General terms and conditions of trade

CUDGEL Vertrieb

(a division of War Anthem Records a Division of Party.San Media)

§1 General

1. The general terms and conditions are valid exclusively for the entire business relationship with our customers. Any deviating conditions will only become valid if „War Anthem Records“ explicitly agrees to such conditions in writing.

2. Style, packaging units or minimum quantity of our products will be delivered only as stated in our current catalogues, brochures or webshop. Packaging unit and/or minimum quantity will be as prescribed by our supplier as far as products in current catalogues, brochures or webshop are not specified.

3. We reserve the right to effect alterations in the sense of technical progress. We also reserve the right to effect reasonable alterations in style, color and weight.

4. Any agreements (such as verbal or subsidiary agreements or variations in the terms) made between „War Anthem Records“ and customers relevant to the execution of this contract should be set down therein in writing.

5. Resellers placing an order not less than 30 units are entitled to quantity buyer benefits or prices as stated in the current catalogue. We reserve the right to set the regular price if less than 30 units are ordered.

§2 Placing of order

A customers order represents a legally binding contract, no matter which medium is used for ordering (in written or verbal form, by phone or data transfer)

§3 Delivery and charges

1. The delivery period starts as soon as possible, a fixed date of delivery can not be assured.

2. Delivery is subject to capacity and will only be made while stocks last.

3. Once the goods leave the storage place the risk passes to the customer, even if the seller takes over transport costs.

4. In cases of force majeure, operational or external malfunctions of every description such as strikes, shortage of raw material or dispatch disturbances the seller is authorized to postpone, vary or cancel the assumed delivery obligations for the time of malfunction.

5. Claims of damage because of delayed delivery and other demands are excluded. On receipting the customer is bound to check the wares for transport damages. In case of receiving a faulty packing the customer must get a written confirmation from the transport company. In case of not visible damages the customer is bound to report to us immidiately. In case of non provided documentation resp. delayed reproof customer rights will be discharged insofar no deviating agreement is named within this terms.

6. Unless otherwise agreed in written form, delivery will be effected off the shelf.

7. Part-delivery is subject to change.

8. Delivery to foreign countries is always made at customers charge.

§4 Prices

1. Particular prices result from price agreements by contract.

2. As far as agreements are non existent and/or unverifiable on the customers part, current prices as stated in catalogues or brochures are valid. Prices are subject to change without notice. Concluded agreements exclude alterations of arranged prices. If prices shall increase in the time interval between confirmation of order and delivery the customer will be billed the price stated at day of delivery.

3. Prices for final consumers are non-binding and include the actual legal rate of the VAT unless otherwise specified.

4. Prices refer to depicted items according to description, unless otherwise specified in the catalogue.

§5 Terms of payment

1. As a basic principle we sale against cash in advance, on account, cash on delivery and paypal. We reserve the right to determine the payment terms. A notice to that effect is made in advance if necessary. For new customers delivery is made strictly against cash in advance, cash on delivery or paypal.

2. Any extra costs or charges for cheques are solely to the account of the customer. Bills of exchange shall only be accepted upon explicit agreement. In that case all charges are solely to the account of the customer. Only if encashment and credit advice past recall benefits our account the payment is effected.

3. Payment in stamps is not accepted.

4. Unless otherwise stated, the purchase price shall become due on the date of invoice issue. Should the customer be in arrears of payment, we are entitled to demand interest on arrears in the amount of 5 % above the basic interest rate. We may also demand higher interest rates for other legal reasons. If we can prove damage caused by delay we are entitled to assert this claim. Assertion of further damages is only excluded if the customers counterclaim is legally absolute, uncontested or acknowledged by us in written form.

5. If, before or on delivery, „War Anthem“ receives notice that the customers financial circumstances have deteriorated essentially and appear as inadequadly guaranteed or even at risk regarding prospective demands, we reserve the right to demand cash on delivery or to charge bankable security. In this case the seller is authorized to withdraw from the contract and to demand compensation because of breach of contract without setting a final deadline and threat of refusal.

§6 Our Return Policy / Right of withdrawal

1. Customers can revoke the contractual statement within two weeks, without stating reasons, in writing (e.g. letter, fax, e-mail). Alternatively, if you received the object prior to expiry of the withdrawal period, you can revoke the contract by returning the goods. The revocation period starts upon receipt of this instruction, but not before the recipient receives the goods. Timely dispatch of the revocation or the object in question will suffice to meet the revocation deadline. The revocation must be addressed to:

CUDGEL VERTRIEB

Schwanseestraße 20

99423 Weimar

Tel.: +49 (0) 3643 811779

Fax:: +49 (0) 3643 811779

shop@cudgel-vertrieb.de

Revocation consequences

TICKETS CAN'T BE RETURNED!!!

