Terms of service

§1 scope
(1) The business relationships between TIMEZONE (Gechter / Oppermann GbR), Weißenburger Straße 4, 49076 Osnabrück, (Timezone), represented by Gerald Oppermann, Holger Gechter and the customer (end consumer and music dealer) are based on the following general terms and conditions (AGB ) processed. The terms and conditions provided at the time of the order apply, which the customer can also print out for his own purposes.
(2) Conditions that deviate from these terms and conditions are not recognized by Timezone unless Timezone has agreed to them in writing.

§ 2 conclusion of contract
(1) Description of goods and pricing in the Internet catalog are non-binding. A purchase contract for the goods selected by the customer is only concluded with the electronic notification of a delivery date or with the delivery of the goods itself. The electronic confirmation of the receipt of an order does not yet constitute an acceptance of the contract. However, the confirmation of receipt and the acceptance of the contract can be made together in one electronic message.
(2) The contract is concluded with the reservation that the ordered goods are actually available for Timezone. If the goods are not available, Timezone will notify the customer electronically and, if necessary, offer other goods with comparable content for sale.
(3) In the event of obviously incorrect information provided by the customer regarding name, address, email address, dealer status, payment details or other information relevant to processing the order, Timezone can refuse to confirm or accept the order or may be entitled to withdraw. If Timezone withdraws, the goods must be returned to Timezone immediately and unopened at their expense.
(4) The customer is obliged not to make any copies of the goods

§ 3 Right of withdrawal and return
(1) Orders to end consumers within the EU are delivered in accordance with the Distance Selling Act. There is a right of withdrawal and return, according to § 3 FernAbsG. End users within the EU are entitled to withdraw from the contract within 14 days of receipt of the goods without giving any reason. This can be done in writing or by returning the goods, whereby the deadline is met by timely dispatch.
(2) The right of revocation does not apply to CD, video and DVD orders if the data carrier supplied has been unsealed by the customer. These are only taken back in the shrink-wrap (if present) or with an undamaged seal. The same applies to goods manufactured separately according to customer specifications or goods that are not suitable for return due to their nature.
(3) For orders up to a value of EUR 40, - in the event of a cancellation, the customer must return the goods received at his own expense and in perfect condition.
(4) Timezone reserves the right to charge a reasonable amount for the decrease in value or the loss of the goods for goods returned on the basis of a revocation that show clear signs of use or have experienced a significant deterioration in quality or if such goods are lost. This amount can, for example, be the same as the purchase price if the resaleability of the goods is completely impaired (through use by the customer or through transport damage).
(5) The revocation must be sent to: 
Timezone GbR 
Weißenburger Strasse 4 
D-49076 Osnabrück / Germany 
Tel: 0541- 66 85 69 6 
Fax: 0541- 66 85 79 2 
Email: distribution [at] timezone-records.com
 
§ 4 delivery
(1) Unless otherwise agreed, delivery is made from the warehouse to the delivery address specified by the customer. Information about the delivery period is non-binding, unless the delivery date has been promised as an exception. The customer bears the usual shipping costs according to § 7 of these GTC. The place of performance is the Timezone distribution warehouse. If the purchaser is a dealer, the risk is transferred to the purchaser when the goods are delivered to the carrier commissioned by Timezone. This condition does not apply to end users.
(2) Timezone is entitled to make partial deliveries. In the case of partial deliveries, Timezone bears the resulting additional shipping costs.
(3) Timezone reserves the right to withdraw from the contract in the event of delivery impediments in the sphere of Timezone or delivery impediments due to force majeure or legal industrial disputes. Claims for damages by the customer are excluded in the event of withdrawal due to delivery obstacles.
(4) Timezone is entitled, as long as the customer does not expressly request it, to deliver goods of the same shape and quality, provided that they are series items.
(5) Further details are regulated by the shipping conditions (§7).

§ 5 Delivery check for completeness / complaints
(1) The customer is required to check the invoice for obvious spelling and calculation errors as well as for deviations between the order, invoice and delivery. The customer is obliged to notify Timezone of discrepancies immediately, no later than 7 days after receipt of the shipment, stating the invoice number. In the event of a discrepancy on the part of the customer or any reversal requested by Timezone, the customer is requested not to open the goods any further. Otherwise the customer bears the resulting loss of value.
(2) In the event of discrepancies in accordance with (1), the customer is requested to return the goods with sufficient postage to the address given by Timezone on the delivery note or invoice within 7 days of receipt. If the customer does not recognize the discrepancy before delivery, Timezone will reimburse the costs of the return or collection. There are no claims for damages in the event of discrepancies.
(3) Upon receipt of the delivery, the recipient is required to check the consignment for completeness and to notify Timezone immediately, no later than 7 days after receipt of the consignment, of any missing items in a consignment. The purchaser is entitled to postage and postage-free subsequent delivery of any missing items in a shipment. This entitlement expires after 7 days. There is no claim for damages in the case of incomplete shipments.
(1) The customer is required to check the invoice for obvious spelling and calculation errors as well as for deviations between the order, invoice and delivery. The customer is obliged to notify Timezone of discrepancies immediately, no later than 7 days after receipt of the shipment, stating the invoice number. In the event of a discrepancy on the part of the customer or any reversal requested by Timezone, the customer is requested not to open the goods any further. Otherwise the customer bears the resulting loss of value.
(2) In the event of discrepancies in accordance with (1), the customer is requested to return the goods with sufficient postage to the address given by Timezone on the delivery note or invoice within 7 days of receipt. If the customer does not recognize the discrepancy before delivery, Timezone will reimburse the costs of the return or collection. There are no claims for damages in the event of discrepancies.
(3) Upon receipt of the delivery, the recipient is required to check the consignment for completeness and to notify Timezone immediately, no later than 7 days after receipt of the consignment, of any missing items in a consignment. The purchaser is entitled to postage and postage-free subsequent delivery of any missing items in a shipment. This entitlement expires after 7 days. There is no claim for damages in the case of incomplete shipments.
(4) Complaints are to be made in writing, by telephone or fax to
Timezone GbR
Weißenburger Strasse 4
D-49076 Osnabrück / Germany
Tel: 0541- 66 85 69 6
Fax: 0541- 66 85 79 2
E-Mail: office [at] timezone-records.com.
 
