Contour Music Promotion Konzerte & Tourneen GmbH Alexanderstr. 78, 70182 Stuttgart named Contour in the following: The further details can be found in the Privacy & Liability section. The following contract terms apply for all contracts undertaken between Contour and the respective purchaser and are explicitly accepted when placing the order. Contour offers various goods in their Online-Shop, the specific details of which can be found in the respective description of the article. A consumer in the sense of the following terms is every individual person undertaking a legal transaction for a purpose that cannot be allocated to their commercial/business or self-employed occupational activity.
2. Formation of the contract The range of products from Contour on the Internet is not a binding offer for the undertaking of a sales contract, but an invitation to submit an order (purchase offer on the part of the purchaser). You can submit your purchase offer by telephone, in writing, by fax, by e-mail or by means of the ordering system integrated into the Online-Shop by us. Please take note of the following when ordering through the online shop system: The products intended for purchase are stored in the ?shopping basket?. Through the corresponding button on the navigation bar, you can open the ?shopping basket? and undertake changes there at any time. After opening the ?check out? page and the input of the personal data, as well as the payment and shipping details, all the details of the order will be shown once more at the end of the process. Before finally submitting the order here you once again have the opportunity to verify all the information (e.g. name, address, shipping, method of payment and ordered articles), or to change specific details (also via the "back" function of your Internet browser), or to respectively terminate the purchase. With the submittal of the order through the "Confirm order" button you submit a legally binding purchase offer to Contour. You will initially receive an automatic e-mail about the receipt of your order, which does not yet lead to the formation of the contract. The acceptance of your order for products (and thereby the formation of the contract) is in all cases only complete when payment has been made, and you will be informed by e-mail about the processing status. If you do not receive any confirmation of the order or notification about the shipment from us within 10 working days after your payment, then you are no longer bound to your order. If applicable payments have already been made, they will in this case be reimbursed without delay. The language of the contract is exclusively German. The text of the contract (details of the order and general terms of business) will be stored at Contour. The storage is however of limited duration, so therefore please print out a copy for you or store it separately. Independent of this you will be sent all relevant data of the order by e-mail, which can be printed.
3. Right of cancellation instruction for the consumer Right of cancellation You may cancel your contract declaration within one month in text form (e.g. letter, fax, e-mail) without specification of reasons, or" if the object of the contract has been made available to you before the deadline has expired " cancel your order through the return of the object. The deadline begins after receipt of this notification in text form, however not before receipt of the goods by the recipient (with the repeated delivery of similar merchandise not before the first partial delivery), and also not before the fulfilment of our obligations to furnish information according to article 246 § 2 in conjunction with § 1 section 1 and 2 EGBGB (Introductory Law to the German Civil Code), as well as our obligations according to § 312e section 1 line 1 BGB (German Civil Code) in conjunction with article 246 § 3 EGBGB (Introductory Law to the German Civil Code). To maintain the cancellation deadline it is sufficient to send us the cancellation or return the merchandise in due time. The cancellation should be directed to: Contour Music GmbH, Alexanderstr.78, 70182 Stuttgart, Fax: 0711 - 23 61 311, Email: email@example.com
In the event of an effective cancellation, the performances received by both sides are to be returned, and if applicable, any drawn usage advantages (e.g. interest) are to be reimbursed. If you are not able to wholly or partially return the performance received from us or only able to return it in a deteriorated state, then you must, if applicable, to this extent provided us with due compensation of the value. With the surrender of goods to you this does not apply if the deterioration of the goods is exclusively due to the examination of it ? as for example would be possible for you in a regular shop. You do not need to provide any compensation for any deterioration due to the usage of the article as intended. Articles able to be shipped in parcels are to be returned at our risk. You are obliged to carry the costs for the return shipment if the delivered merchandise corresponds with the order, and if the price of the merchandise to be returned does not exceed an amount above 40 Euros, or with a higher price of the merchandise, you have at the time of the cancellation not yet performed the equivalent payment or a contractually agreed partial payment. In other cases, the return shipment is free of charge for you. Merchandise not able to be shipped in packages will be collected from you. Obligations for the refund of payments must be fulfilled within 30 days. For you the deadline begins with the forwarding of the order cancellation declaration or the object of the contract, for us with its receipt.
