General Terms and Conditions (AGB)
of the company Spheric Music - Lambert Ringlage - Messings Garten 7 - 45147 Essen - Germany

1. general
These General Terms and Conditions apply to all our contracts, deliveries and other services in the currently valid version. These terms and conditions shall be deemed to have been accepted when the order is placed and/or the goods or services are accepted. We do not recognise any deviating terms and conditions of the customer unless we have expressly agreed to them in writing. Orders can be placed in writing by letter, telephone, e-mail and via the online shop on the Internet.

2 Conclusion of contract
As soon as Spheric Music has received the customer's order, the customer shall first receive a confirmation of receipt of his order, usually by e-mail (your order with Spheric Music). This does not yet constitute acceptance of the order. After receipt of the order, Spheric Music will check it at short notice and inform the customer as soon as possible whether it accepts the order.
The ordering process in the Spheric Music online shop works as follows:
The customer can select products from the Spheric Music range and collect them in a so-called shopping basket using the "Add to basket" button. By clicking the "Buy" button, the customer submits a binding request to purchase the goods in the shopping basket.
Before submitting the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer confirms that they have read the GTCs and thus accepts these contractual conditions. The order process can be cancelled at any time by closing the browser window.
Spheric Music shall then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the customer's order has been received by Spheric Music and does not constitute acceptance of the application. The contract shall not be concluded until Spheric Music has issued a declaration of acceptance, which shall be sent in a separate e-mail.

3. subject matter of the contract, quality, availability of goods
a.)
The subject matter of the contract shall be the goods and services specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes are reserved, in particular with regard to the availability of goods.

b.)
The quality of the goods ordered is determined by the product descriptions in the online shop. Images on the website may not accurately reflect the products; colours in particular may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by Spheric Music.

c.)
If no copies of the product selected by the customer are available at the time of the customer's order, Spheric Music shall inform the customer of this in the order confirmation. If the product is permanently unavailable, Spheric Music shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.

d.)
If the product designated by the customer in the order is only temporarily unavailable, Spheric Music shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer shall have the right to withdraw from the contract. In this case, Spheric Music shall also be entitled to withdraw from the contract. In this case, it shall immediately reimburse any payments already made by the customer.

4 Prices, delivery service, right of cancellation, payment
a.)
All prices are quoted in euros and are inclusive of VAT and exclusive of delivery costs. Any bank charges shall be borne by the customer.

Shipping costs:

Shipping
Normal shipping (without tracking)
Deutsche Post / DHL / Hermes / GLS
CDs/DVDs
Germany only:

1 - 2 CDs = 2,50 €
3 - 6 CDs = 3,50 €
from 7 CDs = 5,- €

Europe & World:

1 - 2 CDs = 6,- €
3 - 4 CDs = 7,- €
5 CDs and above = 10,- €

Books:

Germany 5,- €
Europe & World 10,- €

CD/DVD/book shipment with tracking:

3,50 € extra fee

Self collection
Collection from stock, payment in cash on collection or advance transfer to our account.
    - Germany
Free shipping
 Bank details / account holder: Lambert Ringlage - IBAN DE59 3601 0043 0397 244435 - BIC PBNKDEFF
Delivery is ex warehouse to the delivery address specified by the customer, unless otherwise agreed. The risk shall pass to the customer as soon as the delivery has left our premises.
Spheric Music accepts no liability for lost consignments.

b.)
In your own interest, we ask you to check the consignment carefully for transport damage upon acceptance. If damage is found, the recipient is obliged to report the damage immediately.

c.)
Payment must be made in advance (by bank transfer, by Paypal or in cash in an envelope (at your own risk),

5. deadlines for deliveries, offsetting, retention, retention of title
a.)
Partial deliveries are at our discretion, depending on the delivery situation, unless expressly stated otherwise by the customer when placing the order. Subject to self-supply, we will always ensure fast delivery (approx. 1-40 days depending on the country of delivery). Delivery times are always non-binding unless they have been expressly labelled as binding in writing.

b.)
Should we subsequently realise after accepting an order that we have made an error in the price, delivery time or product details, we will inform the customer immediately. The customer can then confirm the order again under the changed conditions, otherwise we are entitled to withdraw from the contract.

c.)
The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by us. The customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

d.)
Delivered goods shall remain our property until all claims against the customer have been settled in full.

6 Warranty and liability
a.)
Statutory warranty rights apply to all goods from our shop.
If there is a defect in the purchased item for which we are responsible, we are entitled to choose whether to rectify the defect or supply a replacement. If we are unable or unwilling to rectify the defect or supply a replacement, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the rectification of the defect fails in any other way, the customer shall be entitled to withdraw from the contract at his discretion. The warranty period corresponds to the statutory period and is 6 months from receipt of the goods. There is no warranty if damage has been caused by the customer.

b.)
Further claims of the purchaser shall be excluded, irrespective of the legal grounds, unless otherwise stipulated below. In particular, Spheric Music shall not be liable for damage that has not occurred to the purchased item itself. Furthermore, liability for loss of profit or other financial losses of the buyer is excluded. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives or vicarious agents. This limitation of liability shall not apply if the damage was caused by wilful intent or gross negligence. It shall also not apply if the customer asserts claims under §§ 1, 4 of the German Product Liability Act, claims due to the absence of a warranted characteristic or claims for damages due to non-fulfilment pursuant to §§ 463, 480 para. 2 of the German Civil Code, as well as in the event of initial incapacity or impossibility for which we are responsible. Insofar as Spheric Music negligently breaches a material contractual obligation, the obligation to pay compensation for damage to property and personal injury shall be limited to the typically occurring damage.

7. cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of cancellation, you must contact me at

Spheric Music
Lambert Ringlage
Messings Garten 7
45147 Essen
Phone: 0201-733018
E-mail: info@sphericmusic.de

by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to cancel this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Spheric Music immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the cancellation policy

Notes
For your cancellation, you can also print out the statutory sample cancellation form and send it back to us. You will find this as a PDF under customer information and as an attachment to the e-mail (your order with Spheric Music).

Online dispute resolution for consumers in accordance with Art. 14 para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (ODR platform), which you can find at http://ec.europa.eu/consumers/odr/.

Spheric Music is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board. We therefore ask you to contact us by email. We always endeavour to reach an agreement with the customer. You can reach us for disputed questions at: lambert@sphericmusic.de

8 Place of fulfilment, place of jurisdiction, legal system
The place of fulfilment for all deliveries and services is Essen.
The exclusive place of jurisdiction shall be Essen or another statutory place of jurisdiction at the discretion of Spheric Music, insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation. The same shall apply if the customer has no general place of jurisdiction in Germany. The law of the Federal Republic of Germany shall apply.

Essen, 08.01.2025

 

In the event that any provision of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions.

How you can reach us:
Spheric Music
Lambert Ringlage
Messings Garten 7
45147 Essen
Germany
Phone: 0049-201-733018
info@sphericmusic.de