General Terms and Conditions for KlepperMusic Records & Publishing, based in Germany, Annelies-Kupper-Allee 10, 85540 Munich-Haar, represented by Karesten K. Klepper

 

All current and future business relations between KlepperMusic Records & Publishing, hereinafter referred to as KlepperMusic, and the customer are governed by the following Terms and Conditions. These General Terms and Conditions shall apply exclusively, in the relevant version valid at the time of the respective transaction. Any deviations from these General Terms and Conditions require the written confirmation of KlepperMusic to be effective. This particularly applies to business relations that take place through the Internet Shop at the Second Level Domain (SLD) www.kleppermusic.com or www.music4cycling.com, as well as business relations that occur through a second party, such as “Internet Auction” vendors. Contracts resulting through “Internet Auction house” ebay International AG, or any affiliate are also governed by the General Terms and Conditions.

 

When the order is complete, the customer bindingly declares to want to purchase Indoor Cycling Music the goods ordered and is obligated to complete the transaction as stipulated in the Terms and Conditions. The buyer is obligated to complete the transaction once the order is sent to KlepperMusic and the Terms and Conditions are accepted. Before that the customer has the opportunity to check the information entered and, if necessary, make changes or corrections. Only by clicking on the button ‘Order now” does the customer make the binding offer to conclude the contract of sale with KlepperMusic. For orders placed via our online shop, we will, without undue delay, confirm their receipt by e-mail. The customer then has 14 days after the receipt of written confirmation to complete the payment. Failure to pay after this time will result in a written reminder and a fixed deadline for settlement of the outstanding payment. If this deadline is not met the seller will automatically begin the collection process, which will result in an increase in cost of EUR 19.90 that shall be paid by the customer. If this extended deadline is not bet, further collection processes will be enforced which will lead to increased costs of EUR 58.00 also to be paid by the customer.

 

2.1 The products listed on the KlepperMusic Records & Publishing.de Online shop do not qualify as binding offers from KlepperMusic Records and Publishing, but rather an invitation to the customer to submit a binding offer.

2.2 Such a “binding offer” is concluded when the customer confirms intent to purchase - clicking the “order” button - and when KlepperMusic confirms in written form the quantity and exact specification of ordered products as well as the total price of the resulting order and other pertinent information (account details, etc.). Before sending a confirmation KlepperMusic reviews an order examining whether and in what period the goods can be delivered, whether a contractual agreement with the customer must be rejected for legal reasons, or if errors on the website occurred causing mistakes in writing, printing, or calculation. Only by clicking the “order now” button does the customer make the binding offer to conclude a contract of sale with KlepperMusic for the items placed in the electronic shopping cart.

2.3 KlepperMusic is entitled but not committed to accept the contractual offer from the customer within 4 working days of order completion, as stipulated in 2.2. Once written confirmation has been sent by KlepperMusic, the contract between the customer and seller is complete.

2.4 Orders are accepted either by way of an express declaration by us or through delivery of the goods to the customer.

 

Shipping and Handling costs apply to Shipping of the products purchased. These are to be paid by the customer in the form of a standard shipping and handling fee invoiced with the order. Delivery is only guaranteed in the “Shipping” named-Countries. For deliveries abroad (Territories outside of the EU), additional fees may be applied for customs costs etc. These will be paid by the customer and included in the invoiced amount.

 

f the customer is a consumer and the contract with this customer is concluded solely by means of telecommunication tools (i.e. e-mail, internet or fax) in terms of § 312b German Civil Code (BGB), the customer has a Right of Revocation (Widerrufsrecht) in accordance with the following provisions:

4.1 By clicking the “order” on the page “confirm order” the customer agrees to meet the cost of the return postage if the goods delivered correspond to the goods ordered and: - the price of the returned items does not exceed 20 Euros - if, in the event of a higher cost of product, the customer has not yet paid the consideration or a contractually agreed upon installment at the time of revocation. Otherwise, the sales return is free of charge for the customer.