Exclusion of the right cancellation Amongst others the right for cancellation does not apply to contracts for the supply of merchandise that is specifically manufactured according to customer specifications, or has been clearly adapted to the personal requirements of a customer, or which due to their characteristics are not suitable for return shipment, or which can quickly become spoilt, or whose expiration date has been exceeded, for the supply of audio or video recordings, or of software, in so far as the supplied data mediums have been unsealed by you, as well as for the supply of newspapers, journals and magazines (except if you have issued your contract declaration for the delivery of newspapers, journals and magazines by telephone). End of cancellation instruction
4. Prices, delivery and shipping costs The prices listed in the respective offers are final prices. They include all price components, including applicable taxes such as value added tax. Only for shipments across national borders can it in individual cases become necessary for you to pay further taxes (e.g. in the case of commercial transactions within the EC), and/or levies (e.g. customs duty), however not to Contour, but directly to the customs or respectively tax authorities responsible there at the destination. The accruing delivery and shipment costs are not contained in the purchase price, they can be viewed through on ?shipping costs? page, are listed separately during the course of the ordering procedure and must be additionally paid by you.
5. Terms of delivery and shipment The shipment is exclusively performed by mail within Germany and to the countries mentioned under "shipping costs". The merchandise is only sent to the specified delivery address after receipt of the complete purchase price and the shipping costs by Contour. The shipping is performed within 3-4 working days after receipt of the payment, as far as no other delivery deadline is specified in the description of the article. On receipt of the delivery, you are requested to immediately check the merchandise for completeness, obvious deficiencies and transport damage, and to inform Contour about complaints as fast as possible. Your statutory warranty rights are unaffected by this. As far as you are a consumer, the hazard of the accidental perishing and the accidental deterioration of the sold merchandise during the shipping is only transferred to you on the receipt of the merchandise into your custody, independent of whether the shipment was insured or not insured. If you are not a consumer, the delivery and shipment are at your risk. It is agreed, that in the event the right for cancellation applicable for consumers for distance contracts is made use of, that the consumer is to carry the costs of the return shipment, if the delivered merchandise corresponds with the order and if the price of the merchandise to be returned does not exceed an amount of 40 Euros, or with a higher price of the merchandise, the consumer has at the time of the cancellation not yet performed the equivalent payment or a contractually agreed partial payment.
6. Warranty The statutory regulations apply.
7. Limitation of liability (1) The vendor has unlimited liability for damages caused through injury to life, to the body or to health, in so far as he fraudulently conceals a defect or has undertaken a guarantee for the characteristics of the object of purchase, in all cases of deliberate and gross negligence, for damages according to the product liability act, or in so far as is otherwise compulsory due to legislative stipulations.
(2) In so far as substantial obligations from the contract are concerned, whose transgression endangers the fulfilment of the objective of the contract, the liability of the vendor for slight negligence is restricted to the damage that is typical and foreseeable for the contract.
(3) With the transgression of unsubstantial contractual obligations, the liability for slight negligent transgression of the obligations is excluded.
(4) At the current status of technology, data communication through the Internet is not free of errors and/or it cannot be ensured that it is available at all times. In this respect, the vendor has no liability for the continuous or uninterrupted availability of the website and the service provided there.
8. Sale of admission tickets The regulations for distance selling contracts (§ 312 b BGB (German Civil Code) do not come into application for the sale of admission tickets for events or concerts (recreational events), which take place at a certain time. In this respect you are also not entitled to a right of cancellation according to § 355 BGB (German Civil Code). With cancellation of events, Contour will reimburse you the full price of the ticket.
9. Place of fulfilment, court of jurisdiction German law is applicable under the exclusion of the UN convention on contracts for the international sale of goods. With consumers, this choice of law only applies as far as hereby the protection afforded to the consumer through compulsory regulations of the legislation of the country where the consumer mainly resides is not retracted (principle of advantage).
The place of fulfilment for all performances resulting from the business relationship with the customer, as well as the court of jurisdiction, is the registered seat of the vendor, as far as the customer is not a consumer, but a businessperson, corporate body under public law or special fund under public law.
The same applies if the customer does not have a general court of jurisdiction in Germany or the EC, or the domicile or habitual place of residence is not known at the time of the filing of the legal action. The capacity to also call on the court at a difference place of legal jurisdiction remains unaffected through this.