General Terms and Conditions
Blackbird Music/Blackbird Shop
The operator of the internet site www.blackbird-shop.de is Blackbird Music, Andreas Hommelsheim (hereinafter referred to as ”Blackbird Music“), Salzufer 15-16, 10587 Berlin, Germany.
At www.blackbird-shop.de Blackbird Music offers products in the range of video and audio media as well as merchandising to be ordered. Ordering the products shown on the internet site www.blackbird-shop.de shall effect the acceptance of the following General Terms and Conditions of Blackbird Music at the same time.
If and insofar as not stipulated differently in the General Terms and Conditions the statutory rules shall apply. Any terms of the orderer not complying with the General Terms and Conditions and/or the statutory rules agreed upon under clause 1 shall not be accepted by Blackbird Music, unless Blackbird Music expressly agrees to them in writing.
Conclusion Of Contract When Ordering
(1) The presentation of products on the internet site www.blackbird-shop.de is not a legally binding offer of Blackbird-Music, but a nonbinding request to order the products from Blackbird Music.
(2) By sending the completed purchase order form provided on the internet site www.blackbird-shop.de the orderer submits a binding offer to conclude a purchase agreement. Receipt of this order is acknowledged by automated email immediately after sending the purchase order form. If Blackbird Music wishes to accept the orderer’s offer, Blackbird Music will send the orderer a special order acknowledgement by email or ship the ordered product or products. Only upon the orderer’s receipt of this order acknowledgement or after shipment of the ordered product or products a separate purchase agreement on the ordered product or products between the orderer and Blackbird Music shall become effective.
(3) It shall be prerequisite to the conclusion of the purchase contract that the orderer has reached the age of 18.
(4) The conclusion of contract shall be subject to correct and punctual supply to Blackbird Music. This reservation shall not apply in the case that Blackbird Music is responsible for a non-delivery. If such delivery problems should occur, Blackbird Music will immediately inform the orderer about the non-availability of the ordered product or products. If and insofar as payment has already been effected it shall be reimbursed immediately.
Prices, Due Date
(1) The prices of the products shown on the internet site www.blackbird-shop.de are lump sum prices. The legal taxes incurred – particularly value added tax – are included. The mailing expenses to be borne by the orderer (sec 4 subs 1) are not included.
(2) The purchase price shall be due immediately after conclusion of the contract. Payment shall be effected by advance bank transfer to the specified bank account or via PayPal. Any chargeback fees incurring shall be borne by the orderer.
(3) Blackbird Music reserves the right to suspend the shipment of the ordered product or ordered products until the purchase price owed has been credited to the bank account specified for payment by Blackbird Music.
Processing of Payment by Third Parties;
Assignment to a Collection Agency
(1) Blackbird Music shall be at liberty to use the service of trustworthy third parties to process the payment. Particularly in the case of delayed payment by the orderer, Blackbird Music shall have the right to assign their claim of payment to a collection agency or other third parties. Blackbird Music shall be entitled to transfer the personal data required for the processing of payment to third parties. In case Blackbird Music gets third parties involved in the processing of payment, the payment shall only be deemed to be effected with regard to Blackbird Music after the amount has been handed over to the third party so that the third party can dispose of it without restrictions.
(2) If the method of payment chosen by the orderer should not be successful despite Blackbird Music’s performance according to contract - particularly because debiting to the account of the orderer is not possible due to shortage of cover or false data - Blackbird Music will assign the processing of payment to third parties. Blackbird Music shall be reimbursed by the orderer for the additional costs arising from this.
Delivery and Shipment of Ordered Products
(1) Blackbird Music chooses a shipping service. The orderer’s portion of handling, packaging and shipping expenses depends on the value of ordered goods and the place of delivery. Shipping prices can be viewed at www.blackbird-shop.de.
(2) In general, shipment of the ordered product or the ordered products is carried out within 3 business days after receipt of the order or after the purchase price owed has been credited to the bank account specified for payment by Blackbird Music. Should this exceptionally be not the case, Blackbird Music shall inform the orderer immediately in text form (sec 126 b German Civil Code, e.g. letter, fax, email). The orderer shall then be entitled to a right of withdrawal which he - in turn - has to exercise in text form immediately.
(3) Claims for damages by the orderer for delayed performance (sec 280 subs 2, sec 286 German Civil Code) are categorically excluded, unless Blackbird Music is responsible for the delay due to intent or gross negligence.
(4) Blackbird Music shall be entitled to partial deliveries, if and insofar as the orderer has consented to them after prior notice by Blackbird Music. In case of a partial delivery Blackbird Music shall bear all additional handling, packaging and shipping expenses, so that there will not be any additional costs incurring for the orderer.
Reservation of Proprietary Rights
Blackbird Music shall retain ownership of the delivered goods until complete payment of the purchase price.
