Floating Opera Press
Dr. Aaron L. Bogart
Website by Supercomputer Studio
TERMS AND CONDITIONS
1. Scope of application
The following terms and conditions apply to all orders placed through the Floating Opera Press online shop.
2. Parties to the contract, conclusion of the contract
The contract is concluded with Floating Opera Press.
By ordering goods, by clicking on the button “Checkout,” the Customer makes a binding declaration of his/her intention to purchase the ordered goods. Floating Opera Press is entitled to accept the contractual offer contained in the order within two weeks of receiving it. Declaration of acceptance leading to conclusion of contract may either be in written form, including e-mail, or through delivery of the goods to the Customer. An e-mail confirming receipt of the order, specifying the stored order and contract data and these contractual conditions, shall not constitute a binding acceptance of the order.
Delivery takes place subject to the availability of the goods. If the ordered item has not yet been published the order shall, where possible, be noted. In the case of items that are already out of stock the Customer has the choice of cancelling the order or having his/her name put down for a possible reprint or new edition. If suppliers fail to deliver the ordered goods despite being under a contractual obligation to do so, Floating Opera Press is entitled to withdraw from the contract with the Customer. The Customer will always be informed immediately of the non-availability of an item. The purchase price paid will then be immediately refunded.
Delivery terms are non-binding in all but exceptional cases where the delivery date has been guaranteed.
Contracts can be made in English or German. In case of contradictions, the English version is paramount.
3. Terms of delivery and prices
The prices valid on the date of ordering will be charged. All prices listed include VAT. The Customer pays the purchase price as well as delivery charges in advance. It is not possible to pick up items in person.
Packaging and delivery are billed to the customer. Unless specified otherwise, these charges are calculated as follows:
Shipping within Germany: € 4.00
Shipping within Europe: € 9.00
Shipping worldwide: € 16.00
Shipping within Germany: € 15.00
Shipping within Europe: € 25.00
Shipping worldwide: € 35.00
Available items are shipped within three working days. Other items will be shipped as soon as they become available.
Information on anticipated delivery time is non-binding. The delivery time in Germany is approximately three to four working days, in Europe approximately five to ten working days. Worldwide, the delivery time is approximately ten to thirty working days.
Import duties, taxes, and charges are not included in the purchase price or shipping cost. These charges are the Customer’s responsibility. As customs regulations vary by country, please check with your country’s customs office to determine what these additional costs will be prior to buying.
If products are delivered with obvious shipping damage, please register your complaint immediately with the shipping agent and contact us immediately. Failure to complain or contact us does not affect your legal rights and their enforcement, in particular your warranty rights. You will, however, help us to pursue our own claims against the shipping agent or shipping insurance.
Our online shop offers the following means of payment:
Credit card (incl. EC and Maestro)
5. Retention of title
Until payment is received in full, the goods remain the property of Floating Opera Press.
In the event of any seizure of the reserved goods by a third party or any ceded claims, the Customer shall point out the ownership rights of Floating Opera Press and inform us immediately by handing over the necessary documents for the intervention. The costs of intervention shall be borne by the Customer.
6. Warranty and liability
Unless stated otherwise, the statutory provisions on warranty for defects apply.
All additional claims on the part of the Customer—regardless of their legal basis—are excluded. Floating Opera Press shall not be held liable for damages apart from those arising from the delivered product itself, and in particular not for lost profits or other losses of assets incurred by the Customer.
Our liability is limited to the value of the product. We are not liable for slight negligence with respect to insignificant contractual duties. In the event that Floating Opera Press fails, through neglect, to meet an obligation justifiably regarded as crucial to the fulfilment of the purpose of a contract (cardinal obligation), our liability is limited to damages or losses judged to be typical or predictable in cases involving the utilization of the goods in accordance with the provisions of the contract; in such cases, liability shall not exceed the equivalent of twice the amount paid on the basis of the corresponding order.
These limitations of liability do not apply to imputable injuries or life, person or health, or for claims filed by the Customer pursuant to the German Product Liability Act.
9. Final provisions
German Law applies to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.
Where the customer is a trader, the sole jurisdictional venue for adjudication of all claims arising from business relations is Berlin.
Should any of the clauses in these Terms and Conditions be invalid or become invalid due to new legal provisions, any clauses not affected remain valid. The parties commit to replacing the invalid clause by a valid one that is economically closest to the invalid one.
Your right of cancellation
You have the right to cancel this contract within fourteen days without having to give a reason. The cancellation period of fourteen days begins on the day that you or a third party authorized by you, who is not the delivery carrier, take/s possession of the goods.
In order to maintain your right to cancel, all you have to do is to unequivocally notify us before the end of the cancellation period that you intend to cancel, for example by mail or by e-mail addressed to:
Floating Opera Press
It is enough if you sent out this notification before the end of the cancellation period.
In the event of a valid cancellation, both parties must return all goods and payments received. This includes shipping costs but excludes any additional shipping costs incurred for express shipping chosen by the Customer. The Customer undertakes to return the goods within fourteen days following the exercise of the right of cancellation, at his/her own cost. If the Customer cannot return the goods received or can only return them in part or in a deteriorated condition, he/she must compensate for any loss in value that was caused by any handling not necessary for inspection. Obligations for the refund of payments must be fulfilled within fourteen days. The return period begins for the Customer when he/she dispatches his/her notice of cancellation and for Floating Opera Press upon receipt of the same. In no event are fees charged by Floating Opera Press or the Customer for repayment. Floating Opera Press may refuse a refund until the item is received or the Customer has provided proof that he/she has returned the goods, whichever is the earlier.
Personal details transmitted when placing an order are stored and used solely for the purposed of fulfilling orders. This information is stored in a secure environment and is not given or sold to any third party in accordance with German Data Protection laws.
We do not use this information (e.g. drawing up user profiles) in any way other than for statistical purposes in an anonymous way.