Terms and conditions for purchase agreements concluded through this or other webshops
operated by GOLDEN TAPE RECORDS – Diana Goldberg, Hirschgartenallee 44, 80639 Munich – Germany
– hereinafter referred to as the “Provider”
and the buyer
– hereinafter referred to as the “Customer.”
§ 1 SCOPE, DEFINITIONS
(1) The business relationship between the Provider and the Customer is governed exclusively by the following General Terms and Conditions (GTC) in their valid version at the time of the order. The contract language is German. Deviating conditions of the Customer, unless the Customer is an entrepreneur, are not recognized unless expressly agreed to in writing by the Provider.
(2) The Customer is a consumer as long as the purpose of the ordered deliveries and services cannot be attributed to his commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or legal partnership that, when concluding the contract, acts in the exercise of its commercial or self-employed professional activity.
§ 2 CONCLUSION OF CONTRACT
(1) The Customer can select products from the Provider’s range and collect them in a so-called shopping cart by clicking the “Add to Cart” button. By clicking the “Buy Now” button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time.
(2) The Provider then sends the Customer an automatic acknowledgment of receipt by email, listing the Customer’s order and which the Customer can print using the “Print” function. The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded by the Provider’s declaration of acceptance, which is sent in a separate email.
§ 3 DELIVERY
(1) The ordered goods will be delivered to the address specified by the Customer after payment, unless otherwise agreed in the contract.
(2) The availability of each product is indicated in the item descriptions. The Provider ships goods in stock within 5 working days after the conclusion of the contract (in the case of advance payment by bank transfer: within 5 working days after receipt of payment), unless expressly agreed otherwise. Information provided by the Provider regarding the delivery time is non-binding unless the delivery date has been expressly promised.
(3) The Provider reserves the right to make partial deliveries if this is advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the Customer. Additional costs resulting from partial deliveries will not be charged to the Customer.
§ 4 RETENTION OF TITLE
The delivered goods remain the property of the Provider until full payment has been received.
§ 5 PRICES AND SHIPPING COSTS
(1) Please refer to the respective sales offer for prices for shipping costs.
§ 6 PAYMENT METHODS
(1) The following payment methods are possible for deliveries within Germany:
– Credit card (debit takes place when ordering the goods; the following credit cards are permitted: MasterCard, Visa.)
– Instant bank transfer (debit takes place when ordering the goods)
– PayPal (debit takes place when ordering the goods)
– Debit card
The Provider reserves the right not to make certain payment methods available in individual cases.
(2) Please refer to the respective sales offer for payment methods.
§ 7 WARRANTY FOR DEFECTS
(1) If defects are present, the Customer is entitled to statutory warranty rights. If only merchants are involved in the contract, §§ 377 et seq. of the German Commercial Code (HGB) apply additionally.
(2) If the Customer is an entrepreneur, the warranty period for new items is one year. For used items, the warranty is excluded for entrepreneurs, and for consumers, the warranty period for used goods is 12 months.
§ 8 IMAGES
The images used to describe the goods do not necessarily represent the original item offered to the Customer. The sample images are for illustrative purposes only. Depending on the screen and operating system used, colors and sizes may be displayed differently. The description of the respective item is decisive.
§ 9 LIABILITY
(1) Claims for damages by the Customer are excluded. Excluded from this are claims for damages by the Customer arising from the violation of life, body, health, or the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider is only liable for the foreseeable, contract-typical damage if this was simply caused by negligence, unless it concerns claims for damages by the Customer arising from the violation of life, body, or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor 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.
§ 10 CONSUMER’S RIGHT OF WITHDRAWAL
REVOCATION INSTRUCTION
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (GOLDEN TAPE RECORDS – Diana Goldberg Hirschgartenallee 44 – 80639 Munich – management@diana-goldberg.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including the costs of delivery (except for the additional costs resulting from your choice of a different type of delivery than the standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us, to:
GOLDEN TAPE RECORDS
Diana Goldberg
Hirschgartenallee 44
80639 Munich
Germany
The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Date: Munich 2023
End of withdrawal instruction