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MellowJet Records
Bernd Scholl Musikproduktionen
Oleftal 76
53937 Schleiden-Olef
Germany
Telefon (0049) (0) 2445 852 905
Fax (0049) (0) 2445 853 99 63
Conditions of Use
§ 1 Scope of application
The following General Terms and Conditions apply exclusively to the business relationship between MellowJet Records and the purchaser in the version valid at the time of the order. MellowJet Records does not recognize deviating conditions of the purchaser unless MellowJet Records has expressly agreed to their validity in writing.
§ 2 Conclusion of contract
Your order represents an offer to us to conclude a purchase contract. A purchase contract is only concluded when we ship the ordered product to you. Orders can be placed in writing by letter, fax, e-mail and via the online store on the Internet. If, after accepting the order, we subsequently realize that we have made an error in the price, delivery time or product details, we will inform the customer immediately. The customer can then confirm the order again under the changed conditions, otherwise we are entitled to withdraw from the contract.
§ 3 Prices
All prices are quoted in euros. The small business regulation applies to MellowJet. We therefore do not charge VAT. The prices are exclusive of delivery costs. Any bank charges shall be borne by the customer. We pay any PayPal fees. We do not charge shipping costs for downloads. The validity of special offers is always limited in time and we reserve the right to end them at any time.
§ 4 Payment
Payment is made in advance by bank transfer or PayPal. The goods can also be paid for in cash on collection.
§ 5 Shipping costs:
All valid shipping costs can be found in this price and shipping list.
§ 6 Delivery
Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the Customer.
MellowJet Records accepts no liability for lost shipments. Should the Buyer wish to have the goods shipped insured, he shall bear any additional shipping costs incurred. Insured shipping is only possible within Germany. For orders of 10 CDs or more, shipping within Germany is always insured. We usually deliver within 5 working days. Since CDR products are so-called burn-on-demand products, CDRs must first be assembled.
§ 7 Right of withdrawal
If MellowJet Records is unable to deliver the ordered goods through no fault of its own because the supplier of MellowJet Records does not fulfill its contractual obligations, MellowJet Records is entitled to withdraw from the contract with the Buyer. In this case, the Buyer shall be informed immediately that the ordered product is not available. The legal claims of the purchaser remain unaffected.
If a delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or staircase of the customer or because the customer is not found at the delivery address specified by him, the customer shall bear the costs for the unsuccessful delivery.
§ 8 Partial deliveries
Partial deliveries are at our discretion, depending on the delivery situation, unless expressly stated otherwise by the customer when placing the order. Subject to self-supply, we will always ensure prompt delivery. Delivery times are always non-binding unless they have been expressly designated as binding in writing.
§ 9 Offsetting
The customer shall only be entitled to offset if his counterclaims have been legally established or recognized by us. The customer is only entitled to a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 10 Data protection
Mellowjet attaches great importance to the confidentiality of your data.
To place an order with MellowJet Records, we require various pieces of information from you, including your first and last name, your full address and your e-mail address. Under no circumstances will this information be sold or made available to third parties. MellowJet Records guarantees that customer data obtained in the course of an order will be processed, stored and used exclusively in connection with order processing and for internal marketing purposes. Disclosure is only permitted to companies directly associated with order processing (e.g. parcel service or other service providers).
You can subscribe to a newsletter. The e-mail address you provide to us for this purpose will only be used for the newsletter. It will not be passed on to third parties. You can unsubscribe from this newsletter at any time.
§ 11 Retention of title
The delivered goods remain the property of MellowJet Records until full payment has been made.
§ 12 Liability for defects / Warranty
If there is a defect in the purchased item for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or make a replacement delivery. If we are unable or unwilling to remedy the defect or make a replacement delivery, or if these are delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect fails in any other way, the customer shall be entitled to withdraw from the contract at his discretion. The warranty period corresponds to the statutory period and is 6 months from receipt of the goods. There is no warranty if damage has been caused by the customer.In your own interest, we ask you to check the consignment carefully for transport damage on receipt. If damage is found, the recipient is obliged to report the damage immediately and to provide photographic evidence. Further claims of the buyer are excluded, regardless of the legal grounds, unless otherwise regulated below. In particular, MellowJet Records shall not be liable for damage that has not occurred to the purchased item itself. Furthermore, liability for loss of profit or other financial losses of the Buyer is excluded. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives or vicarious agents. This limitation of liability shall not apply if the damage was caused by intent or gross negligence. It shall also not apply if the customer asserts claims from §§1, 4 of the Product Liability Act, claims due to the absence of a warranted characteristic or claims for damages due to non-fulfillment in accordance with §§ 463, 480 Para. 2 BGB, as well as in the case of initial incapacity or impossibility for which we are responsible. If MellowJet Records negligently breaches an essential contractual obligation, the obligation to pay compensation for property damage and personal injury shall be limited to the typically occurring damage.
§ 13 Place of fulfillment, place of jurisdiction, legal system
The place of fulfillment for all deliveries and services is Schleiden-Olef. The exclusive place of jurisdiction is Euskirchen or another legal place of jurisdiction at the discretion of MellowJet Records, insofar as the Customer is a merchant within the meaning of the German Commercial Code (HGB) or a corporation under public law. The same applies if the Customer has no general place of jurisdiction in Germany. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§ 14 Withdrawal period for downloads
When using the MellowJet MP3/FLAC/FLAC48 download service (i.e. at the moment an MP3/FLAC/FLAC48-ZIP download is started), the right of withdrawal expires prematurely. This also applies if the contract has been completely fulfilled by you and MellowJet at your express request before you have exercised your right of withdrawal. The right of withdrawal also expires if a combination product CD/CDR plus free download has been ordered and the MP3-ZIP file has already been downloaded.
If you have any additional questions about our terms and conditions, you can contact us at any time.
Olef, Germany, June 15, 2025
Disclaimer
1. Content
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
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