Terms and Conditions
§ 1 Applicability
The present General Terms and Conditions shall apply exclusively to all business relations between alientransistor.com (hereinafter referred to as AT) and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by AT and the purchaser in writing, in individual cases.
alientransistor.com is operated by Morr Music Distribution GmbH. Morr Music Distribution GmbH has been entered into the commercial register at the relevant local court (Amtsgericht Charlottenburg).
§ 2 Contract conclusion
At AT orders can be made by telephone, letter, telefax or e-mail. An incoming order to AT constitutes an offer to conclude a sales contract with AT.
The sales contract between AT and the purchaser shall exclusively be brought about if AT dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to AT. A contract will not be concluded for any goods that have been ordered but that are not included in the consignment. The contractual partners are the purchaser and AT.
Goods are only sold in the amounts that are usually made available to end-consumers.
§ 3 Delivery, cost of delivery
Insofar as nothing else is agreed on, the consignment will be sent from the AT warehouse to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
§ 4 Payment, maturity and default
Payment can be made by paypal or advance payment (bank transfer).
If the purchaser is in default of payment, AT shall be entitled to charge default interest at a rate of 5,00% per year over the base lending rate specified by the European Central Bank. If AT suffers a higher loss (e.g. due to return debit notes), AT can demand for reimbursement of the higher loss instead of default interest.
The amount invoiced is due for payment on receipt of the invoice which is attached to the delivered goods.
§ 5 Set-off, retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by AT.
§ 6 Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of AT.
§ 7 Liability for defects
The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods.
AT is therefore not liable for any damages except for damages to the actual delivered goods.
AT emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. AT shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
AT emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intelectual property rights or ancillary copyright. AT shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intelectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 3 here in are also applicable to AT’ employees, representatives and vicarious agents.
The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
In those cases where AT provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to AT at the expense of AT within 30 days of receipt of the replacement delivery.
Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser.
§ 8 Data protection
Personal data that AT has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. Further details are specified in the data privacy regulations.
§ 9 Applicable law
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us
Alien Transistor GmbH
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of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us
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without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.