Conditions of Use

Terms of conditions

§ 1 Field of application

For all business relationships between Recent Records GmbH (in the following named recent-records.de) and the customer exclusively apply our terms of conditions with the at the order valid version. Differing conditions by any customer are only valid with an explicit and written approval by recent-records.de.

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§ 2 Conclusion of a contract

Your order constitutes an offer to us to close a purchase contract. When you place an order at recent-records.de you receive an email quoting that we received your order and lists all details (order acceptance). This order acceptance is not a final contract but the information that we received your order. The final purchase contract is valid as soon as the ordered items are shipped and confirm the shipping in a second email to you. Items from your order that are not listed in the shipping confirmation are not object of the purchase contract. Contract partner is Recent Records GmbH.

recent-records.de offers no products for minors. Even our products for children are only available to adults.

Please note that we only sell quantities that are customary in the trade. This refers to the number of ordered items as well as towards more order placements of the same item.

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§ 3 Right of revocation up to 2 weeks

Right of revocation

You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 2 weeks.

The period of time begins with the date the customer receives the order (with circular deliveries of congeneric items it is not before the first partial delivery) and not before we fulfill our duty to supply information. To ensure the revocation period you have to place the shipping within time.

 

The revocation by sending the order back has to be placed to:

 

Recent Records GmbH

Wittelsbacherstr. 50a

90475 Nürnberg

 

The revocation can happen per email at: rueckgabe@recent-records.de

Or by letter to:

Recent Records GmbH

Wittelsbacherstr. 50a

90475 Nürnberg

 

Consequences of revocation:

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. You can avoid the duty of compensation for damaged value if you do not take ownership of the items or you restrain from doing anything that lowers the value of the item. Things that can be shipped by parcel are to be returned on our risk.

You are obliged to bear the costs of the return shipment. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

Special note:

Concerning services (e.g. use of recent-records.de MP3 Music Service) the right of revocation is not applicable if recent-records.de as contract partner starts the service with your approval before the end of the revocation time or you yourself initiated the process (e.g. by starting a Download).

End of revocation instruction

Exclusion of revocation

The right of revocation is not applicable for distance selling contracts if,

•   you unseal the data of delivered audio of video data or software.

•   you download digital music or video data

 

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§ 4 Delivery

If not stated otherwise the delivery takes place form the recent-records.de storage at the given shipping address. You will find information about our products availability at the recent-records.de website. All information concerning availability or shipping is given in good faith, but without guarantee. The information does not guarantee any exact shipping dates unless they are explicitly expressed at the shipping options. We will inform you per email if a product is not available any more or at the moment. If recent-records.de is not able to fulfill the contract without actual fault because third party contractors of recent-records.de are not able to deliver, recent-records.de is able to resign. If this is the case the customer will be informed immediately. This does not affect the statutory rights of the customer.

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§ 5 Due date, Payment and Delay

Our customers can purchase on account (see further requirements at§ 6) or pay per credit card and debit advice procedure. A purchase on account is not available to new customers. For any delay of payment through the customer, recent-records.de is entitled to claim interest for delay of 5 % above the base-lending rate announced by the European Central Bank. In case of a higher verifiable damage caused by default, recent-records.de is entitled to claim compensation.

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§ 6 Special requirements for purchase on account

Purchase on account is for customers over 18 only. Delivery address, home address and billing address have to be identical within Germany. For online services (e.g. software for download) as well as the purchase of coupons a purchase on account is not possible. The amount billed on the invoice is due with the receipt of the invoice.

For a purchase o account we add an additional fee of 1,50€ to possible shipping costs, inclusive VAT per sending. We will notify our customer before any conclusion of a contract if this fee will apply. 

For a purchase of account recent-records.de has the right to check and evaluate the customers data specifications. With any cause for concern recent-records.de will make a credit check.

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§ 7 Charging, Retention

A right for maintenance to the customer is only possible if the counterclaims are legally valid or beyond controversy by recent-records.de. Furthermore the customer has the right of detention only as far as the counterclaims are based on the same contractual relationship.

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§ 8 Price

All prices are inclusive the applicable VAT.

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§ 9 Reservation of proprietary rights

The delivered items remain property of recent-records.de until fully paid.

§ 10 Liability for defects

Is there any damage to the sales item the, effective statutory provisions will apply. The assignment of these claims through the customer is excluded.

recent-records.de will be unlimited liable as far as the cause of damage is based on deliberate intention or grossly negligent or if an injury to persons occurs.

If recent-records.de is violating any of its contractual obligations on deliberate intention its liability to pay damages is limited to the typically occurring material damage.

In case of compensation delivery the customer is obligated to return the original product to recent-records.de within 30 days at the expenses of recent-records.de. The return of the original product has to go conform to the statutory provisions. recent-records.de reserves the right to claim for compensation according to the statutory provisions

The limitation period is 24 months starting with the date of delivery.

As described beforehand further claims of the customer are excluded for any legal reason. recent-records.de is not liable for any damaged not occurring to the delivery item itself; especially recent-records.de is not liable for any list profit or other economic losses of the customer. As far as the contractual liability of recent-records.de is excluded or limited this is also valid for personal liability of employees, agents and any assistants.

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§ 11 Acquisition, handling and utilization of personal Information from our customer

Information we get from you helps us to make your shopping experience at recent-records.de fast and efficient. We use this information for the order process, the shipping and services as well as the payment process (including to check if you purchase on account). We also use your data to communicate with you about orders, products, services and new offers as well as to actualize and cultivate your data and contact to us and to inform you about new products and services. Another way of use is to prevent and reveal misuse, especially defraud or to enable third parties the enforcement of technical, logistic or further services on our account.

Further information about how we collect and treat your personal data for the order process and the sign up for our email newsletter is available at the data security statement.

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§ 12 Applicable law

This agreement shall be governed by German law to the exclusion of United Nations Convention on Contracts for the International Sale of Goods (CISG). Place of juristification is Nürnberg.

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