General Terms and Conditions of the web portal kompakt.fm, and in particular of the online shop operated by Mayer, Paape, Voigt GbR, Werderstrasse 15 – 19, 50676 Cologne, Germany.
- The General Terms and Conditions (hereinafter called “GTCs”) shall apply to all business relationships between Kompakt and the customer as defined at the time of conclusion of the contract.
- Our GTCs shall apply exclusively. Conflicting conditions or conditions differing from the ones indicated in our GTCs cannot be accepted, unless explicitly approved of by Kompakt in writing in individual cases.
- The term “customers” as used in our GTCs shall mean both, consumers and enterprises. The term “consumer” as defined in our GTCs is a natural person with whom we enter into business relation and who is thereby not deemed to be acting in a commercial or professional capacity.
- The term “enterprise” as used in our GTCs is defined as natural person or legal entity or partnerships possessing legal personality with whom we enter into business relations with and who are thereby acting in a commercial or professional capacity. Moreover, enterprises are at liberty to order via our distribution service and special terms and conditions shall apply. Unless otherwise stipulated, these GTCs shall apply. For more information on special terms and conditions, please send an e-mail to email@example.com.
Mayer, Paape, Voigt Gbr
+49 221 94995 120
Value added tax identification number: DE 174698912
Partners authorised to represent the company: Michael Mayer, Jürgen Paape, Wolfgang Voigt
Scope of Supply and Services
On the web portal kompakt.fm Kompakt offers vinyl records, CDs, accessories, event tickets, clothing and merchandise (hereinafter called “goods”). The goods offered only show a part of our complete range of products. Upon request, we will provide you with additional information about our entire product portfolio and the latest arrivals. If you would like to subscribe to our e-mail newsletter at kompakt.fm, we will regularly inform you free of charge about the latest news and arrivals. You can unsubscribe from our newsletter at any time without incurring additional costs other than the usual transmission costs at the basic rates using the “Unsubscribe from list” link provided in each newsletter, or via our website in the navigation bar under “Newsletter”. By clicking on the button “Unsubscribe from list”, you will be able to cancel your newsletter subscription. In our online shop, you can also order hard-copy tickets for our events. The tickets are non-personalized, but labelled with a unique serial number, which serves as a copy protection. In general, we do not issue exchanges or refunds after a ticket has been purchased, or for any lost tickets. We will issue refunds only if the event is cancelled. Resale of tickets for commercial purposes is prohibited. It is not allowed to bring any dangerous objects, or objects that might disturb the performance to the event. Audio/audio-visual recording devices, except cell phones, are not permitted. It is unlawful to operate audio-visual recording devices, including cell phones. In addition, the General Terms and Conditions of the local organizer and the domiciliary right of the location shall apply.
Ordering Procedure and Formation of Contract
The presentation of the product range of Kompakt on the Internet does not constitute an offer pursuant to section 145 et seq. of the German Civil Code. Our offers are non-binding and subject to change. The product characteristics are provided in the description of each product.
- The items you have selected are added to the shopping cart “Add to cart”. You can review, update or remove the content of your cart “Shopping cart” at any time. If you decide to place an order, please click on the “Order now” button.
- If you are a new customer, you are prompted to enter your personal information, your billing address and/or delivery address. If you already have an account, please “Log in” by entering your e-mail address and your password; you will then have direct access to your personal information you have provided. You are responsible for the correctness and accuracy of your personal information. If you are less than 18 years of age, your parent or guardian agree to the registration and ordering process and related data.
- You will then get to the order summary. Here, directly above the “Proceed to payment” button, you will find a clearly visible link to our GTCs. You will then have to select one of the payment methods, and enter all of the information required. At the end of the check-out, and in order to complete the transaction, you have to click on one of the specially marked “Pay now by…” buttons associated with the payment obligation. Completing an order through Kompakt’s online store represents a binding offer of purchase to Kompakt by the customer.
- After you have placed your order, you will receive an automatic order confirmation by e-mail. Here, you are given a summary of your order and a link to our GTCs including the written notice of cancellation. If you have selected the payment option “Bank transfer”, the receipt of your order confirmation also shows the total amount due as well as our bank details. However, the confirmation of receipt does not constitute a declaration of acceptance of your order, because all incoming orders have to be checked for item availability first. Please check the confirmation of receipt for typographical or calculation errors, as well as for discrepancies between order, confirmation and delivery information. You are obliged to notify us immediately of such discrepancies. We are entitled to accept your offer within two weeks after receipt of your order. We also have the right to reject acceptance of your order by reason of your creditworthiness or should you fail to fulfill any obligation when due. In case the number of items or tickets you order exceeds a certain limit, we also reserve the right to decline you order to prevent that large quantities of goods are purchased from us for the purpose of resale. We will notify you immediately in case of non-availability of ordered goods and refund any payment already made by you as soon as possible. The contract is concluded as soon as we accept your order by delivering the goods, or by sending the dispatch note within the delivery time as stated.
