§1. scope of application
these general terms and conditions apply to all agreements between cracked anegg records keg (the "seller") and its customers which are concluded under exclusive use of means of distance communication (e.g. telephone, letters, fax, e-mail, internet, etc.), in particular to our sales of data carriers (cds, dvds, etc.) and to the download of files from our website. deviant terms and conditions of the customer can only be accepted by our express written consent.
§2. offers in the online-shop, conclusion of agreements
all offers of cracked anegg records keg are non-binding and for informational purposes only. the order of a client constitutes a binding offer for the conclusion of a purchase/delivery contract for the ordered good. the contract becomes existent either by express acceptance by the seller or by factual compliance by the seller with the customer's order, in any event within 14 days from receipt of the order by the seller. contracts on the download of files become existent by actual compliance as soon as the download process has started.
the seller will comply with orders without undue delay, in any event within 30 days. should this not be possible for exceptional reasons, the term for delivery may exceed 30 days in particular cases. should the ordered good not be available, the customer will be so notified and has the right to rescind the contract. should an offer not be available at short notice, we will notify the client within 14 days. for this we need the customer's address or e-mail. in such cases the customer has the right to rescind the contract within 8 days. should the customer not rescind the contract we will deliver the goods at the next possible point in time. any claims for damages and other forms of compensation shall be excluded, including claims by reason of the impossibility of performance.
the risk of loss by accident pass on to the customer as soon as we deliver the goods to the shipper.
we apply the prices actually shown on our website. all prices are in euro. the prices include any applicable austrian vat but exclude packaging and shipping costs. in case of downloads there are no packaging and shipping costs.
payment is possible via credit card (visa, american express, jpc, mastercard, diners club), paypal, by debiting the payer's bank or prepayment. in case of shipment to locations outside austria we only accept prepayment.
in case of late payment of any part of the purchase price we charge interest at the actual rate pursuant to section 1333 para. 2 of the austrian civil code (abgb) and compound interest at the same rate. this does not limit our right to claim damages in excess of the interest payments.
in case of late payment the customer shall reimburse the seller for all costs incurred in connection with dunning and debt collection as well as for attorneys' judicial or extrajudicial fees. the seller's rights are independent of any dunning.
§6. briefing on the right of withdrawal
the customer who is a consumer may withdraw from a contract which was concluded or revoke a declaration made under exclusive use of means of distance communication within 7 working days (saturday not being a working day). this term starts with the receipt of the goods. It is sufficient for the client to dispatch the withdrawal/recall within the stated term.
the right of withdrawal does not apply for audio or video recordings and software if the original packaging was opened by the customer. neither does this right apply in case of downloads, if the downloading process has started.
in case of withdrawal the customer has to resend the goods at his cost and risk to our abovementioned address. after that he will receive back any purchase price which he may have paid as a credit to his with crack shop disposed customer account alternatively specifically agreed to an account to be indicated by the customer.
§7. retention of title
all delivered goods remain the sole propriety of the seller as long as the customer has not fulfilled all obligations under this contract, in particular his payment obligations.
§8. implied warranty
the liability for any defects of the goods or the download service is governed by the austrian statutory warranty rules. in any event the seller shall be entitled to remedy any defects by delivering a sound item. a right to price reduction can only be invoked after a reasonable term without the defect having been remedied. the defective good has to be immediately resent to us by the customer. for other claims, such as damages (including consequential damages, loss of profit and late delivery) we only assume liability in case of gross negligence and intent.
§9. images, measures, data
all images, measures and data in our online shop are without commitment as they are provided to us by the producers. we only make random controls of the data of the producers and do not assume any liability therefor.
§10. data protection
the customer gives his consent that the seller and its agents and employees may identify, save, process or otherwise use the customer's personal data such as name, address, post code, phone and fax number, e-mail address, website, date of birth, banking data for the purpose of concluding and performing this contract as well as for the seller's own promotional purposes and that the seller sends e-mails for promotional purposes (newsletter). the customer may recall this consent at any time.
§11. copyright and third parties' rights
the customer acknowledges that third parties have rights, including copyrights, author's rights and other intellectual property rights in the delivered goods and the downloaded files. the customer shall use the goods/files only in accordance with this contract, the uses permitted by law and in accordance with any applicable license conditions.
§12. (partial) invalidity of these terms and conditions
should any provision of these general terms and conditions or any part thereof be or become ineffective, we are entitled to substitute it for a valid provision which best approaches the intentions expressed herein. the effectiveness of the remaining provisions shall not be affected by the ineffectiveness of any single provision.
§13. applicable law, jurisdiction, place of performance
this contract is governed by austrian law excluding un trade rules. place of performance and jurisdiction is vienna.
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