Terms and Conditions

Standard Business Terms and customer information

I. Standard business terms

§ 1

Basic provisions

(1)

The following business terms are applicable to all the contracts, which you conclude with us as a supplier

(Lutz Scheppank) via the www.balaha-records.de website. Unless otherwise agreed upon, the inclusion, if

necessary, of your own conditions is ruled out.

(2)

A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal

transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent

professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible

partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial

activity.

§ 2

Conclusion of the contract

(1)

The subject-matter of the contract is the selling of products.

(2)

On placing the product in question on our website, we provide you with a binding offer to conclude a sales

agreement subject to the conditions specified in the item description.

(3)

The purchase agreement takes place via the online shopping cart system as follows:

The products

intended for purchase are moved to the "shopping cart". You can select the shopping cart using the

appropriate buttons on the navigation bar and make changes there at any time.

After calling up the “Checkout” page and entering the required personal data and payment and shipping

conditions, all order information is then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments,

Postpay, Sofortüberweisung) to receive payments, you will either be guided to our online shop on the order

summary page or forwarded to the web page of the instant payment provider.

If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then

be returned to the order summary page in our online shop.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet

browser’s ‘back’ function) or cancel the purchase transaction.

By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way

by which the purchase agreement takes place.

(4)

You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We

supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5)

The execution of the order and the sending of all the details necessitated by the conclusion of the contract

take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address

that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In

particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3

Right of retention

, reservation of proprietary rights

(1)

You can only exercise a right of retention if the situation in question involves claims arising from the same

contractual relationship.

(2)

The goods remain our property until the purchase price is paid in full.

§ 4

Warranty

(1)

The statutory warranty rights are applicable.

(2)

Despite the contents of the corresponding legal regulation, the warranty period for second-hand items

amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not

apply in situations involving culpably caused damages that can be attributed to the supplier and which are

associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations

involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on

the part of the supplier or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).

§ 5

Liability

(1)

We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore,

we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently

concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other

legally regulated cases.

(2)

The liability of defects within the scope of the implied warranty complies with the corresponding regulation in

our customer information (Part II)

and General Terms and Conditions (Part I)

.

(3)

If the situation in question relates to important contractual obligations and involves minor negligence, our

liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual

obligations’ refers to important obligations that follow from the nature of the contract and whose violation would

jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract

impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it

possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken

for granted by you.

(4)

When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the

situation in question involves violations of obligations associated with light negligence.

(5)

The current state of the respective technology makes it impossible to guarantee that data transmission

operations that use the internet will take place in an error-free manner characterised by permanent availability. In

this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered

on the website.

§ 6

Choice of law

(1)

German law shall apply. This choice of law only applies to customers if it does not result in the revocation of

the protection guaranteed by the mandatory provisions of the law of the country in which the respective

customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2)

The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly

inapplicable.

_______________________________________________________________________________________

II. Customer information

1.

Identity of the seller

Lutz Scheppank

Werner-Voß-Damm 45

12101 Berlin

Germany

Telephone: 03078895355

info@balaha-records.de

E-Mail:

Alternative dispute resolution:

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which

can be viewed under

.

https://ec.europa.eu/odr

2.

Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the

correction options are executed in accordance to the regulations "conclusion of the contract" in our standard

business terms (part I.).

3.

Contractual language, saving the text of the contract

3.1

Contract language shall be English.

3.2

The complete text of the contract is not saved with us. Before the order is sent,

via the online - shopping cart

system

the contract data can be printed out or electronically saved using the browser’s print function. After the

order is received by us, the order data, the legally-mandated details related to distance selling contracts and the

standard business terms are re-sent to you via e-mail.

3.3

You will be sent all contractual information within the framework of a binding offer in written form, via E-mail

for example, for quotation requests outside of the online shopping basket system, which can be printed out or

saved electronically in a secure manner.

4.

Codes of conduct

4.1

We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be

viewed at:

and, in

http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf

connection with that, the Ecommerce Europe Trustmark Code of Conduct

.

http://www.ecommercetrustmark.eu/the-code-of-conduct/

5.

Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6.

Prices and payment arrangements

6.1

The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all

the price components, including all the incidental taxes.

6.2

The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking

the appropriate button on our website or in the respective quote, are shown separately over the course of the

order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

6.3

The payment methods that are available to you are

shown by clicking the appropriate button on our website

or are disclosed in the respective quote.

6.4

Unless otherwise specified for the respective payment methods, the payment claims arising from the contract

that has been concluded become payable immediately.

7.

Delivery conditions

7.1

The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking

the appropriate button on our website or in the respective quote.

7.2

If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being

destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless

of whether or not the shipping operation is insured. This condition does not apply if you have independently

commissioned a transport company that has not been specified by us or a person who has otherwise been

appointed to execute the shipping operation.

 

 

 

 

 

 

 

Standard Business Terms and customer information

I. Standard business terms

§ 1

Basic provisions

(1)

The following business terms are applicable to all the contracts, which you conclude with us as a supplier

(Lutz Scheppank) via the www.balaha-records.de website. Unless otherwise agreed upon, the inclusion, if

necessary, of your own conditions is ruled out.

