Please accept our general terms and conditions.
General Terms and Conditions of Équinox Records GbR
(status as per 20.11.02)
Kübler, Kroggel, Kleudgen GbR
Telephone no.: ++49-2932-3326
Volksbank Hellweg eG
Account no.: 5009 666 100
Sort code: 414 601 16
§ 1 Scope
Business relations between
Kübler, Kroggel, Kleudgen GbR
(hereinafter referred to as "Équinoxe Records")
and the Customer shall be governed by the following General Terms and
Conditions in their version applicable as per the date of purchase order,
including for all future transactions. Équinoxe Records will not
acknowledge any provision which may vary from these General Terms and
Conditions, unless explicitly confirmed by Équinoxe Records in
§ 2 Conclusion of Contract
(1) This Contract shall come into force and effect on acceptance of the
Customer's purchase order. Purchase orders shall categorically be effected
without any special confirmation. Équinoxe Records undertakes to
accept the purchase order pursuant to the conditions of its online shop.
In the event of any typing, calculation and printing errors and in the
case of any non-availability of any item, Équinoxe Records is entitled
to rescind the Contract.
(2) In addition to the online shopping function, purchase orders may be
submitted in writing by post or e-mail. In that case, confirmation will
be sent by e-mail.
(3) In the event of any incorrect details made by the Customer with regard
to his or her name, address, e-mail address, bank account or other details
relevant to the purchase order, Équinoxe Records may refuse to
accept the purchase order or is entitled to rescind the contract.
(4) The Customer undertakes not to produce any copies of any copy able
item, except for his or her own requirements.
§ 3 Right of Revocation and Redemption
(1) Purchased items to be sent to end users within the EU will be delivered
in line with the German Mail Order Sales Law ("FernAbsG"). Customers
have the right of revocation and redemption in line with § 3 of the
Mail Order Sales Law. End users within the EU are entitled to revoke the
contract within fourteen (14) days after receipt of the item, without
specifying the reasons involved.
(2) The right of revocation does not apply to purchase orders for CDs,
videos and DVDs if the seal on the supplied item has been broken by the
Customer or to articles of clothing which have already been worn.
§ 4 Supplies
(1) Unless otherwise agreed, items shall be shipped ex stores to the
delivery address specified by the Customer. Details about the delivery
period shall not be binding, unless, as an exception, the delivery date
has definitely been promised.
(2) Équinoxe Records is entitled to effect partial supplies. In
this case, Équinoxe Records shall bear the additional shipping
(3) In the event of hindrances in delivery which are attributable to Équinoxe
Records or due to force majeure or legal industrial action, Équinoxe
Records is entitled to rescind the Contract. Any claims for damages on
the part of the Customer shall be excluded in the event of rescission
due to hindrances in delivery.
(4) Unless explicitly requested by the Customer, Équinoxe Records
is entitled to supply items which are identical in form and quality insofar
as series articles are involved.
(5) Further details are covered by the terms and conditions of shipment
§ 5 Inspection of Delivery and Objections
(1) The Customer is supposed to check the invoice for any obvious typing
and calculation errors and for any variations between the purchase order,
invoice and delivery. The Customer is obliged to notify Équinoxe
Records about any discrepancies immediately, however no later than seven
(7) days following receipt of the item involved, specifying the invoice
number. In the event of any discrepancy established by the Customer or
any return handling as stipulated by Équinoxe Records, the Customer
is not supposed to open up the item involved any further. Otherwise, the
Customer will be responsible for any loss of value incurred thereby.
(2) On receipt of the item involved, the recipient is supposed to check
the shipment for completeness and to notify Équinoxe Records immediately,
however no later than seven (7) days following receipt, about any articles
discovered to be missing in the shipment. The Customer is then entitled
to subsequent delivery of any article found to be missing in a shipment,
free of any postage and shipment costs. This entitlement shall expire
after a period of seven (7) days. The Customer shall not be entitled to
any claims for damages in the case of incomplete shipments.
(3) In the event of complaints, the Customer shall bear the postage costs
involved. Items may only be exchanged in the case of a production fault
or if an incorrect article has been supplied.
(4) Items must be returned to Équinoxe Records address (see above)
within a period of seven (7) days following receipt.
(5) Customers who fail to accept their ordered items and refuse acceptance
of the items involved will no longer be supplied and shall bear all delivery
§ 6 Prices
(1) All prices are without guarantee, are indicated in Euro and include
value-added tax. Équinoxe Records reserves the right to adjust
prices as appropriate.
§ 7 Terms and Conditions of Shipment
(1) A rate for shipment costs will be charged to the Customer. Unless
otherwise declared by Équinoxe Records in writing, this flat rate
for shipment costs is EUR 3 for Germany, EUR 7 for EU member states and
EUR 15.00 for items dispatched by air mail to countries outside the EU
for each shipment. Shipment of items by UPS may also be arranged on request,
in which case the Customer shall bear the costs involved and Équinoxe
Records shall not be charged any further processing fees.
(2) Other shipment rates shall apply for large-sized or heavy shipments
(works of art, packages, collective purchase orders, etc.). The Customer
shall then bear the freight and shipment costs involved.
(3) In the case of cash-on-delivery shipments, Deutsche Post charges an
additional fee of EUR 2.00 which shall be borne by the Customer.
(4) Additional postage charges incurred due to incorrect details in the
shipment address shall be borne by the Customer.
§ 8 Terms and Conditions of Payment
(1) Until the price has been fully paid, the delivered item shall remain
Équinoxe Records property.
(2) Payment of the purchase price shall be immediately due when placing
the purchase order (advance payment). The Customer may effect advance
payment by bank transfer, cash on delivery or cash sent by post. In countries
outside Germany, payment may only be effected by international money order
or in cash (in Euro or US-$). The entire invoiced amount shall be due
for payment at once; there is no possibility of effecting partial payment.
(3) Any bank charges incurred shall always be borne by the Customer.
(4) The Customer undertakes to check the correctness of all details required
for payment of the ordered items and to immediately notify Équinoxe
Records of any discrepancies.
§ 9 Data Protection
(1) When correspondence is commenced, Équinoxe Records will record
and store the data required for processing any orders. This data can be
deleted from the file at any time.
(2) Équinoxe Records undertakes to treat as confidential the personal
data disclosed by the Customer and to protect the private sphere of all
persons using Équinoxe Records website.
§ 10 Final Clauses
(1) German law shall apply to the exclusion of the UN's Law on the Sale
of Goods, even if items are ordered from or supplied to countries outside
(2) The place of performance and jurisdiction shall be Ense.
(3) Équinoxe Records waiver to use or enforce any right or any
provision contained in these General Terms and Conditions shall not involve
any waiver regarding this right or the provision involved.
(4) Should any of the provisions contained in these General Terms and
Conditions become fully or partially ineffective or non-applicable in
individual instances, the effectiveness of the other provisions or parts
thereof shall remain unaffected. If any provision becomes ineffective,
it shall be reworded or supplemented so that the original commercial purpose
intended by the ineffective provision is achieved.
(5) These General Terms and Conditions are issued in both German and English.