§ 6 prices
(1) The prices are valid until the publication of the new Timezone catalog on 1.01. one year. Timezone reserves the right to change prices via the website. In the event of a price increase after receipt of the order, the customer is not bound by the order.
(2) Sector-related dealers who are proven by a trade license receive a dealer discount on the sales prices for printed products shown in the catalog. A batch delivery of printed matter is also possible. For sound carriers and other items, the fixed prices shown on the order forms for the music trade apply. Timezone reserves the right to check whether the discount is worthwhile and not to grant the discount in individual cases.
(3) Priced print products can only be delivered to dealers in Germany and Austria if they have committed themselves in writing to Timezone or a third party to only charge the end customer the fixed sales prices. Sound carriers are excluded from price maintenance.

§ 7 Shipping Conditions
(1) For end consumers, orders of EUR 128 or more are free of postage and packaging costs for deliveries within Germany. Otherwise, a share of the shipping costs will be charged for orders, which the customer bears. Unless otherwise indicated in writing by Timezone, the Shipping costs For Germany at least 2.50 EURO, exact information can be found here.
(2) For dealers, orders are free of postage and packaging for deliveries within Germany. A shipping fee is charged below this, which the customer bears. In the case of deliveries abroad, the customer pays the freight and shipping costs.
(3) If the customer finds out upon receipt of the shipment that the goods are damaged, he must immediately report this to the post office / freight service and have the facts recorded. The factual assessment must also be initiated if the packaging is undamaged and the damage to the goods is only discovered after unpacking. Timezone must be notified of the damage immediately and the record of the facts must be sent. Upon receipt of these documents and return of the damaged goods, the customer will receive a replacement immediately. In the event of defects in the goods that are not due to damage during transport, if the goods are returned, an exchange or credit will be granted. A return of non-defective goods is not possible after the expiry of the right of withdrawal and return (see § 3).
(4) Any additional postage costs incurred due to incorrect information about the delivery address on the part of the customer must be borne by the customer.

§ 8 Terms of Payment / Retention of Title
(1) The delivered goods remain the property of Timezone until they have been paid for in full.
(2) The purchase price is due upon receipt of the goods and is to be paid with a payment term of 10 days. The customer in Germany can pay the purchase price by check, direct debit or transfer. In countries other than Germany, payment is only possible by international postal order, bank transfer or cash (in EURO). The entire invoice amount is due in one go, partial payment is not possible.
(3) Any bank charges incurred are always borne by the customer.
(4) The customer undertakes to check all information required for payment of the order for accuracy and to notify Timezone immediately of any discrepancies.

§ 9 Default in Payment and Insolvency
(1) If the purchase price is not paid within 30 days of the due date or receipt of an invoice or an equivalent request for payment, the purchaser is in default of payment. In the event of default in payment, default interest is payable. The interest rate for this is five percentage points above the base rate according to the Discount Rate Transition Act for end consumers and eight percentage points above this base rate for dealers. The assertion of further damage caused by default remains unaffected by this.
(2) In the event of default in payment, Timezone is entitled to withdraw from the contract and reclaim the goods after setting a reasonable but fruitless deadline for payment. In this case, the return transport costs are to be borne by the customer.
(3) Timezone reserves the right to deliver to defaulting customers cash on delivery or prepayment or not to deliver at all.
(4) If it turns out during the execution of the order that the customer is not creditworthy or that insolvency proceedings are being opened against him or that an insolvency application is rejected due to a lack of cost-covering assets, Timezone is entitled to cancel the order or to cancel the contract that has already been concluded to resign.

§ 10 data protection

(1) Timezone collects and stores the data necessary for order processing when the correspondence begins. Deletion from the card index is possible at any time. Upon request, the customer can access these data electronically from Timezone.
(2) Timezone undertakes to treat the personal data provided to it by the customer as confidential and to protect the privacy of all persons who use the Timezone website. For the purpose of a credit check, Timezone is entitled to transmit the stored customer data to a suitable, fiduciary company such as SCHUFA.

§ 11 final provisions
(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if orders are made from abroad or are delivered abroad.
(2) The place of performance and place of jurisdiction is Osnabrück, insofar as this is legally permissible. In addition, this place of jurisdiction applies to the dunning procedure. Timezone is also entitled to sue at the general place of jurisdiction of the customer.
(3) The waiver by Timezone to exercise or enforce a right or a provision of these GTC does not constitute a waiver of this right or the relevant provision.
(4) Should individual provisions of these terms and conditions be wholly or partially ineffective or not applicable in individual cases, the validity of the remaining provisions or parts of such provisions shall remain unaffected. If a provision is ineffective, it must be replaced by one that comes closest to the intended purpose in economic terms.

When paying in advance, please use the following bank details:
Sparkasse Osnabrück
IBAN: DE75 2655 0105 1510 1511 01
Swift (BIC): NOLA DE 22
Owner: Timezone GbR

For payments from abroad:
Sparkasse Osnabrück
IBAN: DE75 2655 0105 1510 1511 01
Swift (BIC): NOLA DE 22
USt-IdNr: DE265364546
Tax number: 66/222/25005