General Terms and Conditions
Sound Quake Music GmbH
General Terms and Conditions
(last amended 01/07/06)
1.1 The version of these General Terms and Conditions current at the time that the sales and purchase contract is entered into shall apply to all business transactions between Sound Quake Music GmbH and its customers.
1.2 Our General Terms and Conditions shall apply exclusively. Any terms the customer may have that contradict or deviate from our terms and conditions shall not be recognised, except if in individual cases Sound Quake Music GmbH shall have expressly agreed to such terms.
2.1 It is a prerequisite of placing an order that you register in advance as a customer of Sound Quake Music GmbH. Multiple applications under different names and addresses are not allowed. When the registration process has been successfully completed, Sound Quake Music GmbH will give the customer access to the system.
2.2 Sound Quake Music GmbH may revoke access at any time without giving any reason. In such an instance, Sound Quake Music GmbH shall be entitled to block forthwith the user name and corresponding password.
§3 Contractual commitment, order fees
3.1 Goods are sold only in normal domestic quantities. The presentation of Sound Quake Music GmbH's range of products and services on servers accessible via the Internet does not represent an offer for sale as defined in Article 145 et sqq. of the German Civil Code.
3.2 By sending an order by e-mail to Sound Quake Music GmbH the customer is tendering a purchase offer as defined in Article 145 of the German Civil Code. The customer shall receive confirmation by e-mail that the order has been received. Where applicable, Sound Quake Music GmbH shall separately advise the customer of any mistakes in the product range details on its website and shall make the customer an appropriate alternative offer.
3.3 The contract with Sound Quake Music GmbH comes into force when Sound Quake Music GmbH accepts the purchase offer. Acceptance shall be subject to availability of the item or service ordered. Sound Quake Music GmbH shall not be required to advise the customer that the purchase offer has been accepted and the customer waives any right to being so advised, as per Article 151 s. 1 of the German Civil Code. Should Sound Quake Music GmbH be unable to accept the purchase offer, the customer shall be notified of this electronically.
3.4 Sound Quake Music GmbH reserves the right to require an appropriate down payment for larger orders. Such orders shall be processed following receipt of the down payment.
§4 Delivery, carriage costs
4.1 Sound Quake Music GmbH shall deliver the ordered goods without delay to the address indicated by the customer in the order.
4.2 Delivery shall be provided at the carriage costs indicated in each individual case.
4.3 All details provided about likely delivery times shall be non-binding, except if in individual cases Sound Quake Music GmbH shall have given the customer a binding written agreement.
§5 Retention of title
Any and all goods supplied shall remain the property of Sound Quake Music GmbH until all outstanding claims against the customer have been settled in full.
§6 Payment terms
6.1 Sound Quake Music GmbH accepts only those payment methods named on each occasion to the customer as part of the process of placing an order.
6.2 The purchase price plus, if applicable, any order fees arising and/or delivery costs become due as soon as the purchase contract is concluded.
6.3 Should the customer fall into arrears, Sound Quake Music GmbH shall be entitled to charge interest at the level of 5% above the prevailing bank base rate. This entitlement does not affect the right of Sound Quake Music GmbH to assert a higher claim, nor that of the customer to assert a lower one.
6.4 The customer shall have right of set-off only insofar and to such extent as the customer's counter claims are legally valid, undisputed or accepted by Sound Quake Music GmbH.
6.5 A fee of 5 euros will be levied by Sound Quake Music GmbH for any bank debit that fails to be honoured!
§7 Withdrawal from the contract
7.1 The customer shall - without stating grounds - be entitled to change his mind about entering into the contract within two weeks of receipt of the goods either by withdrawing from the contract in a written form (e.g. letter, fax, e-mail) or by returning the goods. The above period of time is deemed to have been complied with provided the withdrawal is sent or the return consignment dispatched within the above period. The declaration of withdrawal is to be sent to: Sound Quake Music GmbH, Elisabethstr. 14, D 32791 Lage.
