I CONDITIONS OF SALE / PRIVACY

INFO:

Wir nehmen nicht an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teil. Das Gesetzes über die alternative Streitbeilegung in Verbrauchersachen fordert aber, dass wir Sie trotzdem auf eine für Sie zuständige Verbraucherschlichtungsstelle hinweisen:


Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V.

Straßburger Str. 8

77694 Kehl



Conditions of sale BMR-Onlineshop



§ 1 Territory


The business connection between Phénix Noir Recordings, Patrick Nevian (hereinafter called as Phénix Noir Recordings) as shop operator and the customer is based exclusively on the following conditions of use in their relevant version at the time the order is placed. Other conditions of the customer are not accepted by Phénix Noir Recordings, or only if Phénix Noir Recordings agreed to them in written form.



§ 2 Conclusion of the contract and rescission



Phénix Noir Recordings is commited to take the order on the conditions of the website. If there are written, printed or calculation erros, Phénix Noir Recordings is allowed to rescind.


If a contractor of Phénix Noir Recordings is not delivering the products to Phénix Noir Recordings despite contractual obligations, Phénix Noir Recordings is also allowed to rescind. In this case the customer will be informed at once that the ordered product is not available. The advance payment will be sent back at once.


The customer can rescind with written note (or E-Mail) or by sending back the products in two weeks time after placing the order. The return shipping cost will not be refunded. Phénix Noir Recordings is allowed to retain the decline in value if the product has been used by the customer prior to sending it back.



§ 3 Delivery



If nothing else is declared the delivery will be made from our store to the delivery address the customer has provided. Details about the delivery date are noncommital, but most time it will take 3-6 days after payment (postal way not included). Please keep in mind that we only deliver our products in typical household amounts. If you order more there will be a higher shipping cost. In this case the shipping costs stated on the shipping page of our online shop do not apply. Dealers or distributors who want to by larger amounts can write to info@phenix-noir.de



§ 4 Due date and payment



The purchase price is due with the placement of the order. The customer can pay via prepayment (bank transfer [BIC/IBAN] or PayPal) for Europe and rest of world. After the order he will get a confirmation via eMail and an invoice via mail in which the purchase price (orders with physical products including shipping costs) is stated.



Customers from the EU can use the following international bank account number:



DE76 3655 0000 0050 5009 66


SWIFT-BIC.: WELADED10BH



The order will be delivered after payment has arrived.



§ 5 Charging, Retention



The customer only has the right for charging if his claims have been legally binding ascertained or accepted by Phénix Noir Recordings. Furthermore he is only authorised for retention if his claims are based on the same contract.



§ 6 Retention Of Title



Until all claims against the customer are balanced, the delivered products remain the property of Phénix Noir Recordings.



§ 7 Warrant of merchantability and Liability



If the delivered product has an apparent defect for which Phénix Noir Recordings is liable, the customer can claim either removal of defects or replacement. If Phénix Noir Recordings is not willing or not able to remove the defects or replace the product because of disproportionality or if the removal or replacement is delayed longer than adequate period of time because of reasons Phénix Noir Recordings is responsible for or if the removal of defects or replaclement fails somehow, the customer is allowed to either withdraw from the order or claim abatement of the purchase price.


Other claims of the customer are excluded. Phénix Noir Recordings is not liable for damages others than on the delivered product; especially Phénix Noir Recordings is not liable for loss of profit or other financial loss of the customer. As far as the liability of Phénix Noir Recordings is excluded or constricted this also applies to the personal liability of employees, representatives, factors, servants and assignees.


This limitation of liability does not apply if the customer makes claims from §§ 1, 4 Produkthaftungsgesetz (Product Liability Law), Claims because of the absence of guaranteed attributes or claims of compensation because of non-performance according to §§ 463, 480 Abs. 2 BGB. The same applies initial inability or liable impossibility.


As far as Phénix Noir Recordings negligently violates a basic duty of the contract, the duty of replacement is constricted to the arising damage.


The guarantee period is twentyfour months, starting with the delivery. This period is a statue of limitation and is also applied to claims of replacement because of consequential harm caused by a defect, as far as there are no claims from unlawful acts.



§ 8 Privacy



The customer is informed about the type, amount, place and intention of the inquiry, processing and usage of the data required for the placement of orders and the subscription of the E-Mail-Newsletter (also look at Privacy). The customer formally accepts this inquiry, processing and usage of his personal information.



§ 9 Applicable Law and Legal Venue



Applicabel law is German law with the exclusion of UN purchase law, legal venue is Oberhausen (Rheinland).





Privacy BMR-Onlineshop / Newsletter



Your personal information



The personal informations, we get from you are used for the management of orders, the shipping of our products, billing and requests.



Which information is stored?



All the information you give us when an order or request is stored. You can choose freely which information you give us and which you do not give us. But there is some information that is required for your order or request.


Furthermore we create and save - like a lot of other websites - some information in our database.



Will personal information be given to others?



No. All information you give us will be kept in confidence and will not be given to others.