Terms of business

1 Field of Application

For the course of business between Apricot Records GmbH and orderer and for all future transaction only following general terms and conditions shall apply in their version that is valid when ordering. Apricot Records GmbH does not accept different conditions of the orderer, unless their application has been explicit allowed by Apricot Records GmbH in written form.

2 Conclusion of Treaty and Resignation

Apricot Records GmbH obligates oneself to accept the order of the orderer to the conditions of the website. If there are mistakes in writing, spelling, calculating e. g. Apricot Records is able to resignate. All prices include VAT, if applicable.

If an ordered product is sold out, Apricot Records GmbH is also able to resignate. In this case the orderer will be immediately informed that the ordered product is not available. The already paid price will be paid back.

Possibility to withdraw:
The following right to withdraw is only given when the goods are still sealed and the orderer has not opened or damaged the sealed package. Further on our give-back-guaranty is valid.

Only for orderers from EU-countries:
The orderer is able to withdraw the contract in written form (also via email) or by sending back the goods in between two weeks. The costs of the return have to be beard by the orderer.

Please stamp your return carefully. Please notice: We refuse the sending if it is not stamped. Packs or sets can only be given back completely. We inform you that we claim compensation for damage if returns show traces of using. This can be avoided by checking the product but not using it.

3 Delivery

If nothing else is agreed the delivery follows from storeroom to the address given by the orderer. Please notify us unasked about every change of your address. The risk by a consumable thing sale (the normal case: The orderer is consumer) is transferred on the orderer not until the possession, if the delivery is handed out by the Apricot Records GmbH or one of its commissioners to the consignor even if there have been made part deliveries. If the orderer is a business owner the risk is transferred already on the orderer by hand over to the sender. Statements about the delivery-date are without obligation, if there have not been given a binding delivery-date by way of exception.

4 Maturity and Payment, Delay

The purchase price will be instantly due with the order. The orderer is able to pay the purchase price with credit-card, cheque or bank transfer. If he's coming into delay with his payment we reserve us right to charge him overdue interest to the amount of 5 % over the basic-rate p.a. announced by the German Federal Bank (www.bundesbank.de). If a higher delay loss is proof able arisen Apricot Records GmbH is able to enforce this loss. However the orderer is explicitly entitled to bring the proof that the loss has not arisen or is essentially lower than the inclusive charge.

5 Recoupment, Right of Retention

The orderer has only a right of retention if his counter-claims have been indefeasible established or acknowledged by Apricot Records GmbH. Furthermore he is only able to exercise a right of recoupment as far as his counter-claims are based on the same contractual relationship.

6 Reservation of Title

Until all existing claims against the orderer have been fully paid the delivered goods remain property of Apricot Records GmbH.

7 Defect Guarantee and Liability

If the bought article has a defect for which Apricot Records GmbH is responsible Apricot Records GmbH is enforced - by its own choice - to eliminate the defect or to deliver a replacement. If Apricot Records GmbH is not prepared or able to eliminate the defect/deliver a replacement or is this delayed about appropriate time limits for which Apricot Records is responsible or the elimination of the defect/delivery of a replacement fails, the orderer is enforced - by his own choice - to withdraw from the contract or to reduce the purchase price or to claim compensation for damage.

Any other claims of the orderer - the legal basis does not matter - are excluded, if there is nothing else mentioned in the following. Therefore the Apricot Records GmbH does not incur a liability for damages which are not arisen on the delivered good itself. The Apricot Records GmbH especially does not incur a liability for missed profit or other property loss. As far as the liability of Apricot Records GmbH is excluded or limited the is valid for the personal liability of employees, representatives and vicarious agent.

This limitation of liability is not valid as far as the cause of the damage is based on intention or gross negligence. Furthermore it is not valid if the orderer has claims out of 1, 4 Product Liability Law ("Produkthaftungsgesetz"), claims because of the lack of a granted attribute or damage claims because of non-performance. The same is valid by inability from the start or justifiable impossibility.

In case of only a negligent breach of duty through Apricot Records GmbH or one of our vicarious agent the liability is limited to the contract typical, foreseeable damage.

The legal period of guarantee time for sale contracts (two years) is valid from delivery of the bought article. This period of time is a deadline for the statute of limitation and is valid for consequential harm caused by defect as far as there are no claims out of a tortious act enforced.

8 Data Protection

The orderer agrees explicitly to the survey, processing and use of personal data. We are save and use your data only for the transaction of the contract (if necessary for the proof of credit). Certainly we will handle you information confidentially and we will not pass them on to third parties.

9 Place of Performance, Place of Jurisdiction, Partly Invalidity, Applicable Law

1. The place of performance for all mutually out of the contract owed performances including possible claims for restitution is Wiesbaden.

2. In the course of business with a business owner and juristic persons of public law the place of jurisdiction for all out of the contract arisen legal disputes including promissory note and cheque actions is Wiesbaden.

3. If single provisions of the delivery contract or this General Terms and Conditions of Trade are not valid the other provisions are still valid

4. For legal transactions and other legal relations with Apricot Records GmbH the law of the Federal Republic of Germany under exclusion of UN law on sales is valid. For contracts of a propose that can not be counted under profession or a business of the legitimate claimant (consumer), this choice of law is only valid if the offered protection is not withdrawn through cogent law of the country where the consumer has his usual residence.

Apricot Records GmbH
Registered seat:65195 Wiesbaden
Managing directors: Johannes Schneider, Dr. Hanns-Christian Mahler, Martin Nelte
Commercial register Wiesbaden (HRB 12282)
The copyright of these general terms and conditions trade holds lawyer Martin Nelte, 65199 Wiesbaden, Germany

Further questions?
Please email to: sales@apricot-records.de.

Please enjoy shopping and have a nice day!