General Terms and Conditions of Trade


Content

  1. Scope of application
  2. Parties of this contract
  3. Offer and conclusion of contract
  4. Power of revocation for consumers
  5. Prices and delivery expensenses
  6. Delivery
  7. Payment
  8. Reservation of title
  9. Warranty for defects
  10. Liability
  11. Miscellaneous

1. Scope of application

For the business relation between Artist Station Records (hereinafter referred to as "we") and costumer (hereinafter referred to as "you") this General Terms And Conditions Of Trade in their current version will apply exclusively if nothing is agreed otherwise in writing.

Deviant General Terms and Conditions of Trade of you will not be accepted by us even if you have mentioned that they have validity in your order or the acceptance of the order.

2. Parties of this contract

This agreement will be concluded between you and

Artist Station RecordsMartin Kleemann
Egestorffstr. 14
30449 Hannover (Germany)
USt-IdNr.: DE239252515

You can contact our customer service regarding questions, reclamations and complaints via the following email address: Mail@ArtistStation.de.

3. Offer and conclusion of contract

3.1 The presentation of the products on the online shop´s website is not a legally binding offer from us, it is only an invitation to order for you. Errors excepted.

3.2 You will send us a binding order for the products presented on the online shop´s website by clicking the order button in the last step of the order process. We will enter into a contract with you by sending you a confirmation of the order via email promptly after we have received your order.

4. Power of revocation for consumers

Caution about the power of revocation
(only for consumers, not for firms or merchants)

Power of revocation:
You can withdraw from your expression of will regarding the conclusion of the contract with us within two weeks without mentioning any reason in writing (e.g. letter, fax, email) or – in case you have received the product before the end of this time limit- by sending the product back to us. The time limit will start when you have received this caution in written form but not before your have received the product (in case of regularly renewed deliveries of similar goods not before the receipt of the first part of the delivery) and not before we have fulfilled our obligations regarding information according to section 312e clause 2 of the German Civil Code (BGB) in connection with section 1 clause 1, 2 and 4 BGB-InfoV as well as our obligations according to section 312e clause 1 sentence 1 BGB in connection with section 3 BGB-InfoV. To safeguard the time limit it is sufficient that the revocation or the product was sent in time. The revocation has to be addressed to:

Artist Station Records
Martin Kleemann
Egestorffstr. 14
30449 Hannover (Germany)
Email: Mail@ArtistStation.de

The right of revocation does not apply for Long Distance Sales Agreements regarding goods that were made after the wishes of the costumer or that were made in accordance with the personal needs of the costumer or that cannot be sent back to us because of their nature or that are easily perishable or which expiry date exceeded. Furthermore the right of revocation does not apply for Long Distance Sales Agreements regarding the delivery of audio- and audio-visual recordings or software if the delivered data carriers are unsealed by the costumer.

Consequences:

In case of a valid revocation both sides of this contract have to send back to the other party what they have received from the other party plus eventual profit (e.g. interest). In case a party cannot, totally or partly, send back what it has received from the other side or only in a bad condition of the good this party has to pay compensation to the other party. This will not apply if the deterioration was caused by the examination of the goods – like it would have been possible in a normal shop. In case the deterioration was caused in accordance with the intended use you do not have to pay compensation. Goods that can be sent via mail have to be sent back on our risk. You have to bear the costs for the return if the delivered good is identical with what you have ordered and if the price of the good that has to be returned will not exceed an amount over €40,- or – in case the good´s price exceeds an amount over € 40,- if you have not rendered the service in return or if you have not paid installments as agreed in the contract. Otherwise the return is free of charge for you. Goods that cannot be sent by mail will be picked up at your place. Compensation payments have to be made within 30 days. The time period will begin for you with the sending of the revocation and for us with its receipt.

End of the caution.

5. Prices and delivery expensenses

The prices mentioned on our websites include Value Added Tax (VAT) and other price components.

5.2 You will find information about additional postal charges that accrue on our customer information side.

6. Delivery

Deutsche Post (German mail) will deliver our products worldwide. Vinyl recordings (LP, Single) will be delivered within Germany by Hermes.

7. Payment

7.1 You can choose between paying via Paypal or cash in advance. The goods will be sent to you after we have registered your payment.

7.2 You are only entitled to set off claims of yours against ours if your claims have become not appealable, if the claims were not denied by us or if the claims were accepted by us in writing.

You only have a right of retention for claims that originate from the same contractual relation.

8. Reservation of title

You only have a right of retention for claims that originate from the same contractual relation.

9. Warranty for defects

9.1 You have to report obvious defects to us

Artist Station Records
Martin Kleemann
Egestorffstr. 14
30449 Hannover (Germany)
Email: Mail@ArtistStation.de

in writing within seven days after receipt of the goods. After this time period has passed you are not entitled to claims for obvious defects.

9.2 In case of a defect of the good you are entitled to demand correction or a replacement. In case the correction or the replacement will fail you are entitled – if the defect is not irrelevant – to withdraw from the agreement, to reduce the prize or to demand compensation. You are not entitled to assign these claims.

9.3 In case you demand replacement you are entitled to send back to us the good you received first within 30 days. If we do not receive this good within this time period we are entitled to demand compensation for the good delivered first and to debit the price from the means of payment you have chosen.

9.4 The period of limitation is 24 month beginning on the date of the delivery for new good and 12 month beginning on the delivery for used goods in case you are a consumer. If you are a firm or merchant the period of limitation is 12 month beginning on the date of the delivery for new goods and six month beginning on the date of the delivery for used goods.

10. Liability

10.1 As far as not stipulated hereafter otherwise further claims – notwithstanding from which legal basis they originate - of you are excluded. We are not liable for damages that do not appear at the delivered good itself and we are not liable for lost gain or other pecuniary losses especially. As far as our personal liability is excluded or limited the liability of our employees, representatives and servants as well is excluded or limited.

10.2 Aforementioned limitation of liability does not apply in cases in which the damage was caused with intend or gross negligence or a personal injury was caused. Furthermore the limitation of liability does also not apply in case you base your claims on the Produkthaftungsgesetz (German Act concerning the product liability).

10.3 In case we have infringed an important contractual obligation negligently the compensation for property damages is limited to the typical costs in similar cases.

11. Miscellaneous

11.1 All questions arising out of or in connection with this Agreement shall be governed by German Law excluding United Nations Convention on Contracts for the International Sale of Goods, CISG. Exclusive jurisdiction for all disputes out of or in connection with this Agreement is Hanover.

11.2 No change or amendment of this Agreement shall be binding unless confirmed by both parties in writing (letters, faxes but no emails). This clause shall also apply for the written form. No oral agreements are made.

11.3 If a provision contained herein, wholly or partly is invalid or unenforceable the remaining provisions shall not be effected thereby. Instead of the invalid provisions a provision shall apply that would have been stipulated in due consideration of both parties' commercial interests at the time of the conclusion of this Agreement if they had known about the invalidity of the provisions in question.