General Terms and Conditions of the A Number Of Small Things
§ 1 Applicability
The present General Terms and Conditions shall apply exclusively to all business relations between A Number Of Small Things (hereinafter referred to as Anost) and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by Anost and the purchaser in writing, in individual cases.
A Number Of Small Things is operated by Morr Music Distribution GmbH. Morr Music Distribution GmbH has been entered into the commercial register at the relevant local court (Amtsgericht Charlottenburg).
§ 2 Contract conclusion
- At Anost orders can be made by telephone, letter, telefax or e-mail. An incoming order to Anost constitutes an offer to conclude a sales contract with Anost.
- The sales contract between Anost and the purchaser shall exclusively be brought about if Anost dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to Anost. A contract will not be concluded for any goods that have been ordered but that are not included in the consignment. The contractual partners are the purchaser and Anost.
- Goods are only sold in the amounts that are usually made available to end-consumers.
§ 3 Delivery, cost of delivery
- Insofar as nothing else is agreed on, the consignment will be sent from the Anost warehouse to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
- Cash on Delivery (C.O.D.) charges must always be paid by the purchaser. At present the charge is 7,30 Euro in addition to the delivery costs.
- Shipping cost depend on destination and weight of shipment. Please find detailed information on shipping costs on the Service & Help page.
§ 4 Payment, maturity and default
If goods are ordered nationally, the purchaser has to pay the price exclusively by C.O.D., credit card, paypal or direct debit.
Anost will charge 7,30 EURO for a C.O.D. (§ 4 section 2).
If the purchaser is ordering from abroad, the payment can only be made by credit card, paypal or advance payment.
- If the purchaser is in default of payment, Anost shall be entitled to charge default interest at a rate of 5,00% per year over the base lending rate specified by the European Central Bank. If Anost suffers a higher loss (e.g. due to return debit notes), Anost can demand for reimbursement of the higher loss instead of default interest.
- The amount invoiced is due for payment on receipt of the invoice which is attached to the delivered goods.
- If goods are ordered nationally, the purchaser has to pay the price exclusively by C.O.D., credit card, paypal or direct debit.
§ 5 Set-off, retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by Anost.
§ 6 Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of Anost.
§ 7 Liability for defects
The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods.
Anost is therefore not liable for any damages except for damages to the actual delivered goods.
- Anost emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. Anost shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
- Anost emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intelectual property rights or ancillary copyright. Anost shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intelectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
- The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 3 here in are also applicable to Anost' employees, representatives and vicarious agents.
- The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
- In those cases where Anost provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to Anost at the expense of Anost within 30 days of receipt of the replacement delivery.
- Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser.
- The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods.
§ 8 Data protection
Personal data that Anost has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. Further details are specified in the data privacy regulations.
§ 9 Applicable law
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.