Terms & Conditions
- Goods means any goods and/or services provided by the Company as ordered by the Client.
- Company means ITMC GmbH incorporating Gem Buzz Records and EzT Online Shop.
- Client means the person, firm or company placing an order with the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
Formation of Contract
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions of the Client shall not be binding on the Company.
Orders will be deemed to have been placed when a successful checkout has been processed by the Client.
The Company will use its best endeavours to supply the Goods within the quoted time (normally within a maximum of seven business days from order or otherwise as agreed) but time will not be of the essence within the contract.
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by European copyright laws, international treaty provisions and all other applicable national laws.
Risk of Loss
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.
Payments are due upon shipment of the Goods.
In view of the nature of downloadable goods, any order of downloadable goods is not cancellable. Cancellation of the order of any other Goods (CD's, T-shirts) by the Client requires the return of the Goods to the Company within 30 days after the order has been placed and will only be accepted on condition that any costs, charges and expenses of the returnment of the Goods are borne by the Client.
- Downloadable Goods shall be deemed as having been delivered when download links to the Goods appear in the download area of the Client's shop account.
- Physical Goods shall be deemed as having been delivered when they have been handed to custody of the post office.
Loss or Damage to Supplies
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the Goods it supplies to the Client.
Usage of the Goods
Unless otherwise agreed in writing by the Company, the Client shall be entitled to use the Goods provided as follows:
- Downloadable Goods are for personal, non-commercial use only, they may not be sold or distributed in any form.
- The audio content of CD's may not be extracted, copied, duplicated and distributed in any form except for personal use within your rights defined under local copyright laws.
WarrantyThe Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
Limitation of Liability
The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.
These Terms of Trading shall be subject to and construed in accordance with the laws of Germany and the parties hereby submit to the exclusive jurisdiction of the German courts.