Prices of goods do not include shipping costs. At the moment, we ship worldwide. By clicking on the “Shipping” button in the main menu of our website, you can see the exact shipping costs; you will also find the exact shipping costs in your “Order summary” before completing your order. In some Non-EU countries, customs, duty or special taxes may be incurred on importation into a country. These charges have to be paid by the customer. We have no control over these charges and cannot provide an estimate of what they may be. But in most cases, none of the above mentioned charges are collected. Packaging shall become the property of the customer upon receipt of goods. Please find our shipping prices and information here
Delivery, Default of Acceptance
Shipping partner is the Deutsche Post AG or DHL. Please check the current terms of delivery at the General Terms and Conditions of the shipping partners at Deutsche Post and DHL. Kompakt will ship the goods you ordered without delay to the address stated in your order, and subject to availability. Conclusion of contract is subject to correct and timely delivery by our own subcontractors, but only in cases in which we are not responsible for the failure to deliver. In case the customer is in default of acceptance, or if delivery is delayed for reasons for which the customer is responsible, or if the customer for any other reason delays in accepting the goods, the customer’s bears the resulting additional costs, in particular the incurred storage costs and the costs involved in returning the goods back to Germany (approx. 20 €). In case the customer is in default of acceptance, or if delivery is delayed for reasons for which the customer is responsible, or if the customer for any other reason delays in accepting the goods, the customer’s bears the resulting additional costs, in particular the additional costs for 2nd time delivery/service attempt; for this second time delivery, the customer will also be charged a non-recurring fee of 20 € as well as any incurred storage costs.
The delivery period starts upon the date of receipt of payment. The customer will receive a payment confirmation and a dispatch note. In the event of Kompakt’s non-compliance with the delivery period, the customer shall extend the delivery by a reasonable period of at least four weeks. After the expiry of this period, the customer is entitled to withdraw from the contract. Please send us an e-mail if you do not receive your shipment within the delivery times stated below. We will then start an investigation to find out what has happened to your shipment.
- Germany: max. 4 working days upon receipt of payment
- Europe: max. 7 working days upon receipt of payment
- World: max. 15 working days upon receipt of payment - except South America especially Mexico: up to 4-6 Weeks.
If the delivery period expires on a Saturday, Sunday or public holiday, the period shall run until the end of the next working day. The customer will be informed about the exact delivery times during the ordering procedure. Partial delivery and partial billing shall be permitted. If the customer is consumer, partial delivery shall be reasonable. If you are not interested in partial delivery, please do not unseal the goods any further until delivery is complete. If you have unsealed the partial delivery, we will charge you with the loss in value in case of withdrawal from the contract at the end of the withdrawal period. We will be in charge of the additional shipping costs involved in partial delivery.
Prices, Terms of Payment, Maturity, Invoice
You can see the price of each item by clicking on the label of the selected item. All prices quoted in our online shop include the VAT of 19% applicable in Germany and packaging. All price components are listed separately; a summary of all the price components is also given directly below the “Order now” button. The prices indicated for tickets include the German VAT of 7 %. All prices for products quoted exclude shipping costs. Goods are invoiced at prices in force at the time of your order. The period of validity of prices of special offers is stated at the corresponding places on our website; their prices are valid while stocks last.
- Purchase price and shipping costs become due at the time of conclusion of the contract. The customer defaults on payment obligations 14 days after conclusion of the contract without any further notice and reminder.
- Payment must be received within 14 days after placing your order. In case the amount due has not been credited to our account or direct debiting fails after 14 days, we are entitled to automatically cancel your order. In case of return or dishonour of a direct debit, you hereby irrevocably authorise your bank to give us your name and current address.
- For each delivery, you will receive by e-mail and together with the goods a detailed invoice stating the value added tax. This invoice is at the same time proof of your purchase and should be retained.
- The customer also is obliged to pay the invoice balance of the goods ordered via his/her access/Internet account by people under the age of 18 or any other users. This also applies for any fraudulent use; the burden of proving such use was fraudulent shall lie with the customer.
