All transactions between Erdenstern and their customers shall be exclusively subject to the following General Standard Terms and Conditions and are based on the fundamentals of the law of the Federal Republic of Germany. These General Standard Terms and Conditions shall be deemed recognised upon acceptance of the delivery from Erdenstern.
2. Conclusion of contractThe contract shall either be affected by explicit order confirmation from us or by our shipment of the goods. Order entry of online orders shall be confirmed automatically by us. However, this confirmation of receipt does not constitute an order acceptance in the sense the first sentence of item 2.
3. Shipment costs and conditionsAll shipments shall be made ex Erdenstern in Hamburg. All shipment costs shall be invoiced to the purchaser. Erdenstern reserves the right to determine the shipment procedure and to select the means of transport. Partial deliveries shall be effective as separate transactions. If the invoice amount exceeds € 40 (i. e. three CDs), shipment shall be made free of charge. The shipment of orders for less than this amount will be charged at a fixed rate of € 2.60 within the Federal Republic of Germany. For all deliveries to other european countries, we will charge a fixed rate of € 4.90 or $7.70 or £ 3.90. For deliveries to non-european countries, we will charge a fixed rate of € 11.00 or $17.30 or £ 8.80 (air mail).
4. Conditions of paymentCurrently we accept only payment in advance. Our products are provided at the final current gross price (net price plus the legally stipulated VAT). The prices stated on the internet are in the named currency and include the legally stipulated VAT; price errors and omissions shall remain excepted.
5. Return instructionsOrders can be revoked in writing (e.g. letter, fax or e-mail) without substantiation or by returning our goods within two weeks. The time allowed commences at the earliest upon receipt of our goods and these instructions. Punctual dispatch of revocation or of the goods shall be deemed sufficient for adherence to the revocation period. The revocation must be sent to:
Eva-Maria Irek
Wandsbeker Chaussee 45
22089 Hamburg
Germany
E-Mail:
Our goods must be returned to us at the customer's risk immediately after timely exercise of the right to revoke unless revocation was already exercised by return.
Please ensure that suitable packaging is used when returning goods, preferably the original packaging. The customer shall pay the return shipment costs for goods deliveries with an order value of up to 40 Euros in as far as the goods delivered were the goods ordered. Otherwise return shipments are free for customers. Should the purchase price already have been paid, it will be reimbursed immediately following a revocation. Should our goods not be returned following revocation or only returned in part or in a worse condition, the customer shall be legally liable to replace their value. This shall not apply if the customer only examines our goods as, for example, they would do in a normal shop. However, all use of the goods further and beyond this shall entitle us to claim for compensation which may reach the level of the purchase price. Therefore, if the customer is considering revocation, it is better for him to restrict himself to visual examination and not to make normal use of the goods.
End of the return instructions.
All articles delivered shall remain the property of Erdenstern until they are fully paid.
7. Data storageInformation according to §33 BDSG [Federal Data Protection Law]: all person-related data is always treated confidentially. Erdenstern saves and processes the customer data needed to perform the business under strict compliance with the Federal Data Protection Law (§28 BDSG). Customer data is saved in the form of name, home and business address and all other entries made in the account opening form.
8. MiscellaneousWe reserve the express rights to reject orders without having to specify the reasons. No rights whatsoever shall arise against Erdenstern as a result of supply problems. Cancellations of orders must generally be given in writing.
9. LiabilityDespite careful checking of their contents, we undertake no liability for the contents of external links. Only the owners of the linked pages shall be responsible for their contents.
10. Final provisionsThe place of performance for both parties shall be 22089 Hamburg, Germany. Only German law shall apply. The place of jurisdiction for businessmen shall be 22089 Hamburg, Germany.
11. Separability clauseThe invalidity of individual provisions shall not affect the validity of the remaining business terms.
May 2006, Eva-Maria Irek (for Erdenstern)