The following General Terms and Conditions as last amended at the time the order is placed shall exclusively apply to the business relationship between PVD GmbH (hereinafter PVDOS) and the customer. Differing conditions of the customer shall not be recognised by PVDOS, unless PVDOS has expressly consented to their validity.

(1) PVDOS undertakes to accept the order placed by the customer according to the website conditions. If the website contains any orthographic, typing or arithmetic errors, PVDOS shall be entitled to withdrawal.

(2) In the event that the supplier of PVDOS fails to supply PVDOS with the goods ordered, despite being contractually obligated to do so, PVDOS shall equally be entitled to withdraw from the contract. In this case the customer shall be informed without delay that the product ordered is not available.

(1) The customer, on its part, may revoke the order in writing (e.g. by letter, fax, e-mail) or by returning the merchandise within two weeks without indication of any reasons. For the purpose of meeting the deadline the timely transmission shall be sufficient. Such revocation shall be addressed to:

Paul van Dyk GmbH
Damaschkestrasse 4, 10711 Berlin
Germany
Tel.: ++ 49 - 30 - 217 98 60
Fax.: ++ 49 - 30 - 217 98 629
shop@paulvandyk.de
http://shop.paulvandyk.de

(2) In case of effective revocation the services received by both parties shall be returned. If the customer is only able to return the service received in a deteriorated condition, the customer shall be obligated to pay compensation for the loss in value. This shall not apply if the deterioration of the item exclusively results from its inspection, as would be possible, for example, in a retail store. In case of return out of a consignment of goods whose order value totals up to EUR 40 (EXCLUDING SHIPPING COSTS) the customer shall be required to bear the cost of return delivery, provided that the merchandise delivered conforms to the one ordered. Otherwise, the return shall be free of charge to the customer.

(3) After receipt of the item ordered the customer shall have the right to return it within a period of two weeks. Such period shall commence, at the earliest, at the time of receipt of the merchandise and these instructions. For the purpose of meeting the deadline the timely despatch (post stamp) of the merchandise at the expense and risk of PVDOS shall be sufficient. Such return delivery shall be made to the address shown in paragraph 1. Only merchandise in a perfectly clean condition shall be taken back. Garments shall be excluded from return, if already worn. Sealed data carriers such as CDs, audio cassettes, videos, DVDs shall only be taken back if the sealing is undamaged. If the merchandise is in a deteriorated condition, PVDOS shall be entitled to claim compensation for the loss in value. This shall not apply, if the deterioration of the item exclusively results from inspecting it.

(1) Unless agreed otherwise, delivery shall be made ex store to the delivery address indicated by the customer. Details concerning the period of delivery shall be non-binding, unless a specific delivery date was promised on an exceptional basis. As a matter of principle, the quantities delivered shall be only as customary in households. Deliveries of a larger volume shall require a separate agreement.

(2) In addition, packaging and forwarding costs shall be charged. They will depend on the quantity, weight and country of destination. To find out the exact costs, please go to this link.

(1) The purchase price shall be immediately due when placing the order. The customer may pay the purchase price by credit card, however by Eurocard and Visa only, by cash before delivery or cash on delivery. Outside the Federal Republic of Germany payment shall only be possible by credit card, however Eurocard and Visa only, or by cash before delivery.

(2) If paying by credit card, the customer shall be required to indicate the credit card number, the date of validity and the three-digit check number shown on the reverse of the card.

(3) If payment is made in advance, the purchase price is to be remitted to the following account of Paul van Dyk GmbH:

Deutsche Bannk
Kontonummer: 50 68 68 901
Bankleitzahl: 100 700 24
Swift Code: DEUT DE BB

(4) If payment is made after delivery, the domestic fee payable for cash on delivery by PVDOS to Deutsche Post AG shall be invoiced to the customer. Furthermore, the customer shall bear the fee charged in respect of cash on delivery by Deutsche Post AG, payable directly to Deutsche Post AG on delivery.

(5) Should the customer be in default of payment, PVDOS shall be entitled to assert default interest at a level of 5% per annum above the applicable base interest rate of the European Central Bank. If PVDOS has demonstrably incurred a higher interest loss, PVDOS may demand the same.

The customer shall only have a right to setoff, if its counterclaims are established by a court of law or recognised by PVDOS.

Pending the full satisfaction of all claims existing against the customer, the merchandise delivered shall remain the property of PVDOS.

(1) If the item purchased has a defect for which PVDOS is answerable, the customer may demand subsequent performance (rectification of the defect or substitute delivery). Should PVDOS be unable or unwilling to render such subsequent performance because the effort would be disproportionate or should such subsequent performance be delayed beyond a reasonable period for reasons not lying within the scope of responsibility of PVDOS or should subsequent performance fail in any other way, the customer may, at its election, demand a corresponding price reduction or withdraw from the contract and claim damages. PVDOS points out that minor colour differences as may occur between the pictures on the websites and the item delivered are associated with the technical colouring process, thus not representing a defect.

(2) Unless provided for otherwise below, any more extensive claims of the customer, no matter on which legal ground whatsoever, shall be excluded. Hence, PVDOS shall not be liable for damage not incurred on the deliverables themselves. In particular, PVDOS shall not be liable for lost profits or for any other pecuniary losses suffered by the customer. To the extent that PVDOS's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

(3) Limited liability pursuant to paragraph 2 shall not apply, if the cause of damage is based on intent or gross negligence or if personal injury has been inflicted. Furthermore, it shall not apply where the customer asserts claims pursuant to �� 1, 4 Product Liability Act.

(4) If PVDOD breaches a material contractual duty, its obligation to provide compensation for property damage shall be limited to such property damage as is typically incurred.

(5) The period of limitation applicable to property damage shall be twenty-four months from the date of delivery

The customer has been informed in detail about the type, scope, place and purpose of the collection, processing and use of the personal data needed for the execution of orders (link). The customer explicitly agrees to such collection, processing and use of personal data.

Privacy and the protection of personal data

We use safe technology: Our security server software SSL is one of the best in terms of safe online commerce. Our security server software will encrypt all of your personal data such as credit card number, sorting code, bank account number, name and address. When transmitted on the internet these pieces of information cannot be read by unauthorised persons. In the process of encryption the characters/numbers entered by you will be transformed into a code which can be safely transmitted on the internet.

What kind of information do we collect? How do we use them?
Whenever you place an order with us we must ask for your name, your e-mail address, your delivery address and, if applicable, for your credit card number and the date of expiry of the credit card. This will enable us to process and execute your order and to keep you informed about the order processing status.

How does PVDOS protect customer information?
PVDOS uses a safe transmission method - known as "Secure Socket Layer" (SSL) transmission - in order to process customer data. Any information transmitted by this safe method is encrypted before being sent to us.

Will PVDOS use such information in any other way in the future?
PVDOS will not make your personal data available to any third parties outside the firms Paul van Dyk GmbH, Vandit Records GmbH, PVD DVD GmbH & Co. KG.

(1) German law shall apply to the exclusion of the UN Sales Convention.

(2) Unless provided for otherwise in the contract confirmation, the place of performance shall be the place of business of PVD GmbH.