(1) Only the details stated in the order acknowledgement shall be decisive with regard to type and scope of the delivery, unless these details deviate not only to a negligible extent from the product specifications stated on the internet site www.blackbird-shop.de. Blackbird Music shall not assume any guarantee for the conformance with specifications, drawings, images, descriptions of appearance and workmanship, weight, dimensions and performance which have been made available on the internet site www.blackbird-shop.de or are included in prospectuses, catalogues, circular letters, advertisements or pricelists attributable to Blackbird Music. Those are of a purely informative character.
(2) Deficiencies due to natural wear and tear, improper use, a lack of maintenance or improper care are excluded from warranty cover.
(3) If and insofar as there is a warranty defect, the orderer shall be entitled to the statutory claims for defect.
(4) In the case of a legitimate return shipment in the exercise of a defect claim and on presentation of a shipping document or other receipt, Blackbird Music will reimburse the orderer’s shipping expenses. The orderer undertakes to choose a suitable way of shipment to avoid unnecessary costs. The shipping expenses are at first to be disbursed by the orderer and shall afterwards be reimbursed by Blackbird Music on presentation of the original mailing receipt.
Limitation of Liability
(1) Blackbird Music shall only be liable to damage other than damage caused by harm to life, body or health if and insofar as such damage is caused by Blackbird Music or their agents by intent or gross negligence or by culpable violation of an essential contractual obligation. Any further liability for damages shall be excluded. The regulations of the Product Liability Act shall remain unaffected.
(2) At the current state of technology data communication via internet cannot be guaranteed to work faultlessly and/or to be available at any time. Therefore, Blackbird Music shall not assume any liability for the continuous and uninterrupted availability of the internet site www.blackbird-shop.de.
(3) Blackbird Music shall not assume any liability for results of force majeure including orders of authorities that affect Blackbird Music or their suppliers.
(4) Any liability for contents of other internet sites connected by links shall be excluded. Blackbird Music expressly dissociates themselves from all contents of external internet sites and does explicitly not adopt such content as their own.
Instructions on the Right of Withdrawal
Right of Withdrawal
You have the right to revoke your contractual statement within one month in text form (e.g. letter, fax, email) without stating reasons or – in case you received the article before expiry of the deadline - by returning the article. The term of notice shall begin after receipt of these instructions in text form. The deadline for revocation shall be deemed met if the revocation or the article is sent off in good time.
Please send the revocation to:
Fax: +49 30 89 74 91 51
Consequences of Revocation
In case of an effective revocation the goods and services received on both sides are to be returned and – as the case may be - any benefits gained from the use of such goods and services (e.g. interest) are to be refunded. If you are not able to return the goods and services received in whole or in part or only in a deteriorated condition, you shall have to compensate us to this extent for the value. In the case of items provided for use, this shall not apply if the deterioration in the item is exclusively due to its inspection – as it could be carried out when buying in a shop. Furthermore, you can avoid your obligation to compensate for loss in value caused by the utilization of the goods as intended by not putting the item into use as your property and avoiding anything that might impair its value. Items that can be sent by parcel post are to be returned at our expense and risk. Items that cannot be sent by parcel post shall be collected by us. Obligations to the refund of payments must be met within 30 days. This period shall commence for you upon sending off your revocation or the item, and for us upon receipt thereof.
(1) Blackbird Music shall be entitled to electronically store and process all data on the orderer connected with this business relationship for the purpose of contract management in compliance with the regulations of the Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz).
(2) For security reasons the orderer’s data shall not be available via internet. Every orderer shall be entitled to free-of-charge information, correction, barring or deletion of the stored data, insofar as such data are no longer required for contract management. Please send your request by email to email@example.com or by mail to Blackbird Music, Salzufer 15-16, 10587 Berlin, Germany.
(3) Blackbird Music shall not pass on any of the orderer’s personal data to third parties without the orderer’s explicit consent – which shall be revocable at any time – with the exception of service partners called in by Blackbird Music for contract management (e.g. third parties to process the payment, in particular collection agencies, shipping providers).
Place of Jurisdiction, Applicable Law
(1) If the orderer is a businessman, the exclusive place of jurisdiction for all disputes arising from this contract shall be Berlin, Germany. Blackbird Music shall remain entitled to file suit or institute other legal proceedings at the orderer’s place of jurisdiction.
(2) German law shall be applicable, excluding the UN Convention on Contract for the International Sale of Goods, even if an order is placed from abroad.
(3) The place of performance for all deliveries shall be the headquarters of Blackbird Music.
Should individual provisions of the General Terms and Conditions or parts thereof prove legally invalid, the validity of the remaining provisions shall not be affected. Any invalid provision shall be replaced by the legal regulation.
Changes to the General Terms and Conditions
Blackbird Music reserves the right to change or renew these General Terms and Conditions with effect for the future, without any obligation to notify the orderers thereof. The respective current version of the General Terms and Conditions will be made available at the internet site www.blackbird-shop.de as from the date of their validity.