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GENERAL TERMS AND CONDITIONS

GTC // Date of publication 03/19/2021

 

1. Scope
These Terms and Conditions apply to all orders placed by customers via the online shop via www.marilynmazur.com of MARILYN MAZUR’S
ENSEMBLER, CVR no. 35297685, Storegade 7, 2650 Hvidovre, Denmark, e-mai:l contact@esteam-music.com. Only the General Terms
and Conditions listed below in the version valid at the time of order are applicable to the order. Our products and services can be delivered
worldwide. Please thoroughly read through and agree to these conditions by clicking on the box "I have read the Terms and Conditions of MARILYN MAZUR’S ENSEMBLER and hereby accept them" before submitting a completed order form, upon which the order becomes legally binding. MARILYN MAZUR’S ENSEMBLER reserves the right to change the Terms and Conditions at any time. Upon submission of an order, however, the Terms and Conditions can no longer be changed unilaterally.


2. Products and Orders
Our products and services are offered to natural persons (consumers) or legal trade or business entities.
Products presented here on the Internet serve as an orientation for customers regarding the selection of goods and are valid as long as visible in the online store and / or stocks last. Adjustments to prices and products can be made at any time. The images shown in advertisements, brochures, and the online store etc., as well as all product details are for representational purposes only and are not
binding.
Orders submitted on the Internet, by e-mail or telephone are binding sales contracts. Thus, MARILYN MAZUR’S ENSEMBLER has first accepted the order when confirming by e-mail that the order is binding for MARILYN MAZUR’S EMSEMBLER. When orders are placed in the online shop, we will send an automatically generated order receipt by email confirming your order. This confirmation has an informal character and does not guarantee that the ordered goods are in stock at the time of the order. MARILYN MAZUR’S ENSEMBLER can only accept orders for available goods.
If the goods ordered are no longer available, MARILYN MAZUR’S ENSEMBLER will cancel the order and refund the purchase amount to the customer. If the goods are no longer available from the supplier, MARILYN MAZUR’S ENSEMBLER has the right not to execute orders and to refund the customer any money already paid.
 

3. Availability and Delivery
MARILYN MAZUR’S ENSEMBLER attaches great importance to indicating availability and delivery times in the online store in an up-todate
and accurate manner. Due to production or delivery bottlenecks, however, it can come to delays in delivery. All information on availability and delivery times is therefore without guarantee and subject to change at any time. If the product is in stock the delivery will be made as quickly as possible. Depending on the destination of the delivery this can take up to 3 weeks.


4. Prices
Prices are in Euros, including Danish 25 % value added tax (VAT). The price in the online store at the time of the order is binding. Any additional service charges, such as delivery, are listed separately in the shopping cart and on the invoice.


5. Delivery and Shipping Charges
Delivery is made to the address provided by the buyer. Packaging and shipping costs are charged separately. Depend on the ordered product packaging and shipment is handled by MARILYN MAZUR’S ENSEMBLER or partners in Denmark, Switzerland, or Germany.
Delivery times listed are without guarantee. We will make every effort to deliver the ordered goods as quickly as possible.
If the customer is not on site at the time of delivery, the delivery must be picked up at the appropriate post office or address of the carrier. The customer assumes responsibility for delivered products, even if they are not received personally. The presence of the customer is recommended for the delivery of all products.
The following system requirements apply to the digital download of product data:

 

  • sufficient storage space

  • Archive program, download unzip program
    –  (en.wikipedia.org/wiki/packing program)

  • Windows:
    – Current Windows OS, version 7 or later (-> Zip is integrated), and/or archiving software: "7-Zip", "WinRar", "WinZIP

  • MacOS:
    – a current version of MacOS (-> Zip is integrated), and/or archiving software: "The Unarchiver", "unzip" or "GZIP

  •  Linux:
    –  "File Roller", "PeaZip", "Ark", "Xarchiver", "p7zip” or similar

  • iOS: "iZip", "WinZip" or similar
    –  (www.howtogeek.com/212703/how-to-open-zip-files-on-aniphone-or-ipad/)

  • Android:
    – "ES File Explorer", "WinZip", "RAR for Android", "ZArchiver, or similar

  •  MP3 capable player

  • PDF Reader
    – Liability claims against MARILYN MAZUR’S ENSEMBLER due to material or immaterial damages, which have arisen from the access or use or non-use of the published information, through misuse of the connection or through technical faults, are excluded.


