§ 1 Application of General Terms
These General Terms exclusively govern the relationship between ACT Music + Vision GmbH & Co KG (hereinafter referred to as „ACT“) and ACT’s customer (hereinafter referred to as „Customer“). Divagating terms and conditions of Customer shall in no event be acknowledged to apply, unless agreed to apply by a written instrument by ACT in advance. Customer’s order is not accepted, in the event Customer has not accepted these General Terms.
§ 2 Party to the contract
The contract which may result from any order via the ACT online shop will be concluded with:
ACT Music + Vision GmbH & Co.KG
Registration number with the commercial register: HRA 74101, county court Amtsgericht München
tax no.: 230/303 65
VAT identification number: DE 118756226
managing director: Mr. Siegfried Loch
Monday to Friday: From 9:00 a.m. to 6:00 p.m. (except public holidays which apply throughout the Federal Republic of Germany)
Please note: If contracts are concluded via this online shop optimal media production GmbH, Glienholzweg 07, 17209 Röbel, Germany, acts as agent for ACT Music + Vision GmbH & Co. KG. Optimal media production GmbH has been instructed and authorised by ACT Music + Vision GmbH & Co. KG to perform contracts concluded via the online shop and is empowered to act in the name and on behalf ACT Music + Vision GmbH & Co. KG, to make and accept representations on its behalf including to accept declarations of cancellation, to make the supply, to issue invoices and to accept payment.
§ 3 Conclusion of Purchase Agreement
By placing an order for the respective goods via Internet, e-mail, telephone, or via mail, Customer offers on a binding basis to enter into a purchase agreement with ACT.
When placing an order via Internet, Customer will receive a receipt confirmation e-mail. This confirmation e-mail shall in no event be deemed an acceptance of Customer’s offer to enter into a purchase agreement, but merely confirms the receipt of Customer’s offer. The purchase agreement shall only be deemed concluded upon Customer’s receipt of the order confirmation or the handing out or delivery of the respective goods.
Any product descriptions included in the website are for information only and shall in no event constitute a formal guarantee. In respect of any product advertised on our website (in the following “Product”) mistakes as to the status, the price and/or any other attributes or qualities in connection with the Product are reserved. In the event of mispriced items and/or miscalculation of prices, in particular in connection with delivery costs, delivery hindrances on behalf of our service providers, ACT shall be entitled to rescind the purchase agreement.
ACT has no obligation to enter into the purchase agreement and the Product is available on an “as is” and “as available” basis only.
ACT hereby reserves the right to exclude certain countries from the delivery of Product.
Delivery shall be made only to the extent regular for the end consumer. Deliveries in the excess of such amount require prior written agreement.
§ 4 Delivery
Unless agreed to the opposite, delivery shall be made to the address provided by Customer. ACT delivers according to standard industry practice. ACT determines the way of transport and means of transport, unless specific form of transportation has been requested by Customer and Customer bears the respective additional costs.
Delivery dates are not binding. In the event of non-availability of any Product so ordered by Customer, ACT agrees to immediately inform Customer of such non-availability and shall immediately reimburse the respective purchase price if payment has already been made by Customer
In the event delivery cannot be accomplished due to reasons in Customer’s sphere, such as in the event the Product fits not through the Customer’s entry, house entry, staircase and/or in the event Customer’s no show at the respective place of delivery provided by Customer despite confirmation of the date of delivery has been provided to Customer in reasonable advance, Customer shall be responsible for the payment of the in vain delivery.
§ 5 Costs
1. Costs payable in respect of an order shall include the purchase price of the ordered goods plus delivery costs.
2. All prices are in Euro (EUR). In respect of the delivery within Germany and delivery within the European Union (EU) the prices include VAT according to § 1 paragraph 2, sentence 2 UStG (German Act on Value Added Tax), in the event such delivery is taxable. The delivery from Germany to countries not being member states of the EU may require additional customs duties, not subject to ACT’s discretion.