Bank transfer (pre-payment)
If you have chosen the payment method “bank transfer”, no additional fees will be charged (within the EU). Upon receipt of your order, we will send you the order confirmation together with our bank details to your nominated e-mail address. Full payment is due within 14 days from the date of invoice to our bank account. If payment is not received within 14 days, your order will automatically be cancelled. Your order incl. invoice will be shipped as soon as the invoice amount has been credited to our account. In order to guarantee a smooth and fast transaction, we will ask you to consider the following points:
- On the remittance slip, please state the complete order number as stated in the order confirmation in the “reference line”.
- Please enter the correct invoice amount. Do not round up / off the amount, as we will not be able to immediately assign the amount to your payment, and a delay in dispatch may arise.
- Please do not pay in partial amounts, as delays in the precise assignment of your remittance may arise, or we will not be able to process your order at all.
- Please fill out one remittance slip for each order only. If you fail to do so, the invoice amount cannot clearly be assigned to and delays in dispatch may arise.
Pursuant to applicable law, charges in respect of cross-border payments in Euro to other EU Member States shall be the same as the charges for corresponding national payments. For non-Euro transactions, any charges and fees have to be paid by the customer.
Electronic direct debiting system
Payment can also be made by selecting the payment method “Electronic direct debit (ELV)” Please fill in your bank details in the relevant fields. By stating your bank details, you accept payment by electronic direct debit. Should your bank reject the direct debit, we will charge you with the fees involved in the return debit note (approx. 10 €). If you chose the direct debit payment method, no additional fees will be charged.
Should you like to pay by credit card, please fill in the necessary information and state the credit card security number given on the recto of your credit card (CVV, CVC, three figures). When payment is made by credit card, your credit card will be charged with the amount due. We accept Mastercard, Visa, American Express, JBC. After careful verification, we reserve the right to reject orders paid by credit card.
For customers using PayPal as payment method, no fees or additional costs will be charged. PayPal offers a fast and safe way to make online payments. PayPal is an Internet bank where you have an Internet account. Choose the payment method in the PayPal window. Precondition for this is that you already have a PayPal account or that you open an account with PayPal. For more information, please check Paypal
- Our PayPal account is firstname.lastname@example.org
Please note that we can only state the estimated shipping time for pre-ordered items. Shipping times are subject to change due to circumstances beyond our control (i.e. pressing faults, printing problems, delays in delivery of sub-contractors, etc). On pre-ordered items, we offer a 10% discount (on most Items) to our customers. Combined shipping of both pre-ordered items AND regular items is possible. However, please note that items (pre-ordered and regular items) will only be shipped as soon as ALL items are available. If the cart contains regular items the customer needs immediately, a separate order has to be placed. Payment of pre-ordered items (and, where applicable, regular items) in the shopping cart is due upon receipt of your order. It is NOT POSSIBLE to CHANGE this type of combined order (on pre-ordered and regular items) in any way once it has been submitted - means that it is also not possible to add items to a pre-order afterwards.
- With the purchase of vinyl and cd products, free downloads are included on selected items.
- You will receive an e-mail with the link to download your product/s immediately if you choose one of the following payment methods: PayPal, credit card, SEPA Direct Debit (only within Germany). For payments via bank transfer, we will send you an e-mail with the link to download your product/s as soon as we have received your payment. With the purchase of ‚Pre-Order’ products, you will receive an e-mail with the link to download your product/s on the release date.
- You can download the product/s for an unlimited period of time, but only as long as the product is displayed on our website; please note that you have 2 attempts to start the download; if the first download fails, you have one attempt left.
Retention of Title
- Delivery is made exclusively on conditional sale. Delivered goods shall remain Kompakt’S property until full payment has been made by the consumer, or full payment of all claims has been made by the enterprise and according to the business relationship between the enterprise and Kompakt. For the duration of the retention of title, the customer may not pledge the retained goods or use them as security. The customer shall notify Kompakt forthwith of any seizure or other act of intervention by third parties.
- In cases of breach of contract on the part of the customer, we shall be entitled to withdraw from the contract and to reclaim the goods.