7.2 Costs of returning goods up to a value of 40 euros shall be borne by the customer, except if the goods or services supplied were not those ordered.
7.3 In the event of the customer withdrawing from the contract, Sound Quake Music GmbH shall repay to the customer any purchase price that has already been paid. Any costs incurred in having the goods returned, as per the first half-sentence of clause 2 above, shall be deducted. For international payments, bank transfer fees shall also be deducted.
7.4 If, when a customer withdraws from a contract, the goods are significantly degraded or lost, the customer shall reimburse Sound Quake Music GmbH for the corresponding reduction in value. If the customer has already paid the purchase price, Sound Quake Music GmbH shall be entitled to deduct the reduction in value from the amount to be repaid. It is possible that in individual cases the reduction in value will correspond to the purchase price.
7.5 The right of withdrawal does not apply to contracts on the supply of periodicals, newspapers and magazines, or to the supply of audio or video recordings, or software insofar as the customer has broken their seal.
8.1 For a warranty period of 2 years, Sound Quake Music GmbH shall accept liability in accordance with the following provisions for any defects that existed when the goods passed to the customer.
8.2 If a defect comes to light for which Sound Quake Music GmbH is liable, Sound Quake Music GmbH shall remedy such at the discretion of the customer either by rectifying the defect or providing a replacement.
8.3 Should attempts to remedy the fault or provide a replacement fail, should Sound Quake Music GmbH be unwilling or unable to do either, or should provision of such a remedy be delayed for an unreasonable length of time for reasons not beyond the control of Sound Quake Music GmbH, the customer shall be entitled to rescind the contract or to demand a reduction in the purchase price
§9 Data protection
9.1 Storing and processing personal data
Sound Quake Music GmbH undertakes to protect the privacy of every individual who purchases items from our shop and to treat all personal data confidentially. Treatment of personal data shall be based on such statutory provisions as may from time to time apply, such as the German Federal Data Protection Act (BDSG) and the Information and Communications Act (IuKDG). Data obtained from you will be saved. However, you are able to have this deleted at any time. If you wish this to be done, please let us know by sending an e-mail to email@example.com.
9.2 Utilisation of personal data
We shall use your details for the sole purpose of enabling us to fulfil the sales and purchase contract entered into with you.
9.3 Passing on information
Sound Quake Music GmbH does not pass on any personal data to third parties. Customers of Sound Quake Music GmbH receive e-mails from Sound Quake Music GmbH only if they have given their consent to this (e.g. by subscribing to the newsletter).
9.4 Amending, blocking and deleting personal data
After registering, customers of Sound Quake Music GmbH are able to view and edit their own user details at any time in the password-protected area of the Sound Quake Music GmbH's website. To have your user details deleted, please contact firstname.lastname@example.org.
9.5 Security measures to avoid loss and misuse of personal data
For the highest possible confidentiality, we use encryption technology when transferring personal information / data. So that only you have access to them, your personal data are password-protected. Our servers employ a variety of security measures and authorisation procedures to make it difficult for anyone to gain unauthorised access.
10.1 Sound Quake Music GmbH shall be liable without limitation for any damage or loss incurred by intent or due to gross negligence, in the case of the malicious concealment of defects, in the case of assumption of a quality warranty, for claims based on the law on product liability, and in the case of bodily injury or harm.
10.2 Liability for any other damage or loss incurred by the customer due to Sound Quake Music GmbH being in default, unable to fulfil its obligations, or being in breach of an obligation, adherence to which is of particular importance to achieving the intended purpose of the contract (a cardinal duty), shall be limited to such claims as may, by virtue of the contractual application of the goods, be typical and predictable.
10.3 Claims not directly attributable to the goods themselves, lost earnings, or any other financial losses suffered by the customer will only be recognised by Sound Quake Music GmbH in the case of intent or gross negligence.
§11 Final provisions
11.1 This contract shall be subject exclusively to the substantive law of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods.
11.2 Insofar as the customer is a commercial trader, exclusive jurisdiction for all claims in connection with this business relationship shall rest with the courts of Detmold.