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General Terms and Conditions of Trade

(Date: June 13, 2014)

§ 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, phone: +49 - (0)911 - 486 49 90, fax: +49 - (0)911 - 486 49 95, e-mail: shop@colosseum.de; company register: AG Nürnberg HRB 8806, Managing director: Armin Luther. Our customer service is available for inquiries and complaints at: see our aforementioned contact details.

§ 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. When ordering in our online shop, the prices stated in the ordering process shall be binding.

(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 by clicking the button “Kaufen”. 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 takes two to three working days upon confirmation of the order. In the case of advance payment, delivery from the Nuremberg stock 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.

(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 § 7 (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 § 7 (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 § 7 (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 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 § 7 (1).

§ 7 Right of withdrawal

(1) If the customer is a consumer, i. e. a natural person who is acting for purposes which are mainly outside his trade or self-employed business or profession, he/she shall have a statutory right of withdrawal.

(a) For a contract on the delivery of goods which are delivered in one delivery, the following shall apply:

Instruction on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Colosseum Music Entertainment GmbH, Bayernstraße 100, 90471 Nürnberg, Germany, Phone: +49 - (0)911 - 486 49 90, Fax: +49 - (0)911 - 486 49 95, Email: shop@colosseum.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(b) For a contract on the delivery of goods which have been ordered in on order but are delivered separately, the following shall apply:

Instruction on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (Colosseum Music Entertainment GmbH, Bayernstraße 100, 90471 Nürnberg, Germany, Phone.: +49 - (0)911 - 486 49 90, Fax: +49 - (0)911 - 486 49 95, Email: shop@colosseum.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(c) The following withdrawal form may be used to state your withdrawal, but it is not obligatory:

Withdrawal form for download

(2) The right of withdrawal does not apply to the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery (CD, LP, MC, DVD etc.).

§ 8 Warranty and liability

(1) Statutory warranty rights apply. 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. obligations that are vital for fulfilling the purpose of the contract and on whose fulfilment a partner to a contract may rely) 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.

(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; this shall, however, not affect the exercise of your warranty rights in any shape or form.

§ 9 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 jurisdiction if 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 § 7 (1), the statutory provisions on jurisdiction shall apply.

§ 10 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 § 7 (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. 

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