General Terms and Conditions of Business (GTC) of CASTIGO CLASSICS (CC) of 01/03/2005

§ 1 Area of application

(1) The following General Terms and Conditions of business apply exclusively for the business relationship between CASTIGO CLASSICS (CC) and the customer, in the version applicable at the time of concluding the contract.

(2) Different terms and conditions of the customer are not recognised, unless CC has expressly agreed to these in writing in the individual case.

§ 2 Conclusion of contract, withdrawal

(1) By submitting an electronic, written or oral order to CC, the customer makes an offer in the sense of §145 German Civil Code (BGB, Bürgerliches Gesetzbuch). The customer receives confirmation by email of receipt of the order.

(2) The contract with CC comes into being when it accepts the offer. Acceptance is subject to availability of the goods or services ordered. If CC, for reasons for which it is not itself responsible, cannot accept the offer of the customer, it is entitled to withdraw from the contract. In this case the customer will be informed by email.

§ 3 Delivery, shipping and handling charges

(1) CC delivers the goods ordered to the address given by the customer in the order directly after receipt of the order, insofar as the goods are available (for deliveries outside Germany, after receipt of payment).

(2) Delivery schedules which extend beyond fourteen days will be notified to the customer by email. Statements of anticipated delivery dates are without obligation.

(3) All shipping risks transfer to the customer as soon as the goods are handed over by CC to the shipping organisation involved.

(4) CC is entitled to make partial deliveries. Shipping and handling charges are for the account of the customer.

(5) For larger orders, CC reserves the right to require payment in advance or to send the goods cash on delivery. The customer has to bear any additional shipping and handling charges incurred.

(6) Shipping and handling charges for deliveries within Germany are 2.00 € per shipment. For countries outside Germany but within Europe, shipping and handling charges are 3.00 € for EU countries and 5.00 € for non-EU countries. Shipments outside Europe will be charged at 10.00 €.

§ 4 Revocation

(1) The customer is entitled to revoke his order within 14 days after receipt of the goods, by returning these to CC. Dispatch of the goods within this period is sufficient for observance of the time limit. The burden of proof is on the customer. The customer is obliged to return the goods to CC unused, undamaged, and with sufficient postage. In the event of substantial deterioration or loss of the goods, the customer has to compensate CC for the damage.

(2) The customer has in any event to bear the shipping and handling charges stated on the invoice for the dispatch to the customer.

(3) Returns to CC must be addressed as follows:

CASTIGO CLASSICS - c/o Musikproduktion Storm, Augustenstraße 119, D-18055 Rostock, Germany

(4) In case of revocation, CC repays to the customer the purchase price already paid by him. Any costs which may have been incurred by CC for shipments with insufficient postage are deducted. In the case of payments to countries outside Germany, the costs of the money transfer are deducted.

(5) The right of revocation is excluded for contracts for the supply of goods which are produced in accordance with specifications of the customer.

§ 5 Due date and payment

(1) CC supplies the goods ordered on account within Germany, and against payment in advance outside Germany.

(2) The purchase price and the associated shipping and handling charges become due on conclusion of the contract.

(3) If the customer falls into arrears, CC is entitled to require interest on arrears at a rate of 5% above the basic rate at each time. The right of CC to claim greater compensation for damages remains undisturbed.

§ 6 Retention of ownership

The goods supplied remain the property of CC until all claims of CC against the customer have been completely settled.

§ 7 Warranty, liability

The customer has to notify any defects without delay, in writing. If a defect exists for which CC is responsible, it will remedy this by rectification or by replacement delivery, at its own discretion.

§ 8 Data protection

(1) CC undertakes to treat the personal data of the customer in confidence.

(2) CC uses the data of the customer exclusively for the purpose of fulfilling the contract concluded with the customer.

(3) CC does not pass on personal data to third parties.

§ 9 Place of jurisdiction

(1) This contract is subject exclusively to the substantive law of the Federal Republic of Germany.

(2) Place of jurisdiction for all claims in connection with the business relationships of CC is Rostock, Germany.

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