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Supreme Chaos Records

TERMS AND CONDITIONS


> General terms and conditions
> Payment and dispatch
> Revocation right

Standard business terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The business terms shall apply to all contracts concluded between Supreme Chaos Records, Robby Beyer, Pfarrer-Höhn-Str. 3, 49545 Tecklenburg, Germany, hereinafter referred to as supplier, and the customer via the website scrmetal.de. Deviations or conflicting terms and conditions shall be applicable only upon our express consent.

(2) A consumer in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term businessman refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products..

Our offers on the website are non-binding and are not a binding offer to conclude a contract.

(2) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the „shopping cart". You can use the respective button in the navigation bar to call up the „shopping cart" and make changes at any time. After the „order" page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s „back" function) or cancel the purchase transaction. When the order is placed using the „Ordering with cost liability" button, you are considered to have made a binding offer to us.

(3) The acceptance of the offer (and with it, the conclusion of the contract) takes place immediately after placing the order via a textual confirmation (e.g. email), in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.


(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 4 Warranty

(1) The statutory warranty rights are applicable.

(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not apply in situations involving culpably caused damages that can be attributed to the supplier and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on the part of the supplier or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).

§ 5 Liability

(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.

(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II).

(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.

(4)  When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.

(5)  The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.

§ 6 Choice of law, place of fulfilment, jurisdiction

(1)  German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2)  The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.


_______________________________________________________________


II. Customer information

1. Identity of the seller

Supreme Chaos Records
Robby Beyer

Pfarrer-Höhn-Straße 3
49545 Tecklenburg
Germany
Phone: 05482 92578-01
Mail: shop@scrmetal.de




The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1. Contract language shall be English.

3.2. The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

3.3. When it comes to enquiries that lie outside the context of the online shopping cart system, you receive all the contract data lying within the framework of a binding offer in an e-mail, which you can print out or save electronically.

4. Main features of the product or service

The main features of the product and/or service can be found in the product description and the supplementary details appearing on our website.

5. Prices and payment arrangements

5.1. The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2. The dispatch costs that are incurred are not included in the purchase price. They can be called up via the relevant button on our website or in the relevant item description, are separately specified during the ordering process and must be borne by you separately, unless a free delivery has been agreed upon.

5.3. The payment methods that are available to you are specified under a correspondingly-named button on our website, or in the respective product description.

5.4. Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any potential delivery restrictions can be found under a correspondingly-named button on our website, or in the respective product description.

6.2. If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

7. Statutory warranty right

7.1. The liability for defects associated with our goods is geared towards the "Warranty" provision in our standard business terms (part I).

7.2. As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing.Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.

last change: 28.09.2016

Payment and dispatch

The following terms and conditions apply:

Dispatch conditions

The products are delivered all over the world.

Dispatch costs (inclusive of legally applicable VAT)

Deliveries within Germany:

We charge lump sum shipping costs of € 4,90 per order except of small CD orders consisting of 1-3 CDs. For these orders we charge as follows:
1 CD € 1,90
2 CDs € 2,90
3 CDs € 3,90
Starting with the 4th CD or when any other kind of product is included we will charge the lump sum shipping costs of € 4,90.


If the net order value exceeds € 100,00 delivery within Germany is free of charge.

Deliveries to foreign countries:

We charge shipping costs for deliveries to foreign countries as follows:

Inside the European Union (EU):
Base costs for CD only orders: € 4,90 including shipping costs for the first CD
Base costs for other orders: € 9,90 including the shipping costs for the first product
Shipping costs for each additional CD: € 1,00
Shipping costs for each additional LP and other products: € 2,00
(Example 4 CDs = € 4,90 + 3 x € 1,00 = € 7,90)
(Example 3 LPs = € 9,90 + 2 x € 2,00 = € 13,90)
(Example 2 LPs + 1 CD = € 9,90 + 1 x € 2,00 + 1 x € 1,00 = € 12,90)

Rest of the world:
Base costs for CD only orders: € 4,90 including shipping costs for the first CD
Base costs for other orders: € 9,90 including the shipping costs for the first product
Shipping costs for each additional CD: € 1,00
Shipping costs for each additional LP and other products: € 3,00
(Example 4 CDs = € 4,90 + 3 x € 1,00 = € 7,90)
(Example 3 LPs = € 9,90 + 2 x € 3,00 = € 15,90)
(Example 2 LPs + 1 CD = € 9,90 + 1 x € 3,00 + 1 x € 1,00 = € 13,90)

Delivery periods

Unless any other period is specified in the item description, the product is delivered in Germany within 3 - 5 days, in case of foreign deliveries, within 5 - 7 days after the order confirmation (in case an advance payment has been agreed upon, after the payment authorisation).
Please note that deliveries are not made on Sundays and other holidays.
If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.

Terms of payment

In case of deliveries within Germany, you have the following payment options:

- Prepayment via bank transfer
- PayPal

In case of deliveries to a foreign country, you have the following payment options:

- Prepayment via bank transfer
- PayPal

In case of questions, please contact us at the contact details mentioned in the Legal Notice.

Revocation right for consumers
(A consumer is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)


Instructions for revocation

Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day,


- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;

- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;

In order to exercise your revocation right, you must inform us (Supreme Chaos Records, Robby Beyer, Pfarrer-Höhn-Straße 3, 49545 Tecklenburg, Germany, Telephone number: +495482 92578-01, Fax number: +495482 92578-02, E-Mail address: shop@scrmetal.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.

In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.


We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.

You must return or transfer the products to us immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline.

You bear the direct costs for returning the products.

You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.

Criteria for exclusion or expiry

The revocation right is not available for contracts


- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The revocation right expires prematurely in case of contracts

- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.

_______________________________________________________________

Specimen - revocation form

(If you wish to revoke the contract, please fill up this form and send it back to us.)

- To Supreme Chaos Records, Robby Beyer, Pfarrer-Höhn-Straße 3, 49545 Tecklenburg, Germany, Fax number: +49 5482 92578-02, Email address: shop@scrmetal.de :

- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/the provision of the following service (*)

- Ordered on (*)/ received on (*)

- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date

(*) Cross out the incorrect option.

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