General
Terms and Conditions of Planet Dread Records
(as per 01/06/07)
§1
Scope
1.1
These General Terms and Conditions apply to all business
relations between Planet Dread Records and their customers
in the actual version valid on the date of signing the contract.
1.2
The General Terms and Conditions of Planet Dread Records
apply exclusively. Any conditions of the client contrary
to or deviating from our General Terms and Conditions are
not accepted unless Planet Dread Records has explicitly
accepted them in individual cases in writing.
§2
Registration
2.1
Each order placement requires your previous registration
as a Planet Dread Records customer. Multiple registrations
under different names and addresses are not permissible.
After successful registration at Planet Dread Records, the
customer is allowed access to the system.
2.2
The admission approval can be revoked at any time without
giving reasons. In this case, Planet Dread Records is entitled
to immediately inhibit the admittance for placing orders.
§3
Accomplishment of the contract, order fee
3.1
Goods are only sold in quantities usual for domestic use.
The representation of Planet Dread Records' product line
on computers displayed via the Internet does not constitute
a binding offer.
3.2
By sending an order by E-mail to Planet Dread Records, the
customer submits a bid. The customer receives a notice of
receipt by Email confirming the order. If required, Planet
Dread Records will inform the customer separately about
possible errors in the information of the product line on
the Website and submit a corresponding counteroffer.
3.3
The contract with Planet Dread Records will be materialized
if Planet Dread Records accepts this offer. Acceptance is
subject to the availability of the ordered products or service.
The declaration of acceptance on the part of Planet Dread
Records to the customer is not required. If Planet Dread
Records cannot accept the bid of the customer, the customer
will be informed about this in electronic form.
3.4
In case of larger orders, Planet Dread Records reserves
the right to ask for a corresponding down payment. The order
will be handled after receipt of the down payment.
§4
Delivery, mailing expenses
4.1
Planet Dread Records delivers the ordered products immediately
to the address indicated by the customer in the order.
4.2
Delivery is made at the mailing expenses indicated in the
individual case.
4.3
Information on the anticipated term of delivery is non-binding
unless Planet Dread Records has made a binding promise to
the customer in writing.
§5
Retention of title
5.1
The delivered products remain the property of Planet Dread
Records until all claims against the customer are completely
settled.
§6
Due-date and payment
6.1
Planet Dread Records only accepts those payment methods
indicated to the customer in each case within the framework
of the order transaction.
6.2
The purchase price as well as possibly incurred order fees
and/or forwarding costs will be due for payment on conclusion
of the contract.
6.3
If the customer is behind schedule with the payment, then
Planet Dread Records will be entitled to claim interests
for default amounting to 5 % above the base rate in each
case. Planet Dread Records' right to claim higher damage
remains unaffected as is the case with the customer's right
to claim lower damage.
6.4
The customer is only entitled to set-off if and as far as
his counterclaims are legally established, indisputable
and accepted by Planet Dread Records.
6.5
In the event of unsuccessful bank collections, Planet Dread
Records will impose a fee amounting to EUR 5.00.
§7
Revocation
7.1
The customer is entitled to revoke his declaration of intent
with regard to the conclusion of the contract without giving
reasons within 1 month after receipt of the products and
return the products within this period. In order to adhere
to the time limit, the dispatch of the products to Planet
Dread Records or to an alternative address possibly agreed
upon is sufficient.
7.2
The costs for returning products up to a value of EUR 50.00
shall be borne by the customer unless the delivered product
or service does not correspond to what was ordered.
7.3
In case of revocation, Planet Dread Records will refund
any purchase price already paid by the customer. Costs for
returns possibly paid by Planet Dread Records according
to section 2 HS 1 will be deducted. In case of payments
abroad, the costs for bank transfers will be deducted in
addition.
7.4
In the event of essential degradations or loss of the products,
the customer has to make up for the corresponding loss in
value. Provided that the customer has already paid the purchase
price, Planet Dread Records is entitled to deduct the loss
in value from the amount to be refunded. In individual cases
the loss in value may correspond to the purchase price paid.
7.5 In case of exclusion of the revocation and of the return
according to § 3 section 2 of the Distance Selling
Act and in accordance with § 6 section 5 of our General
Terms and Conditions the customer has to bear the costs
for the new delivery when the products are returned to us.
§8
Guarantee
8.1
Planet Dread Records will assume the guarantee for defects
existing on delivery of the products for a period of 6 months
under the following conditions:
8.2
The customer must inform Planet Dread Records immediately
and in writing about possibly occurring defects. In the
event of a defect Planet Records is responsible for, Planet
Dread Records will eliminate this defect at its own discretion
either by repairing it or replacing the product.
8.3
If the repair of the defect or the replacement should fail,
if Planet Dread Records is not prepared or not able for
this or if a reasonable deadline is exceeded for reasons
Planet Dread Records is responsible for, then the customer
is entitled to rescind from the contract or claim a reduction
of the purchase price.
§9
Data protection
9.1
Storage and processing of person-related data:
Planet Dread Records undertakes to protect the privacy of
all persons participating in Planet Dread Records' product
ordering system and to keep the personal data in confidence.
This is based on the legal provisions applicable in each
case, such as the Federal Data Protection Act and the Information
and Communication Services Act. The data received from you
will be stored. You can, however, have your data deleted
at any time. Please let us know this by Email under info@planetdreadrecords.com.
9.2
Use of the person-related data:
We use your data only for the purpose of performing the
contract concluded with you.
9.3
Transfer of information:
Planet Dread Records will not disclose person-related data
to third parties. The customers will receive Emails from
Planet Dread Records only when they have agreed to it (through
an order, request for quotation or the like).
9.4
Correction, inhibition and deletion of person-related data:
Planet Dread Records' customers can request their own user
information at any time from Planet Dread Records and have
it changed. For the deletion of your user information, please
proceed as indicated in § 9.1 of these General Terms
and Conditions.
§10
Liability
10.1
Planet Dread Records is unrestrictedly liable for damage
caused intentionally or through gross negligence as well
as in the event of guilefully unmentioned defects.
10.2
Planet Dread Records' liability for other damage caused
to the customer due to any default on the part of Planet
Dread Records, any impossibility Planet Dread Records is
responsible for or breach of any duty the carrying out of
which is of particular importance for attaining the purpose
of the contract (cardinal obligation) is limited to such
damage which is typical and foreseeable by reason of the
contractual use of the product.
10.3
Planet Dread Records is not liable for damage not directly
caused to the product itself, for loss of profit or other
financial losses.
§11
Final clause
11.1
This contract is exclusively governed by the substantive
law of the Federal Republic of Germany excluding the UN
Convention on the international sale of goods.
11.2
For all claims arising in connection with the business relationship,
the exclusive place of jurisdiction is Hamburg, Federal
Republic of Germany.
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