- As far as the customer is an enterprise, the customer is permitted to resell the conditional commodity in the ordinary course of business to third parties under reservation of ownership and under consideration of the due diligence of a responsible businessman; the customer, however, is obliged to point out that the commodity is located in the property of Kompakt (assigned retention of title). If the goods are resold prior to the receipt of the customer’s complete payment of all outstanding obligations, the customer’s claims resulting from such resale shall take the place of the goods by means of assignment of future claim. Kompakt accepts the assignment. Should – by means of the resale of the conditional goods to a third party – the customer raise accounts receivable through the utilisation of existing open account terms, the respective balance shall be considered ceded and assigned to Kompakt to the amount of the customer’s outstanding balance (extended retention of title under advance assignment). The customer is authorized, until revocation of such authorization, to collect upon claims arising from the resale that have been assigned. This authorization to make collection may be revoked by Kompakt if the customer fails to fulfil payment obligations or if our claims appear to be at risk. Kompakt is entitled to revoke the direct debit authorization without prior notice if the customer suspends payments or if application for the opening of insolvency proceedings has been made by the customer or by a third party. After revocation or expiry of the direct debit authorization, Kompakt is entitled and the customer in return obliged to inform the third party purchaser of the assignment of claims. The customer shall then stop the collection of any claims. Any incoming payments shall be forwarded immediately to Kompakt. Upon request, the customer shall inform Kompakt at any time and in writing of name and address of any third parties the goods were delivered to and provide Kompakt with information and documents necessary for the collection of the claims.
- Processing and manufacturing of the goods by the customer shall always be in the name and on behalf of Kompakt. In the event of manufacturing or processing, Kompakt shall be entitled to the thereby originated co-ownership share of the new product in relation to the value of the delivered goods at the value of the processed product. The same shall apply if the goods are combined inseparably with other objects not belonging to us.
According to the Distance Selling Act(pursuant to Appendix 1 as referred to in Article 246a section 1 (2) sentence 2 of the Introductory Act to the German Civil Code (EGBGB), the customer (consumer) who acts for private purposes has the right to withdraw from the contract with Kompakt.
Instructions for Consumers / Right of Withdrawal
The consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or in the case of a contract where multiple items have been ordered within one order, and the items will be shipped separately, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the last item of the entire order; or in the case of a contract where delivery of the goods takes place in staggered consignments or parts, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last consignment or item.
The right of withdrawal is excluded for delivery of tickets (in general) and for unsealed audio or video recordings. A product is considered to be unsealed if the protective film of the media was removed. To exercise your right of withdrawal, you have to inform us of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, by fax or e-mail). The withdrawal statement shall be sent to:
Mayer, Paape, Voigt Gbr
+49 221 94995 120
If you make use of this option, we will confirm receipt of such a withdrawal immediately (e.g. by e-mail). In order to ensure the withdrawal period, it is sufficient if you send the notification about exercising the right of withdrawal before the end of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all the payments which we have received from you, including the costs of delivery (with the exception of the additional costs arising from a different type of delivery other than the cheapest standard delivery offered by us), without delay and no later than within 14 days from the day on which the notification has been received by us regarding your withdrawal from this agreement. All refunds are made using the same means of payment that were used in the original transaction, unless otherwise explicitly agreed with you; in any event, you will not be charged any surcharges due to this reimbursement. We may withhold reimbursement until the goods have been received back, or until you have supplied evidence that the goods have been returned, whichever is the earlier point of time. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us:
Mayer, Paape, Voigt Gbr
+49 221 94995 120
The deadline is met if you send back the goods before the period of withdrawal of 14 days has expired. You will bear the direct costs of returning the goods. You are only liable for a possible depreciation in value of the goods, if this depreciation in value can be traced back to you, with regard to the handling of the goods other than what is necessary, to ascertain the nature, properties and functioning of the goods.
Passing of Risk
The risk of any accidental loss or deterioration of the goods shall pass on to the customer upon transfer of the goods to a forwarding agent (carrier, shipping company) or any other person or institution charged with the shipping of the goods. In case of customers who are consumers, the risk in the goods shall pass on to the customer upon delivery. In case the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the goods shall pass on to the customer at the time the default of accepting delivery occurs.
Liability for defects exists if the goods delivered are defect. As far as the customer is consumer, he has the right to choose between rectification of the defects or replacement delivery. If the rectification of defects and replacement delivery fail, the customer has to right to choose between abatement of the purchase price, or cancellation of the contract. If the customer is an enterprise, we reserve the right to choose between rectification of defects or replacement delivery. If the customer identifies damages to the packaging upon delivery, the customer shall have the damages confirmed in writing by the carrier. As far as the customer is an enterprise, the customer is obliged to report in writing any defects immediately, or in any case within 5 days at the latest, after inspection or upon receipt of goods at the place of destination. The defective item has to be returned to Kompakt carefully, and preferably in the original packaging for inspection. For private customers, the liability for defects of quality and title is limited to 24 months after receipt of goods; for enterprises, the liability for defects is limited to 12 months after receipt of goods. Access to goods offered by Kompakt shall temporarily be paused for maintenance works. For claims for indemnity due to defects, the chapter on liability shall apply.
