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| General Terms and Conditions |
General - Scope
These General Terms and Conditions (called GTCs in the following) arrange the contractual relationship between FDI Music Dennis Harm & Felix Heinrich GbR, Wohlwillstr. 27, 20359 Hamburg, Germany (called FDI Music in the following) and the customer of the FDI Music Store, as far as there have not been made any individual regulations in written form. With placing an order/contract, the customer agrees to the following GTCs. They are also valid for future contractual relationships, even if their validity is not mentioned again. Differing or additional agreements, especially Terms and Conditions of the customer only become subject matter of contract, if FDI Music affirms and accepts these in written form. It is not subject matter of contract, that FDI Music maintains silence. An order confirmation of the customer with differing conditions are hereby denied explicitly by FDI Music.
• 1. Accomplishment of contract
The presentation of the merchandise in the FDI Music Store is not subject to legal binding offer, but a non-binding online-catalogue. The customer orders the requested merchandise by completing and sending in the given form. The contract is materialized when FDI Music affirms the order by e-mail.
• 2. Prices, Delivery
The quoted prices include german VAT. Packaging and delivery costs (currency = Euro) will be displayed seperately. The ordered merchandise is delivered to the address given by the customer, immediately after receipt of payment. FDI Music reserves the right for partial delivery. Delivery of the merchandise only takes place in domestic quantity. The property of the packing passes on to the customer when the withdrawal deadline has passed. Statements concerning delivery deadlines are non-binding as far as FDI Music has not given a particular covenant to the customer in written form.
• 3. Right of withdrawal
The customer is no longer bound to the order when he withdraws the order within a deadline of two weeks after receiving the merchandise. The revocation does not have to contain a justification. It has to be carried out in written form, e.g. by mail, fax or a durable medium or by sending back the merchandise. The punctual dispatch suffices to meet the deadline. The charges for the return of the merchandise shall be the responsibility of the customer. In the case of withdrawal, FDI Music shall refund the purchase price, if already paid, to the customer. The return charges paid by FDI Music will be deducted from the purchase price. In the case of withdrawal the customer is obligated to send back the merchandise, as far as he has not done so with the withdrawal writing.
• 4. Reservation of rights
The delivery of the merchandise does not affect the rights being regulated in the end-user license contract of the software, in particular the copyright, the usage rights and the exploitation right. In case the customer contradicts the licensing agreement, he shall send back the merchandise to FDI Music, free domicile.
• 5. Maturity, Payment
The purchase price becomes due with conclusion of the contract. FDI Music accepts exclusively payment of the quoted kind. No discount is admissible. The customer is only authorized to offset receivables by FDI Music, if and as far as his counterclaims have either been considered legal, are beyond dispute or have been accepted by FDI Music.
• 6. Liability of damages
FDI Music is liable for damage being present in the moment of delivery of the merchandise, during a warranty period of two years, according to the following rules: the customer shall immediately communicate the damage to FDI Music in written form. In case of a damage covered by FDI Music, FDI Music will provide replacement delivery of the damaged merchandise at no cost to the buyer. No warranty is given for improper or incorrect use or stocking as well as for climatic or environmental impacts, inaccurat implementing by the customer or third parties, natural wear and tear, improper or careless treatment, chemical/ magnetic/ electrical impacts. If the replacement delivery fails or FDI Music is not disposed or not able to provide replacement, or if there is a delay in delivery exceeding the terms, the customer has the right to recede from the contract, irrespective of any claim for indemnity, or to demand a discount of the purchase price.
• 7. Liability
FDI Music is liable for willful or grossly negligent caused damages, for intentional misrepresentation of damages, for requirements du to the Product Liability Act (Produkthaftungsgesetz) and for bodily harm. FDI Music is liable for miscellaneous damages for any legal ground whatsoever, only if an essential duty of the contract has been violated in an endangering manner concerning the intent of the contract, or if the damage can be refered to gross negligence or intent, or if a liability may not be excluded due to legal reasons and in case the damages are typical and predictable due to the contractual purpose. The limitation of liability is also valid for auxiliary persons of FDI Music. In such a case the liability is limited to an amount, double the price paid due to this contract. A further liability, especially for damages not affecting the merchandise itself, for losses of profit or miscellaneous financial losses of the customer, is excluded.
• 8. Miscellaneous
The parties of the contract agree exclusively on the German law (Recht der Bundesrepublik Deutschland) concerning the contract and its accomplishment, without the use of the international private law. The validity of the UN-Treaty about the international purchase of movable things is expressly excluded. As far as this is legally allowed, Hamburg is chosen as place of jurisdiction. All agreements between the parties of the contract must be in writing in order to be valid. This applies to any collateral agreements, amendments or supplements and also for the present term itself.
In case that one or several regulations of this contract (including these GTCs) are or become partially or completely invalid respectively be or become impracticable, this does not compromise the rest of the terms. In such a case the parties to the contract oblige to replace the invalid or impracticable regulation by an effective regulation, that is as close as possible to the economic intention of the original regulation in a legally allowed manner.
If there arises a gap from these GTCs between the parties to the contract concerning the concluded agreement, which cannot be closed by interpretation of the other regulations, the parties oblige to close the regulation gap by a regulation, which comes as close as possible to the economical interests of the parties to contract in a legally allowed manner, as far as this point has been considered.
These “General Terms and Conditions” are valid as from November 15th, 2007.
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