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Allgemeine Geschäftsbedingungen von Music Rebel Allgemeine Geschäftsbedingungen von Music Rebel

§ 1 Scope of application

This website, accessible via the domains musicrebel.de or rockersuptown.de a business unit of Music Rebel

The business relationships between the company Music Rebel, in the following called seller, and the customer are exclusively subject to the general conditions and terms as listed in the following. The seller does not accept any differing conditions of the customer. Differing conditions shall apply only after expressive and written agreement of the seller.

§ 2 Conclusion of agreement and right of revocation

If despite the contractual obligation the supplier of the seller does not supply the seller with the ordered goods, the seller has a right of revocation. In this case, the customer will be informed by return that the ordered goods are not available. The purchasing price already paid will be paid back immediately.

The customer himself is authorized to cancel the purchasing contract within a fortnight in writing (also by e-mail) or by returning the goods. If the order volume exceeds 40 Euro, the seller will refund the costs for returning the goods. We would like to point out that the seller is entitled to any reduction in value caused if the corresponding goods have already been used.

The seller does not offer any products for sale to minors. All products can only be bought by adults.

§ 3 Advice of return

Return

The customer is entitled to return the received goods within 1 month without stating any reasons. The period starts at the earliest upon receipt of goods and this instruction. In case of a return consignment with an order volume of up to 40 Euro, the customer will have to pay the transport costs of a reconsignment if the delivered goods correspond to the ordered ones. Otherwise, the return costs are free of charge for the customer. Returns have to be sent to:

Music Rebel
Kerpener Str. 29a
50937 Köln

E-Mail:
Internet: http://www.rockersuptown.de/catalog/contact_us.php

Consequences of return

In case of an effective return the services received by both parties have to be returned and any benefits taken from the utilization (e. g. compensation for use) to be given back. If the goods are in worse condition it is possible to claim equivalent compensation. This does not apply if the deterioration of the goods is exclusively due to their verification like it would have been possible in a shop. By the way, you can avoid the duty for equivalent compensation by not using the goods like a proprietor and by avoiding everything which could have a negative effect on their value.

§ 4 Delivery

If not otherwise agreed upon, delivery will be done ex works to the delivery address stated by the customer. Details about delivery times are without any obligation, unless the delivery date has been definitely accepted by way of exception.

§ 5 Maturity and payment, delayed payment

The customer can pay the purchasing price by invoice (according to the provisions explained in § 5), credit card or direct debit. If payment is delayed by the customer, the seller is entitled to require default interest, exceeding the annual base interest rate announced by the European Central Bank by 5 %. If the seller should be provably faced with a larger damage caused by default, he is entitled to assert it.

§ 6 Offset and lien

The customer is entitled to offset only if his counterclaims have been recognized by declaratory judgement or if recognized by the seller. Moreover, he is authorized to execute lien only to such extent as his counterclaim is based on the same contractual relationship.

§ 7 Reservation of property

The goods remain property of the seller until complete payment.

§ 8 Liability for defects

In case of a defect of the purchased subject, the customer can call for subsequent fulfillment (correction of faults or substitute delivery). Should the subsequent fulfillment fail, the customer can withdraw from the contract, reduce the purchasing price or claim damages if the defect is substantial.

Unless otherwise agreed upon, further claims of the customer - it does not matter for which legal arguments - are excluded. Therefore, the seller is not liable for damages not caused at the delivered subject itself; he is especially not liable for lost profits or other financial damages of the customer. If the liability of the seller is excluded or limited, this applies also to the personal liability of employees, representatives and assistants.

Above-mentioned limitation of liability does not apply if the damage is based on intention or gross negligence or in case of personal injury. It does not apply either if the customer asserts claims of §§ 1, 4 product liability law.

If the seller negligently neglects a duty important for the contract, the liability for material damages is limited to the typically developing damage.

§ 9 Data protection

Information about kind, volume, place and purpose of the registration, processing and use of private data through the seller can be found in the Data Protection Act.

§ 10 Applicable right

All agreements are regulated by German law, with the exception of the UN sales law.

§ 11 Severability clause

If a clause should be inoperative, all other determinations remain uneffected. Instead of the inoperative clause, the legal regulations apply.

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