6. Payments
Payments must be made in Euro. The current prices published on the website apply to all services and products. All prices are in Euros and
include applicable Danish 25 % Value Added Tax (VAT). Please note that when orders are shipped to non-EU countries MARILYN MAZUR’S ENSEMBLER is not liable for charges or any other fees and expenses charged by the tax and customs authorities in the recipient country or otherwise caused by the product ordered being sent to the recipient country, and the customers are therefore liable for payment thereof.
Please be advised that the charging of such expenses may result in delay in delivery.
A right to set-off is excluded and applies only if MARILYN MAZUR’S ENSEMBLER agrees to a possible set-off or if the customer can assert legally binding counterclaims against MARILYN MAZUR’S ENSEMBLER.
Any discounts given in the form of discount codes or the like cannot be combined with other offers or discounts and will not apply on already
discounted products or products at special promotion prices. Only one discount code or similar code may be used per order. In addition, discounts are subject to the conditions and restrictions appearing from the marketing of the relevant discount, including vouchers, etc.
We accept only Visa Mastercard, or debit card payments via Twint and PayPal. The card issuer may add service charges to the payment. Any such service charges will be added to the total price. Goods are shipped as soon as payment is received.


7. Obligation to Inspect Goods
The customer must immediately check delivered or collected products for correctness, completeness and delivery damages. In the case of
forwarding deliveries, any delivery damage must be noted on the delivery bill. Delivery damages, wrong and incomplete deliveries must be reported for all products and services to MARILYN MAZUR’S ENSEMBLER within reasonable time and no later than 14 days from the date of delivery.


8. Cancellations and Returns
Right of withdrawal
We request customers to check the ordered goods immediately upon receipt.
Please note that a purchase of a digital product for download cannot be cancelled when the customer has started to download the product by clicking on the link whereby download is started. By placing an order to purchase a digital product the customer acknowledges and agrees to this.
A customer un-satisfied with the delivery can return the delivered products to MARILYN MAZUR’S ENSEMBLER via ESTEAM MUSIC GmbH (Management of Marilyn Mazur) with address in Switzerland:

 

  • within 14 days of receipt and with prior notice to: email contact@esteam-music.com;

  • in the original packaging;

  • with no signs of use;

  • to the postal address ESTEAM MUSIC GmbH, Schützenmattstrasse 43, 4051 Basel, Switzerland

  • The customer is responsible for the proper packaging of the returned goods and bears the costs for the return shipment. We do not receive packages sent per COD (Cash On Delivery) and must be distributed to ESTEM MUSIC GmbH. Further the customer is liable for any damage occurring during carriage.


Please note that it is not possible to exercise the right of withdrawal by simply refusing receipt of the product or by failing to collect the product from the carrier.
A returned product must be returned in a good and undamaged condition. If a returned product is damaged or shows signs of use, other than what is required to establish the nature, characteristics and functioning of the product, the customer will be liable for any loss of value of such product. We will estimate any value by way of a specific assessment of the product returned.
Payment for the product will be reimbursed as soon as possible and, in all circumstances, no later than two weeks after our receipt of the customer’s communication of the decision to withdraw from the contract. However, MARILYN MAZUR’S ENSEMBLER reserves the right to withhold such reimbursement until we have received the product for inspection or until the customer have supplied evidence of having returned the product, whichever is the earliest.
If the customer decides to withdraw from the contract in accordance with these terms and conditions, MARILYN MAZUR’S ENSEMBLER will reimburse the purchase price only. Unless otherwise expressly stated, MARILYN MAZUR’S ENSEMBLER will carry out the reimbursement by using the same means of payment as the one used by the customer to perform the initial transaction.


9. Damaged or Incorrectly Delivered Goods
We personally check all goods before shipping. If, however, the goods are found to be faulty - for example, a non-obvious production error - the goods can be returned. This also applies to incorrect deliveries for which MARILYN MAZUR’S ENSEMBLER is responsible. In both cases, we ask you to inform MARILYN MAZUR’S ENSEMBLER via ESTEAM MUSIC GmbH (Management of Marilyn Mazur), Schützenmattstrasse 43, 4051 Basel in advance by email about the return via contact@esteam-music.com.
In case of a complaint or an order not delivered, please contact Customer Service via email to: contact@esteam-music.com. In order for us to identify the product, we request that you state the order number when communicating. Failure to state the order number may cause errors or delays.


10. Disclaimer of Liability
MARILYN MAZUR’S ENSEMBLER does not assume any liability with regard to the correctness, accuracy, currentness, reliability and completeness of the information on the website. Liability claims against MARILYN MAZUR’S ENSEMBLER for material or immaterial damages resulting from access to, use or non-use of the published information, misuse of the connection, or from technical faults are excluded. All offers are non-binding. The authors expressly reserve the right to change, supplement or delete parts of the pages or the entire offer without special notice or to discontinue publication temporarily or permanently.
If products are delivered with obvious damage to the packaging or content, the customer must immediately report it to the delivery agent and refuse acceptance, without prejudice to their rights to claim for defects. The customer is obliged to receive a damage confirmation report from the delivery agent. All transport damages must additionally be reported immediately to MARILYN MAZUR’S ENSEMBLER via ESTEAM MUSIC GmbH (Management of Marilyn Mazur), Schützenmattstrasse 43, 4051 Basel by email via contact@esteammusic.com.

