Cold Insanity Music



Terms of Service of Cold Insanity Music

§1 Validity for trader and terminology
(1) The following Terms of Service are valid for all shipments between us and a costumer, to his, to the time of the order, valid form.

(2) “Costumer” in the sense of these ToS is every natural person, who finishes a transaction for a purpose, that can not be attributed to their commercial, nor their freelancing work.

$2 Conclusion of contract, retention of the contract
(1) The following terms about the conclusion of contract are valid for orders via our web store

(2) In case of conclusion of contract, the contract concludes with

Cold Insanity Music
Marcus Bretschneider
Peter-Henlein-Str. 6
D-90443 Nürnberg

(3) The presentation of the products in our web store does not represent an effectual offer of contract from our side, but it is only a not binding invitation to the costumer to order products. With ordering the wanted products, the costumer gives out an offer, which is valid for him, to conclude a contract.

The acceptance of the offer happens in written or text form or with shipping of the ordered products within a week. After effectless cycle of this period, the offer applies invalid.

(4) On receipt of the order, the following terms are valid: The costumer sends out a binding offer of contract by running through the order procedure successfully.

The order is made with the following steps:

1) Choosing the wanted products
2) Confirming through the button “add to cart”
3) Verifying the data in the shopping cart
4) Hitting the Button “Checkout”
5) A second verifying of the order or correction of the personal shipping data
6) Binding sending of the order

The costumer is able to correct the personal data by clicking the “Back”-Button of his browser, after verifying his data or cancel the contract by closing the browser. We confirm the receipt of the order with an automatically generated E-Mail (Receipt confirmation). This E-Mail does not count as an approval of the offer. The approval of the offer occurs wirtten, or with sending out the ordered products within a week.

(5) Retention of the contract text of an order via our web store: We will send you the data of your order and our ToS via E-Mail. The ToS can also be seen on . Due to security reasons, the data of your order is not available on the internet.

§3 Prices, Shipping Costs, Payment, Payment date
(1) The stated prices contain the legal purchase taxes and any other price component. The only additional costs are shipping costs.

(2) The costumer has the chance to pay via PayPal.

§4 Shipment
(1) If not mentioned else in the product description, all our products are ready for shipping.

$5 Reservation of Property Rights
(1) We keep the property rights until the full price was paid.


§6 Power of Revocation

As a costumer you are thus entitled to rescind the contract within 14 days in text form (e. g. letter, E-Mail) or - if you receive the product before the due-date - by sending back the items. The due-date begins after the receipt of this instruction in text form, but not before the ordered items are delivered to the repeicent (on part-delivery of the same items not before the first part-delivery happened) and also not before the completion of our information duties referred to Artikel 246 § 2 in connection with §1 Abs. 1 and 2 EGBGB as well as our duty referred to § 312g Abs. 1 Satz 1 BGB in connection with Artikel 246 § 3 EGBGB. To ensure the deadline, the sending of the revocation in due time is enough.

The revocation is to address to:

Cold Insanity Music
Marcus Bretschneider
Peter-Henlein-Str. 6
D-90443 Nürnberg

Cancellation Consequences

In case of a valid revocation, both parties are due to give back efforts and probably made use (e. g. interest rate). If you only can not give back the received efforts and use (e. g. advantages of use) or only in a lowered condition, you only have to supply compensation for lost value, if the loss is referred to the use or the worsening is lead back to a use of the item, which lies above testing of the properties and functionality. With “testing the properties and functionality” a test of the product, as it is possible and usual in a store, is meant.
Items ready for shipping are to send back on our risk. You have to carry the regular costs for the reshipment, if the shipped product conforms with the product ordered and when it doesn’t overrun a value of 40 Euros or, when you didn’t pay the due amount on the date of the revocation. In other cases the reshipment is free for you. Not parcel delivery-ready items will be collected at your house. Duties to refund payments have to happen within 30 days. The deadline begins with sending out the revocation or the item for you and with the receipt of the items for us.


§7 Contractual arrangement related to the shipping costs on revocation

If you make use of the power of revocation, the following conditions are valid referred to § 357 Abs. 2 BGB, with which you have to carry the regualar costs of the reshipment, if the shipped item conforms the ordered items and when the price of the item to ship back does not overrun 40 Euros or when you didn’t pay the due amount on the date of the revocation.
In other cases the reshipment is free for you.

Sollten Sie von Ihrem Widerrufsrecht Gebrauch machen, so gilt im Einklang mit § 357 Abs. 2 BGB, folgende Vereinbarung,nach der Sie die regelmäßigen Kosten der Rücksendung zu tragen haben, wenn die gelieferte Ware der bestellten entspricht undwenn der Preis der zurückzusendenden Sache einen Betrag von 40 Euro nicht übersteigt oder wenn Sie bei einem höheren Preis der Sache zum Zeitpunkt des Widerrufs noch nicht die Gegenleistung oder eine vertraglich vereinbarte Teilzahlung erbracht haben.
Anderenfalls ist die Rücksendung für Sie kostenfrei.

§8 Contract Language
As contract language, only english and german are accepted.

May 2014

Update: 14/05/2014, 13:39

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