Art. 1 Applicability and Contract Language

(1) The present General Terms and Conditions shall apply to all business relations between Furore Verlag, Naumburger Str. 40, D-34127 Kassel, Tel. 0561/50049311, Fax 0561/50049320, E-Mail: info@furore-verlag.de, Internet: www.furore-verlag.de (FUE) and its customers concerning physical products (e.g. sheet music, books, CDs; hereinafter referred to as “Products”) and digital content (e.g. e-books; hereinafter referred to as “Downloads”), as defined at the time of conclusion of the contract and as far as they refer to business transactions carried out by electronic means.

(2) The General Terms and Conditions are valid as defined at the time of conclusion of the contract.

(3) The customer can choose between two language versions of the online shop: German and English.

Art. 2 Formation of Contract

(1) The presentation of the Products in the online shop is no legally binding offer within the meaning of Art. 145 German Civil Code, but just serves to inform the customers. By clicking the button “Add to basket”, the requested item is put into the shopping cart without obligation. The order process starts with the next step “Set more information” in which all data necessary for order processing have to be entered.

After confirming to have taken note of the General Terms and Conditions, his/her right of revocation and Privacy Policy, the customer can complete the order process by clicking the button “Buy now”. By clicking the button “Order now”, the customer places a binding order for the items contained in the shopping cart. Immediately after completing the order process, the customer receives an order confirmation by e-mail. Such an order confirmation does not constitute acceptance of a contract.

The contract is concluded when the customer receives a delivery confirmation or when the Products are actually dispatched.

(2) If “advance payment” is selected as method of payment, the contract is concluded upon transmission of the request for payment to the customer.

Art. 3 Right of Revocation

You are entitled to withdraw from this contract, without giving any reasons, within two weeks after you or any third party named by you, who is not the carrier, received the last of the items ordered. To exercise your right of revocation, you have to inform us (Furore Verlag, Naumburger Str. 40, D-34127 Kassel, Tel. 0561/50049311, Fax 0561/50049320, E-Mail: info@furore-verlag.de, Internet: www.furore-verlag.de) by means of a clear statement (e.g. by letter sent by post, telefax or e-mail) about your decision to revoke this contract. You can do this by using the enclosed sample revocation form; the use of this form, however, is not mandatory. In order to observe the revocation period, it suffices to send us the notification about the exertion of your right of revocation before the revocation period expires.

Consequences of Revocation
When you revoke this contract, we have to refund all payments received from you, including shipping charges (except for any additional costs resulting from your choosing a different delivery type than the low-priced standard delivery offered by us), immediately or within two weeks at the latest from the date on which we receive the notification of your revocation of this contract. For such refunds we will use the same method of payment used by you for the original transaction, unless otherwise expressly agreed, and you will not be charged any fees for such refund. We can refuse refunding until the goods have been returned to us or until you have furnished proof of having sent back or handed over the goods, depending on which happens earlier.
You have to return the goods to us immediately and, in any case, send them back to or hand them over to us within two weeks from the date on which you notify us about the revocation of this contract at the latest. This period will be observed if you send off the goods before the expiry of the two weeks’ period. The immediate costs for the return of the goods shall be borne by you. You will have to pay for any possible loss of value of the goods only if such a loss of value is due to the handling of the goods which has not necessary for the examination of the goods’ quality, features and functionality.

The right of revocation does not apply to or expires for the following contracts:
– concerning the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after the delivery;
– concerning services if they were fully rendered by us and if you acknowledged and expressly agreed that we could begin to render the services and you would lose your right of revocation in the case of proper fulfilment of the contract;
– concerning the delivery of newspapers, journals or illustrated magazines, with the exception of subscription agreements.
End of Revocation

Sample Revocation Form
If you wish to withdraw from the contract, please complete this form and send it back to us.
Send to: Furore Verlag, Naumburger Str. 40, D-34127 Kassel, Tel. 0561/50049311, Fax 0561/50049320, E-Mail: info@furore-verlag.de, Internet: www.furore-verlag.de

I/We hereby withdraw from the contract concluded by me/us concerning the purchase of the following items / the rendering of the following services: ……………………….
(designation of the items or services, if necessary order number and price)
Ordered on: ………………………. (date)
Received on: ……………………… (date)
Name and address of the consumer/s: ……………………….
Date: ……………………….

