Terms and Conditions for Online Transactions on www.enjarecords.com
§ 1. Validity
The order will not be accepted if the user does not accept these terms and conditions.
§ 2. General issues
1. When ordering, a binding offer is made by the user of the ENJA Web Shop ("the customer") towards ENJA Records Matthias Winckelmann GmbH ("ENJA Records").
2. All valid agreements between ENJA Records and the customer are comprised in these terms and conditions. You have a choice of closing the contract in English or German language. The contract is comprised of the terms and conditions in the corresponding language together with the personal order data you submit during the order process.
3. Storage of contract text: The contract text is not stored by us. The contract consists of these terms and conditions together with your order data. These conditions can always be viewed under the address http://www.enjarecords.com/other.php?p=s.terms.
§ 3. Offer
1. The orders the customer makes are binding offers. All orders made electronically will instantly be confirmed.
2. The confirmation e-mail counts as acceptance of your offer on our side. Only with sending the confirmation to the customer's e-mail address the contract is closed.
3. If there happen to be spelling or calculating mistakes in our website, especially concerning the shipping costs, as well as when there are obstacles from the side of our suppliers, we reserve the right to back out of the contract.
4. As a matter of principle, only typical household shipments for individual consumers are made. Larger shipments only on special agreement.
§ 4. Costs
1. The costs of the order are made up of the particular costs of the ordered articles plus the shipping costs.
In most cases single CDs cost EUR 17,50, double CDs cost EUR 25,-. For countries inside the EU, this amount includes the Value Added Tax (VAT). The amount of VAT paid for an order will be displayed in the order confirmation message.
2. Shipping and handling:
- inside Germany EUR 3.00 - free if order > EUR 50,-
- inside the EU EUR 6.00 - free if order > EUR 50,-
- in rest of world EUR 8.00 for up to 5 CDs, EUR 15.00 for more than 5 CDs.
For shipments out of these ranges the actual shipping costs are used for calculation. In this case, the contract is only made when the customer accepts the final offer from ENJA.
3. Prices are in Euro (EUR). They include value-added tax following the German law "§ 1 Absatz 2 Satz 1 UStG" for shipments to Germany and the European Union, if it is needed. When shipping to countries outside the EU, additional toll costs that we cannot influence may occur.
§ 5. Shipping conditions
1. We are shipping at usual conditions. We decide about itinerary and means of conveyance, unless the customer wishes a certain way of conveyance and - if there are extra costs - pay the price difference. Transfer of perils takes place upon delivery of the shipment.
2. The following time periods between online order and delivery of the ordered goods can be seen as a guideline:
Germany - 1 week
Europe - 2 weeks
Rest of the world - 3 weeks
If an article should be unavailable, we obligate ourselves to let the customer know immediately and give back any payments the customer may have already made. ENJA Records reserves the right not to deliver if unforeseen shortages occur. Articles which are not available will be removed from the web shop as soon as we get knowledge of any such shortage.
3. If the delivered articles do not match the description, or are otherwise defective, ENJA Records will bear the costs of returning the corresponding articles.
§ 6. Payment
1. The only payment method is by credit card (MasterCard®/VISA®).
2. The invoice amount is collected from the customer's credit card account after the contract is made.
3. Once your payment has been received, we will start the shipping process.
§ 7. Right of Withdrawal
1. Only private consumers have the following statutory right of withdrawal:
Instruction on Withdrawals
Right of Withdrawal
You can withdraw from this contract within 2 weeks without providing any reasons using a form of text (e.g. letter, fax, e-mail) or by returning the item. The time limit for withdrawal starts earliest with receipt of these instructions. In order to keep the time limit for withdrawal it is sufficient to either send a note of withdrawal or return the item within the correct time frame. The withdrawal must be sent to:
ENJA Records Matthias Winckelmann GmbH, Inhaber: Matthias Winckelmann, Frundsbergstr. 15, 80634 München. Fax: +49 (89) 18006313, E-Mail: email@example.com
Consequences of Withdrawal. In case of a valid withdrawal the efforts received by both sides must be returned as well as any additional benefits (e.g. interest) that might have arisen. If you cannot return, totally or partially, the received benefits or only in worse condition you must provide compensation. This is not valid, if the worse condition can only be detected by examination which could only have been performed by a professional store. However, you can avoid compensation if you do not use the item as if it was already owned and if you avoid anything that could decrease the value of the item.
Items that can be sent by parcel need to be sent back on our costs and danger. Items that cannot be sent by parcel will be collected by us. Obligations for the refund of payments on your side need to be met within 30 days from the mailing of your declaration of withdrawal.
Your right of withdrawal expires prematurely if according to your explicit wish, the contract is completely fulfilled by both sides bevor you have made use of your right of withdrawal.
End of Instruction on Withdrawal
2. The Right of Withdrawal is not applicable for distant selling contracts over the delivery of audio or video records or software, if the delivered data carriers have been unsealed by the consumer.
3. Moreover, after the above period of withdrawal, consumers can generally send back items within 30 days from the delivery of the shipment, if they are still sealed. As long as the items were not shipped faultily or with defects, however, the consumer needs to bear the costs of return, if the articles are sent back after the period stated in §7.1. The Right of Withdrawal in §7.1 remains unaffected by this.
§ 8. Implied Warranty
The warranty is given according to the regulations of the Federal Republic of Germany. Information about possible additional (voluntary) manufacturer guarantees can be learned from the product documentation.
§ 9. Applicable Law
1. Only German law is applicable. UN law/UNCITRAL is not applicable.
2. Country specific regulations:
For goods returned from Finland, ENJA Records will bear the costs of returning the goods in any case. If the 14-day time limit ends on a Saturday, Sunday or Public Holiday, it will be extended until the next working day.
Spain: After a successful cancellation has been made by the customer, ENJA Records has to return the customer's payment within 30 days. Otherwise, the customer has a right to get back twice the amount.
§ 10. Severability clause
If any provision of these policies and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these policies and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.
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- Last updated on 07 Mar 2012 - Webmaster
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