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All contracts with “African Beat Records” are on the basis of these general terms of business.
General Terms of Business African Beat Records 28.07.2003
General Terms of Business
§ 1 Terms of validity
All the business relationships between African Beat Records and the customer are exclusively valid under these terms and conditions. The following terms of businness apply at the time of any order in writing. African Beat Records does not acknowledge differing terms and conditions of the customer, unless otherwise agreed in writing.
§ 2 Conclusion of contract
Orders will be confirmed with all details by African Beat Records. by e-mail. Written orders to African Beat Records are a proposal for a sale contract. A contract does not come into being until African Beat Records accepts the order with a delivery confirmation by e-mail. Products not expressly agreed in the delivery confirmation are not binding on the sale contract to African Beat Records. Only a household quantity of products can be supplied by African Beat Records. The customer shall pay attention to order not more than this quantity.
§ 3 Cancellation and return of goods
The customer has the right to cancel the contract within 2 weeks of receipt the products. The customer can notify the cancellation of the contract to African Beat Records in writing (by e-mail as well) or returning the products. The costs for returning goods will be carried by the customer. African Beat Records is entitled to deduct an amount from the whole purchase price in the event of a loss of the commercial value of the returned products, i.e. if the goods have been used before returning. The right to cancel does not apply to audio or video records (for instance cds, videotapes, dvds) which have been unsealed by the customer.
§ 4 Delivery
Deliveries will be executed ex storehouse to the address indicated by the customer, unless otherwise agreed. Details about delivery time are not binding insofar as the delivery date has not been binding agreed by way of exception. African Beat Records is entitled to withdraw from the contract, though liability by contract, if its own suppliers do not supply the goods ordered. In this case the customer will be immediately informed that the products can not be made available. The purchase price will be refunded without any delay.
§ 5 Maturity and payment, default of payments
The customer can make payments in advance, by credit card (via Paypal) or direct debit procedure. If the customer falls in payment arrears African Beat Records is entitled to riquire interest on arrears in the amount of 5% p.a. above the European Central Bank Base Interest Rate. African Beat Records is entitled to enforce this condition in the event of a demonstrable larger loss incurred through late payments.
§ 6 Offsetting and retention
The customer has the right to offset against claims which have been established as legally effective or acknoledged by African Beat Records. The customer is entitled to exercise rights of retention against claims from the same legal relationship.
§ 7 Retention of ownership
All the products shall remain property of African Beat Records until full settlement of all payments.
§ 8 Liability for defects
In the event of defects in delivered products the customer is entitled to require a subsequent fulfilment of the contract (a defect repair or a product replacement). If African Beat Records fails this fulfilment in case of significant defects the customer shall be entitled to withdraw from the contract, to a reduction in the purchase price or to a compensation. Further claims arising from the contract relationship are hereby expressly excluded. African Beat Records is not liable for damages incurred after delivering, for loss of profit or for financial damages to the customer. Insofar as African Beat Records liability is excluded or limited, this also applies for the personal liability of employees, representatives and auxiliary agents. This exclusion of liability shall not apply for damages arising from intent, gross negligence or personal injury. This exclusion of liability shall not further apply if the customer enforces the claims from the sections §§1,4 binding on products. The liability for material damages, arising from a negligent breach of obligations on the part of African Beat Records, is limited. The period of limitation is equal to twenty-four months after delivery.
§ 9 Data protection
African Beat Records accepts the obligation to protect the privacy of the customer and to treat all the personal information confidentially. The data will be stored as received and they can be deleted by the customer at any time. African Beat Records will use this information to fulfil the sale contract and only within the framework of the business relationship. African Beat Records will not divulge any confidential document or data to any third party.
§ 10 Applicable law
The German law applies exclusively and the legal place of judgement is Lindau. The UN Right of Purchase is excluded.
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