General Terms and Conditions of Trade

(Date: October 31, 2011)


§ 1 Scope of application, parties to the contract

(1) The business relationship between Colosseum Music Entertainment GmbH and the customer is subject exclusively to the following terms and conditions in the version valid at the time of placement of the order. Different conditions imposed by the customer are not acknowledged by Colosseum Music Entertainment GmbH unless they have been expressly confirmed in writing by Colosseum Music Entertainment GmbH.

(2) 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.

(3) The contract shall be concluded with Colosseum Music Entertainment GmbH, Bayernstraße 100, 90471 Nürnberg, company register: AG Nürnberg HRB 8806, director: Armin Luther. Our customer service is available for inquiries and complaints at phone: +49 - (0)911 - 486 49 90, fax: +49 - (0)911 - 486 49 95 or e-mail: shop@colosseum.de.


§ 2 Prices, postage and packaging costs, payment

(1) 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.

(2) Costs of postage and packaging will be charged to the customer. Please find further information in our order details (Purchase Information).


§ 3 Conclusion of contract

(1) Goods will be sold only in normal household quantities. Colosseum Music Entertainment GmbH reserves the right to decline orders for this reason, due to unavailability or any other reason.

(2) The presentation of the Colosseum Music Entertainment GmbH range on the Internet shall not constitute an offer to enter into an agreement within the meaning of section 145 of the German Civil Code. By sending an order to Colosseum Music Entertainment GmbH or by placing an order by phone, the customer makes an offer within the meaning of section 145 ff. of the German Civil Code.

(3) In our online store products may be placed, without commitment, in the basket using the button “In den Warenkorb.” The contents of the basket can be reviewed at any time by clicking the button “Warenkorb.” By checking the box “Entfernen” and clicking the button “Warenkorb aktualisieren” selected products may be removed. If the customer wishes to buy the products in the basket, he or she may click the button “Zur Kasse.” After entering his or her data and choosing the method of payment, the customer may proceed to a recapitulation of the details of his or her order, which can be reviewed and corrected. The order process may be terminated at any time by closing the browser window. The order will be sent only upon the customer’s confirming the details of his or her order. We will store the text of the contract and send the customer an e-mail with the details of the order and our General Terms and Conditions in order to confirm receipt of the order. The General Terms and Conditions may be reviewed at any time on our website. The details of his or her order will not be accessible online for the customer.

We use a secure transmission method called  "Secure Socket Layer" (SSL) when processing customers’ data. This method encrypts all data before they are transmitted to us. We protect the data that you have transmitted to us. Colosseum Music Entertainment GmbH will not let third parties use your personal data.

 (4) The confirmation of receipt mentioned above shall not constitute an acceptance of the order. The contract of sale comes into effect only after express acceptance of the order or upon the shipping of the goods by Colosseum Music Entertainment GmbH, in the case of a download upon the provision of the download. For ordered goods that are not listed in the acceptance of the order, no contract of sale is concluded.. Colosseum Music Entertainment GmbH will, if necessary, advise the customer separately of any possible errors in the information on the range on the website and will make the customer an appropriate alternative offer.


§ 4 Delivery of goods, transfer of risk, payment

(1) Delivery from the Nuremberg stock usually takes two to three 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.

(2) 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.

(3) Unless the customer has given other instructions, goods will usually be delivered by mail, DHL or UPS.

(4) 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.

(5) 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 as defined in § 8 (1), the preceding provision shall not apply. In this case the risk shall pass only upon the hand-over of the goods.

(6) 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. If the customer is a consumer as defined in § 8 (1), the preceding  provision shall not apply. In this case statutory warranty rights remain unaffected.

(7) We accept payments by Credit Card (Visa and MasterCard) and PayPal. Customers from Europe may also pay by bank transfer and “Sofortüberweisung”. Please fill in your exact details and the order number on the bank transfer form.


§ 5 Retention of title

(1) The goods remain the property of Colosseum Music Entertainment GmbH until full settlement of all claims has been made.

(2) In case the customer is a consumer as defined in § 8 (1), the goods shall remain the property of Colosseum Music GmbH until the purchase price for these goods has been fully settled (sec. 449 of the German Civil Code).


§ 6 Downloads

(1) In case of downloads it is the customer’s own responsibility that he/she has sufficient Internet access and meets the system requirements for using the download as stated in the technical specifications.

(2) Colosseum Music Entertainment GmbH grants a non-exclusive and non-transferable licence to use the downloaded work. The customer is not entitled to use the work beyond the scope of this grant of rights. In particular distribution of the work to third parties and making available of the work in data networks is not permitted.

§ 7 Right of retention, set-off, reduction

The purchaser is only entitled to set off or reduce payments if his/her counter-claim has been established in law or has been expressly acknowledged by Colosseum Music Entertainment GmbH. The purchaser is only entitled to retain goods if his/her claims are based on the same contractual relationship. The provision on set-off and reduction in sentence 1 shall not apply to contracts with consumers as defined in § 8 (1).


