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Terms and Conditions

Standard business terms (SBT)

1.     General remarks

Our sale conditions are in force solely from the moment when your order is in the valid composure. We don’t approve of conflicting or from our sale conditions notwithstanding conditions of the customer, unless we explicitly agree in written form to its validity. Our sale conditions also count then, if we’re instructed of conflicting or notwithstanding conditions of the customer and still deliver the order implicitly to the client.

The prices are in euro (€) and are calculated inclusively with the appropriate valid sales tax. The actual delivering charges are dependent on the order, will be stated firm before the transaction of the booking.

A delivery takes place worldwide. The German right applies, excluding the UN-convention on CISG.


2.   Conclusion of contract

A customers’ booking offers us the proposition to the conclusion of a purchase contract or a contract for service. If the customer places an order, he’ll receive an order confirmation by e-mail. This order confirmation illustrates the receipt of the booking, but not the acceptance of an offer. A contract is accomplished as soon as the customer receives an order confirmation of his order by e-mail.

3. Conditions of payment

The payment takes place at buyer’s option:

PAYPAL (PayPal (Europe) S.à.r.l & Cie, S.C.A), SOFORTÜBERWEISUNG (Payment Network AG), PAYMENT THROUGH SURNAME, ADVANCED PAYMENT (transfer).

Offset rights are entitled to the customer only if his counterclaims are determined without further legal recourse or undisputed.

4. Accomplishments

  • Based on the customers’ choice, the content of the contract can be:
  • Sale of vinyl records (producers’ digitalized version excluded).
  • Sale of vinyl records (producers’ digitalized version included, e.g. on a CD).
  • Purification of sold, used vinyl records.
  • As far as the producer hasn’t attached a digitalized version and it’s desired by the customer: digitalization free of charge from sold vinyl records.
  • Meta information is worked into a digitalized version of VINYL DIGITAL (splitting into tracks, artist and title information included)
  • Elimination of disturbing noises which developed during digitalizing the vinyl from VINYL DIGITAL
     

As far as it’s appropriated it’s considered:

a) Sale of vinyl records (producers’ digitalized version included):

The producers self made digitalized version will be sold in the prepared form the producer has chosen it on a delivered medium (e.g. CD) together with the vinyl record and contains those usage rights which the producer can grant towards the customer in any individual case. Insofar, the producers’ provisions count.

b) Digitalization free of charge:

The digitalization free of charge is a service package for customers who want to avail themselves of their rights for a private copy (art. 53 § 1 sentence 2 copyright law).

Translation of the German copyright law, art. 53 § 1 sentence 2:

Permissible are individual multiplications of a work through an individual person for the private usage on an optional media, as long as they do not purpose whether for immediate nor for mediate purchase aims. The person who is authorized for multiplication is also allowed to let another person produce its multiplication, as long as this occurs complimentary.

If a customer chooses a transmission on a medium, digitalized vinyl records are going to be saved for the customer on the medium and sent together with the vinyl record. VINYL DIGITAL won’t keep the digitalized data for itself. If the customer chooses a transmission as a download, digitalized vinyl records will only be available for the stated period and saved until the actual download is completed.

5.    Copyright

Illustrations, images, lyrics, work description, videos and the underlying data bases given by VINYL DIGITAL (LP’s, artist, title etc…) are copyright reserved. Customers’ usage rights arise rather in association with the bought sound carrier or of lawful determinations.

6.    Delivery

Part deliveries are allowed. If a customer chooses a digitalization free of charge with a transmission on a medium, it’ll be sent steadily with the corresponding vinyl record. It’s our endeavor to process the order within 2 days.

7.    Costs of restitution

The purchaser accepts for the case, if he makes use of his right of withdrawal, that he’s in charge to pay the regular costs for the return as far as the delivered good corresponds to the ordered one and if the prize of the returning good doesn’t exceed the amount of 40€ or if the good is pricier at the time of withdrawal for failure of consideration or a conventional agreed partial payment. Otherwise, the return is free of charge for the customer.

