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General Terms and Conditions :
Please note that these terms and conditions are only decisive in German. By German law we only need to show them in our language. As an extra service, you can find the English version below.We simply translated them with a translation programm which might cause confusion and not always make sense. In general you can find all important info in our help pages.
General Information (back to top)
The deliveries, services and offers of the seller are based exclusively on these terms and conditions from TOTAL RECALL. These conditions are accepted after submittal of an order or at the latest with receipt of delivery of the ordered goods or services. Opposing business and/or purchasing conditions of the buyer will only be accepted if they were agreed upon formally and in writing. Special agreements and additions of the contract are legally ineffective, as far as they were not confirmed in writing by the management TOTAL RECALL. In case of use of the delivered goods patent rights of third parties are to be considered.
Offers / Availability (back to top)
All offers are not-binding and noncommittal. Illustrations are noncommittal. Misprints are subject to occur. Improvements or changes of services are permissible, as far as they are reasonable for the buyer under consideration of the interests of TOTAL RECALL. The majority of the offered used items are single copies and cannot be reordered. No obligatory reservations or delivery commitments are made and/or met. Information (e.g. by email or telephone) of availability represent no delivery commitment and justify no requirement of the buyer for delivery. TOTAL RECALL is at any time justified to partial deliveries and services. Further requirements of the buyer due to delay are excluded.
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and fees are to be taken from the newest catalog or the Internet.
All prices are in Euro. Quotations in other currencies are only for
orientation of the buyer and are not not binding. When ordering from
third parties over the internet the prices in the appropriate currency,
specified there apply. Incorrect quotations (computer errors or misprints)
are subject to occur. As a secondhand dealer TOTAL RECALL is subject
to the difference taxation, why a classification of the value added
tax is not possible for used goods. The catalogue prices are valid
for 6 weeks starting from publication date, afterwards adjustments
on prices may be assumed.
Resignation / Conversion (back to top)
A whole or partial resignation is possible, as long as the order was not yet processed. TOTAL RECALL does not take responsibility for resignation requests which were not received in time. With belated resignation the buyer is obligated to accept the goods. A subsequent resignation or conversion is up to amiability of TOTAL RECALL. Conversions or returns may only be sent after authorization has been given by TOTAL RECALL and will not be accepted if sent without sufficient postage. Subsequent resignation/conversion decreases the avlue of order purchase, which can involve further fees. Surprise packages ("Surprise Packs") are completely excluded from conversion!
Delivery (back to top)
The delivery of all TOTAL RECALL items usually occur from stock. The delivery occurs at expense and risk of the buyer. Package delivery within Germany contains a transport insurance up to the value of 511,29 Euro. TOTAL RECALL does not make any delivery commitments of any kind, in particular not regarding scope and period of delivery. In the case of payment/delivery in external trade relations all costs, expenses, tariffs, fees, export duties are to be paid by the recepient. In particular transfer fees from foreign countries are to be paid only from the buyer. When TOTAL RECALL exports the purchasers goods, then the orderer has to consider the respective legal export regulations. When ordering videos or DVDs, which are accessible for adults only (18 versions), a copy of a valid document of identification must be sent to TOTAL RECALL.
When accepting parcels please pay attention that the package is not damaged. In case of damage or assumption of damage, please check in presence of the postman and have the damage confirmed with the postman's name. Under no circumstances accept damaged parcels because that automatically implies the immaculate receipt of the parcel for the postal service.
Passage Of The Risk (back to top)
The risk devolves to the buyer, as soon as the parcel was handed over to the person implementing transport, or when it left the seller's storage for shipment. If dispatch is delayed by the buyer's request, the risk devolves to him with the message of readiness for dispatch.
Most of our offered items are used second hand. They are in a good playable condition which meet usual requirements. All details to applicability, processing and usage of our products were made to the best of our knowledge, but that does not acquit the buyer of their own tests and trials. The buyer must investigate the goods, as far as reasonable, after receipt, by testprocessing it's condition and purpose of use. Otherwise the goods are counted as accepted. In retail a full guarantee is given. That means, repairs, exchange or replacements occur at the expense of Total Recall. Surprise packs are completey excluded from conversion.
Adhesion / Damage (back to top)
TOTAL RECALL is not responsible for damage, which occured by TOTAL RECALL products, gross negligence or intention can be proven. We are only liable for financial damages in case of intention. TOTAL RECALL will only be liable for claims for damages, positive contract violation, unapproved actions, organizational faults, fault of contract conclusion, if they or their auxiliary person in cases of intention or gross negligence.
Retention Of Title (back to top)
TOTAL RECALL reserves the right to keep or own the delivered goods and services until completion of all payments from the business deal liable to the buyers claims or developing claims, of any kind or any legal kind. With reading invoice the reserved property applies as safety of the demand for balance.
Terms Of Payment (back to top)
are due immediately and without deduction, unless not explicitly agreed
upon in writing. If interest and further expenses for collection have
incurred, the payment will first be imputed to the expenses, then
to the interest and last to the main claim. The buyer is only entitled
to set-off or reduction if the counterclaims have been validly determined.
Partial deliveries and services can be charged separately. A payment
is only considered as completed when the claim has been credited to
the bank account of TOTAL RECALL. TOTAL RECALL is not responsible
for misdirected or missing currencies. TOTAL RECALL is justified to
the immediate resignation from the supply agreement, if TOTAL RECALL
finds out that the credit-worthiness of the customer is questionable.
If TOTAL RECALL continues to hold to the contract, we are entitled
to demand pre-payments, a bank guarantee or securities. Outstanding
invoices are automatically delayed after 30 days of the invoice date.
TOTAL RECALL has the right to not deliver the further supplies, even
if appropriate supply contracts were made. From the moment of delay,
reserving the assertion of further damages, TOTAL RECALL is justified
to compute interest for the amount of the customary debit interest
at least 3% over the respective Federal Bank rate of discount. The
buyer carries the entire expenses for collection, any court and additional
fees. Assertion of retaining rights or the set-off with any counterclaims
of the buyer are excluded, unless the requirements of the buyer are
TOTALLY RECALL buys used records, cds, videos, etc.. The purchase price is specified by TOTAL RECALL in their office. Prices given in advance are simply as an orientation for the salesman and are absolutely noncommittal. Shipping costs of the purchase are to be carried by the salesman. If an arrangement has been made about negotiation over the purchase price, then the salesman is obligated, to provide contact details by telephone, fax or email and ensure availability. If TOTAL RECALL should not receive an answer from the salesman within 14 days after incoming goods, TOTAL RECALL is justified to specify the purchase price arbitrarily and to credit the amount on the customer account of the salesman. If no agreement can be made over a selling price, TOTAL RECALL will pay for the costs of returning the goods to the salesman. This does not apply for goods received without previous notice
Applicable Right (back to top)
For these trading conditions, as well as the entire legal relations between TOTAL RECALL and the buyer the right of the Federal Republic of Germany applies as compellingly agreed upon. Other national rights, likewise the uniform international purchase right (EKA, EKAG) are excluded. Area of jurisdiction is Langen/Hessen. Should a regulation in these AGB (General terms and conditions) be ineffective, then the effectiveness of all other regulations or agreements is not affected.
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