Download the Terms and Conditions from 22.03.2012 here (PDF)Terms and Conditions

Allgemeine Geschäftsbedingungen - General Terms and Conditions -
TS Musikproduktion & Verlag (referred to in the following as “TSM”)

§1 Terms and Conditions

All our deliveries and services are carried out solely and exclusively subject to the present terms and conditions for sale and delivery. Any terms that differ to the present Terms and Conditions, particularly the terms and conditions of the Buyer, shall only become operative if we have confirmed them in written form. We shall not acknowledge any terms or conditions that differ from the present Terms and Conditions, unless we confirm them in written form.

§2 Formation of Contract

(1) The information provided about our products and prices during the course of the ordering process is not binding. The Purchase Agreement governing the article(s) you select shall be deemed contracted after we accept your order by order confirmation relating to delivery of the goods. The confirmation that we have received your order shall not constitute any formation of contract.

(2) Confirmations over the telephone shall be confirmed by fax or by e-mail.

(3) If you place your order online over our website and make an error, you can only correct it directly by way of the appropriate clicks or by input before sending off the order. If you have made an error, however, repeat the ordering process immediately and in the space “Mitteilung” [Message], write “The order sent immediately prior to the present order is invalid”. The text of the contract is saved internally and is not forwarded on to third parties. The Ordering Party shall be able to ask TSM to view the text of the contract.

(4) Check the confirmation for obvious spelling errors and mistakes in calculation and for discrepancies between order, confirmation and delivery. You undertake to notify us immediately of any discrepancies.

(5) The order signed by the Buyer shall be binding. For orders placed over the Internet, the dispatch of the order shall be deemed binding.

(6) We nevertheless retain the right to only enter into a contract after checking the availability of the goods, the delivery date and the identity and solvency of the Customer.

§3 Right of revocation

Instructions on revoking a contract:

You may declare your revocation of contract in text form (e.g. by letter, fax, e-mail) without giving your reasons for doing so within a set period of 14 (fourteen) days or – if the item has been delivered to you before the lapse of this set period – also by returning the item. The set period for revocation commences when you receive the present instructions in text form; for distance contracts (Section 312b (1) sentence 1 BGB [German Civil Code] upon delivery of goods, yet not before the goods have arrived with the recipient (for recurrent deliveries of similar goods, not before the first delivery instalment has arrived) and also not before we have met our obligation to provide information as defined in Article 246 Section 2 in conjunction with Section 1 (1) and (2) EGBGB [Introductory Law to the Civil Code]. The set period for the revocation of contract shall be deemed kept if the revocation or the item is dispatched on time. The letter of revocation shall be sent to:

TS Musikproduktion und Verlag GbR
Managing Partners: Tobias Bösel and Siegfried Rolletter
Kolpingring 20
653299 Kiedrich

Fax: + 49 (0)6123-6789-79
Email: studio@ts-musikproduktion.de
Internet: http://www.ts-musikproduktion.de/

Consequences of Revocation of Contract:

Upon valid revocation, any mutually received performance and, where applicable, any emoluments taken (e.g. interest) shall be returned. If you are unable to return and/or surrender the performance received and benefits (e.g. advantages from use) or only in part or only in a deteriorated condition, you shall inasmuch compensate us for the loss in value. You shall only have to compensate us for benefits enjoyed if you have used the goods in a manner that is in excess of checking its properties and mode of functioning. The term “checking properties and mode of functioning” means the testing and trying out of the respective goods, such as is possible and customary in retail outlets. Items that can be sent by parcel shall be returned at our risk. You shall bear the regular costs of return shipment if the goods delivered were as ordered and if the price of the item to be returned does not exceed an amount of 40 EUR or, when the price is higher, if you have not yet rendered the counter-performance or effected a contractually agreed down-payment at the time of revocation. Otherwise the return shipment shall be free of charge for you. Items that cannot be shipped by parcel shall be collected from you. Commitments to refunds shall be satisfied inside a period of 30 (thirty) days. The set period commences for you when you dispatch your declaration of revocation or the item; for us it commences when we receive this.
End of instructions on revoking a contract.