Instructions for Use
The customer commits himself to observe the manual and instructions of use that may be included in the goods, in order to guarantee the correct and safe use of the goods. Any claims arising as a result of improper use or use for a purpose for which the goods are not intended to are excluded from warranty.
Our limitation to liability only applies if the cause of damage was an act of gross negligence or willful intent by Kompakt – regardless of reason. Liability claims arising from the laws concerning product liability (Product Liability Act) and from damages resulting from an injury of life, body or health remain untouched. The limitation of liability also does not apply to any other damages that are an act of willful intent or gross negligence, or Kompakt neglected essential business duties it has to take responsibility for; liability is then limited to predictable, contractual characteristics. The liability also applies to our legal representatives and vicarious agents. In case of slight negligent violation, liability claims will come under the statute of limitations after 12 months, except liability claims from damages resulting from an injury of life, body or health. On the Internet pages of the Kompakt web shop, you may find links leading to third parties’ websites. Kompakt has no influence on content or design of linked websites. Responsibility for content of linked sites lies solely on their administrator or provider. Kompakt does not assume any liability for external links, in particular for the up-to-dateness, correctness, completeness or quality of any information given on these websites. Before inserting the hyperlinks, Kompakt carefully checked contents and possible legal violations of these website. No unlawful content was in evidence at the time the hyperlink to that page was inserted. We will immediately remove these links as soon as we are aware of possible violations. However, ongoing monitoring of the content of the pages linked to is not reasonable. The content of our websites has been produced with the utmost care. However, Kompakt does not assume any further liability for the correctness and completeness of any information given on its internet sites. Neglect of Customer’s Duty and Release of Third Party Claims
- If the customer is in breach of his duly disclosure of his personal data, in particular bank details and/or credit card information and/or if the customer uses the data other than the stipulated use and/or if he violates third party rights, Kompakt is entitled to block the customer for both, the ongoing and any further orders. Kompakt will immediately inform the customer about the reason of the blocking. Blocking is also possible in case of a probable cause of a breach of duty and/or a violation of third party rights.
- In case well-founded third party claims may arise from the breaches of duty stated above and/or violations of third-party claims, Kompakt shall be exempt from these claims at first request, including adequate legal costs and costs incurred in asserting legal rights.
Any data given by the customer will be treated in accordance with the applicable law and regulations. In the realm of the business relationship, the customer accepts that personal data is electronically processed and stored. Any data will not be passed on to third parties without your prior authorisation. For creditworthiness and rating check, Kompakt is entitled to data interchange with other credit service companies. The customer expressly authorises Kompakt to process customer data on to the companies entitled to deliver and settle the account for settlement of the contract. The customer accepts that the data processed by Kompakt (for example order confirmation) shall also be submitted by e-mail. The customer is entitled to get any information on the data stored at Kompakt at any time and if requested to have the data cleared. The customer can contact Kompakt on email@example.com
Miscellaneous and Final Provisions
- The customer is obliged to notify Kompakt immediately about a change of address. If the customer fails to notify Kompakt about a change of address, the last notified address is considered the valid address.
- The customer may only set off with indisputable claims or claims confirmed in writing by Kompakt. The right of retention can be exercised only if the counterclaim is based on the same contractual relationship.
- Insofar as a jurisdiction agreement is legally allowed (shall only apply towards enterprises), place of jurisdiction shall be the place where Kompakt’s registered office is located at that time. Place of performance shall also be Kompakt’s current place where our registered office is located. This does not apply towards consumers where place of jurisdiction and place of performance shall be the consumer’s place of residence.
- The laws of the Federal Republic of Germany shall be applied without collision or reference norms applicable in Private International Law and under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, the latter shall be applied as far as the customer is an enterprise. The Rules on the Choice of Law do not apply if the consumer protection legislation in the home country of the customer who is consumer, are more favourable.
- Any amendments, changes and supplements to this agreement must be made in writing. The same is applicable to the in writing requirement issue itself.
- If an individual provision of these GTCs is or becomes completely or partially invalid, the legal validity of the other terms remain unchanged. Any invalid part is to be replaced by a term or condition that serves the commercial purpose of the original most closely. The same shall apply to any lacunae.
Kompakt, March 2018