§ 8 Right of withdrawal

(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 withdrawal:

Instructions on withdrawal for the delivery of goods:

Instructions on withdrawal Right of withdrawal You may withdraw from 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 – also 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 312g paragraph 1 sentence 1 of the German Civil Code in connection with Article 246 Section 3 EGBGB. The deadline for withdrawal is met by posting the withdrawal in due time. The withdrawal 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 withdrawal In case of an effective withdrawal, each party shall return the performance received and benefits taken (e.g. interests). If you are unable to return the performance received and benefits taken (e. g. benefits of use) 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. You are obliged to pay compensation for deterioration of the product and benefits taken only insofar as the benefits taken or the deterioration is due to a usage of the product which is in excess of testing the properties and functionality of the product. “Testing the properties and functionality” shall mean testing and trying the product, like it is possible and common in a retail store. Products that are suitable to be sent as a package shall be sent back at our risk. You have to bear the regular 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 withdrawal, 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 withdrawal or the product, for us upon receipt thereof.   End of instructions on withdrawal

Instructions on withdrawal for the rendering of services:

Instructions on withdrawal Right of withdrawal You may withdraw from your contractual statement, without stating reasons, within 14 days in text form (e.g. letter, fax, e-mail). The term starts upon receipt of this instruction in text form, but not before the conclusion of the contract 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 312g paragraph 1 sentence 1 of the German Civil Code in connection with Article 246 Section 3 EGBGB. The deadline for withdrawal is met by posting the withdrawal in due time. The withdrawal 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 withdrawal In case of an effective withdrawal, each party shall return the performance received and benefits taken (e.g. interests). If you are unable to return the performance received and benefits taken (e. g. benefits of use) 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 may result in your obligation to fulfil your contractual payments nonetheless for the period of time until the withdrawal was made. Any duty to reimburse payments has to be fulfilled within 30 days. This term starts for you when you send the withdrawal, for us upon receipt thereof. Special advice Your right of withdrawal will expire ahead of time ) if complete performance of the contract has been rendered upon your explicit demand before you have exercised your right of withdrawal.   End of instructions on withdrawal

(2) The right of withdrawal does not apply to sound or video recordings (CD, LP, MC, DVD etc.) which have been unsealed by the customer.

(3) The right of withdrawal 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 withdrawal 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 withdrawal, 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. Please find advice on the way of postage that is most favorable for you at http://www.post.de.


§ 9 Warranty and liability

(1) 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 date of delivery.

(2) Colosseum Music Entertainment GmbH is liable for culpable damages in the event of infringement of principal contractual obligations (“Kardinalpflichten”, i.e. the obligation to deliver goods free of fault or provide a functional file to be downloaded)or the lack of assured properties. Beyond that Colosseum Music Entertainment GmbH is liable – on whatever legal grounds – only for damages resulting from danger to life, limb or health or if damages are caused by Colosseum Music Entertainment GmbH or persons engaged by them due to gross or deliberate negligence. Strict liability damages according to the Product Liability Act shall remain unaffected.

(3) In the case of minor negligent infringement of principal contractual obligations, Colosseum Music Entertainment GmbH is liable up to a maximum of typically foreseeable damages, which as a rule will not exceed the purchase price of the goods ordered. Liability in the case of all damages caused by minor negligence is limited to damage to the goods ordered. In case of minor negligence, Colosseum Music Entertainment GmbH shall not be liable for consequential and unpredictable losses, loss of profit, missed savings and claims from third parties.

(4) Downloads are provided according to the description of the product in common audio formats that can be played with regular software or hardware (e.g. MP3 player). Colosseum Music Entertainment  GmbH assumes no warranty that downloads can be played using a customer’s individual configuration of hardware and software.

(5) In case of a complaint please contact us so that we can initiate the possible reshipment. You will then receive an approval of reshipment. Please note this number visibly on the parcel. Please affix stamp and send the parcel to our address. Please do not send goods without prior consultation (unless you are exercising your right of withdrawal set out in § 8 by sending back the goods).


§ 10 Applicable law, place of fulfilment and place of jurisdiction

(1) 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.

(2) Nuremberg / Germany shall be the place of fulfilment of the contract.

(3) Nuremberg / Germany shall be the sole place of jurisdictionif the customer is a business entity, a legal person or trust under public law. If the customer’s domicile or habitual residence is abroad, the place of jurisdiction for all claims arising in connection with the order shall be Nuremberg / Germany. If the customer is a consumer as defined in § 8 (1), the statutory provisions on jurisdiction shall apply.


§ 11 Miscellaneous

(1) 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. The preceding provisions shall not apply if the customer is a consumer as defined in § 8 (1).

(2) 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.

(3) This English version of the terms and conditions is for convenience only. In case of any conflict between the German and the English version of the above-mentioned General Terms and Conditions of Trade (GTC) the German version of our Allgemeine Geschäftsbedingungen (AGB) shall prevail.