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| Conditions / Imprint |
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Imprint
Company:
Xl-Music & Fashion GbR
Office:
ABC-Strasse 3a, 23966 Hansestadt Wismar
Director:
Bert Möller
Authorized to represent:
Frank Barsch
Responsible for content:
Bert Möller
E-Mail:
info@xl-music.de
URL:
www.xl-music.de
St.Nr.:
080 250 / 02564 Finanzamt Wismar
Disclaimer:
Despite careful contentwise control we do not take over responsibility for contents of extern linked websites. The contents of the linked sides are responsible to their owners.
Webdesign by:
Jan Strüwing
mail: sweo1@gmx.de
Conditions
Click here to download our conditions as *.pdf-File
I. Ambit
Our terms of condition apply exclusively. From these terms of sale deviating conditions of the customer do not have validity. So far legally permissible, these conditions apply to all achievements of XL-Music with inclusion of the advisory activities.
II. Prices
If from the confirmation of order nothing else results, our prices apply starting from registered place of business Wismar. The prices for final consumers are not-binding and understand themselves including at present valid value added tax. The calculations are immediately due starting from invoice date according to the imprinted conditions for payment. If the customer comes into delay of payment, then XL-Music is justified to compute interests at a value of 5% over the basis rate. If XL-Music can prove a higher damage caused by default, the right exists to make these valid. In the case of dispatching the commodity additionally at the price of the commodity a dispatch portion is computed.
III. Dispatch
The dispatch exclusively takes place on danger of the customer. The danger of the loss and the degradation turns into on the customer, as soon as XL-Music handed the goods to the mail-order house over duly. All goods are transport-insured automatically by XL-Music. XL-Music has the right to determine a suitable transit period. It avails itself here of only renowned transport enterprises. The customer is obligated, immediately after the commodity these on transport damages to examine. With damage to the packing the customer let itself be certified with acceptance of the commodity this of the transport enterprise in writing. When not visible damages the customer is obligated to announce immediately these to XL-Music. In the case of missing documentation of the damage and/or with late Rüge first visible damage do not expire to that extent all rights of the customer.
IV. Return right with consumer contracts
As far as the remote paragraph law applies with distance contracts (consumer contracts), the right of revocation is waived and replaced by an unrestricted return right. The customer is entitled, its return right within 14 days, beginning with the day of the receipt of the commodity to exercise. The cancelling demand of the customer must be made valid by it in writing or on a durable data medium (fax, email) opposite XL-Music, whereby a reason is not necessary. XL-Music bears, if the commodity value amounts to at least 40 euro, the complete cost of the return; in all other respects it carries the orderer. It is, the supplied commodity corresponds not to the order commodity. XL-Music will arrange the cancelling immediately after entrance of the cancelling demand at the customer from XL-Music either by UPS, forwarding business or forwarding of a Freeway sticker of the German post office AG. Directly after receipt the return with XL-Music it will examine these and will then furnish within 30 days the reimbursement of costs interest and free of charges after choice of XL-Music either by transfer, if the account number admits is, otherwise by dispatching a cheque. If the payment takes place via a customer credit map, the Rückerstattung of the loaded amount of the customer credit map interest and is free of charges made.
V. Delivery time
XL-Music will strive to implement the delivery time immediately after coming off the contract. If nothing contrary was expressly agreed upon, XL-Music is justified to partial deliveries. If the supply can be implemented not immediately, XL-Music will indicate one time for delivery. XL-Music does not come into delay, if this indicated time for delivery is exceeded by less than 18 days. This period extends accordingly with higher force, labor dispute measures, official measures, as well as other unexpected events, which cannot be avoided despite that reasonably to expecting precautionary measures. It turns out within this subsequent delivery period that the supply is unreasonable for XL-Music not possibly or, XL-Music is justified to withdraw from the contract. For this case requirements for compensation are mutually impossible. If XL-Music comes nevertheless into delay, then their compensation obligation is limited in case of more easily negligence to an amount of 30% of the foreseeable damage. Large requirements for compensation exist only, if the delay is based on resolution or rough negligence.
VI. Guarantee
If a lack representing from XL-Music to is present, then XL music service is justified after its choice for the removal of the lack or for replacement. In case of the removal of the lack XL-Music is obligated, all expenditures, in particular transportation, way, necessary for the purpose of the lack removal, to carry work and material costs as far as these do not increase by the fact that the purchase thing was spent after another place than the place of delivery. With distributing houses thus the receiver is obligated to send the commodity at his expense and risks to the seat of music service (Wismar). The risk and the costs of the return carry music service, if the notice of defect were justified. If the lack removal fails or if XL-Music is ready for the lack removal or replacement, or not able, or retards these beyond appropriate periods, for reasons, which XL-Music has to represent, then the customer is entitled to withdraw from the contract or to require a reduction of the purchase price. Over it going out requirements of the customer, in particular requirements for compensation including escaped profit or because of other financial damages of the customer, are impossible. Managing adhesion agreement does not apply, as far as the cause of damage is based on resolution or rough negligence. It does not apply also if the customer makes requirements for compensation valid because of absence of a assured characteristic. If a contract-substantial obligation is negligently hurt, then the adhesion is limited by XL-Music to the predictable damage. The guarantee period amounts to 2 years starting from delivery of the purchase thing. From the warranty law such goods and supplies are impossible, on which no guarantee is usually taken over, like tubes, lamps or other the wear of underlying parts.
VII. Goods cancelling
Outside of the legal return right with consumer contracts XL-Music will take commodity back only if the cancelling right were agreed upon in writing individually with the coming off of the sales contract with the customer. Without prejudice to its a cancelling obligation of XL-Music exists then only if the commodity and the original packaging are in a perfect condition and the return takes place freight-free to the registered place of business from XL-Music, ABC-Strasse 3a, 23966 Hansestadt Wismar. If commodity without previous cancelling obligation is sent back, music service reserves itself to refuse the acceptance. The conclusion of a cancelling agreement is generally impossible with such goods, which were manufactured on special desire of the customer or, because storage-like available, after coming off the contract by XL-Music were not expressly ordered. To this circumstance XL-Music the orderer has to refer. If such a reference is omitted, then the orderer can assume the commodity is storage-like present. The return right of the orderer ends at expiration from 14 days to assumption of the commodity. In case of legal practice of the return right the orderer costs and risk and of the back dispatch has to take over.
VIII. Retention of title
XL-Music reserves itself the property at all purchase things up to the entrance of the complete payment from the contract. With behavior contrary to the terms of the agreement of the customer XL-Music is justified to take the purchase thing back. In the withdrawal as well as in seizing a cancellation of the contract is appropriate for the reservation thing. With seizing and other interferences third has to inform the customer XL-Music immediately in writing. A processing or a reorganization of the purchase thing by the orderer is always made for XL-Music. If the purchase thing is mixed music service with others, not belonging articles, then music service acquires the co-ownership at the new thing in the relationship of the value of the purchase thing to the other mixed things at the time the mixture. If the thing of the customer is to be regarded as main thing, then the customer XL-Music has to transfer proportionately co-ownership. XL-Music commits itself to that extent to release to it being entitled collateral upon the requests of the customer when the value of the collateral exceeds the demands which can be secured around more than 20%.
IX. Place of delivery
Place of delivery for all achievements from the contractual relation is Wismar as registered place of business of XL-Music
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