General Terms and Conditions of Couch Records Musicproduction GmbH and Dzihan & Kamien Online-Shop
§1 Validity
For the business relationship between Couch Records Musicproduction GmbH (hereinafter referred to as Couch Records) and the Buyer, the following
General Terms and Conditions of Business shall apply exclusively, unless Couch Records and the Buyer agree otherwise in writing. The terms and
conditions shall apply to all types of orders, including personal, written, telephone, and online orders.
Couch Records Musicproduction GmbH is the trade name entered in the commercial register. Couch Records is the abbreviation of this trade name.
Couch Records Musicproduction GmbH
Lindengasse 25
A1070 Wien
VAT ID: ATU 57690822
COMMERCIAL REG.: FN 244003 d
COMM. COURT: HANDELSGERICHT WIEN
§ 2 Conclusion of contract
1. The goods can be ordered through the Dzihan & Kamien online store. The order placed at the Dzihan & Kamien online store is an offer directed to Couch
Records to conclude a sales contract.
2. The purchase contract between Couch Records and the Buyer shall be concluded exclusively by Couch Records sending the ordered goods to the
Buyer. The goods shall be shipped to the address provided by the Buyer. No purchase contract shall be concluded for the goods that have been ordered
but are not included in the shipment. The contracting parties are the Buyer and Couch Records.
3. By placing an order, the Buyer expressly acknowledges these terms and conditions. Deviations from these terms and conditions shall only be effective if
they have been agreed in writing or confirmed in writing by Couch Records.
4. Goods shall only be delivered in quantities customary for sales to end consumers.
§ 3 Revocation, consequences of revocation
1. The Buyer can revoke the contract in writing (also by email) or by returning the goods within one month after receipt of the goods. The timely dispatch of
the revocation or the goods shall be sufficient for compliance with the revocation period. The revocation does not have to be justified. The period of one
month within which the Buyer can declare the revocation in writing (also by email) or by returning the goods begins with the receipt of the goods and the
revocation instruction.
2. The Buyer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods.
3. A right of revocation does not exist for contracts for the delivery of audio or video recordings (Records (Vinyl), CDs), if the delivered data carriers were
sealed and have been unsealed by the Buyer. Any opening of the original packaging in such a way that the data carrier can be removed shall be deemed
to be unsealing.
§ 4 Delivery, shipping costs
1. Unless otherwise agreed, delivery shall be made from Couch Records' warehouse to the delivery address specified by the Buyer. The Buyer shall bear
the costs for additional expenses incurred because the Buyer or another person willing to accept delivery is not present at the delivery address indicated
at the time of delivery.
2. We only apply the actual costs which are calculated at the time of dispatch. The Buyer has to bear the shipping costs. The costs depend on the weight of
the parcel.
3. For shipments outside the EU: in case of export of the product, the buyer remains responsible for compliance with all laws or regulations governing the
import of the goods into the country of destination and for the payment of any customs duties thereon. Couch Records Musicproduction GmbH is not liable
for ensuring that the product complies with import regulations.
4. Occasionally, we must ask for your understanding for unavoidable delivery times if an item is currently out of stock or a new edition must be printed.
Delivery while stocks last.
5. Couch Records ships via the Austrian Post. Your parcel will be delivered to the delivery address you specify during the day.
§ 5 Payment
The Buyer can pay the purchase price for orders by Credit Card or via Paypal. All payments shall be made to Couch Records Musicproduction GmbH.
§ 6 Set-off, retention
The Buyer shall only be entitled to offsetting if its counterclaims have been legally established or are undisputed by Couch Records.
§ 7 Reservation of title
The delivered goods shall remain the property of Couch Records until the purchase price has been paid in full.
§ 8 Liability for defects
1. The statutory provisions shall apply to defects in the purchased item. The assignment of these claims is excluded. Unless otherwise stated below, any
further claims of the buyer, e.g. claims for compensation for consequential damages, are excluded. In this respect, Couch Records shall not be liable for
damages that have not been realized on the purchased item itself.
2. Couch Records points out that, despite all the care taken in managing the product range, it cannot be ruled out in individual cases that audio or video
recordings or printed materials may contain content that violates legal standards or morality or may be harmful to minors. Couch Records expressly does
not guarantee that content of the aforementioned type is not contained in audio or video recordings or printed materials delivered. The assertion of claims
for damages based on such content is excluded.
3. Couch Records also points out that despite all the care taken in managing the product range, it cannot be ruled out in individual cases that audio or
video recordings or printed materials may have been produced in violation of copyrights or ancillary copyrights. Couch Records expressly does not warrant
that the audio or video recordings or printed materials delivered are free of violations of copyrights or ancillary copyrights. The assertion of claims for
damages based thereon is excluded.
4. The above exclusions or limitations of liability set forth in paragraphs 1 to 3 shall also apply to Couch Records' employees, representatives, and agents.
5. The above exclusions or limitations of liability set forth in paragraphs 1 to 4 shall not apply if damage was caused by intentional or grossly negligent
conduct or personal injury or if violations of rights or morality were committed intentionally or through gross negligence.
Furthermore, they shall not apply if the Buyer asserts claims under §§ 1 and 4 of the Product Liability Act.
6. In cases in which Couch Records provides supplementary performance by way of a replacement delivery, the Buyer shall be obligated to return the first
delivered goods to Couch Records at Couch Records' expense within 30 days of receipt of the replacement delivery.
7. Claims asserted on account of defects shall become statute-barred after two years, calculated from the time the Buyer received the delivery.
§ 9 Data protection
Personal data that Couch Records collects and records from purchasers shall be used exclusively for the processing and handling of the order, including
the liquidation of delivery or purchase price claims and the pursuit of any other claims that Couch Records may have as a result. Further information can be
found in the privacy policy.
§ 10 Applicable law
Austrian law and the above mentioned terms of delivery and payment apply regardless of the domicile or residence of the Buyer, excluding the UN
Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna. If individual provisions of these GTC should contradict
mandatory legal provisions in whole or in part, the remaining provisions of these GTC shall nevertheless remain valid.