(as per 01/06/07)
1.1 These General Terms and Conditions apply to all business relations between Dub Division and their customers in the actual version valid on the date of signing the contract.
1.2 The General Terms and Conditions of Dub Division apply exclusively. Any conditions of the client contrary to or deviating from our General Terms and Conditions are not accepted unless Dub Division has explicitly accepted them in individual cases in writing.
2.1 Each order placement requires your previous registration as a Dub Division customer. Multiple registrations under different names and addresses are not permissible. After successful registration at Dub Division, the customer is allowed access to the system.
2.2 The admission approval can be revoked at any time without giving reasons. In this case, Dub Division is entitled to immediately inhibit the admittance for placing orders.
§3 Accomplishment of the contract, order fee
3.1 Goods are only sold in quantities usual for domestic use. The representation of Dub Division’ product line on computers displayed via the Internet does not constitute a binding offer.
3.2 By sending an order by E-mail to Dub Division, the customer submits a bid. The customer receives a notice of receipt by Email confirming the order. If required, Dub Division will inform the customer separately about possible errors in the information of the product line on the Website and submit a corresponding counteroffer.
3.3 The contract with Dub Division will be materialized if Dub Division accepts this offer. Acceptance is subject to the availability of the ordered products or service. The declaration of acceptance on the part of Dub Division to the customer is not required. If Dub Division cannot accept the bid of the customer, the customer will be informed about this in electronic form.
3.4 In case of larger orders, Dub Division reserves the right to ask for a corresponding down payment. The order will be handled after receipt of the down payment.
§4 Delivery, mailing expenses
4.1 Dub Division delivers the ordered products immediately to the address indicated by the customer in the order.
4.2 Delivery is made at the mailing expenses indicated in the individual case.
4.3 Information on the anticipated term of delivery is non-binding unless Dub Division has made a binding promise to the customer in writing.
§5 Retention of title
5.1 The delivered products remain the property of Dub Division until all claims against the customer are completely settled.
§6 Due-date and payment
6.1 Dub Division only accepts those payment methods indicated to the customer in each case within the framework of the order transaction.
6.2 The purchase price as well as possibly incurred order fees and/or forwarding costs will be due for payment on conclusion of the contract.
6.3 If the customer is behind schedule with the payment, then Dub Division will be entitled to claim interests for default amounting to 5 % above the base rate in each case. Dub Division’ right to claim higher damage remains unaffected as is the case with the customer’s right to claim lower damage.
6.4 The customer is only entitled to set-off if and as far as his counterclaims are legally established, indisputable and accepted by Dub Division.
6.5 In the event of unsuccessful bank collections, Dub Division will impose a fee amounting to EUR 5.00.
7.1 The customer is entitled to revoke his declaration of intent with regard to the conclusion of the contract without giving reasons within 1 month after receipt of the products and return the products within this period. In order to adhere to the time limit, the dispatch of the products to Dub Division or to an alternative address possibly agreed upon is sufficient.
7.2 The costs for returning products up to a value of EUR 50.00 shall be borne by the customer unless the delivered product or service does not correspond to what was ordered.
7.3 In case of revocation, Dub Division will refund any purchase price already paid by the customer. Costs for returns possibly paid by Dub Division according to section 2 HS 1 will be deducted. In case of payments abroad, the costs for bank transfers will be deducted in addition.
7.4 In the event of essential degradations or loss of the products, the customer has to make up for the corresponding loss in value. Provided that the customer has already paid the purchase price, Dub Division is entitled to deduct the loss in value from the amount to be refunded. In individual cases the loss in value may correspond to the purchase price paid.
7.5 In case of exclusion of the revocation and of the return according to § 3 section 2 of the Distance Selling Act and in accordance with § 6 section 5 of our General Terms and Conditions the customer has to bear the costs for the new delivery when the products are returned to us.
8.1 Dub Division will assume the guarantee for defects existing on delivery of the products for a period of 6 months under the following conditions:
8.2 The customer must inform Dub Division immediately and in writing about possibly occurring defects. In the event of a defect Planet Records is responsible for, Dub Division will eliminate this defect at its own discretion either by repairing it or replacing the product.
8.3 If the repair of the defect or the replacement should fail, if Dub Division is not prepared or not able for this or if a reasonable deadline is exceeded for reasons Dub Division is responsible for, then the customer is entitled to rescind from the contract or claim a reduction of the purchase price.
§9 Data protection
9.1 Storage and processing of person-related data:
Dub Division undertakes to protect the privacy of all persons participating in Dub Division’ product ordering system and to keep the personal data in confidence. This is based on the legal provisions applicable in each case, such as the Federal Data Protection Act and the Information and Communication Services Act. The data received from you will be stored. You can, however, have your data deleted at any time. Please let us know this by Email under mail at dubdivision dot de.
9.2 Use of the person-related data:
We use your data only for the purpose of performing the contract concluded with you.
9.3 Transfer of information:
Dub Division will not disclose person-related data to third parties. The customers will receive Emails from Dub Division only when they have agreed to it (through an order, request for quotation or the like).
9.4 Correction, inhibition and deletion of person-related data:
Dub Division’ customers can request their own user information at any time from Dub Division and have it changed. For the deletion of your user information, please proceed as indicated in § 9.1 of these General Terms and Conditions.
10.1 Dub Division is unrestrictedly liable for damage caused intentionally or through gross negligence as well as in the event of guilefully unmentioned defects.
10.2 Dub Division’ liability for other damage caused to the customer due to any default on the part of Dub Division, any impossibility Dub Division is responsible for or breach of any duty the carrying out of which is of particular importance for attaining the purpose of the contract (cardinal obligation) is limited to such damage which is typical and foreseeable by reason of the contractual use of the product.
10.3 Dub Division is not liable for damage not directly caused to the product itself, for loss of profit or other financial losses.
§11 Final clause
11.1 This contract is exclusively governed by the substantive law of the Federal Republic of Germany excluding the UN Convention on the international sale of goods.
11.2 For all claims arising in connection with the business relationship, the exclusive place of jurisdiction is Hamburg, Federal Republic of Germany.