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Conditions of Use


 General Terms and Conditions

§ 1 Applicability
The present general terms and conditions shall apply to all business relations between the Caro-Ruscello Edition (ECR) and its customers, as defined at the time of ordering. Deviating conditions of the customer are not recognized by ECR unless these are approved of by ECR  in writing. By placing an order the customer agrees at the same time with these terms and conditions.
 

§ 2 Formation of Contract
The description of our products on the Internet is for information only.
By ordering goods from ECR, the customer offers to conclude a purchase contract. ECR can accept the offer by sending a confirmation e-mail. The purchase contract is only valid for the products listed in the confirmation e-mail. If individual items are currently not or no longer available, the customer will be informed in the order confirmation. The conditions applicable are such as defined at the time of ordering.

§ 3 Right of revocation - Right of Return
The customer has the right to revoke the sales contract in writing within 14 days without giving a reason  (e.g. letter, fax, e-mail), or by returning the goods without giving a reason. The term of revocation begins with the receipt of the goods by the customer.
It is sufficient for the customer to send the notice of revocation or the goods in time. Both the returned goods and the notice of revocation must be adressed to: Edition Caro Ruscello, Bertelestraße 48 D 81479 Munich.
The right of return is not applicable if the returned goods are damaged to a degree beyond what results from their inspection - as would have been possible for the customer in a retail shop for example. Audio CDs can only be sent back in original packaging (still sealed in cellophane ).
 

§ 4 Consequences
Goods are to be returned to ECR at the customer's risk , whereby the customer has to pay the costs of the return, if the delivered goods correspond to the ordered.
Payments received will be returned within 4 weeks, unless the returned goods are  damaged more than they would be by normal handling ( i.e. deteration exclusively to their inspection). In this case, ECR will withhold a reasonable part of the payments already been made.

 
§ 5 Delivery of Goods
1
Delivery: Delivery of orded goods begins when full payment is received. ECR will deliver all ordered goods as soon as possible to the adress indicated by the customer in the order. Within the EU, the delivery time is 14 days, worldwide it is 4 weeks, an accurate indication of the time is not possible. In the confirmation the customer will be informed  of the date the goods will be dispatched. The goods are delivered worldwide by Post as printed matter (Priority), or DHL parcel (with tracking and insured).
The costs for the individual deliveries shall be charged to the customer by ECR in the respective amount shown.
For a merchandise shipment in a non-EU country the customer is obliged to take care of duties and taxes.
2 Delivery delay: If the goods have not yet arrived at the customer after the delivery date the customer is entitled to set a reasonable deadline for subsequent delivery. If the delivery is not made yet, the customer has the right to withdraw according to § 323 BGB of the purchase contract and demand a refund of the purchase price already paid.
3 Default of acceptance: If the customer is in default of acceptance, the ECR is entitled to store the goods at the risk and expense of the customer. ECR is also entitled to sell the goods, after anouncement, or dispose them otherwhise e.g. in a public auction.
4 Damage in transit: Delivery is at the risk of the customer. For damage in transit, the carrier is liable. If damages to the goods should be recognizable, the customer is required to have these confirmed in writing by the shipping company. Any damage claims must be submitted exclusively to the delivery company.
5 Defective delivery: All goods supplied are thorougly examined by ECR. If there should be clearly visible deficiencies please send complaints to ECR by mail within 7 days after receiving the goods. An accurate description of the defects is essential, it must be written in German or English. If ECR is not informed in time the customer looses all claims for damages. The customer is obliged to check the goods immediately upon receipt for any defects, however, defects do not give the customer any right to reduce the purchase price or to withdraw from the purchase contract. ECR is authorized to provide a replacement. A replacement will only take place after the customer has sent back the defective goods to ECR. If the replacement fails, the customer has the right (according to § 323 BGB) to withdraw from the contract because of non-performance and to reduce the purchase price (according to § 441 BGB). These rights are not applicable if the customers knows about the defects already when concluding the contract. There is a limitation period of twenty-four months from receipt of delivery.


§ 6 Warranty
No guarantee is given for the durability of the goods supplied.
 

§ 7 Reservation of Ownership
The delivered goods shall remain the property of ECR until full payment is received from the customer.
 

§ 8 Terms of Payment
Payment is made either by PayPal or by bank transfer. After the sum specified in the invoice or order confirmation has been received, the goods will be delivered. Customers in Germany may purchase goods on account (by invoice). For the invoice the prices are valid as present in the shop at the time of ordering.
All prices are final, as usual for small-scale enterprises (§19 - 1 UStG) the prices are without tax.
The shipping costs are not included.



§ 9 Disclaimer
1
Online Content
For the online offer ECR assumes no liability, it merely constitutes an offer that is not binding until the order is confirmed.
In case of any damage that is caused by the use of the online catalog liability of ECR ​​is excluded. This is especially true for any lost profits or other financial damages to the customer.
Minor differences between the actual appearance of the product and the presentation in the online shop can be possible. ECR reserves itself the right to change the offer in the online shop, individual editions may be changed or taken out of the offer.
2 References and links
ECR is not responsible for links to other pages or for their content, or eventual  harm caused by using them.
3 Legal validity of this disclaimer
This disclaimer is part of the online offer. The nullity of any of the provisions herein shall affect neither the validity of the agreement as such, nor the validity of these general terms and conditions.


§ 10 Copyrights and Trademarks
The copyright to all works, texts, images, graphics, touch graphics, audio, etc.  published by ECR belong  to ECR or the respective author only. Reproduction or reuse is allowed only with the written permission of ECR. For public live performances as audio recording or publishing the respective works are to be registered with GEMA or the appropriate local copyright collecting society. (Rights related works are recognizable by adding "arranged by". But also works with suffix "edited by" are copyright and subject to the above restrictions. However, they do not have to be registered.)

§ 11 Data Protection Notice
All customer information is strictly confidential and used only for its own purposes in the framework of the signed contract. We undertake not to disclose personal data to third parties, unless there is a legal obligation. ECR is entitled to use the customer data to check the credit rating, or to leave the Schufa data.
 

§ 12 Final provisions
These General Terms and Conditions are governed by the laws of the Federal Republic of Germany, to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods). The place of performance and venue is Munich (Germany).

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