3. Delivery costs in respect of orders made via Internet shall be:
- Within Germany: € 3,00. Upon an order value of € 20,00 delivery within Germany shall be made free of delivery costs.
- To EU countries and Switzerland: € 6,00.
- To other countries: € 25,00.
4. The Optimal Media Production GmbH in Röbel/Müritz is commissioned and authorised by ACT Music+Vision GmbH+Co.KG to arrange encashment and shipping.
§ 6 Due dates, way of payment and payment terms, delay
Payment in connection with orders made via Internet shall be made by credit card only (within Germany also possible via direct debiting - requires a German bankaccount). After placement of the order, the respective amount shall be charged to Customer’s credit card. In the event of late payment by Customer, ACT shall be entitled to interest at the per annum rate of 5% above the discount interest rate of the European Central Bank. In the event ACT can prove damages in excess hereof, ACT shall accordingly be entitled to request such damages.
§ 7 Retainer of ownership
Ownership of delivered Product is retained by ACT until full payment.
§ 8 Withdrawal Right
„Notice of right to cancel“
Right to cancel
You may withdraw your contractual declaration in writing (e.g. by letter, telefax, email) within 14 days without indicating a reason, or if the product has been supplied to you before the period expires, by return of the product. The period commences upon receipt of this notice in written form, but not before the recipient has obtained the product (in case of repeated deliveries of similar products not before receipt of the first partial delivery) and not before we have fulfilled our obligations to inform you pursuant to article 246 paragraph 2 in connection with paragraph 1 subsection 1 and 2 of the German Introductory Code to the German Civil Code and our obligation pursuant to paragraph 312e subsection 1 sentence 1 of the German Civil Code in connection with article 246 paragraph 3 of the German Introductory Code to the German Civil Code. It is sufficient to send off the cancellation or the products in time in order to meet the deadline for cancellation.
The cancellation has to be addressed to:
by letter :
ACT Music + Vision GmbH & Co.KG
optimal media production GmbH
17207 Röbel / Müritz
by telefax: +49(0)39931 56866
by email: firstname.lastname@example.org
If you return the products, please use the following address:
ACT Music + Vision GmbH & Co.KG
c/o optimal media production GmbH
17207 Röbel / Müritz
Optimal media production GmbH is fully authorised by ACT Music + Vision GmbH & Co. KG to receive declarations of cancellation and to process these. In doing so optimal media production is acting on behalf and in the name of ACT Music + Vision GmbH & Co. KG.
Effects of the cancellation
In case of a valid cancellation both parties have to return what has been received by them in performance of the contract including any benefits received (e.g. interest). If you are unable to return to us what you received fully or partially or only in a worse condition than received, you may have to compensate us for the lost value. This does not apply to the supply of products if the deterioration of the product has only been caused by its examination, which you could have undertaken e.g. in a shop. You can avoid the duty to compensate us for a deterioration caused by proper use of the product, if you do not use the product like your property and refrain from undertaking anything which may influence its value. Products which can be sent by parcel shall be returned to us at our risk. You have to bear the costs for the return if the product supplied is in conformance with the product ordered and if the price for the product to be returned does not exceed an amount of €40 or if the product has a higher value and at the time of your cancellation you have not yet performed your part of the contract or not made an agreed partial payment. In all other cases you may return the product free of charge. Products which cannot be sent by parcel will be collected from you. Any obligations to compensate have to be fulfilled within 30 days. The period commences for you with the sending off of your declaration of cancellation or the product and for us with its receipt.
Special notification: Exclusion of the right to cancel
There is no right to cancel for distance contracts:
1. for the supply of products which are manufactured in accordance with the customer’s specifications or which are clearly tailored to the personal requirements or which due to their nature are not apt to be returned or which may deteriorate quickly or of which the expiry date has been exceeded;
2. for the supply of audio and video recordings and software if the user has broken the seal of the data storage medium;
3. for the supply of newspapers, journals and magazines.