8.    Right of withdrawal

You’re able to revoke your contractual declaration within 14 days without specifying any reasons in text format (e.g. as a letter, fax, e-mail), or – if the issue is conveyed to you before deadline – revoke it by sending it back. The appropriate time-limit begins after receiving this instruction in text format, however not before the arrival of the good at the recipient, and also not before our fulfillment of our information obligations according to art.246 §2 combined with §1 sentence 1 and 2 EGBGB, as well as not before our fulfillment according to art.246 §3 EGBGB.

In order to maintain the revocation period the punctual dispatch of the revocation will do. The revocation has to be sent to:

VINYL DIGITAL GmbH

Vertreten durch: Herrn Tobias Wolf-Mühlburger

Am Metzenweg 1

55494 Mörschbach

support@vinyl-digital.de

Revocation consequences:

In case of an effective revocation both of the received accomplishments have to be given back and as the circumstances require profited usages (e.g. interests) released. If you’re only able to give us back the accomplishment totally or partially in a poor condition back, you must necessarily give us compensation.

It doesn’t count after the transfer of items, if the degradation of the item is referable exclusively on its examination, like you would find it possible in stores.

You mustn’t compensate anything for the degradation on the designated use of the item. Goods which are capable of being shipped as a parcel have to be sent back at our own risk.

You have to bear the costs of return, when the delivered good corresponds to the ordered one, the price doesn’t surpass the amount of 40€ or if you haven’t rendered any reward or a contractually agreed part payment if the price of the good is higher at the time of withdrawal. Otherwise the remand is free of charge. Goods which aren’t capable of being shipped as a parcel will be fetched at your house

Refund of the costs must be paid within 30 days. The appropriate time-limit begins for you with the dispatch of the declaration of revocation or of the good, for us with their respect.

9.    Requirements of the customer in case of deficiencies

The customer is obliged to examine the items or data for obvious damages, which would attract the attention of any average customer. Obvious damages, especially the lack of data storage devices or considerable, visible damages are to be informed to VINYL DIGITAL within two weeks after the receipt of the delivery, in text format (e-mail, fax, letter). The breach of examination and obligation to give notice of defects grants the authorization towards the damage.

Apart from that, all legal guarantee revision count.

If the customer desires a digitalization of a non digitalized vinyl record, already done by the producer, the vinyl is still packaged. Therefore, VINYL DIGITAL will have to open the package necessarily. However, an open package doesn’t portray any damage.

10.    Liability

The liability of VINYL DIGITAL and its accountability and vicarious agent for the purchasers’ claim for compensation, for whatever legal reason, it’ll be excluded, unless

•    There aren’t any damages in life, body and health
•    If there’s any malice or wanton negligence

•    If any fundamental contractual obligations are violated
•    If guaranteed features are missing
•    If any fundamental contractual obligations are violated
•    If guaranteed features are missing
•    Or so far as it accords to the product liability law or from the culpability of a contract formation or other delinquencies, or because of tort claims for compensation of property damages according to § 823 BGB compulsory stucked.

A fundamental contractual commitment exists, when the delinquency refers to a duty, whose fulfillment enables in the first place the implementation of the contract in which the customer trusted in and was allowed to trust in!

11.    Legal domicile

If the purchaser is a salesman, Mörschbach is the exclusive legal domicile. It’s the same legal domicile, when the purchaser at the time of the judgment hasn’t got a general legal domicile in Germany. VINYL DIGITAL is entitled to call every legally authorized court. 105 UrhG remains untouched.

Should a clause be inefficient or should there be any needy provision gap the parties are obliged to look for a new provision, which conforms most likely to the contract, in spirit and purpose.

Privacy

The usage of our website generally doesn’t require the potential customer to provide any personal information.

When personal information are requested through our website (e.g. name, address or email address) these information are not mandatory and don’t have to be provided.

When provided we don’t pass these information to any third parties.

We clearly hereby indicate that the transfer of any information through the internet (e.g. communication via email) in general bears risks and can lead to third parties acquiring these information. A complete protection against the access through third parties cannot be given.

The usage of our through the website published contact information with the goal to spread unasked advertisement of any sort is hereby strongly disagreed. The operators of this website will counteract unasked advertisement or any other sort of spam on a legal basis.

© 2011-2016 Vinyl Digital GmbH