Irrespective of whether any errors or defects are ascertained upon receipt or at a later date, all product is subject to the Danish Sale of Goods Act (købeloven), giving you 24 months to complain about an product. However, if the errors or defects are due to your negligence, abuse or other incorrect use, your right to complain will lapse.
Additionally, it is incumbent on the customer to check the ordered products immediately upon receipt and to store them correctly. If the customer is not satisfied with the delivered product, it can be replaced by a new product after the goods have been returned to MARILYN MAZUR’S ENSEMBLER. The customer is responsible for the shipping costs of returned goods, unless we have delivered the product to you by a mistake or if the product was damaged or defective upon receipt. If a replacement product is not in stock, the purchase price can be refunded.


11. Severability Clause
Should an individual provision of this contract be or become ineffective in whole or in part or lose their effectiveness at a later date, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the parties by a valid provision which corresponds as closely as possible to the economic purpose of the invalid provision. The same applies to any contractual loopholes.


12. Applicable Law and Jurisdiction
Danish law applies exclusively.

Exclusive jurisdiction is the court of Glostrup, Denmark.


13. Data Security
We are committed to protecting your privacy and do not pass on any data to any unauthorised third parties. Credit card information is transmitted via a secure HTTPS connection.


14. Validity
MARILYN MAZUR’S ENSEMBLER maintains internet services (www.marilynmazur.com), which enable natural persons (consumers) and companies to use services and/or trade in goods and services. Contractual partners (users) must be fully contractually competent natural persons or legal entities. With the use of the internet services of www.marilynmazur.com, visitors, users, contractual partners (hereafter referred to as "users") declare their agreement to the terms of use formulated here.

Users already declare their agreement through the confirmation that they have taken note of and agree to the General Terms and Conditions / Terms of Use of a website. A partial use of a website is deemed to exist as soon as it is accessed in a stationary or mobile Internet browser. Contractual amendments concerning the use of special services, for which a registration at esteam-music.com is required, become legally effective as soon as the user has successfully registered at esteam-music.com. A successful registration is concluded with the formulation of a corresponding confirmation on the website of www.marilynmazur.com or by e-mail.
If users do not agree to the Terms and Conditions / Terms of Use, they may not use any features of the website. If users disagree to only specific parts of these terms of use, but still use services/features of the website, they release the authors/responsible persons/subcontractors from any legal responsibility in terms of the current legal regulations.

Modified conditions on the part of the user, which are in conflict with these Terms and Conditions / Terms of Use, will not be accepted, unless esteam-music.ch agrees to them in writing.

www.marilynmazur.com have the right to assign third parties to provide parts or the whole range of services. In this case, the terms of use set forth herein shall also apply.
www.marilynmazur.com reserve the right to modify these Terms and Conditions / Terms of Use at any time. Users will be informed in a timely fashion regarding any changes to contractual relationships by e-mail.
The contractual partners are granted the right to cancel the contract for a period of 6 weeks after notification of the modified Terms and Conditions / Terms of Use. After expiry of this period, the contractual relationship shall continue to exist on the basis of the new Terms and Conditions / Terms of Use.


15. Data Protection
MARILYN MAZUR’S ENSEMBLER observes all data protection regulations required by law. To comply with these provisions, the
collection and use of data is carried as described below.
 

Users agree to the following regulations regarding the use of their
personal information when they register with
www.marilynmazur.com:

  • To avoid misuse and to prevent fraud, www.marilynmazur.com is entitled to store IP addresses of users of its internet services.

  • The data entered during a registration at www.esteammusic.com will be treated confidentially and will never be given to unauthorised third parties.

  • www.marilynmazur.com does not assume any responsibility or liability for the currentness, correctness, completeness or quality of the information provided nor for the possible misuse of information.

  • All liability for possible economic or immaterial damages which result from, or could result from, the use or non-use of www.marilynmazur.com internet services is explicitely excluded.

  • All offers are non-binding and without obligation.

  • www.marilynmazur.com makes every effort to ensure that the service is available at all times, but cannot guarantee the uninterrupted availability of the service.

  • Liability for technically caused transmission delays or failures is excluded.

  • MARILYN MAZUR’S ENSEMBLER is not liable for the unauthorized acquisition of personal user data by third parties (e.g. through unauthorized access by third parties).

  • MARILYN MAZUR’S ENSEMBLER is not obliged to check the content, information, image files, text content or similar of users, but reserves the right to check, change or delete content, e.g. in the case of incorrect information.

  • MARILYN MAZUR’S ENSEMBLER is not liable for direct or indirect links to external websites that are outside the responsibility of www.esteam-music.com.

  • Should MARILYN MAZUR’S ENSEMBLER become aware of a link to a website with illegal content, www.marilynmazur.com will do everything reasonable to remove the link.
    – As a precautionary measure www.esteam-music.com dissociates itself from the contents of linked websites. This applies to all links and references within the www.esteam-music.com internet offer as well as for external entries, contents of discussion forums, blogs, mailing lists, etc.

  • MARILYN MAZUR’S ENSEMBLER endeavours to protect the copyright of third parties in all internet services and claims all copyrights for any self-created content of its internet pages.
    – Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without MARILYN MAZUR’S ENSEMBLER’s written agreement.

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