End of the notice of the right to cancellation
§ 9 The ACT subscription
16 CDs for only 246,- Euro for one year, including taxes and delivery costs.
Validity period: 12 months.
The subscription will not be automatically renewed.
The choice of CDs is due to the ACT Company.
Delivery: every first week of the month and only within Germany.
Payment: only by direct debit from a German bank account.
§ 10 Warranty for defects
1. ACT’s warranties for defects shall be in the extent as provided for by the pertinent laws and statutes unless otherwise limited according to the following. Customer shall notify ACT within no later than two (2) weeks after appearance of the defects. In the event such notification has not timely been made, any warranty for defects shall lapse. The immediately aforesaid shall not apply in the event of malicious non-disclosure of any defects by ACT or in the event ACT has provided a guarantee in connection with the Product.
2. The warranty period is limited to two (2) years, such period commencing at the date of the passing of the risk in the Product. In the event of the delivery of used Product the warranty period shall be limited to one (1) year, such period commencing on the date of the passing of the risk in the Product. The aforementioned in this sub-clause 2 shall not apply in the event of any claims for damages against ACT as a result of defects. Claims for damages in connection with defects are subject to § 10 below.
3. Guarantees in a legal meaning are not given by ACT.
§ 11 Liability and damages
1. ACT shall be liable for damages only in case of intent and gross negligence. The above mentioned exclusions or respective limitations of liability shall not apply to claims in connection with injuries of life, physical integrity or health and damage caused by delay (§ 286 of the German Civil Code (in the following “BGB”) and any breach of such obligation of which the observance is of essential importance for the purpose of the contract (essential obligation). Under such circumstances ACT shall be liable for any degree of fault.
2. The aforementioned limitation in liability of ACT in the event of slight negligence shall equally apply to persons employed by ACT in performing an obligation for whom the principal (ACT) is vicariously liable.
3. In respect of damages not connected to injuries of life, physical integrity or health for which liability for slight negligence shall not be excluded, the respective claims shall become statute barred within one (1) year, such period commencing on the date of the coming into existence of such claim.
4. As far as the liability of ACT is excluded or limited, this shall also apply to the personal liability of ACT’s employees, workers, staff members, representatives and vicarious agents.
§ 12 No further claims
Further claims in favour of Customer - irrespective of the legal grounding - shall not apply. ACT shall not be liable for lost profits and/or any other pecuniary loss of Customer.
§ 13 Statute of Limitation
Notwithstanding § 195 BGB, ACT’s claims shall become statute-barred after five (5) years. The period of limitation begins to run according to § 199 BGB.
§ 14 Personal Data
ACT shall keep confidential personal data collected from Customer. The Customer hereby agrees that ACT may use the information and personal data provided by Customer for purposes of processing and storing and using such information and personal data in connection with processing of the orders, the delivery of Product and verification of the payments, as well as the communication with the Customer in respect of the deliveries, the Product and marketing offers. The collected data will be provided by ACT to third parties, only in the event such third parties provide services to ACT in connection with the aforementioned services.
In order to prevent the misuse of personal data, ACT applies the security software SSL (Secure Socket Layer) in connection with the delivery of personal data via the Internet.
§ 15 Applicable Law
German law shall apply; application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) / UNCITRAL is expressly excluded.
§ 16 Copyright
The content (such as text, pictures, graphics, audio-, audio-visual, and animation recordings and the compilation thereof) of the website of ACT Music + Vision GmbH & Co. KG are protected by Copyright Law and other laws and regulations. Such protection equally applies to data banks and similar configurations. Unless approved by ACT, the content of this website may not be used, including for purposes of reproduction, distribution, derivative use and/or making available to third parties. © 2006 ACT Music + Vision GmbH & Co. KG. All rights are reserved.
§ 17 Severability
The invalidity or unenforceability of any provision of General Terms shall not affect the validity or enforceability of any other provision hereof.