……………………….
Signature of the consumer/s
(only needed if sent on paper)

Art. 4 Delivery of Ordered Goods

(1) FUE shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible.

(2) The costs for the individual deliveries shall be charged to the customer by FUE in the respective amount shown.

Art. 5 Reservation of Ownership

Until full payment is received from the customer, the delivered goods shall remain the property of FUE.

Art. 6 Maturity and Payment of Purchase Price

(1) The purchase price shall be due upon conclusion of the contract.

(2) Payment shall be made by credit card according to customer’s choice.

(3) If the customer is in default of payment, FUE shall be entitled to charge default interest at a rate of 5% per year over the base lending rate in accordance with Art. 288 paragr. 1 German Civil Code.

(4) The customer shall only be entitled to set-off if his/her counterclaims have not been contested or have been recognized by declaratory judgment.

Art. 7 Warranty of Quality

(1) FUE shall be liable for any defects existing upon delivery of the goods for the statutory warranty period.

(2) Remainder items as well as facsimiles and originals are subject to a warranty period of twelve months.

(3) The customer is faced with the choice between FUE’s subsequent performance in the form of repair or replacement. FUE is entitled, however, to refuse the type of subsequent performance chosen by the customer if disproportionately high costs are associated with such type of performance and if no substantial disadvantage ensues to the customer from the other type of subsequent performance. During the period of subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded. A subsequent performance shall be deemed a failure after the second unsuccessful attempt, unless something else follows from the nature of the matter or defect or from other circumstances. If the subsequent performance has failed or if FUE has refused the subsequent performance altogether, the customer can demand either the reduction of the purchase price (decrease in value) or the withdrawal from the contract.

(4) The customer cannot claim damages for the defect on the following conditions until the subsequent performance was a failure or FUE refused any subsequent performance. The right of the customer to claim any further damages on the following conditions shall remain unaffected.

(5) Notwithstanding the aforementioned provisions and the following restrictions on liability, FUE shall have unlimited liability for damages or injuries to life, body and health caused by negligence of or caused intentionally by FUE’s legal representatives, vicarious agents or assistants, as well as for damages covered by the liability under the German Product Liability Act, as well as for any damages resulting from a breach of contract caused wilfully or by gross negligence or fraudulent intent by the legal representatives, vicarious agents or assistants of FUE. If FUE has given a guarantee on the quality and/or durability of the goods or parts of them, FUE shall also be liable within the scope of this warranty. However, FUE shall only be liable for damages arising from the lack of the guaranteed quality or durability, but being not directly related to the goods, if the risk of such damages is apparently covered by the guarantee on the goods’ quality and durability.

(6) FUE shall also be liable for damages caused by slight negligence, provided that such negligence concerns the infringement of contractual obligations the fulfilment of which is of particular importance for the attainment of the contract’s purpose (cardinal obligations). FUE shall only be liable, however, if the damages are typically related to the contract or foreseeable. In the event of infringements of non-substantial secondary obligations caused by slight negligence, FUE shall not be liable. The restrictions on liability mentioned in sentences 1-3 shall also apply as far as the liability for the legal representatives, executive staff and other vicarious agents and assistants are concerned.

(7) Any further liability shall be excluded, notwithstanding the legal nature of the asserted claim. In so far as the liability of FUE is excluded or limited, this shall also apply to the personal liability of the staff, representatives, vicarious agents and assistants of FUE.

Art. 8 Privacy Policy

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website: The party responsible for processing data on this website is: Renate Matthei, Furore Verlag Renate Matthei e. Kfr., Naumburger Str. 40, 34127 Kassel, Germany, Telephone: 0561 50049311, Email: info@furore-verlag.de

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Encrypted payments on this website

If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment. Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon in your browser line is visible.
In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

Opposition to promotional emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received. More information see: Privacy Policy

Art. 9 Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution which can be accessed at https://ec.europa.eu/consumers/odr/ [external link]. FUE is neither obliged nor willing to take part in dispute resolution proceedings before a consumer conciliation body.

As at: 25.05.2018