where repeat deliveries of the same type of merchandise are concerned, not before receipt of the first partial delivery) nor before fulfillment of our information obligations in accordance with Article 246 § 2 in combination with § 1 paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code) nor our obligations in accordance with § 312e paragraph 1 clause 1 BGB (German Civil Code) in combination with Article 246 § 3 EGBGB. The time-limit shall be deemed to have been observed by the timely dispatch of the declaration of revocation or the subject matter.The revocation is to be addressed to:
High Roller Records
Inhaber: Steffen Boehm
Marienthaler Str. 78
08060 Zwickau
Germany
E-mail: order@hrrecords.de
Consequences of Revocation:
In case of a valid revocation, all mutually received services or products and any profit derived therefrom, if any, such as interest, are to be restituted by either side. In the event that you are unable to return the services or products received in their entirety or where you can only return them in a deteriorated state, then you will be liable to pay compensation where applicable. This shall not apply if deterioration is exclusively due to examination of the subject matter - as would be possible in a retail store. As for the rest, the obligation of compensation for deterioration caused by putting the subject matter to its intended use can be avoided by not treating the subject matter as if it were your own property and by omitting anything detrimental to the value. Subject matter that is able to be returned by parcel shall be returned at our risk. The costs of returning the subject matter will be met by yourselves when the merchandise supplied corresponds with the merchandise ordered and when the price of the subject matter to be returned does not exceed 40 Euro or if, when the price is higher, you have not yet rendered consideration or arranged for part payments by the date of revocation. Otherwise the return of the subject matter is free of charge for you. Subject matter that cannot be dispatched by parcel shall be collected at your premises. Obligations to reimburse payment must be fulfilled within 30 days. For you, the period commences with the dispatch of your revocation declaration or the dispatch of the subject matter, for us it commences with its receipt.
END OF INFORMATION ON RIGHT OF REVOCATION
§7 Warranty
1. The warranty claims of the customer are limited initially to the right to repair or replacement. The choice of the customer may be refused by High Roller Records, if it is only possible with disproportionate costs. Commercial customers do not have such an option. After the second unsuccessful attempt the repair is considered failed, if it does not appear from the nature of the matter or defect or other circumstances a different conclusion.
2. After a failed repair the customer is allowed to reduce the payment or to cancel the contract.
3. The warranty shall not cover operating errors, damage caused by improper use, connection, installation or storage or third-party interference.
§8 Damage in transit
If upon receipt of delivery, the customer detects damage to the packaging, he shall ask the transporter to confirm the damage in writing upon acceptance of delivery or immediately notify us in writing of conditional acceptance of the delivery on account of the damage to the packaging. If any damage will be detected after the goods were unpacked, we must be notified immediately in written form. Complaints shall not be accepted if it is not possible for the seller to examine the goods concerned or the customer has failed to lodge a written complaint within the requisite period.
§9 Retained ownership rights
1. We shall retain full ownership rights in the goods supplied pending receipt of full payment. The customer undertakes to notify us of any change in the place of residence/business as long as any amounts remain due to us from the delivery of the goods or the goods have not yet been delivered. The customer may not pledge the goods or use them as collateral.
2. We shall be notified immediately of any third-party interference with the goods still owned by us and the receivables still outstanding.
3. In this connection, the customer shall bear the cost of all measures which we deem reasonable for averting such interference including but not limited to the cost of intervention processes.
4. The customer shall always be deemed to process or modify the goods delivered on our behalf. If the goods delivered are processed with other objects not belonging to us, we shall acquire co-ownership rights in the end product commensurate with the value of the goods delivered relative to the other objects processed.
§10 Place of fulfillment, legal venue and storage of data
1. In the case of business entities, the place of fulfillment shall be deemed to be Zwickau.
2. In the case of contracts with business entities, all disputes shall be referred to the courts of law of the town of Zwickau as well as in cases in which the customer is not subject to the jurisdiction of the courts of the Federal Republic of Germany, moves his place of residence or normal abode outside the territory of the Federal Republic of Germany or his place of residence is not known as of the date on which proceedings are commenced.
3. It should be noted that customer data is stored in accordance with the German Federal Data Privacy Act and that, by placing his order, the Customer confirms that he agrees to his personal data being stored, processed and utilized in accordance with that Act.
4. German law shall be deemed to apply; this shall also apply to legal relations with foreign partners.
§ 11 Validity of these conditions
If these Standard Terms and Conditions of Business are excluded in part or in full from the contract or if any part thereof is deemed void, this shall have no effect on the validity of the remaining provisions. If these provisions are excluded from the contract or are deemed void, the relevant statutory provisions shall apply. The contract shall only be deemed to be void if in the light of the amendments required to be made in accordance with the relevant statutory processes continued performance of the contract results in undue hardship for either of the parties.