Terms & Conditions

§ 1 General Provisions

(1) The following terms and conditions apply to all contracts concluded with me as the provider (Into Endless Chaos Records) via my website. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of Contract

(1) The subject of the contract is the sale of goods and electronic media. My offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You may submit a binding purchase offer (order) via the online shopping cart system. The goods you intend to purchase are placed in the “shopping cart” by clicking the corresponding button. You can access the “shopping cart” via the navigation bar and make changes at any time. After clicking the “Checkout” button and entering your personal details as well as the payment and shipping terms, all order data will be displayed once more on the order summary page. Before submitting your order, you have the opportunity to review all details, make changes (including via the “back” function of your browser), or cancel the purchase. By submitting the order via the “Place binding order” button, you submit a binding offer to me. You will initially receive an automated email confirming receipt of your order, which does not yet constitute acceptance of the contract.

(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which the execution of the order or dispatch of the goods is confirmed to you (order confirmation). If you have not received such a message, you are no longer bound by your order. Any services already rendered will be refunded without delay in such a case.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place via email, in part automatically. You must therefore ensure that the email address you have provided to me is correct, that the receipt of emails is technically guaranteed, and in particular that it is not prevented by spam filters.

§ 3 Right of Retention and Reservation of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain my property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall additionally apply:

a) I retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security of the retained goods is not permitted before transfer of ownership.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to me all claims in the amount of the invoice value arising from the resale, and I accept the assignment. You are further authorised to collect the receivable. However, insofar as you do not properly fulfil your payment obligations, I reserve the right to collect the receivable myself.

c) In the event of combination and mixing of the retained goods, I acquire co-ownership of the new item in the ratio of the invoice value of the retained goods to the other processed items at the time of processing.

d) I undertake to release the securities to which I am entitled at your request, insofar as the realisable value of my securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at my discretion.

§ 4 Warranty

(1) Statutory warranty rights shall apply.

(2) For used goods, the warranty period is one year from delivery of the goods, by way of derogation from the statutory provisions. The one-year warranty period does not apply to damages attributable to me resulting from injury to life, body, or health, or from grossly negligent or intentional conduct or fraud on the part of the seller, nor to claims for recourse pursuant to Sections 478, 479 of the German Civil Code (BGB).

(3) If you are an entrepreneur, the following shall apply by way of derogation from paragraph 1:

a) Only my own statements and the product description of the manufacturer shall be deemed agreed as the quality of the goods, but not other advertising, public representations, or statements by the manufacturer.

b) You are obliged to inspect the goods promptly and with due care for quality and quantity deviations and to notify me in writing of obvious defects within 7 days of receipt of the goods; timely dispatch shall suffice to meet the deadline. This also applies to hidden defects discovered at a later date, from the date of discovery. In the event of a breach of the duty to inspect and give notice, the assertion of warranty claims shall be excluded.

c) In the event of defects, I shall, at my discretion, provide a warranty by way of repair or replacement delivery. If the remedy of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of repair, I shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of performance, insofar as the transport does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages attributable to me resulting from injury to life, body, or health, or from grossly negligent or intentional conduct or fraud, nor to claims for recourse pursuant to Sections 478, 479 of the German Civil Code (BGB).

§ 5 Liability

(1) I shall be liable without limitation for damages arising from injury to life, body, or health. I shall further be liable without limitation in all cases of intentional or grossly negligent conduct, fraudulent concealment of a defect, assumption of a guarantee for the quality of the purchased item, and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding provisions in my customer information and general terms and conditions.

(3) Where material contractual obligations are concerned, my liability in cases of slight negligence shall be limited to the foreseeable damage typical for this type of contract.

(4) In the case of a breach of non-material contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) Data communication over the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. I shall therefore not be liable for the constant or uninterrupted availability of the website and the services offered therein.

§ 6 Governing Law, Place of Performance, Jurisdiction

(1) German law shall apply. For consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

(2) The place of performance for all services arising from business relations with me and the place of jurisdiction shall be Leipzig (Germany), provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is brought. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.