GENERAL TERMS AND CONDITIONS OF SALE
Status: July 2018
§ 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 relevant order has been submitted by the customer to STEYOYOKE.
(2) Different provisions shall only apply if confirmed by “STEYOYOKE” in writing.
§ 2 CONCLUSION OF CONTRACT
(1) Any display of goods and musical recording available on the website of STEYOYOKE are legally non-binding invitations to the customer to place an order to purchase such goods and musical recordings in a non-physical format (download).
(2) Ordering goods or musical content is performed by filling out online form on STEYOYOKE’s website. 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. The order is binding for a period of 15 (fifteen) days. An order shall be deemed to have been submitted to STEYOTOKE when the customer receives an order receipt email (automatically generated) confirming the content of the order which has been received and is being assessed. STEYOYOKE is not obliged to accept the order made by the customer. Thus, the order receipt email is a mere acknowledgement that STEYOTOKE has received the order, but it does not confirm STEYOYOKE’s acceptance of the customer’s offer to buy the goods/services.
(3) The customer’s offer shall be deemed as accepted and the relevant contract of sale is effective from the moment STEYOYOKE sends a fulfilment confirmation, by transferring an internet link (in case of musical recording) or by dispatching the goods 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 terminate the contract.
§ 5 RIGHT OF WITHDRAWAL
(1) Right of withdrawal
Without the need to specify the reason(s), as a consumer, the customer is entitled to withdraw from the contract within 14 (fourteen) days starting, respectively, from the delivery of the goods (in case of sale of goods) and the conclusion of the contract (in case of provision of services).
To withdraw from the contract, the customer must clearly inform STEYOYOKE, preferably:
– in form of a letter, by telefax, by email or
– by completing and returning the Cancellation Form.
The withdrawal notice has to be addressed to:
STEYOYOKE RECORDING – 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, in case of delivery of goods, from the day of the receipt of such goods and, in case of provision of services, from the conclusion of the contract. Sending the withdrawal notice in time is sufficient to meet the above withdrawal period.
(3) Consequences of withdrawal
The consumer shall send back the goods to STEYOYOKE , without undue delay and in any event not later than 14 days from the day on which he/she has communicated his/her decision to withdraw from the contract. 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 condition, 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 establish their nature, characteristics and functioning. 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.
In order to obtain a refund, Customer has to comply with the aforementioned provisions within 14 days after sending the withdrawal notice. STEYOYOKE will process the refund the price in full (subject to any deduction STEYOYOKE is entitled to make due to the customer’s use of or damage to the goods) including the cost of standard delivery due to the customer as soon as possible and, in any case within 14 days after the day on which we receive the goods(s) back or (ii) if earlier, the day on which we receive evidence that the customer has returned the goods(s) to our returns address. Until any goods have been returned completely, STEYOYOKE shall make use of its right of retention.
Customer has to bear the costs for reshipment of goods in case he/she exercise his/her right of withdrawal 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 right of withdrawal
The right of withdrawal is excluded with regard to contracts regarding:
a) the delivery of perishable goods; b) service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader; c) newspapers, magazines and similar products;
d) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
e) goods which have been customized and/or manufactured especially to the customer’s specifications and instructions;
f) the supply of digital content which is not supplied on a tangible medium (especially musical or visual content acquired in non-physical format via download etc.).
Furthermore, the legally defined exceptions according to § 312 d Abs. 4 of the German Civil Code (“BGB”) shall apply.
In case of exclusion of the right of withdrawal, if the customer has returned the goods, he/she has to bear the costs for any new shipment from STEYOYOKE to him/her.
§ 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-binding unless a fixed date for delivery has been agreed and confirmed in writing by STEYOYOKE. If no delivery date is agreed, orders will be fulfilled within 30 days after the date of the fulfilment confirmation, unless there are exceptional circumstances.
(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.
(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 death or personal injury caused by our negligence. 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 liability 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
§ 13 ENFORCEABILITY
(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.
§ 14 APPLICABLE LAW, JURISDICTION
(1) 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) shall not apply.
(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.. As consumer, the customer has the right to bring legal proceedings (i) before the Court of Berlin or (ii) before the courts at your place of residence or domicile. STEYOYOKE is only allowed to initiate legal proceedings against consumers before their place of residence or domicile.
§ 15 ALTERNATIVE DISPUTE RESOLUTION IN ACCORDANCE WITH ART. 14 (1) ODR-VO AND § 36 VSBG:
As an alternative to resolution of disputes through the courts, the consumer who resides in EU may refer its complaint to the European Online Dispute Resolution Platform (“European ODR Platform”), which is developed and managed by the European Council implementing in accordance with Regulation (EU) No. 524/2013 For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. Customers can ask for our email address to be reported to the European ODR Platform at the following address: [email protected].