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GENERAL TERMS AND CONDITIONS
MATERIAL RECORDS, Wolfgang Muthspiel

General
All business transactions between the customer and material records (in short named MR) and usage by the customer are subject to our General Terms and Conditions (in short named GTC). These GTC override in all cases the GTC used by the customer.
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Operating company and offers
MR is an individual enterprise based in Vienna/Austria. The business address is: Schleifmühlgasse 1a/18, 1040 Vienna, Austria.
MR operates at www.materialrecords.com an internet place. Here articles are offered. The range of goods includes CD´s and sound storage media.

MR accepts no liabilities for technicaly caused malfunctions of the internet place. MR can at any time stop the operation of the internet place.
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Conditions of contract
All incoming messages of the customer are always considered to be an offer on his part to purchase.

The customer is bound to his order or other offers for a period of two weeks from the time of reciept at MR.

The customer is especially reminded of this time limit and its meaning.

The offer can be taken on by MR formally or implicitly, whereby an implicit acceptance of an order takes place in that MR sends the offered articles. Employees of MR are on no circumstances allowed to make any oral or written agreements with customers which are not in accordance with the GTC.
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Prices
All the prices offered by MR include 20 % VAT but do not include handling and shipping which are charged extra. Other expenses resulting from import or export and also all other fees and taxes are to be paid by the customer. All prices shown in our internet shop are subject to confirmation. We reserve the right to make alterations at any time.

Our prices are daily prices and are valid until revoked. Payment in Euro.
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Right of withdrawal
If the customer is a consumer in the sense of consumerism, he may withdraw from a contract entered over the internet or a contract declaration made using the internet place within the following time limits.
Thereby follows that the withdrawal is still in time when the customer declares his withdrwal on the last day of the time limit and sends it to MR by mail or other means. The withdrawal time limit is 14 working days whereby saturday is not counted as a working day.

The withdrawal time limit for contracts concerning delivery of articles of the sector media starts on the day the customer receives them. The customer will be informed seperately and explicitly about his right of withdrawal on receipt of the goods.

The customers right of withdrawal is expressly excluded under the following circumstances:
With orders for audio recordings, in the case that the delivered goods have been unsealed by the customer. Goods are seen to be unsealed if the audio recording has been seperated from its customery packing, especially if the plastic foil is seperated from the product by the customer or in the case of no wrapping or sealing of the audio recording it has been played, or any other action has been taken which is comparable to the described unsealing.

In the case of the withdrawal the customer is obliged to return the received goods in original packing and sealed. If the product has been used the customer is obliged to pay MR an adequate fee for the use and a compensation for the resulting loss in value of the product.

MR is obliged to pay back the carried out payment. The customer is expressly obliged to carry the resulting costs and delivery expenses of the return consignment. MR is expressly allowed in the case of withdrawal by the customer to deduct the above mentioned expenses from the amount to be repaid and only repay the difference.
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Payment date
The payment date for the payment of goods begins at the time of dispatch of the goods by MR. The payment is to be transfered to the account given by MR with no deductions, no discount and free of charges. In particular the customer is obliged to carry all the bank expenses in connection with the payment.
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Payment and arrears in payment
In the case of arrears in payment, MR is entitled to charge an arrears interest rate of 5 % higher than the basis interest rate announced by the Österreichische Nationalbank.

In the case of arrears the customer is obliged to carry all the costs to do with the encashment of the claims, in particular the cash expenses according to the regulation of the Bundesministeriums für wirtschaftliche Angelegenheiten, BGBlNr.: 141/1996 in the respective valid version and the eventual neccessary costs for appropriate legal proceedings by lawyers. In the case of arrears MR is not obliged to send a dunning. If the customer does not dispute the receipt of the dunning (in which the bearing of the costs is again pointed out), he expressly declares he has agreed to bear these costs. At the time of the dunning the customer is informed of the consequences and that if he does not dispute it (the dunning) he agrees to carry all the expenses and costs for the legal action.
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Shipping and charging
The goods are delivered py post. At the time of transfer of the goods to the forwarder (post) risk and accident are transfered to the customer. From this time on the customer bears the risk for blameless loss or destruction of the matter and for damage of the matter.

In the case of withdrawal by the customer, MR is entitled to reckon up all the claims according to § 5g Abs 1 Z 2 und Abs 2 KSchG, these are the costs of the return, the fair payment for the use of the goods and the compensation for the reduction of the general value of the goods, from the payment by the customer and the money now to be returned.
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Retention of title
The goods remain the property of MR until all the claims have been completely payed for. In the case of execution of property belonging to MR the customer is obliged to inform MR immediately in writing and to inform the third party (executer) about the possesion of MR. The customer is liable for all resulting damages for MR.
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Copyright
The buyer expressly accepts that products sold by MR enjoy copyright protection with respect to third parties.

Any usage of these products other than for private purposes is explicitly forbidden.
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Protection of data privacy and permission of the customer
The customer expressly agrees and gives his permission that his personal details such as first name, surname, full address, phone, fax, email and information about his bank connection are collected, transmitted, processed and used for the purpose of carrying out all the mutual rights and duties of the contract made with the customer. The customer agrees expressly that his personal details in the form of automatic data processing are at the disposal of MR´s auxiliary persons in order to carry out the mutual rights and duties.

The auxiliary persons of MR are obliged to respect the Data Protection Act.

At the time of placement of his order the customer will be informed in which way and for what purpose his personal details will be used for. The customer is expressly agreed with the storage of his personal details in the customer database of MR and declares he is agreed to receive customer information of all kinds until he informally revokes this.

You can reach our office under: office@materialrecords.com
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Warranty
The buyer accepts expressly that in the case of a legal supposition falling under implied warranty, MR is entitled in the first instance to provide an improvement in the way of an exchange or replacement of the defect. First after an unsuccessfull attempt at improvement within a time period to be specified individually for each case, can the customer make a claim for a price reduction. The customer must return the faulty goods immediately to MR. MR is not liable for any ensuing damages, indirect damages, losses or loss of profits and is furthermore only liable in the case of intent or gross negligence. In consent and explicitly there is no question of liability by slight negligence.

Warranty is subject to the legal regulations.
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Use of the internet place
The visitor is not allowed to use contents, graphics, source code, offers, price details, logos, company signs, brands, rights for non-material goods or other contents in the internet place for any other than private purposes.
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General
If the customer is not a consumer in the sense of consumerism the parties agree to accept the court of law in Vienna, Austria for all disputes about how the contract has come about and the contract itself. The UN trade law as well as all regulations which relate to the UN trade law are expressly excluded. The contract parties agree, as long as no compelling legal regulations oppose them, to the application of Austrian law.

If the customer is a consumer in the sense of consumerism, the competence of the court is considered established in the district of his place of residence, his normal domicile or his place of employment.

The inoperativeness, nullity, respectively the suspension of single regulations of this contract do not affect the existence of this contract. The regulation which has been suspended due to inoperativeness or nullity should be replaced by a regulation which is as close as possible to the business intention.

Place of performance is the seat of the company.
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Version 02/2005