General Terms and Conditions of Sound Metaphors
The present General Terms and Conditions shall apply exclusively to all business relations between Sound Metaphors. (hereinafter referred to as Sound Metaphors) and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by Sound Metaphors and the purchaser in writing, in individual cases.
Sound Metaphors is the trade name of the business owner, Nemo Ripoll, as it has been entered into the commercial register at the relevant local court (Amtsgericht Charlottenburg). Sound Metaphors is the abbreviated designation of this trade name.
1. At Sound Metaphors orders can be made by website or e-mail. An incoming order to Sound Metaphors constitutes an offer to conclude a sales contract with Sound Metaphors.
2. The sales contract between Sound Metaphors and the purchaser shall exclusively be brought about if Sound Metaphors dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to Sound Metaphors. A contract will not be concluded for any goods that have been ordered but that are not included in the consignment. The contractual partners are the purchaser and Sound Metaphors.
3. Goods are only sold in the amounts that are usually made available to end-consumers.
Revocation, revocation consequences
1. The purchaser can revoke the contract within a month after receipt of the goods. The revocation must be effected in writing (also by e-mail) or by returning the goods. To comply with this term, it is sufficient to send the written revocation or return the goods within the stipulated period. No reasons have to be given for the revocation. The time limit of one month within which the purchaser can revoke in writing (also by e-mail) or by returning the goods commences with the receipt of the goods and the revocation instructions.
2. The purchaser is obliged to pay the usual costs of the return consignment.
3. There is no right of revocation for contracts for the delivery of audio or video recordings (vinyl records, CD’s etc), if the delivered data carriers were sealed and the purchaser has unsealed them.
Delivery, cost of delivery
1. Insofar as nothing else is agreed on, the consignment will be sent from the Sound Metaphors warehouse to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
2. The purchaser has to pay for any additional costs that accrue due to special forms of delivery requested by the purchaser (e.g. express delivery). Sound Metaphors will inform the purchaser about these costs on request.
Payment, maturity and default
1. If goods are ordered nationally, the purchaser has to pay the price exclusively by credit card, direct debit or Paypal. If the purchaser is ordering from abroad, the payment can only be made by credit card, direct debit or Paypal.
2. The amount invoiced is due for payment on receipt of the invoice which is attached to the delivered goods.
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by Sound Metaphors.
Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of Sound Metaphors.
Liability for defects
1. The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods.
Sound Metaphors makes all efforts to package goods properly, but is not liable for goods damaged by the postal system.
2. Sound Metaphors emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. Sound Metaphors shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
3. Sound Metaphors emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intelectual property rights or ancillary copyright. Sound Metaphors shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intelectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
4. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 3 here in are also applicable to Sound Metaphors’ employees, representatives and vicarious agents.
5. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
6. In those cases where Sound Metaphors provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to Sound Metaphors at the expense of Sound Metaphors within 14 days of receipt of the replacement delivery.
7. Claims that are made as a result of defects become invalid after 1 months from the date of delivery to the purchaser.
Personal data that Sound Metaphors has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. Further details are specified in the data privacy regulations.
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.