A. Only wares delivered in undamaged packages can be reclaimed or returned. Please make sure that you receive an undamaged package. Do NOT in any case accept a damaged delivery since by doing so you implicitly confirm the reception of undamaged items and you can not claim indemnification afterwards. Therefore refuse delivery if necessary (e.g. an opened box or similar).

B. Returning of the reclaimed goods must be made within 4 weeks upon receipt.

C. Please box the ware before returning. Ware getting damaged or lost on the way from the customer to „War Anthem“ is unreplacable.

D. The completely filled delivery order and a copy of invoice must be enclosed.

E. Textiles must be unworn and unwashed.

2. In the event of valid revocation, the work or services (e.g. interest) rendered by either side must be returned. If you are unable to return the work or services received, or you can only return them in a deteriorated condition, you must, to that extent, pay compensation. In the event of objects having been surrendered, this shall not apply if the deterioration of the object is due solely to an inspection of the object, such as would - for example - have been possible in a store. For the rest, you can avoid the obligation to render value compensation for deterioration to the object caused by proper use by abstaining from using the object as your property, and refraining from anything which could impair the object’s value.

3. The right of revocation does not cover audio or video recordings (e.g. CDs, LPs, DVDs etc.), or software, if you have removed the shrink-wrap from the data carriers supplied, or unsealed them. Journals and newspapers are also not covered by any right of revocation, and nor are goods that are purpose-built for customers specifications or goods that are not suited for revocation because of it´s condition.

§7 Warranty

1. The customer is required to indicate any defects in writing upon dispatch of the ware. Reclamations are excluded insofar an immidiate written notice of defects remained undone or the seller is not able to check up the rejected goods anymore.

2. In case of warranty amandment, replacement or credit advice will be made to our choice. In the case of an amandment or replacement going wrong the customer can claim change or reduction.

3. Advanced claims especially compensation claims are excluded unless we or our vicarious agents caused damage willfully or recklessly.

4. Insofar any essential contractual duty will be breached intentionally, our liability is limited to any damage which is foreseeable.

5. Technically conditioned, customary or minor deviations in amount, weight, material and color of the ware is no cause for complaint.

6. Assertion of a notice of defect does not authorize refusal of payment and does not exonerate the customer of acceptance and appropriate storage duty.

§8 Transport damages

If the customer clearly sees a damaged packing on receipt, he must get a written confirmation from the transport company concerning the damage or is bound to report to us immidiately that the receipt is accepted under protest. In case of damages that are noticed not before unpacking the goods the customer is bound to report to us immidiately. Reclamations are excluded insofar an written notice of defects at due date remained undone or the seller is not able to check up the rejected goods anymore.

§9 Reservation of ownership

1. All products supplied remain the property of „War Anthem“ until all contractual invoices have been paid in full. The customer is bound to announce every changing of residence or place of business without delay as long as bills due to delivered wares are outstanding or wares are not yet delivered. The customer is unauthorized to give wares in pawn or to pledge as security.

2. The customer is bound to announce without delay in the case of seizure by a third party pertaining to products and claims that are still our property.

3. If we do away with such seizures at our discretion the customer has to bear any additional costs thereby incurred, this is valid especially for costs of joinder cases.

4. Fashioning or modification of the goods is always made for us. If the goods will be processed with other items not of our property, we acquire joint ownership of the new object at the ratio of the goods value with the processed items at the time of process.

§10 Place of fulfilment, place of jurisdiction and data storage

1. Place of fulfilment will be Weimar/Thuringia.

2.  Weimar will also be place of fulfilment in case of contracts with fully-qualified traders, corporate bodies under public law or public service fund assets as well as if the customer has no domestic place of general jurisdiction, takes up residency or habitual residence abroad after conclusion of contract or if the residency or habitual residence is unknown at the time of filing of action.

3. Notice is hereby given that customer data will be saved according to the Federal Data Protection Act and that by placing of order the customer gives permission to save, process and use personal data in the sense of the Federal Data Protection Act.

3.1. The customer also declares his agreement to recieve newsletters by email and catalogue by mail. If customer is not longer interessted in newsletter or catalogue, a simple mail to shop@cudgel.de or call to +49 (0) 3643 811779 is needed.

4. For all legal business with foreign partners he law of the Federal Republic of

Germany is valid.

5. These terms and conditions have been translated from the German language. The translation was carried out in best intentions and knowledge. However, in the case of dispute, the German terms and conditions (AGB) will prevail over the English translation.

§11 Salvadorian Clause (Severability)

Should a single aspect of these general terms and conditions become totally or partly invalid, the validity of the other agreements remain unaffected.