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General Terms and Conditions

§ 1: Purview

(1) The present terms and conditions are valid for any contractual relationship between the company Cable Car Records and its clients which are entered into and executed through the company’s websites www.henrikfreischlader.de  and/or cablecarrecords.com.

(2) Your contractual partner is

Cable Car Records

Henrik Freischlader

Obersteinenfeld 15

42107 Wuppertal


Email: shop@cablecarrecords.de

Website: www.henrikfreischlader.de, www.cablecarrecords.com


§ 2: Contract formation

(1) The images of products displayed on the websites referred to under §1 do not state a legally binding offer but rather the invitation to make an offer for the conclusion of a contract based on the conditions listed with each respective product.

(2) By clicking on the button “send order“ in the final step of the ordering-process (Shopping cart > Checkout > Address > Terms of shipping > Terms of payment > Confirm order), you make a binding offer to buy the products in your shopping cart at the given price.

(3) The purchasing-agreement is valid if we confirm the acceptance of your offer (order) via email after receiving your order. Explicit confirmation is not necessary; you thus disclaim explicit acceptance according to § 151 p.1 BGB (German Civil Code). In case we are unable to accept your offer, we will inform you about this via email.


§ 3: Right of withdrawal

Consumers have a legal right of withdrawal according to the following provision. A consumer is every person that executes a legal transaction with a purpose that cannot be attributed to his/her commercial nor self-employed professional occupation.


Note by the company: Please note that we have created the subsequent cancellation policy in accordance with the model text of the Federal Ministry of Justice. In our opinion, however, this text is not unequivocal because according to § 187 par. 1 German Civil Code, the date of the contract formation or the date of taking possession of the object of purchase does not count towards the calculation of the revocation period. Thus, the cancellation period rightly only ends 14 days after the contract formation or the possession.

Also, we want you to note that in case that this cancellation policy is not sent to you upon contract formation, the term will only start later by receiving this policy.

Please keep this in mind in reference to the following policy; we will take this into account for the calculation of the term at any rate.


Cancellation policy


Right of withdrawal

(1) You can withdraw your acceptance of this contract within 14 days without stating any reasons. The revocation period amounts to 14 days starting on the date that you or a third party other than the carrier and indicated by you has acquired possession of the goods, or, in case of a contract with shipments of goods in more than one shipment to you or a third party other than the carrier and indicated by you, the respective term only starts once you or that third party has acquired physical possession of the final partial shipment.


(2) In order to exercise your right of withdrawal, you must inform us about your decision to withdraw from this contract via an unequivocal statement (e.g., a letter mailed to us, a fax, or an email) sent to the following address:

Cable Car Records, Henrik Freischlader, Obersteinenfeld 15, 42107 Wuppertal, Germany

Email: shop@cablecarrecords.de

You may use the attached model form of withdrawal, which is not mandatory to be used.

In order to adhere to the period of revocation, it is sufficient to send the written message concerning the exertion of your right of withdrawal before the revocation period has expired.


(3) Model form of withdrawal

Cable Car Records, Henrik Freischlader, Obersteinenfeld 15, 42107 Wuppertal, Germany, shop@cablecarrecords.de

I/We (*) hereby withdraw from the contract formed with me/us (*) over the purchase of the following goods (*)/the delivery of the following services (*) – ordered on (*)/received on (*) – name(s) of the consumer(s) – address of the consumer(s) – signature of the consumer(s) (only if put in writing on paper) – date ______________

(*) strike out if inappropriate.


(4) Effects of withdrawal

In case of effective withdrawal, all payments we have received from you including shipping costs (with the exception of any additional costs that have emerged because of a shipping method you have chosen other than the least expensive type of standard delivery offered by us), shall be returned immediately and at the latest within 14 days starting from the date of receiving your message concerning your withdrawal from this contract. For this refund, we will use the same payment method used by you for the original transaction, except if something different has been explicitly agreed on with you; under no circumstances will you be charged any fees for this refund. We can deny a refund until we have got the goods back or until you have proven that you have sent back the goods, depending on which would be at an earlier point of time.

You shall send back or hand back the goods to us immediately or, at any rate, at the latest within 14 days starting from the date that you have informed us of your withdrawal from this contract. You bear the costs for the return of the goods.

You are only liable for any diminished value of the goods if this loss of value results from any handling by you other than what is necessary to establish the nature, properties, and functionality of the goods.

End of cancellation policy


(5) Specific information about the right of withdrawal

In accordance with § 312g (2) No. 6 German Civil Code the right of withdrawal is not in effect, if not ruled otherwise, for distance selling agreements, for delivery of audio or video carriers, or software in sealed packaging if the sealing has been removed after the delivery.

(b) In accordance with § 312g Par. 2 No. 9 German Civil Code the right of withdrawal is not in effect for contracts that provide services in the field of accommodation with any other purposes than living purposes, the transportation of goods, the leasing of automobiles, the delivery of food and drinks as well as the provision of other services in connection with recreational activities if the contract provides a specific date or period for the provision. In accordance with this, the right of withdrawal is not in effect for the sale of tickets for events with a fixed date!