§4 Right of return

Instructions on the return of goods:

You shall be able to return the items received to us without giving your reasons for doing so within a set period of 14 (fourteen) days. The set period for return commences when you receive the present instructions in text form (e.g. as letter, fax, e-mail), yet not before the goods have arrived with the recipient (for recurrent deliveries of similar goods, not before the first delivery instalment has arrived) and also not before we have met our obligation to provide information as defined in Article 246 Section 2 in conjunction with Section 1 (1) and (2) EGBGB [Introductory Law to the Civil Code] as well as our duties defined in Section 312e (1) sentence 1 BGB [Civil Code] in conjunction with Article 246 (3) EGBGB. You may only declare your request in text form for the goods to be taken back for goods that cannot be shipped by parcel (e.g. bulk goods). The set period for the return of goods shall be deemed kept if the goods or the request for them to be taken back is dispatched on time. In any case, the return consignment shall be at our risk. The return of the goods or the request for them to be taken back shall be sent to:

TS Musikproduktion und Verlag GbR
Managing Partners: Tobias Bösel and Siegfried Rolletter
Kolpingring 20
653299 Kiedrich

Fax: + 49 (0)6123-6789-79
Email: studio@ts-musikproduktion.de

If a return of the goods is required, the goods will be collected from you.
If the audio CD seals have been broken, there shall be no right of revocation or right of return.

Consequences of Returns:

For an effective return, any mutually received performance and, where applicable, any emoluments taken (e.g. advantages from use of the item) shall be returned. If you are unable to return and/or surrender the performance received and benefits (e.g. advantages from use) or only in part or only in a deteriorated condition, you shall inasmuch compensate us for the loss in value. You shall only have to compensate us for benefits enjoyed if you have used the goods in a manner that is in excess of checking its properties and mode of functioning. The term “checking properties and mode of functioning” means the testing and trying out of the respective goods, such as is possible and customary in retail outlets. Items that can be sent by parcel shall be returned at our risk. Commitments to refunds shall be satisfied inside a period of 30 (thirty) days. The set period commences for you when you dispatch the goods or your request for them to be taken back; for us it commences when we receive this.
End of instructions on the return of goods.

§ 5 Data Protection

(1) As a rule we require your personal address, telephone number and e-mail address in order to carry out and complete the order process. Your telephone number only serves us in the event of possible queries and shall not be forwarded on to third parties. We use this information to handle orders, deliver goods and deal with payment (for purchases on invoice, also for further investigation). We also use your information in order to communicate with you about orders, products, services and marketing offers and also to update and manage our client master data.

§6 Delivery

(1) We deliver the ordered goods as you require to all postal addresses in the Federal Republic of Germany. If you wish for delivery to other countries or for a specific mode of dispatch, costs may be incurred that are shown for you under Prices and Costs of Dispatch. For deliveries to other countries, any additional taxes and customs duties possibly incurred shall be borne by the Ordering Party. The Ordering Party shall bear the costs of shipment and any fees that may be incurred in payment transactions (commission, brokerage, handling fees etc.).

(2) We deliver inside ten workdays after payment has been received. The time of delivery may be extended appropriately in certain cases, as for example, if you place your order during our holiday period. In this event, you will be automatically notified of our absence to your e-mail account and informed as to when your order can be processed.

§7 Modalities of Payment

(1) Orders placed over the Internet, by e-mail, fax or otherwise in written form or over the telephone shall be subject to advance payment only. Delivery shall be after receipt of the money.
Banking details:

Account No.: 110 417 62 69
Account holders: Tobias Bösel and Siegfried Rolletter
Bank: Sparda Bank in Wiesbaden

Sort code: 500 905 00
For payments from other countries:
IBAN No.: DE 47500905001104176269
BIC/SWIFT code: GENODEF1S12

(2) The delivered goods shall remain our property until they have been paid for in full. TSM shall be entitled to cancel the contract if you default on payment.

(3) We shall only be able to accept the modes of payment offered for the order.
 
§8 Other

(1) German law shall apply even if orders are placed from another country or delivery is to another country. Should you reside or have your habitual place of abode in another country, Kiedrich shall be the venue for all claims relating to your order. In the event of litigation, the address for summoning is: TS Musikproduktion und Verlag, Tobias Bösel and Siegfried Rolletter, Kolpingring 20, 653299 Kiedrich.

(2) Consumers shall be subject to the provisions of Article 16 EuGVVO [European Jurisdiction and Enforcement Regulation].

Status: 22.03.2012

“The general terms and conditions of TS Musikproduktion & Verlag as of 22.03.2012 apply. The English translation is for your information only; the German wording shall prevail”.