GENERAL TERMS OF BUSINESS - 28, May, 2006
1. GENERAL PROVISIONS
These General Terms of Business are valid for all orders made via the website nabi-records.com. By ordering goods the customer accepts these General Terms of Business. Any deviation from these General Terms of Business shall be effective only if confirmed in writing by us.
2. CONTRACTING PARTIES
These General Terms of Business are valid between NABI-records, Emmanuel JULIAN, 91 rue des Maraichers, 75020 PARIS- FRANCE and every person, the customer, who has logged into or is ordering via nabi-records.com. For any questions, you may reach us under firstname.lastname@example.org.
3. CONCLUSION OF CONTRACT AND LIMITATION OF PERFORMANCE
If goods cannot be delivered within 30 days after the day following the day of order, we have the right to withdraw from the contract, even if we have confirmed the contract before. For the case of such a withdrawal, we will inform you immediately about the fact that certain goods are not available, and we will forward back your full paiment without any delay.
4. PRICES AND PAYMENT
The listed prices are daily prices and the price on the day of order is the valid sales price. All prices are – if not indicated to the contrary – gross prices including the statutory value added tax. The costs for the delivery IS included in the prices.
The sales price for the ordered goods is due when your order is placed. Payment may be effected by credit card (by inputting your credit card data on the Paypal's website) or by cash on delivery (C.O.D.).
5. DELIVERY AND RETENTION OF TITLE
The delivery takes place on the customers risk. As soon as the goods have been given from us to a delivery service, the risk will pass over to the customer. This is also valid for partial delivery. The delivery takes place to the address stated by the customer.
Until full payment of the sales price, the goods will remain our own property.
6. TAKING BACK
As a customer, you may revoke by means of a written notification (e-mail, fax or postal service) your order without stating any reasons within a term of 48 hours (not including Saturday) counting from the order payment confirmation from Paypal. It is sufficient if a notification of cancellation is mailed within the above term.
The right to return goods is subject to the condition that the goods have not been used and are in condition which allow their resale. Furthermore, the goods must be send back in the original packaging and within an additional sturdy cover packaging.
The costs of the delivery for returning goods have to be borne by the customer.
When ordering wrapped or sealed data-carriers as CDs, videos, DVDs, the right to return is only valid if the corresponding goods are sent back to us with in the wrapping or with an undestroyed seal.
7. WARRANTIES AND CLAIMS FOR DAMAGES
Deficiencies and damages which are due to culpable or improper treatment by the customer are excluded from the warranties.
Natural wear is also excluded from the warranties. If there is a deficiency of the goods which has to be borne by nabi-records.com, we are at our own discretion entitled to eliminate the deficiencies or to perform a substitute delivery.
Any deficiency should be notified in writing at delivery or at appearance. The warranty period is 30 days counted from the delivery.
Refunding of consequential damages, other direct damages and losses or lost profits due to improper, omitted or delayed delivery are also excluded from the warranties. The above exclusion of warranties does not apply if the damage is due to intention or gross negligence or if the customer makes requests, asserts a claim according to a product liability law.
Damage claims are limited to the value of the delivered goods.
8. DATA PROTECTION
Your personal data are taken processed and used according to the strict provisions of the Paypal website privacy laws. Paypal use a safe transmission method – “Secure Socket Layer” (SSL) – to process customer data. This software encrypts your complete personal data including credit number, name and address. This information cannot be read by unauthorised persons when transmitted in the internet. We commit to treat all customer data which are sent to us relating to an order as strictly confidential and not to forward the data to third parties. Nabi-records.com does not hold any personal datas but email adress.
The jurisdiction for customers is governed by the provisions of the applicable law. Otherwise, the jurisdiction shall be the competent court of the firm seat. French law is applicable unless provisions of the law for the protection of customers contravene.
10. FINAL PROVISION
Should any provision be invalid or unenforceable – regardless of which reason whatsoever – the remaining provisions shall remain valid.