§ 4 Costs of return when executing right of withdrawal

You have to pay the common costs for return shipments should you execute your right of withdrawal.


§ 5 Prices, payment, due dates and delay

(1) The purchasing price is due upon contract formation.

(2) You have to cover the shipping costs listed on the websites, particularly those listed on links for each product’s site and in the shopping cart before completion of the order.

(3) The prices listed on the websites include German VAT and all other price components.

(4) Within Germany, orders can only be paid for via cash in advance or PayPal. Please note that for payment via PayPal the General Terms and Conditions of the financial transmission provider are valid. No other methods of payment are accepted.

(5) If you choose cash in advance as your method of payment, we will list our bank-details in the order confirmation and will deliver the goods upon reception of payment. The amount due is to be paid to our account within 10 days.

(6) In case of delayed payment, we are entitled to claim annual interest of 5 per cent above the respective base rate. For legal transactions a client is not involved in, we reserve the right to charge interest of 8 per cent above the base rate on delayed amounts. We reserve the right to proof and claim higher damage for delay according to § 288 Par. 3, 4 German Civil Code.

(7) You are only entitled to offset if your counter claims are legally proven by court, indisputable or accepted by us in writing.

(8) A right of retention can only be executed insofar as the claims result from the same contractual relationship.


§ 6 Terms of delivery and reservation of supply difficulties

(1) Within Germany and the EU, delivery will be made with DHL or Deutsche Post.

(2) Information on shipping costs is to be found on our websites.

(3) The delivery will be executed at the latest 3 days after receipt of payment.

(4) In case that not all products ordered are in stock, we are entitled to partial deliveries as far as this is reasonable to you.

(5) In case you order a product which – according to its product description – is not available and in case we are not supplied with this product by our suppliers without our fault, we are entitled to withdraw from the contract. In this case, we will immediately inform you and, if possible, offer to deliver a comparable product. Should no comparable product be available or should you not wish for delivery of such a comparable product, we will immediately refund any payment made for the respective order to that point.

(6) In case the violation of delivery- or performance period can be traced back to force majeure, industrial action, unpredictable obstacles or other circumstances, which are not represented by the respective party, the term will be adequately prolonged.


§ 7 Damages due to transportation

(1) For you as a consumer, the risk of shipment lies with us, regardless of the kind of shipment chosen by the company (insured / uninsured / package). By choosing insured shipment, we only hedge our commercial risk.

(2) In case transport loss is obvious upon delivery, please claim such damages immediately with the deliverer and contact us as soon as you can.

(3) Failure to claim or to contact us does not affect your legal rights of guarantee. Claiming transport loss and contacting us immediately helps us, however, to claim damages from our deliverers and our transport insurance.


§ 8 Reservation of proprietary rights

Before the complete amount due for a product or an order has been paid, we reserve any proprietary rights for the respective product(s).


§ 9 Withdrawal from the contract

In case of choosing “cash in advance” as your payment method we are entitled to withdraw from the contract if payment is not effected within 10 days after your order.


§ 10 Warranty & Liability

(1) All legal regulations of warranty are in effect. The legal term of warranty starts upon delivery of the goods and commonly holds for two years (in some cases exceptionally longer than this, see § 438 German Civil Code). In case of deficiencies occurring within the legal term of warranty, you have the right to receive supplementary performance (your choice: repair of the deficiency or delivery of new product) and – if the respective requirements are met – and right of reduction or withdrawal as well as damages. You have to allow us two attempts of amendment. Should the chosen way of supplementary performance cause disproportional cost, you are only entitled to the respective other way of supplementary performance.

(2) We do not grant warranty for damages or deficiencies resulting from improper use, handling or storing, negligent or incorrect maintenance or care of the respective good, overuse or improper repair carried out by an unauthorized service provider.

(3) We disclaim liability for slightly negligent violations of duty if these are not contractual duties, injuries to life, body or health, or duties related to warranties or claims under the Product Liability Act. The same is effective for violations of duty by our assistants.


§ 11 Saving this contract

(1) These present terms and conditions will be sent to you upon contract formation. Please also save them by printing them via the print-function of your browser.

(2) We wish to point out that you should read and save the contractual text for each respective offer by printing it out. We do not offer to save the contractual text in any displayable form. Hence, you must store such a saved copy yourself (e.g. by a screenshot of the respective offer or by converting the contractual text into a PDF-file).


§ 12 Data policy

The terms of our privacy policy shall apply.


§ 13 Final clause

(1) In case one of the regulations of these present terms and conditions shall be ineffective, the contract remains in effect for the rest. Instead of the ineffective clause, the relevant legislations shall be effective.

(2) Verbal side agreements, changes, or special agreements in individual cases shall be put down in writing.

(3) In addition to these present terms and conditions, German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall be effective.