1.In general

The general business terms shown below are valid for all contracts, deliveries of goods and provision of services between the

firm Royal Record Shop (hereinafter RRS)

and its customers. The version of the general business terms, valid at the time of placing an order is always effective.

Customers` diverging regulations are objected. Diverging conditions are only admitted by the RRS, if this was agreed to expressly and written. All supplements require written confirmation.

The business relations between RRS and its customers, are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. Venue is Weiden i. d. Opf., provided the customer is businessman or a legal person of the public law or special fund under public law.

2.Offer

The offers( quotations )of RRS are not binding. Variations and technical alterations from the illustrations or descriptions are possible. The respective offer becomes invalid at the publication of a new one

3. Delivery and Payment

There is no minimum order. All prices are quoted  VAT included. After the order the customer will receive an acknowledgement by e-mail , which includes a list of the ordered goods and the bank connection. The purchase price is to be paid directly after conclusion of a contract by transfer to the firm RRS, unless a different agreement was made by contract.

After receipt of the purchase price, the RRS will dispatch the ordered goods. The ordered goods will be delivered to the address stated by the customer, unless otherwise stated by contract. RRS reserves the right to a partial delivery , in case this seams profitable for a speedy handling.  In case, the customer wishes to have  special deliveries, this will be charged with the local extra charge.

4.Times of delivery

Statements on the time of delivery are not binding, unless , by way of exception, RRS made a binding promise on the date of delivery.

RRS forwards goods on stock within 3 working days. In case the goods should not be on stock at the time of placing the order, RRS will try to deal with delivery as soon as possible. In case the failure to supply delivery or other performance on time, is due to force majeure , industrial dispute, unforeseeable obstacles or other circumstances beyond RRS’ control, the period of delivery will be prolonged reasonably.

In case of non compliance of delivery time, for other than the above mentioned reasons, the customer is entitled to grant a reasonable period of grace, with threat of refusal, and to withdraw from the contract after an unsuccessful expiry of the time limit. In case the impossibility to deliver is due to inability of the producer or supplier, the firm RRS as well as the customer are entitled to withdraw from the contract if a delivery period agreed upon is exceeded for more than two months. RRS will inform the customer immediately about the delay in delivery/performance and in case of withdrawal , immediately refund  an already executed consideration.

5. Right of redemption

In case of mail order contracts, the customer, provided he is consumer, is entitled, to return the received goods, without stating the reasons, within two weeks .The right of redemption is also valid for reduced goods and special sales. A right to revoke does not exist in addition to the right of redemption.

The deadline for the return starts at the earliest with receiving the goods and this instruction.

Only if goods cannot be sent as a parcel,( e.g. bulky goods), the return may also be stated by a written revocation, for example a letter, fax or e-mail. In order to comply with the time limit, it is sufficient to send off the goods or demand for revocation in due time. In any case, the return is at the expense and at the risk of RRS. The returning or demand for revocation has to be sent to

Address: Firm Royal Record Shop, owner: Ludwig Fritsch, Stadtplatz 37, 92660 Neustadt/ WN

There is no right of redemption, concerning the delivery of goods which are made according to specifications of the customer, or are obviously made to fit the personal requirements , or are not suitable for return for reason of their state.

In case of an effective return, the mutually received benefits are to be returned  and in case of made utilization( for example advantage of use) to be restored. If the goods should be deteriorated, RRS is entitled to charge compensation for lost value. This does not apply, if the deterioration of the goods is exclusively due to its testing, as possible in a store for example .In other respects, the customer can avoid the duty of compensation of lost value, by not using the goods as an owner and does not do anything that could deteriorate its value.

6.Passing of risk

On dispatch of the goods by RRS, the risk passes unto the customer.

7. Reservation of title, set off and right of retention

The title to the delivered goods remains with RRS until  all claims from the contract are fulfilled ; in the event of the customer being a legal person under public law, separate fund under public law or an entrepreneur (contractor) , exercising his trade or self-employed profession also beyond it, out of the current business relations until settlement of all claims, that are due to RRS in connection with the contract.

The customer can only claim a setoff , if his counterclaims are uncontested or recognized (res judicata) by RRS. The customer only has a right of retention, if his counterclaim is based on the same existing contractual relationship.

8.Warranty Guarantee

RRS guarantees, that the sold goods , at the time of passing the risk, are free of defects in material and manufacture. Concerning the quality standard , guarantee is only due, as far as it is usual in the industry concerned, especially in respect of their country of manufacture. The data given by RRS in catalogues, brochures and website / internet are no guarantee for the condition of the goods, according to section  443 of the Civil Code.

In case the delivered goods are defective, the customer has a right of subsequent rectification of defects. In case this is impossible, has failed or is delayed unreasonably, , the customer is entitled to claim a reduction of payment (reduction) or withdraw from the contract(section 437 nr. 1 and 2 Civil Code )Provided the customer is user , then he also has the right of compensation of damages and expenses, according to section 437 nr. 3 Civil Code.

Provided notification was on time, the company RRS only has a warranty obligation according to nr. 9, if the customer returns the merchandise complained about, together with a qualified notification about the defect and a copy of the bill , at his own expense to RRS. In case of a fault, RRS is obligated, to refund the occurred mail and forwarding charges to the customer.

The warranty does however not include loss in value from normal use. The warranty obligation expires  in case of alteration of the delivered goods by the customer.

9.Notice of defect, damage to goods in transit and missing quantity

On arrival, the customer has to examine the goods immediately for defects and quality (condition).In case of defects and damage in transit, RRS has to be given written notice ( also e-mail ) immediately .If a customer does not give notice to RRS, about an obvious defect or missing quantity, within two weeks after receipt of the goods, warranty is excluded. Decisive for being in due time is the sending off of the notice Provided it is a business between traders, supplementarily the provisions of the HGB, Commercial Code will apply.(section 377 following HGB Commercial Code)

To be observed in case of damage to goods in transit:

 Externally recognizable damages of the consignment are to be attested to the person delivering, immediately and in due form. The transport companies are obligated to do so.

In case of externally not recognizable damages, defects or short weight of the contents which are to be seen, unpacking is to be stopped immediately. The transport company is at once to be made liable in a written form and to be called on determination of the damage, that is at the post office, immediately on the day of delivery, at the railway goods or express dispatch, immediately on the day of delivery, or with the freight forwarder or haulage contractor – immediately on the same day of delivery after handing over of the goods.

In any case, goods and packaging are to be left in the same state , in which they were found when the damage was discovered, until ascertainment of the facts by the representative (authorized person ) of the transport company.

10. Liability

Claim for damages apart from the legal warranty claims, the customer is only entitled to claim from RRS, in case of intent or gross negligence. This exclusion from liability does not apply in case of negligent violation of cardinal duties and, or essentials of the contract, and also, if the damage is covered customarily by a third party liability insurance.

11. Storage of data

It is known to the customer, and he also consents to it, that the personal data of the company RRS, necessary for the handling of the order, are stored on a data carrier. The customer explicitly agrees to the collection, processing and use of his personal data. The stored  personal data are treated confidentially of course, by RRS. The collection, processing and use of the customer´s personal data, takes place in compliance with the Federal Data Protection Act (BDSG), as well as the Telecommunications Data Protection Act (TDDSG)

The customer has the right, to withdraw his approval at any time, with effect for the future. Company RRS is in this case obligated to immediately erase the customer´s personal data . During current orders, (transactions), deletion will be effected after termination of the current order.