4.2 Provided that the buyer has made use of their right of revocation regarding all goods ordered in a single transaction, the shipping cost incurred by the buyer for returning the product will be reimbursed by KlepperMusic and KlepperMusic will cease pursuit of costs not yet paid to them. The return shipment takes place at the risk of KlepperMusic. Further information on the right to revocation can be found by clicking on the button “Right of Revocation”.

4.3 (1) According to 13 in the German Civil Code, the buyer has the right to return damaged or defective goods within 14 days of receipt. Consumers must notify us in writing of any defects on the goods apparent on receipt within a period of 14 days from receipt of the goods. Decisive for observing the period set is receipt of the notification by us. Should the Consumer omit this notification, any claims for defects by the customer in respect of these obvious defects shall be excluded on expiry of the two week period. This shall not apply in the case of fraudulent concealment of defects by us. The buyer also has the right to revocation within 14 days of receipt of the purchased products, with a written statement detailing the grounds for cancellation of the contract previously entered into. In the case of an ebay auction or a similar trading platform, or should the customer have been informed of their Right of Revocation only after the contract has been concluded, the Period of Revocation shall be once month after delivery of the goods. Compliance with the Period of Revocation only requires timely dispatch of the revocation notice or timely return of the goods. The revocation notice must be addressed to: KlepperMusic Records & Publishing, Annelies-Kupper- Allee 10, 85540 Munich, Germany (2) The right of revocation does not apply to contracts pertaining to the delivery of goods that were manufactured according to the customer’s specifications, that were clearly tailored to the customers specific needs, or due to their configuration, unsuitable for return. The right of Revocation also does not apply in the case of sealed goods if the seal has been opened or damaged (unsealed).

 

5.1 KlepperMusic will accommodate partial deliveries so long as they are reasonable for the customer. Any additional shipping fees required will be paid by KlepperMusic.

5.2 Contracts are concluded with the reservation that we receive correct and timely deliveries from our suppliers. However, this reservation shall only apply as far as KlepperMusic is not responsible for the non-delivery.

5.3 In such an event, KlepperMusic will notify the customer without undue delay of the non-availability of goods ordered. Should KlepperMusic wish to withdraw from the contract, they will exercise this right immediately. KlepperMusic will refund any amounts already paid without undue delay in respect of the relevant items.

5.4 The buyer shall only have the right of compensation if the counterclaims are legally established, undisputed or recognized. In addition, the customer is only entitled to exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.

 

6.1 If the goods delivered to the buyer have any defects that interfere with the use as postulated in the contract, the buyer has the right to choose between repairing the defective product or requesting delivery of a replacement article. If the defects to the product are minimal, the customer may request repairs but will not be entitled to request a replacement article. If the attempt to repair the article fails, the buyer may request a reduced price of goods received or withdraw from the contract. The statutory period of limitation for the delivered merchandise is 2 years from the time of delivery. KlepperMusic is liable according to the terms of product liability or other legal obligations. In the case slight negligence, compensation for any breach of essential contractual duties shall be limited to typical contractual damages, that do not exceed the price of the merchandise. The lawful statue of limitation shall apply.

 

The purchaser agrees to the utilization of personal data. Data necessary for order processing may be stored and, when necessary exchanged with participating companies. The contractor commits himself to handle all personal data strictly confidential. For reasons of credit card transactions the purchaser entitles the contractor to exchange data with 3rd party companies and credit agencies.

 

8.1 The legal relationships between the customer and us are subject to the law of the Federal Republic of Germany. The Uniform Law on the International Sale of Goods shall be excluded.

8.2 If the customer is a businessman, legal entity under public law or statutory special fund, the sole place of jurisdiction for any disputes arising from this contract shall be our registered office in Munich. The same shall apply if the customer does not have a general place of jurisdiction in Germany, or if the domicile or usual residence is not known at the time an action is filed.