Terms and Conditions
1) GENERAL PROVISIONS
(1) VHR sells via the online shop website www.vacationhouserecordings.com (the "Website") products (the "Products") to persons that have placed an order for the purchase of the Products via the Website ("Customer"; VHR and the Customer are referred to individually as "Party", together as the "Parties").
(2) All business relationships between VHR and its Customers shall be governed by these Standard Terms and Conditions ("STC") as amended on the date of the contract conclusion.
(3) These STC shall apply exclusively. VHR shall only be bound by diverging STC of its Customers if VHR has expressly agreed to them in writing. These STC are the basis for and part of any Purchase Contract, which the Customer concludes with VHR (the "Purchase Contract").
(1) Each order of goods is subject to a previous registration as Customer with VHR. Multiple registrations under different names or addresses are not allowed. After successful registration, VHR gives the Customer access to the system.
(2) The admission to the system may be revoked by VHR at any time without giving any reason.
(3) With regard to the order of goods which are subject to an age rating, VHR may demand the previous submission of a copy of the identity card or another satisfactory proof of age.
3) CONCLUSION OF A PURCHASE CONTRACT
(1) The presentation of VHR' range of Products on its Website represents no binding offer by VHR for the conclusion of a Purchase Contract.
(2) The order of goods is only possible by using the way of communication presented to the Customer in the ordering process. An order of goods placed by the Customer constitutes a binding offer to VHR to buy such Products subject to these conditions. VHR shall confirm receipt of the order by e-mail to the Customer (confirmation of receipt of order). The confirmation of receipt of order does not represent an acceptance of the purchase offer. It merely informs the Customer about the receipt of the purchase offer.
(3) The contract between VHR and its Customer is concluded only by written acceptance of the order (an e-mail is sufficient) and/or the dispatch of the Product ordered to the Customer or by making it available for download. The acceptance is subject to legal permissibility and availability of the goods or services ordered. If VHR cannot accept the Customer's purchase offer, it will inform the Customer accordingly. Goods which are merely temporarily out of stock shall be reserved for the Customer and the purchase offer shall remain binding.
(1) All prices are inclusive value added tax at the statutory rate. The prices indicated are subject to any price changes by VHR' suppliers. VHR reserves the right to adjust prices accordingly. Despite efforts to eliminate errors, VHR Website may still contain incorrect prices or descriptions of Products. In these cases, VHR, at its discretion, will contact its Customers prior to shipment or cancellation of the order and shall inform the Customer about the cancellation.
(2) The Customer accepts the prices and payment terms specified on the Website as binding by placing the order.
5) CONDITIONS OF PAYMENT
(1) VHR exclusively accepts the methods of payment presented to the Customer in the ordering process.
(2) In principle, the purchase price and any packaging and transport fees fall due upon conclusion of the contract. VHR may make the delivery of the Products subject to their previous payment without giving any reason.
(3) If the Customer does not meet his/her payment obligations totally or in part, default interest shall be charged in the amount of 5 %, and VHR may cancel the contract in writing, irrespective of the delivery date stipulated. VHR reserves the right to claim further damages, including collection costs.
(4) VHR reserves the right to verify payment by credit card or by direct debit prior to acceptance of the Customer's order.
(5) The Customer is not allowed to set off payment against counter-claims or to withhold payment for objected goods. The assignment of claims against VHR by the Customer is not allowed.
(6) Vouchers, bonus programs or discounts granted cannot be accumulated within one order.
6) DELIVERY AND SHIPPING COSTS
(1) The Products are shipped by post or by courier to the Customer's delivery address as specified in the order. Partial deliveries are permissible, the additional costs of which are borne by VHR.
(2) In the event of a subsequent change of address by the Customer, VHR has the right to charge any additional costs caused thereby to the Customer.
(3) The delivery periods and dates specified on the Website or VHR' order confirmation, if any, are merely estimates. VHR may not be held liable for delays in delivery.
(4) The risk of accidental deterioration or accidental loss shall pass to the Customer upon dispatch of the Product.
(5) The delivery takes place at the shipping costs specified in the respective order process.
7) RIGHT OF RETURN, WARRANTY
(1) In principle, orders placed are binding, and the Customer is obliged to accept the goods.
(2) Irrespective of his/her rights under the law, the Customer may return the Products, in return for a credit note, within 14 days without giving any reason if the Products are in perfect and saleable condition. A return is excluded for
- perishable goods;
- picture, sound-recording and data media (LPs, records, etc.) unless they are returned unused, intact, welded or sealed, and in the original packaging;
- Products which by their nature are not suitable for return shipment
- Products produced according to the Customer's specifications.
(4) The Customer shall bear the costs and risk related to the return of the Products unless the Products supplied do not correspond to those ordered.
8) INSPECTION REQUIREMENT
(1) The Customer shall immediately inspect the goods for correctness, completeness and intactness when the goods are received or downloaded. VHR must be informed about visible defects immediately after discovery, at the latest, however, within ten (10) calendar days after the receipt of the damaged merchandise. Otherwise any warranty rights are forfeited.
(2) Notification of hidden defects by the Customer shall be given within ten (10) calendar days after discovery, at the latest, however, within 12 months after the receipt of the damaged merchandise. Notifications of defects must be given in writing, specifying the individual type and extent of the defects complained of.
(3) If notification of a defect is not given within the period stipulated, the goods shall be deemed to have been accepted.
(1) VHR only accepts liability for intent or grossly negligent behavior of its employees, statutory representatives and vicarious agents. The liability for indirect damage and resulting damage caused by use, lapse of production or from loss of production is excluded to the extent permitted by law.
10) DATA PROTECTION
11) CUSTOMER FEEDBACKS
Dodax has the right to use Customer reviews or feedbacks without limitation and to publish them totally or in part, with or without mentioning the author.
12) MODIFICATION / AMENDMENT OF STC
(1) VHR reserves the right to adjust and modify these STC at any time. The adapted and/or modified STC shall be published on its Website and become binding upon publication.
(2) The Customer's consent is not required for adjustments and modifications of the STC which are done merely with regard to ambiguities.
13) FINAL PROVISIONS
Should one or several clauses of these Terms be, or become, void, ineffective or unenforceable, the validity of the remaining provisions shall not be affected thereby. They shall be replaced by effective or enforceable clauses which come closest to the economicpurpose intended.