§ 1 Delivery
(1) Delivery is conditioned upon timely and proper performance of all duties of the customer. Defences based on non-performance of the contract are reserved.
(2) We deliver to the address specified by the customer. The customer warrants and represents that the complete and correct delivery address has been supplied with the order. The customer will be obligated to ensure that delivery of the order to the stated address is possible during regular business and delivery hours.
(3) In case of default in acceptance or other breach of duties to cooperate by the purchaser we are entitled to claim any resulting damage including but not limited to additional expenses, if any. Further damages are reserved. In this case, the risk of loss or damage to the goods passes to the purchaser at the time of such default or breach of duty to cooperate.
(4) We shall be entitled to make partial deliveries and perform partial services at any time as long as this is reasonably acceptable for the customer.
§ 2 Passing of Risk, Shipment, Acts of God
(1) If the purchaser demands shipment of the goods the risk of loss or damage to the goods passes to the purchaser upon dispatch.
(2) we shall not be held responsible for delivery delays as a result of force majeure – even in case of agreed upon time frames or days for delivery. Force majeure shall be deemed to be among others: war, riot, interferences of higher authority, industrial dispute measures, strike or lock-out, lack of raw materials or energy, as well as unavoidable operational or transport interruptions, such as power failures, fire, flooding, or the adverse effects of weather impairing transportation. This shall apply even where the aforementioned conditions occur at our subcontractors or where our subcontractors fail to perform despite appropriate contracts that would have covered the customer ́s contract. In such event, we shall be entitled to postpone the delivery by the period of the hindrance plus a reasonable start-up period or to withdraw in whole or in part from the agreement as a result of the part not yet fulfilled.
§ 3 Retention of Title
(1) We retain title to the goods until receipt of all payments in full. In case of breach of contract by the consumer including, without limitation, default in payment, we are entitled to take possession of the goods.
(2) Until title shifts to the consumer, he shall handle the goods with due care and, to the extent necessary, service and maintain the goods.
(3) As long as the purchase price has not been completely paid, the customer shall immediately inform us in writing if the goods become subject to rights of third persons or other encumbrances.
(4) The customer may resell goods subject to the above retention of title only in the course of his regular business. For this case, he hereby assigns all claims arising out of such resale, whether the goods have been processed or not, to us. Notwithstanding our right to claim direct payment the customer shall be entitled to receive the payment on the assigned claims. To this end, we agree to not demand payment on the assigned claims to the extent the consumer complies with all his obligations for payment and does not become subject to an insolvency or similar proceeding or to any stay of payments.
§ 4 Right of withdrawal
(1) Right of withdrawal
Without the need to specify the reason(s), as a consumer, the customer is entitled to withdraw from the contract within 14 (fourteen) days starting, respectively, from the delivery of the goods (in case of sale of goods) and the conclusion of the contract (in case of provision of services).
To withdraw from the contract, the customer must clearly inform STEYOYOKE, preferably:
– in form of a letter, by telefax, by email or
– by completing and returning the Cancellation Form.
The withdrawal notice has to be addressed to:
D-10367 Berlin (Germany)
Email: firstname.lastname@example.org or email@example.com
The customer carries the burden of proof for dispatching the returnable goods.
(2) Withdrawal period
The period for a withdrawal starts, in case of delivery of goods, from the day of the receipt of such goods and, in case of provision of services, from the conclusion of the contract. Sending the withdrawal notice in time is sufficient to meet the above withdrawal period.
(3) Consequences of withdrawal
The consumer shall send back the goods to STEYOYOKE , without undue delay and in any event not later than 14 days from the day on which he/she has communicated his/her decision to withdraw from the contract. In case of an effective withdrawal the mutually received services and possibly gained advantages (e.g. interest) have to be returned. If the customer can return the received services and/or goods only in all or partly diminished condition, customer will have to indemnify STEYOYOKE. This does not apply for delivered goods if such diminished condition is solely based on their inspection in a way in which the customer would also have been entitled to inspect the goods in a regular shop to establish their nature, characteristics and functioning. To avoid indemnification, customer must not use the delivered good(s) like an owner would but customer must omit anything that could diminish their value.
In order to obtain a refund, Customer has to comply with the aforementioned provisions within 14 days after sending the withdrawal notice. STEYOYOKE will process the refund the price of the goods in full (subject to any deduction STEYOYOKE is entitled to make due to the customer’s use of or damage to the goods) including the cost of standard delivery due to the customer as soon as possible and, in any case within 14 days after the day on which we receive the goods(s) back or (ii) if earlier, the day on which we receive evidence that the customer has returned the goods(s) to our returns address. Until any goods have been returned completely, STEYOYOKE shall make use of its right of retention.
Customer has to bear the costs for reshipment of goods in case he/she exercise his/her right of withdrawal and if the value of the order does not exceed 40,00 Euro. In any other cases the reshipment shall be cost free for the customer.
(5) Exclusion of the right of withdrawal
The right of withdrawal is excluded with regard to contracts regarding:
a) the delivery of perishable goods;
b) service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
c) newspapers, magazines and similar products;
d) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
e) goods which have been customized and/or manufactured especially to the customer’s specifications and instructions;
f) the supply of digital content which is not supplied on a tangible medium (especially musical or visual content acquired in non-physical format via download etc.).
Furthermore, the legally defined exceptions according to § 312 d Abs. 4 of the German Civil Code (“BGB”) shall apply.
In case of exclusion of the right of withdrawal, if the customer has returned the goods, he/she has to bear the costs for any new shipment from STEYOYOKE to him/her.
To STEYOYOKE RECORDING
D-10367 Berlin (Germany)
Email: firstname.lastname@example.org or email@example.com
I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods* / for the supply of the following service*:
Order Number: ____________________________________
Ordered on* / received on*: ______________________
Names of consumer(s): ____________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only if this form is notified on paper): __________________
*Delete as appropriate