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GENERAL TERMS AND CONDITIONS

STEYOYOKE RECORDINGS

(hereinafter called “STEYOYOKE”)

Christian Legno

c/o Factory Berlin – Rheinsberger Str. 76/77

D-10115 Berlin (Germany)
Phone +49 (0)17661533710

[email protected]
[email protected]

Status: January 2015

§ 1 APPLICATION AREA

(1)All conclusions of contracts, deliveries and other services rendered by “STEYOYOKE” are solely based on the following General Terms and Conditions and in the version that was in effect at the time when the respective service was rendered.

(2) Different provisions shall only apply if confirmed by “STEYOYOKE” in writing.

§ 2 CONCLUSION OF CONTRACT

(1) Any offers made on the internet sites of “STEYOYOKE” are legally non-binding invitations to the customer to order goods or to acquire musical recordings in a non-physical format (download).

(2) Ordering goods or downloading musical content is performed by filling out and returning the online form on “STEYOYOKE’s” website either via e-mail or via telefax, telephone or regular mail. By placing such order, the customer commits himself to conclude a legally binding contract of purchase and, furthermore, confirms he is of full age and of full legal capacity. “STEYOYOKE” is not obliged to accept the order made by the customer. Confirming the receipt of such an order does not constitute an acceptance of customer’s offer.

(3) The acceptance of an offer by “STEYOYOKE” is effected by sending a fulfilment confirmation, by transferring an internet link or by sending the goods ordered to the customer, respectively (whatever applicable). Said fulfilment confirmation (if any) shall be sent via e-mail.

§ 3 PRICES

(1) All prices mentioned on our websites are inclusive statutory VAT and exclusive of costs for packaging and shipment.

(2) The costs for packaging, shipment and transport insurance are calculated separately and are available/retrievable via the link “forwarding expenses” [“Versandkosten”] on STEYOYOKE’s website.

§ 4 TERMS OF PAYMENT/WITHDRAWAL CLAUSE

Payments have to be made upfront and either through credit card of per PayPal. In case of an inadequate account coverage, STEYOYOKE is entitled to retreat from the contract.

§ 5 NOTICE OF REVOCATION

(1) Right of withdrawal
Without the need to specify the reason(s), the customer is entitled to withdraw from the contract within 14 days after the conclusion. Such withdrawal has to be accomplished either in writing (e.g. in form of a letter, telefax, e-mail) to the attention of STEYOYOKE or by returning the ordered/delivered goods to STEYOYOKE. The withdrawal has to be addressed to:

Christian Legno, Dottistraße 7, D-10367 Berlin (Germany)

The customer carries the burden of proof for dispatching the returnable goods.

(2) Withdrawal period
The period for a withdrawal starts at the earliest one day after receipt of a separate instruction about the right of withdrawal in writing or, in case of delivery of goods, not earlier than on the day as of the receipt of such goods.  Sending the withdrawal or returning the goods in time is sufficient to meet the above withdrawal period.

(3) Consequences of withdrawal
In case of an effective withdrawal the mutually received services and possibly gained advantages (e.g. interest) have to be returned. If the customer can return the received services and/or goods only in all or partly diminished contition, customer will have to indemnify STEYOYOKE. This does not apply for delivered goods if such diminished condition is solely based on their inspection in a way in which the customer would also have been entitled to inspect the goods in a regular shop. To avoid indemnification, customer must not use the delivered good(s) like an owner would but customer must omit anything that could diminish their value. The provision regarding the possible indemnification is also not applicable in case that the instructions about a possible liablity of indemnification and the ways of avoiding it have not been provided additionally in writing (e.g. letter, telefax or e-mail) at the time of the conclusion of the contract.

In order to obtain a refund, Customer has to comply with the aforementioned provisions within 14 days after sending the declaration of withdrawal. Until any goods have been returned completely, STEYOYOKE shall make use of its right of retention.

(4) Reshipment

Customer has to bear the costs for reshipment in case the delivered goods match the goods ordered and if the value of the order does not exceed 40,00 Euro. In any other cases the reshipment shall be cost free for the customer.

(5) Exclusion of the Withdrawal Right

The right of withdrawal is excluded with regard to contracts regarding

a) the delivery of perishable goods;

b) goods which by their nature are not suitable to be returned (especially musical or visual
    content acquired in non-physical format via download etc.);

c) newspapers, magazines and similar products;

d) audio and audio-visual recordings or software in case such data carriers have been unsealed
    by the customer;

e) goods which have been manufactured especially to the customer’s specifications.

Furthermore, the legally defined exceptions according to  § 312 d Abs. 4 of the German Civil Code (“BGB”) shall apply.

In case of an exclusion of the withdrawal right, customer has to bear the costs for any new shipment from STEYOYOKE to him in case customer has returned the goods.

§ 6 TERMS / CONDITIONS OF DELIVERY

(1) The shipment shall be performed by delivery to the address as indicated by the customer.

