General Terms and Conditions (GTC)
Contractual terms in the framework of purchase contracts via the platform www.actmusic.com
the webshop provider: ACT Music + Vision GmbH + CO.KG, Auenstraße 47, 80469 Munich, Munich District Court, HRA 74101, personally liable shareholders: ACT Music + Vision Verwaltungs GmbH, HRB 124 232, represented by Managing Director Andreas Brandis, St. Gallen, Tax no.: 143/500/30159, VAT ID: DE118756226
- hereinafter referred to as “provider” -
the customer specified in § 2 of the contract
- hereinafter referred to as “customer” -
The following contract is concluded:
§ 1 Scope, definitions
(1) For the business relationship between the provider and the customer, only the following general terms and conditions apply in their version valid at the time of the order. Deviating terms and conditions of the customer are not accepted, unless the supplier expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services can not be attributed predominantly to the customer's commercial or independent professional activity. An entrepreneur in contrast is any natural or legal person or partnership with legal capacity who, in concluding the contract, is exercising their commercial or independent professional activity.
§ 2 Conclusion of contract
1) The customer can select products from the assortment of the supplier, in particular CDs and LPs, and collect them in a so-called shopping cart via the “add to cart” button. With the “order with payment” button, the customer makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can view and change the data at any time. However, the order can only be submitted and transmitted if the customer accepts the “General Terms and Conditions” by ticking the box and making clear by ticking another box in a relevant field that the customer has been informed of their right of withdrawal and has accepted this in placing their order.
(3) The contract can be concluded in German or in English.
§ 3 Delivery, availability of goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price is paid in advance. If no or no different delivery time is specified for the respective goods in our online shop, it is 3 to 5 working days.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. The legal right of withdrawal of the customer is not affected. In this case, the provider is also entitled to withdraw from the contract. In doing so, the provider shall immediately reimburse any payments already made by the customer.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the provider, are inclusive of the valid legal value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise their right of withdrawal. From a goods order value of 40.00 EUR, the supplier delivers to the customer within Germany free of charge.
(3) The goods are shipped by post. The shipping risk is borne by the provider if the customer is a consumer.
(4) In case of withdrawal, the customer has to bear the direct costs of the return. In case of withdrawal, the customer only has to pay for any loss of value of the goods if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
§ 6 Payment modalities
(1) The customer can make the payment by credit card.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the provider default interest in the amount of 5 percentage points above the base rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider due to delay.
§ 7 Warranty, guarantee
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was explicitly stated in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or violation of material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Withdrawal policy
With regard to goods, which the customer receives on an embodied data carrier, the customer has the following right of withdrawal.
(1) When concluding a distance-sales transaction, consumers generally have a statutory right of withdrawal, which the provider informs the customer of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
Right to withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (ACT Music + Vision GmbH + CO. KG, Auenstraße 47, 80469 Munich, Tel: + 49 - (0) 89 - 72 94 92 – 0, Fax: + 49 - (0) 89 - 72 94 92 - 11, E-mail: [email protected]) with a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not required.
In order to meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must repay all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the standard delivery offered by us), immediately and at the latest within fourteen days from the date on which the notification of your withdrawal from this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged fees for this repayment.
We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
(2) The right of withdrawal does not apply to contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
(3) The provider hereby informs you of the sample withdrawal form pursuant to the legal regulation as follows:
Sample withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
ACT Music+Vision GmbH+CO.KG
Fax: + 49 - (0) 89 - 72 94 92 - 11
E-mail: [email protected]
— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only when notified on paper)
(*) Delete as appropriate
The return of the goods must be made to the following address:
ACT Music + Vision GmbH & Co.KG
c/o optimal media GmbH
17207 Röbel / Müritz
§ 10 Final Provisions
(1) Contracts between the provider and the customer are governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has their habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
(3) The contract remains binding even in the case of legal invalidity of individual provisions in its remaining parts. In place of the invalid provisions, the statutory provisions apply if available. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes invalid.