Terms And Conditions
1. General Information
1.1 These Terms of Service apply to all present and future agreements with Talheim Records e.U., including delivery of goods and other services the company offers. Any contradicting regulations by our affiliates are hereby expressly rejected.
1.2 Future changes in these Terms of Service apply to any and all purchases made after the time of modification.
1.3 To use the services provided by Talheim Records e.U. the customer must be 18 years (fully able to make a legally binding purchase) old or provide a document of consent from their legal guardian.
2. Contract Formation
2.1 The purchase order of a customer is a proposal. A contract is formed after acceptance by Talheim Records e.U.. After an order is placed, the system in place automatically confirms the arrival of the order via email. This is not to be seen as an acceptance of respective proposal. If Talheim Records e.U. sees no legal or other obstacles in the proposal, the ordering party will soon after the order receive another email confirming the forming of contract.
2.2 If an order is selected to be payed via prepayment, said payment has to be received on the bank account of Talheim Records e.U. with a maximum of seven (7) days past the date of purchase. If said conditions are not met, Talheim Records e.U. holds the right to view the order as cancelled and to sell the ordered and therefore held goods and/or services otherwise without a grace period for the ordering party.
3. Delivery, Postage and Packing
3.1 The terms for delivery applying to orders placed with Talheim Records e.U. can be found through attached link. If a customer exercises their legal right of revocation (see cancellation information), they have to bear the immediate cost of the return shipment.
4. Methods of payment
4.1 The means of payment supported by Talheim Records e.U. can be found through attached link. The customer pays either the real cost of transaction or, in case these costs cannot be calculated for technical reasons, lower blanket amounts.
5.1 Articles send by Talheim Records e.U. are delivered with the Österreichischen Post AG. If the receiving party resides in the European Union the delivery will always be insured.
6. Unavoidable delay
6.1 The terms of delivery can be found through attached link.
6.2 If a delivery is delayed by a force majeure or other events that massively exacerbate and/or prevent delivery, e.g. fire- or water damage, strikes, war, events similar to war, instructions by government, non permission of export, import or transit permissions, national measures to limit trade traffic, strike, lockout and any other interruptions, traffic jams, no matter whether these events occur at home delivery, its suppliers, contractors or its subcontractors entitle Talheim Records e.U. to postpone the delivery or service for the time of the disturbance plus an appropriate initial period.
6.3 If a delivery does not arrive within the time period stated (see section 5), Talheim Records e.U. asks the customer to make contact. Talheim Records e.U. will then investigate regarding the whereabouts of the goods.
7. Claims for compensation / Overdue fines
7.1 Breaches of conduct made by the customer can have serious detrimental consequences for the commercial activities of Talheim Records e.U.. Talheim Records e.U. reminds the customer hereby of its right to assert claims for compensation.
7.2 Further costs arise e.g. when the customer refuses to accept the delivery of goods or the delivery service has to send back the goods because of unsuccessful delivery. Additional costs created by such events will be billed to the customer.
7.3 In case of delayed payment by the customer a processing fee of EUR 40,— will be charged by Talheim Records e.U.. Further cost created by outstanding payments (e.g. collector, lawyer) can be billed to the customer accordingly.
7.4 If the customer is not able to make due payment in time (e.g. because of a force majeure) they are to contact Talheim Records e.U.. Even though there is no law binding to that, Talheim Records e.U. is willing to talk about delayed payments, instalments or other methods of avoiding unnecessary hardship on our customers.
8.1 If not explicitly stated otherwise the warranty is regulated by the german regulations on purchase (§§922 ff. ABGB).
9. Liability for compensation
9.1 Talheim Records e.U. is not liable for damages of neglect.
10. Reservation of ownership
10.1 Until the payment for the goods ordered is completely received by Talheim Records, the goods are owned by Talheim Records e.U.
11. Data privacy
12.1 Fraudulently pretending or faking business transactions, for example by entering third party data without authorization, or by providing false or non-existing data when ordering goods, which are relevant under criminal law, will be reported.
13. Jurisdiction / Choice of law
13.1 If not concurrently regulated by customer protection rules, every contract formed with Talheim Records e.U. is subject to german law. According to that, the place of performance of a legal dispute with Talheim Records e.U. will be handled by the court in charge of that subject-matter at the place of business of Talheim Records e.U..
14. Severability clause
14.1 If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
Stand: June 2016