Standard Terms and Conditions of Business
1. General / Applicability
1. The following PataMusic Standard Terms and Conditions of Business are applicable to all current and future business relations.
2. A Consumer within the meaning of the following Standard Terms and Conditions of Business is any natural person who concludes a legal transaction for a purpose which can be attributed neither to his trade nor his professional activities.
3. An Entrepreneur within the meaning of the following Standard Terms and Conditions of Business is a natural or legal person or a partnership with legal capacity which concludes a legal transaction in the course of carrying out a trade or an independent professional activity.
4. Customers within the meaning of the following Standard Terms and Conditions of Business are both Entrepreneurs and Consumers.
2. Conclusion of Contract
1. The offer is subject to confirmation. The right to make technical alterations within the realms of reasonableness is retained.
2. By placing an order the Customer makes a binding declaration that he wishes to acquire the goods ordered. Should the Consumer place an order electronically, PataMusic will inform him immediately the order is received. This confirmation of receipt does not represent a binding acceptance of the order. The confirmation of receipt may however be given together with the declaration of acceptance.
3. The contract between the Customer and PataMusic comes into existence upon written acceptance of the Customer´s offer by PataMusic or upon the Customer´s receipt of the goods ordered. If the Consumer orders the goods electronically, the text of the contract is stored by PataMusic and can be sent by e-mail to the Customer on request together with these Standard Terms and Conditions of Business.
3. Right of Revocation / Consequences of Revocation
Right of revocation
1. You may, as a Consumer, revoke your contractual declaration within 14 days of delivery of the goods. No grounds need be given for the revocation. The revocation must be declared in text form or by return of the goods. It is sufficient for the observation of the limitation period that the revocation or the goods delivered are sent in time to the following address:Pata Music, Norbert Stein, Eiser Weg 14 a, 51503 Roesrath, Germany.
There is no right of revocation or return if the seal on the delivered goods is broken (audio/video recordings), that means if you open or damage the sealed packaging.
Consequences of revocation
In the case of valid revocation, both parties are to restore what has been received in performance of the contract and restitution must be made for any fruits of the goods. In the case that the goods have deteriorated, compensation may be demanded. This does not apply if such deterioration is entirely attributable to their inspection - as would have been possible for the Consumer in, for instance, a retail outlet. In other respects the Consumer can avoid the duty to pay compensation if he does not utilise the goods as though he is the owner and forbears any action which would detract from their value.
Should goods be returned with an overall order value of up to EUR 40.00 then the Consumer must bear the costs of return, provided the goods delivered correspond to those ordered. Otherwise return of the goods is free of charge for the Consumer. Should delivered goods be returned with an overall order value of over EUR 40 then, PataMusic assumes the costs of return, provided these are the standard postal costs. Costs for couriers or other non-standard methods of carriage are not accepted. Packages sent postage unpaid will not be accepted.
4. Delivery / Retention of Ownership
1. PataMusic delivers the goods in accordance with the currently valid dispatch information plus transportation costs. PataMusic is liable only for intention and gross negligence. Delivery dates are non-binding and are agreed subject to timely delivery by the supplier. The delivered goods remain the property of PataMusic until full payment of all outstanding claims arising out of the invoice delivered with the goods. The rights of utilisation are also not transferred until payment in full of the purchase price. The Customer is not entitled to sell on the goods delivered until full and final settlement of the invoice for this contractual relation.
2. Should PataMusic be unable to deliver the goods ordered for reasons for which PataMusic is not responsible, in particular in the case of Acts of God, strikes or lock-outs, then the Customer shall set a reasonable additional time limit. After fruitless expiry of this time limit the Customer may withdraw from the contract. § 323 subsection 2 BGB (German Civil Law Code) remains unaffected. Compensation for default damages can be demanded up to a maximum of the order value in the case of negligence by PataMusic.
3. Complaints regarding transportation damage or incomplete delivery are to be made to PataMusic in writing immediately, but at the latest within ten days calculated from the day of delivery to the Customer.
1. The prices applicable are always those valid at the time the order is placed plus the transportation costs and COD charges stated in the dispatch information. All prices of goods are quoted including the statutory German value-added tax (MWSt).
6. Payment Conditions
The invoiced amount is due on receipt of the invoice. In the case of default of payment, PataMusic is entitled to block the purchase of further PataMusic services. Entrepreneurs must pay interest on the debt during the period of default at a rate of 8 % over the base interest rate. Consumers must pay interest on the debt during the period of default at a rate of 5 % over the base interest rate.
7. Data Protection, Confidentiality
1. The Customer is herewith informed in accordance with § 33 subsection 1 Bundesdatenschutzgesetz (Federal Data Protection Act) that PataMusic stores his full address in machine-readable form and automatically processes this information for details required as a result of the contract or in the course of issue of the PataMusic newsletter.
2. The Customer can at any time stop his free receipt of the PataMusic newsletter by simply informing PataMusic.
3. PataMusic guarantees that the data submitted will be treated confidentially. This obligation remains even after termination of the contract.
1. All copyrights reserved.
2. PataMusic expressly reserves the rights of publication, duplication, processing and sale in respect of all the content of the goods.
3. The Customer may within the framework of the copyright rules utilise the goods only for his own use. Any other utilisation requires a specific written agreement
9. Warranty and Liability
1. Should there be defects in the goods which have more than just an inconsequential detrimental effect on their usefulness, the Customer can elect either to have the defects corrected as a subsequent performance or he can demand delivery of defect-free goods. Claims as a result of obvious defects are excluded if PataMusic are not notified of them in writing or text form within 10 days of delivery. PataMusic is entitled to refuse the type of subsequent performance demanded by the Customer if it is only possible in conjunction with disproportionately high costs. Should PataMusic, for the purposes of subsequent performance, deliver a defect-free object then the Customer is obliged to return the defective object.
2. Should subsequent improvement be unsatisfactory despite two attempts, then the Customer has the right to return the object against reimbursement of the purchase price. Alternatively, the Customer may elect to demand that the price of the object be reduced. This right must be exercised by written notification to PataMusic within an exclusion limitation period of one month beginning on the date of the last failed attempt at subsequent improvement. Should the defects be inconsequential, rescission is excluded.
3. The liability for consequential damage as a result of defects is, provided this is legally admissible, excluded and at most limited to the purchase price.
4. For Entrepreneurs, the warranty period is one year beginning with the day of delivery of the goods. For Consumers, the warranty period is two years beginning with delivery of the goods.
5. Compensation claims which are not based upon an intentional and/or grossly negligent contractual violation by ParaMusic or its employees are excluded. If the damage is based on default or impossibility and no gross fault attaches to PataMusic or its employees, then only compensation of the direct damages is owed.
10. Final Provisions
1. The law of the Federal Republic of Germany applies. The provisions of UN Convention on Contracts for the International Sale of Goods are not applicable.
2. The contract is under the jurisdiction of Cologne provided the Customer is a businessman.
11. Subsidiarity Clause
Should a provision of this contract be invalid or voidable, then the remaining provisions remain unaffected.