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Conditions of Use

General Terms and Conditions

1 Validity
The General Terms and Conditions (GTC) are a component of the contract between the customer and the operator and are binding upon both parties. No stipulations on the part of the customer divergent from the GTC are valid.

Statutory sources
Distance contracts (§312b German Civil Code)
(1) Distance contracts are contracts for the delivery of goods or the supply of services which are concluded between a businessperson and a consumer exclusively by means of distance communication, unless the conclusion of the contract takes place otherwise than in the framework of a an organized distance sales or service-provision scheme.
(2) Means of distance communication are means of communication which can be used with a view to or in order to conclude a contract between a consumer and a businessperson without the simultaneous physical presence of the contracting parties, in particular, letters, catalogues, telephone calls, telefax, emails, and radio, television and media services.
Consumer (§13 German Civil Code)
A consumer is any natural person that concludes a legal transaction for a purpose that cannot be attributed to the person’s commercial or self-employed vocational activity.
2 Access to the terms of contract
The terms of this contract are available to customers online at http://www.dependent.de/shop.

3 Act of sale
An act of sale between the operator and customer is effective when the customer selects a product in the Dependent online shop and orders this product via the shopping cart.

4 Conclusion of contract
Upon receipt of order, we will e-mail the customer at the e-mail address used to register with the Shop. Payment is due in full before delivery.

5 Shipping charges
The shipping and handling costs listed in the shop are binding. Shipping and handling costs may vary by item and destination.

6 Terms of sale
The customer is obliged to complete payment within 10 days of placing an order. Payment must be made in Euros. We will not be responsible for any currency conversion charges.

7 Shipping
(1) The operator will ship worldwide.
(2) Orders will be shipped within 5 business days after receipt of payment. The consumer will be provided with the operator’s account information by email.
(3) Items are normally shipped without insurance. If you would like your parcel insured, please send us a short e-mail.

8 Price
All prices are given in Euros and do not include shipping and handling charges.

9 Availability and supply
All items listed in the Shop are generally available for immediate delivery.

10 Right of withdrawal
Disclaimer
In accordance with the German Civil Code concerning distance contracts, customers have the right of withdrawal subject to the following conditions: You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 2 weeks. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment. The revocation should be addressed to: Mindbase Music Management, Stefan Herwig , Horster Strasse 31, 45897 Gelsenkirchen. In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty  (40) Euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge.
End of disclaimer
Execution
Returns should be sent by the same means as they were originally shipped.
Any item sent insured to the customer should be returned insured.
Upon receipt of the returned item, we will reimburse the customer for the cost of the item plus any incidental shipping costs, as applicable. The original shipping costs cannot be refunded unless warranty applies.

11 Guarantee
(1) The operator insures that all goods sold to end customers will be covered by the relevant warranty (12 months for used goods and 24 months for new goods). All goods sold to businesses or entrepreneurs will be covered by a 12 month warranty. The warranty comes into effect upon receipt of goods.
(2) All warranty claims should be directed in writing to Stefan Herwig, Horster Strasse 31, 45897 Gelsenkirchen.

(3) The customer is obliged to substantiate the validity of the warranty with a copy of his/her receipt. These documents should be stored in a safe place
(4) In the event that the item ordered is unavailable, the buyer is entitled only to a promise of subsequent fulfillment. If the buyer is the end customer, they have a choice whether subsequent fulfillment will be met through rectification or replacement. The customer should make his/her wishes known to the operator. The operator may refuse the request if it would result in excessive costs and another option remains open to the customer. Goods that have been opened are not covered by warranty.

(5) Goods may be returned only after consulting with the operator. Returns that have not been approved by the operator may be refused.  However, the operator may request a return from the customer in the event of a warranty claim. In this case, any return costs will be initially the responsibility of the customer. If the product does prove to be defective, the operator will refund the customers these costs.
 
(6) In the event that the operator replaces a defective item with a defect-free item, the customer may be obliged to return the defective item.

(7) Subsequent fulfillment is deemed to have failed after the second abortive attempt at rectification or failure of replacement due to lack of availability

(8) Customers who withdraw from this contract on the basis of unsuccessful subsequent fulfillment waive any further claim to compensation. Customers who elect compensation after unsuccessful subsequent fulfillment retain the damaged goods if this is agreeable. Compensation is limited to the difference between the purchase price and the value of the defective product so long as the operator did not maliciously violate the terms of this contract.

(9) The customer is not entitled to coverage under warranty if close examination of the product reveals no damages or if the damage is deemed to have been caused by natural wear, improper usage or lack of proper care. In addition, damaged items which are listed as such in their description are not entitled to warranty coverage.

(10) If the operator refuses coverage under warranty for the reasons given in (9), the product will be returned to the customer in the state returned at the customer’s expense.

12 Damage in transit
(1) If the customer is the end consumer, s/he should contact the operator by e-mail or post.
(2) If the customer is an entrepreneur, s/he or those person(s) receiving the goods are obliged to examine the goods upon receipt. Compensation for damages that have obviously been incurred while in transit should be taken up with the carrier (DHL, etc.) directly. Any complaints should be submitted in writing to the operator immediately.

13 Entrepreneurs (B2B)
The German commercial code (HGB) applies to all transactions with entrepreneurs (businesses or companies).

14 Proprietary rights
All goods ordered remain the sole property of the operator until such time as full payment has been received. If the customer is an entrepreneur as defined by §14 of the German Civil Code, the extended reservation of proprietary rights applies.

15 Place of performance and jurisdiction
(1) Place of performance is the location of contractual obligation of the operator.
(2) Place of jurisdiction is Gelsenkirchen, Germany.

16 Data privacy
All personal data will be kept confidential. Only data needed to complete the transaction will be saved. No personal data will be shared with third parties except for that data which e.g. shipping services require in order to complete the transaction.

17 Final provisions
(1) Changes, additions, and subsidiary alterations to this contract are to be made in writing.

(2) If the customer is a merchant, corporate body under public law, or a public asset, the exclusive jurisdiction for any and all legal disputes will be Gelsenkirchen, Germany. The same applies if the customer has no general jurisdiction within Germany and/or has no residence or habitual abode at the time legal action is initiated.

(3) With respect to entrepreneurs: in case one or more clauses of these terms no longer applies, the validity of all other clauses will not be effected. In this case the applicable clauses are to be replaced by other agreements that come as close as possible to the original intent.


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