Terms and Conditions

1. Scope

(1) These general terms and conditions apply to the sale of goods by Silent Watcher Records, Brunnenstraße 25, 67661 Kaiserslautern (hereinafter referred to as “we” or “us”) to the customer (hereinafter referred to as “customer” or “you” or referred to as “you”) in our online shop.

(2) Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions will not become part of the contract.


2. Distinction between entrepreneurs and consumers

(1) Some provisions of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specifically marked at the relevant point in these General Terms and Conditions.

(2) “Consumer” within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

(3) “Entrepreneurs” within the meaning of these General Terms and Conditions are natural and legal persons or partnerships with legal capacity, in accordance with the legal definition in Section 14 of the German Civil Code, who enter into a business relationship with us in the exercise of their commercial or independent professional activity.


3. Customer Account

(1) For more convenient use of the online shop, you have the option of opening a customer account. You are obliged to treat your access data, such as your password, confidentially and to inform us immediately in the event of loss or unauthorized use of your access data.


4. Conclusion of contract, contract language

(1) Only when you order the goods and/or service is a binding offer to conclude a corresponding contract. To place the order, place the selected goods in the shopping cart, go through the rest of the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct them if necessary. Only when you send the order do you submit a binding offer to conclude a contract.

(2) We can process your offer within two days

– Sending an order confirmation by post, fax or e-mail,

– Delivery of the goods or

– Request for payment

accept; The time at which you receive our order confirmation, goods or request for payment is decisive for compliance with the deadline.

(3) Contract language is German.


5. Storage of contract provisions

We store the contract provisions, i.e. the order data and the present General Terms and Conditions. You can print out or save the contractual provisions by using the usual functionality of your browser (usually “Print” or “File” > “Save as”). The order data is contained in the order overview, which is displayed in the last step of the order. The contractual provisions, including the general terms and conditions, are also contained in the e-mail with the order confirmation, which we send to you if your order is accepted.


6. Delivery Disruptions

If an ordered article cannot be delivered because we are not supplied by our supplier through no fault of our own despite his contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are no longer available and will immediately reimburse any services already rendered.


7. Payment

If payment in advance has been agreed, payment is due immediately after conclusion of the contract.


8. Retention of Title

(1) The following applies to consumers:

The product delivered by us remains our property until full payment (reserved goods).

(2) The following applies to entrepreneurs:

We reserve ownership of the reserved goods until all payments from the business relationship with the customer have been received. We undertake to release our securities at the customer’s request insofar as the value of our securities exceeds the claims to be secured by more than 20%; The selection for the release of securities is done by us.

The customer is entitled to resell the reserved goods to a third party in the ordinary course of business; however, he hereby assigns to us all claims arising from the resale.


9. Claims for defects (warranty)

(1) The following applies to consumers:

The statutory warranty provisions apply to our warranty obligations.

(2) The following applies to entrepreneurs:

If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code, he must inspect the goods immediately upon receipt. Recognizable defects must be reported to us in writing immediately after receipt of the goods or – if the defect only becomes apparent later – immediately after discovery. The timely dispatch of the notification is sufficient to preserve the rights of the customer. Failing this, the goods are considered approved. This does not apply if we have fraudulently concealed the defect.

If there is a defect in the purchased item, we initially provide a warranty through supplementary performance, at our discretion either in the form of a remedy of the defect or a replacement delivery. If the subsequent performance fails, the customer is entitled to reduce the consideration or – in the case of significant defects – to withdraw from the contract.

Claims of the buyer due to material defects become time-barred one year after delivery of the purchased item to the customer. Excluded from this are claims for damages by the buyer, which are aimed at compensation for bodily injury or damage to health due to a defect for which we are responsible or which are due to gross negligence on the part of us or our vicarious agents; the statutory limitation period applies to these claims.

If the goods are a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness, the statutory period of limitation is 5 years from delivery.


10. Disclaimers and Limitations of Liability

The following applies to our liability for damages:

(1) In the event of intent and gross negligence, including on the part of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to damage to life, limb or health caused by negligence.

(2) In the case of property damage and financial loss caused by negligence, we are only liable in the event of a breach of a material contractual obligation, but the amount is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded; Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.

(3) Apart from that, liability on our part, regardless of its legal basis, is excluded.

(4) The exclusions and limitations of liability in the above paragraphs (1) to (3) also apply mutatis mutandis to our vicarious agents.

(5) Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above.


11. Choice of Law, Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies. The UN sales law is excluded. This choice of law applies to a consumer only insofar as it does not restrict any mandatory statutory provisions of the state in which he has his place of residence or habitual abode.

(2) The place of jurisdiction in transactions with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled to choose to sue at the customer’s registered office.