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Delivery and Payment
Terms of Delivery and Payment
Date: June 15, 2010
General Terms
These terms and conditions shall apply to any order placed with Colosseum Music Entertainment GmbH in writing, in electronic form (fax, e-mail, online shop) or by phone on the basis of the choice of products offered by the Colosseum website on the Internet, in catalogues, leaflets or other advertising material. Should the order contain products other than the products offered here, these terms and conditions shall also apply to these.
Orders in our Online Shops
Colosseum Music Entertainment GmbH respects your privacy. All user data is kept confidential and will not be disclosed to third parties. Unless you express your additional consent to using your data, your data will be processed by Colosseum Music Entertainment GmbH solely for performing its contractual duties arising from the business relationship and for invoicing.
We use "Secure Socket Layer" (SSL) to secure the connection to our online shop. SSL encrypts all of your personal information, including credit card number, your name and your e-mail address, so that it cannot be read as the information travels over the Internet.
Prices
All prices stated are in EURO including applicable VAT. Prices are subject to confirmation and without obligation. We reserve the right to change prices without prior notice. Errors and omissions cannot be completely avoided. In such a case, our invoice prices shall prevail.
Shipping Costs
Costs of postage and packaging will be charged to the customer. Please find further information in our order details Purchase Information
Delivery of Goods
Unless the customer has given other instructions, goods will usually be delivered by mail, DHL or UPS or forwarder.
Deliveries to any address other than the customer’s address or to third parties will only be made on advance payment of the price agreed for the delivery. Payments by direct debit will not be accepted.
Damages which evidently occurred during transport (e.g. damaged packaging or damaged CD boxes) have to be claimed immediately to the postal service or to the respective carrier of shipment via DHL, UPS, Hermes Paketdienst or a freight company.
The risk of loss or damage of the goods shall pass to the customer as soon as the goods leave the premises of Colosseum Music Entertainment GmbH. This also applies in case of partial deliveries. If the customer is a consumer, the preceding provision shall not apply. In this case the risk shall pass only upon the hand-over of the goods.
Delivery Time
Delivery from the Nuremberg stock usually takes two working days upon confirmation of the order. In the case of advance payment, delivery from the Nuremberg stock usually takes two working days upon receipt of the payment.
Acceptance of Shipment
If the customer refuses to accept the delivery or does not collect it at the post office or from the carrier after an unsuccessful attempt of delivery, the goods will be delivered again only at the specific request of the customer and the extra costs of such delivery will be charged.
Retention of Title
The goods remain the property of Colosseum Music Entertainment GmbH until full settlement of all claims against the customer has been made.
Payment
We accept payments by Credit Card (Visa and MasterCard) and PayPal. Customers from Europe may also pay by bank transfer. Please find further information on our site under Purchase Information.
Legitimate Complaints
In the event of delivery of faulty goods, Colosseum Music Entertainment GmbH is entitled either to provide replacement delivery of satisfactory goods or make rectification. If this is unsuccessful, the customer is entitled to withdraw from the contract or to reduce the purchase price. The warranty period is 2 years from the date of delivery.
Right of revocation and returning the goods
(1) If the customer is a consumer, i. e. his/her order is for purposes which are outside his trade, business or profession, he/she shall have the following right of revocation:
| Right of revocation You may revoke your contractual statement, without stating reasons, within 14 days in text form (e.g. letter, fax, e-mail) or in the event that the goods have been handed over before the end of this period by sending back the goods. The term starts upon receipt of this instruction in text form, but not before the goods have been received by the addressee (in case of recurrent deliveries not before receipt of the first partial delivery) and not before we have fulfilled our duty to inform you according to Article 246 Section 2 in connection with Section 1 paragraphs 1 and 2 EGBGB and our duties according to Section 312e paragraph 1 sentence 1 of the German Civil Code in connection with Article 246 Section 3 EGBGB. The deadline for revocation is met by posting the revocation in due time. The revocation must be sent to: Mail: Colosseum Music Entertainment GmbH, Bayernstraße 100, 90471 Nuremberg Fax: +49 – (0)911 – 486 49 95 E-mail: shop@colosseum.de Consequences of revocation In case of an effective revocation, each party shall return the performance received and benefits taken (e.g. interests). If you are unable to return the received performance in total or in part or if you are only able to return the received performance in deteriorated condition, you are required to pay compensation for the value. This does not apply to the surrender of goods if the deterioration of the product is solely due to the inspection of the goods in a way similar to personal inspection of the product in a shop. Apart from that you can avoid your duty to compensate the value for deterioration of the product due to usage for the intended purpose by not using the product like your property and by refraining from any action that affects the value of the product. Products that are suitable to be sent as a package shall be sent back at our risk. You have to bear the costs of reshipment if the delivered goods are the ordered goods and if the price of the product to be sent back does not exceed the amount of 40 Euro. You also have to bear the costs of reshipment in case the price is higher than 40 Euro and if, at the time of revocation, you have not yet performed your consideration or a part of your contractually agreed partial payment. In all other cases reshipment shall be free of charge. Products which cannot be sent as a package will be collected at your place. Any duty to reimburse payments has to be fulfilled within 30 days. This term starts for you when you send the revocation or the product, for us upon receipt thereof. End of instructions on revocation |
(2) The right of revocation does not apply to sound or video recordings (CD, LP, MC, DVD etc.) which have been unsealed by the customer.
(3) The right of revocation expires in case of a service provided (e. g. a download) if complete performance of the contract has been rendered upon the consumer's explicit demand before the right of revocation has been exercised.
(4) The customer shall bear the costs of reshipment if the delivered goods are the ordered goods and if the price of the product to be sent back does not exceed the amount of 40 Euro. The consumer shall also bear the costs of reshipment in case the price is higher than 40 Euro and if, at the time of revocation, her/she have not yet performed his/her consideration or a part of the contractually agreed partial payment. In all other cases reshipment shall be free of charge.
Further information regarding your right of revocation you will find in our General Terms and Conditions of Trade (GTC).
Law & Jurisdiction
The contract is subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) even if the goods are ordered from abroad or delivered abroad.
Nuremberg / Germany shall be the place of fulfilment of the contract.
Miscellaneous
Oral additional agreements have not been entered into. Additional agreements must be in writing. This shall also apply for the renunciation of the written form.
Should any individual stipulations of the contract, including this stipulation, be invalid, in whole or in part, or if the contract contains an omission, this shall not affect the validity of the remaining stipulations.
This English version of the above-listed terms of delivery and payment is for convenience only. In case of any conflict between the German and the English version the German version Lieferungs- und Zahlungsbedingungen für Bestellungen und Lieferungen as well as the German version of our Allgemeine Geschäftsbedingungen (AGB) shall prevail.