(2) Any information about delivery dates are non-committal unless a fixed date for delivery has been agreed and confirmed in writing by STEYOYOKE.

(3) Delivery can only be made as long as STEYOYOKE’s stock shall last. In case goods ordered by the customer are not available, payments already made towards or regarding such order shall be reimbursed immediately by STEYOYOKE. Except for such reimbursement, customer shall have no further claims against STEYOYOKE unless the non-delivery is based on grossly negligent or intentional behaviour by STEYOYOKE.

(4) In case of a delay or an impossibility in delivery where the reasons are within the responsibility of STEYOYOKE, STEYOYOKE shall be held liable unless such reasons cannot be attributed to intent or gross negligence.

§ 7 TRANSPORT DAMAGES


Customer is obliged to report transport damages immediately to the supplier and to STEYOYOKE. In case of obvious damages of the packaging, customer has to refuse the receipt of the goods in order to preserve evidence.

§ 8 RESERVATION OF PROPERTY

(1) Until the amount due shall be fully paid to STEYOYOKE, the ordered goods shall remain the sole property of “STEYOYOKE”.

(2) Reselling, renting, pledging, security transfer, processing, remodelling or other provisions are not permitted prior to the transfer of property without the expressive prior consent of “STEYOYOKE”.

§ 9 WARRANTY


(1) Claims of the customer against STEYOYOKE in case of defects shall be in compliance with the statutory legal provisions and terms (i.e. according to the German Civil Code, “BGB”) unless otherwise regulated in the following clauses. Currently, the statutory period of limitation is two years and starts with the receipt of the goods.

(2) Customer is not allowed to assign any rights for warranty of defects to third parties.

(3) Damages which are caused by improper or not contractual actions by the customer or during set up, installation, operation or storing of the goods shall not establish any claims against STEYOYOKE.

(4) If customer purchases a used good his claims in case of defects shall expire within 1 (one) year after receipt of the good.

(5) In case the customer is an independent contractor and the ordered goods or services are intended for his business, the subsequent right for warranty of defects shall expire within 1 (one) year after receipt of the goods or services.

(6) Unless not agreed otherwise hereunder, any further claims of the customer, regardless of the cause in law, are excluded. This applies explicitly to additional damages caused by defects, loss of profit or other financial damages of the customer. The limitation of liability shall not apply if the reason for the damage is based on intention or gross negligence and in case of a personal / bodily injury. In case of gross negligence regarding a major contractual duty, the compensation shall be limited to the damage that would characteristically have incurred.

(7) Aforementioned restrictions to the contractual liablity shall also apply regarding the personal liability of employees, agents and/or servants of STEYOYOKE.

§ 10 GRANT OF RIGHTS FOR AUDIO-AND AUDIOVISUAL RECORDINGS VIA DOWNLOAD


(1) STEYOYOKE grants to customer the non-exclusive and non-transferable right to use the purchased audio and audio-visual content without any restrictions as to time, but for private purposes only.

(2) Customer is permitted to store and multiply the purchased audio and audio-visual content on the hard disk of his computer.

(3) Any other (especially commercial) usage of the purchased audio and audio-visual content is explicitly prohibited. This applies in particular to the modification, the commercial distribution or other ways of selling.

(4) Any multiplication is only permitted within the relevant legal provisions, especially under adherence of the related copyrights and the regulations of the German Copyright Law (UrhG).

§ 11 CONTRACTUAL EXCLUSION OF SET-OFF

(1) Customer is not entitled to set-off his own claims against any pecuniary claims of STEYOYOKE unless such claims are undisputed and legally ascertained by a judgement of a court in the applicable jurisdiction.

(2) Customer is not entitled to counter pecuniary claims of STEYOYOKE with rights of retention (e.g. from notices of defect) unless they result from the identical contractual relationship.

§ 12 DATA PROTECTION

STEYOYOKE is obliged to protect the privacy of the customer and to treat all personal data confidential and on the basis of the relevant statutory legal provisions.

§ 13 ENFORCEABILITY, JURISDICTION

(1) If a provision of these General Terms And Conditions, wholly or partly, becomes invalid, the remaining provisions remain unaffected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the initial economical purpose of the invalid provision.

(2)In case the customer is a merchant under applicable German trade law, a legal person under public law or a special fund under public law, Berlin shall be the exclusive jurisdiction over any controversies arising directly or indirectly from the relevant contractual relationship. The same applies in case a customer does not have a place of general jurisdiction in Germany, transfers his domicile or usual place of residence abroad after conclusion of the contract or in case his domicile or usual place of residence unknown when a lawsuit is being filed.

§ 14 APPLICABLE LAW

The conclusion and execution of all contracts shall be construed under the laws of Germany. The Uniform Law on the International Sale of Goods (CISG) and the Conflict Rules of the International Privacy Law are excluded.