(2)

A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal

transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent

professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible

partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial

activity.

§ 2

Conclusion of the contract

(1)

The subject-matter of the contract is the selling of products.

(2)

On placing the product in question on our website, we provide you with a binding offer to conclude a sales

agreement subject to the conditions specified in the item description.

(3)

The purchase agreement takes place via the online shopping cart system as follows:

The products

intended for purchase are moved to the "shopping cart". You can select the shopping cart using the

appropriate buttons on the navigation bar and make changes there at any time.

After calling up the “Checkout” page and entering the required personal data and payment and shipping

conditions, all order information is then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments,

Postpay, Sofortüberweisung) to receive payments, you will either be guided to our online shop on the order

summary page or forwarded to the web page of the instant payment provider.

If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then

be returned to the order summary page in our online shop.

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet

browser’s ‘back’ function) or cancel the purchase transaction.

By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way

by which the purchase agreement takes place.

(4)

You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We

supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5)

The execution of the order and the sending of all the details necessitated by the conclusion of the contract

take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address

that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In

particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3

Right of retention

, reservation of proprietary rights

(1)

You can only exercise a right of retention if the situation in question involves claims arising from the same

contractual relationship.

(2)

The goods remain our property until the purchase price is paid in full.

§ 4

Warranty

(1)

The statutory warranty rights are applicable.

(2)

Despite the contents of the corresponding legal regulation, the warranty period for second-hand items

amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not

apply in situations involving culpably caused damages that can be attributed to the supplier and which are

associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations

involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on

the part of the supplier or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).

§ 5

Liability

(1)

We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore,

we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently

concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other

legally regulated cases.

(2)

The liability of defects within the scope of the implied warranty complies with the corresponding regulation in

our customer information (Part II)

and General Terms and Conditions (Part I)

.

(3)

If the situation in question relates to important contractual obligations and involves minor negligence, our

liability is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual

obligations’ refers to important obligations that follow from the nature of the contract and whose violation would

jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract

impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it

possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken

for granted by you.

(4)

When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the

situation in question involves violations of obligations associated with light negligence.

(5)

The current state of the respective technology makes it impossible to guarantee that data transmission

operations that use the internet will take place in an error-free manner characterised by permanent availability. In

this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered

on the website.

§ 6

Choice of law

(1)

German law shall apply. This choice of law only applies to customers if it does not result in the revocation of

the protection guaranteed by the mandatory provisions of the law of the country in which the respective

customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2)

The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly

inapplicable.

_______________________________________________________________________________________

II. Customer information

1.

Identity of the seller

Lutz Scheppank

Werner-Voß-Damm 45

12101 Berlin

Germany

Telephone: 03078895355

info@balaha-records.de

E-Mail:

Alternative dispute resolution:

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which

can be viewed under

.

https://ec.europa.eu/odr

2.

Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the

correction options are executed in accordance to the regulations "conclusion of the contract" in our standard

business terms (part I.).

3.

Contractual language, saving the text of the contract

3.1

Contract language shall be English.

3.2

The complete text of the contract is not saved with us. Before the order is sent,

via the online - shopping cart

system

the contract data can be printed out or electronically saved using the browser’s print function. After the

order is received by us, the order data, the legally-mandated details related to distance selling contracts and the

standard business terms are re-sent to you via e-mail.

3.3

You will be sent all contractual information within the framework of a binding offer in written form, via E-mail

for example, for quotation requests outside of the online shopping basket system, which can be printed out or

saved electronically in a secure manner.

4.

Codes of conduct

4.1

We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be

viewed at:

and, in

http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf

connection with that, the Ecommerce Europe Trustmark Code of Conduct

.

http://www.ecommercetrustmark.eu/the-code-of-conduct/

5.

Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6.

Prices and payment arrangements

6.1

The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all

the price components, including all the incidental taxes.

6.2

The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking

the appropriate button on our website or in the respective quote, are shown separately over the course of the

order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

6.3

The payment methods that are available to you are

shown by clicking the appropriate button on our website

or are disclosed in the respective quote.

6.4

Unless otherwise specified for the respective payment methods, the payment claims arising from the contract

that has been concluded become payable immediately.

7.

Delivery conditions

7.1

The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking

the appropriate button on our website or in the respective quote.

7.2

If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being

destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless

of whether or not the shipping operation is insured. This condition does not apply if you have independently

commissioned a transport company that has not been specified by us or a person who has otherwise been

appointed to execute the shipping operation.

8.

Statutory warranty right

8.1

The liability for defects associated with our goods

is geared towards the ‘Warranty’ provision in our standard

business terms (part I).

8.2

As a user, you are requested to promptly check the product for completeness, visible defects and transport

damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in

writing.Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

These SBTs and customer details were created by the lawyers specialising in IT law who work for the

Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the

legal security of the texts and assumes liability in case warnings are issued. More detailed information can be

found on the following website:

.

http://www.haendlerbund.de/agb-service

last update: 02.10.2017