§ 1 Applicability
The present General Terms and Conditions shall apply exclusively to all business relations between Subwaxbcn and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by Subwaxbcn and the purchaser in writing, in individual cases.
Subwaxbcn is the trade name of the business man, Jimi Lysell as it has been entered into the commercial register at the relevant local court (Barcelona). Subwaxbcn is the abbreviated designation of this trade name.
§ 2 Contract conclusion
1. At Subwaxbcn orders can be made by telephone, letter, telefax or e-mail. An incoming order to Subwaxbcn constitutes an offer to conclude a sales contract with Subwaxbcn.
2. The sales contract between Subwaxbcn and the purchaser shall exclusively be brought about if Subwaxbcn dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to Subwaxbcn. A contract will not be concluded for any goods that have been ordered but that are not included in the consignment. The contractual partners are the purchaser and Subwaxbcn.
3. Goods are only sold in the amounts that are usually made available to end-consumers.
§ 3 Revocation, revocation consequences
1. The purchaser can revoke the contract within a month after receipt of the goods. The revocation must be effected in writing (also by e-mail) or by returning the goods. To comply with this term, it is sufficient to send the written revocation or return the goods within the stipulated period. No reasons have to be given for the revocation. The time limit of one month within which the purchaser can revoke in writing (also by e-mail) or by returning the goods commences with the receipt of the goods and the revocation instructions.
2. The purchaser is obliged to pay the usual costs of the return consignment, if the delivered goods correspond to the ordered goods and if the value of the returned goods has a gross amount of up to 40,00 EURO or if, at the time of revocation and in the case of a higher value of returned goods, the purchaser has not paid the respective price or an instalment that has been contractually agreed on. The return consignment is otherwise free of charge for the purchaser.
3. There is no right of revocation for contracts for the delivery of audio or video recordings (vinyl records, CD’s etc), if the delivered data carriers were sealed and the purchaser has unsealed them.
§ 4 Delivery, cost of delivery
1. Insofar as nothing else is agreed on, the consignment will be sent from the Subwaxbcn warehouse to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
2. Should the gross amount of goods delivered nationally amount to 100,00 Euros or more, Subwaxbcn will pay the normal costs of delivery. The purchaser has to pay for any additional costs that accrue due to special forms of delivery requested by the purchaser (e.g. express delivery). Subwaxbcn will inform the purchaser about these costs on request.
3. Should the gross amount of the goods delivered amount to less than 100,00 EURO, the purchaser has to pay for the delivery costs. The purchaser has to pay for the delivery costs, if the goods are to be sent abroad, irrespective of the gross amount of the goods delivered.
4. The delivery costs for consignments within Spain amount to 4,00 EURO. If the purchaser requires the consignment to be sent by special service providers (e.g. express delivery) or if the consignment has to be sent abroad, Subwaxbcn will inform the purchaser of the delivery costs on request.
§ 5 Set-off, retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by Subwaxbcn.
§ 6 Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of Subwaxbcn.
§ 7 Liability for defects
1. The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated here under, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods.
Subwaxbcn is therefore not liable for any damages except for damages to the actual delivered goods.
2. Subwaxbcn emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. Subwaxbcn shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
3. Subwaxbcn emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intelectual property rights or ancillary copyright. Subwaxbcn shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intelectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
4. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 3 here in are also applicable to Subwaxbcn employees, representatives and vicarious agents.
5. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
6. In those cases where Subwaxbcn provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to Subwaxbcn at the expense of Subwaxbcn within 30 days of receipt of the replacement delivery.
7. Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser.
§ 8 Data protection
Personal data that Subwaxbcn has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. Further details are specified in the data privacy regulations.
§ 9 Applicable law
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.