NOTICE OF REVOCATION

(1) Right of withdrawal

Without the need to specify the reason(s), the customer is entitled to withdraw from the contract within 1 (one) month after the conclusion. Such withdrawal has to be accomplished either in writing (e.g. in form of a letter, telefax, e-mail) to the attention of STEYOYOKE or by returning the ordered/delivered goods to STEYOYOKE. The withdrawal has to be addressed to:

Christian Legno, c/o Factory Berlin, Rheinsberger Str. 76/77, D-10115 Berlin (Germany)


Phone +49 (0)17661533710

The customer carries the burden of proof for dispatching the returnable goods.

(2) Withdrawal period

The period for a withdrawal starts at the earliest one day after receipt of a separate instruction about the right of withdrawal in writing or, in case of delivery of goods, not earlier than on the day as of the receipt of such goods.  Sending the withdrawal or returning the goods in time is sufficient to meet the above withdrawal period.

(3) Consequences of withdrawal


In case of an effective withdrawal the mutually received services and possibly gained advantages (e.g. interest) have to be returned. If the customer can return the received services and/or goods only in all or partly diminished contition, customer will have to indemnify STEYOYOKE. This does not apply for delivered goods if such diminished condition is solely based on their inspection in a way in which the customer would also have been entitled to inspect the goods in a regular shop. To avoid indemnification, customer must not use the delivered good(s) like an owner would but customer must omit anything that could diminish their value. The provision regarding the possible indemnification is also not applicable in case that the instructions about a possible liablity of indemnification and the ways of avoiding it have not been provided additionally in writing (e.g. letter, telefax or e-mail) at the time of the conclusion of the contract.

In order to obtain a refund, Customer has to comply with the aforementioned provisions within 30 days after sending the declaration of withdrawal. Until any goods have been returned completely, STEYOYOKE shall make use of its right of retention.

(4) Reshipment


Customer has to bear the costs for reshipment in case the delivered goods match the goods ordered and if the value of the order does not exceed 40,00 Euro. In any other cases the reshipment shall be cost free for the customer.

(5) Exclusion of the Withdrawal Right

The right of withdrawal is excluded with regard to contracts regarding

a) the delivery of perishable goods;

b) goods which by their nature are not suitable to be returned (especially musical or visual
content acquired in non-physical format via download etc.);

c) newspapers, magazines and similar products;

d) audio and audio-visual recordings or software in case such data carriers have been unsealed by the customer;

e) goods which have been manufactured especially to the customer’s specifications.

Furthermore, the legally defined exceptions according to  § 312 d Abs. 4 of the German Civil Code (“BGB”) shall apply.

In case of an exclusion of the withdrawal right, customer has to bear the costs for any new shipment from STEYOYOKE to him in case customer has returned the goods.

DATA PROTECTION

STEYOYOKE (hereinafter referred to “STEYOYOKE”) take the protection of your personal data very seriously. The regulations of the Data Protection Laws, especially the German Data Protection Code, are strictly obeyed. Individually related data are only collected to the extent that is technically necessary. The collected data will under no circumstances be sold or passed on to a third party for any other reason without prior consent.

In the following description we would like to explain to you how we provide such protection, what kind of data is collected and for what reason:

DATA PROCESSING ON THIS INTERNET PAGE

STEYOYOKE automatically collects and stores in its Server Log Files information which is transferred to us from your browser, consisting in particular of:

Browser type and browser version

Time of the server request

Referrer URL (previously visited site)

Operating system in use

Hostname of the accessing computer (IP address)

STEYOYOKE cannot attribute such data to any particular person. No combination of the data with other data sources will be undertaken. Furthermore, the data will be deleted after statistical analysis.

COOKIES

Our Internet pages use so-called “Cookies” in various areas. These cookies serve to make our offer more user friendly, effective and secure. Cookies are small text data files which are placed on your computer and stored in your browser. Most of the Cookies used by us are so-called “Session Cookies” which will be automatically deleted after the end of your visit to our web site. Cookies do not damage your computer and do not contain viruses.

NEWSLETTER

If you would like to receive the newsletter offered on our website we need your current e-mail-address as well as additional information which enable us either to verify that you are indeed the owner of this e-mail address or to clarify that the owner of said e-mail address has agreed to receive the newsletter. No further data will be collected. You may revoke your agreement to store above data, the e-mail address and its usage to send you the newsletter at any time.

RIGHT OF ACCESS TO PERSONAL DATA

At any time you have the right to be informed about the data stored with regard to your person, the source and the recipients as well as the reason for their storage. Information about such stored data will be provided by STEYOYOKE’s Data Protection Official. ([email protected])

FURTHER INFORMATION

Your confidence is important to us. Therefore, with regard to the processing of your personal data we will remain honest and available to you at all times. If you have any questions which cannot be answered by this data protection declaration or if you require more detailed information on any particular subject, please contact STEYOYOKE’s Data Protection Official. ([email protected])

Complaints Procedure

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.