I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts which you conclude with us as a provider (Marks-Matthes-Pfeil-Wessels GbR) via the website www.dunkelzifferrecords.de. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
(2) Consumers within the meaning of the following rules shall be any natural person who concludes a legal transaction for purposes which can not be predominantly attributable to their commercial or self-employed activities. Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
§ 2 Condition of the contract
(1) The object of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer for the conclusion of a contract.
(2) You can submit a binding purchase offer (order) via the online shopping basket system. In this case, the goods intended for purchase are stored in the "shopping basket". You can call up the "shopping cart" and make changes at any time by clicking on the corresponding button in the navigation bar. After entering the "Cash" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Before sending the order, you have the possibility to check, change (also via the function "back" of the internet browser) or cancel the purchase. By submitting the order via the "order to pay" button, you submit a binding offer to us.
(3) Acceptance of the offer (and thus the conclusion of the contract) shall take place immediately after the order by confirmation in text form (e-mail for example) confirming the execution of the order or delivery of the goods (order confirmation). If you have not received an appropriate message, you are no longer bound to your order. If this is not the case, the services already rendered are immediately refunded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address that you have provided with us is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Liability
(1) We are fully liable for damage resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of malicious concealment of a defect, assuming the guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) Liability for deficiencies within the scope of the statutory warranty depends on the corresponding regulation in our customer information (Part II).
(3) Insofar as essential contractual obligations are concerned, our liability in case of slight negligence is limited to the contract-typical foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose infringement would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the content of the contract in order to achieve the purpose of the contract And to which you may regularly rely.
(4) In the event of violation of insignificant contractual obligations, liability for negligent breach of duty is excluded.
(5) According to the current state of the art, data communication over the Internet can not be guaranteed without errors and / or at any time available. We do not accept liability for the continuous or uninterrupted availability of the website and the offered services.
§ 5 Choice of law, place of fulfillment, court of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law is only valid insofar as the protection afforded by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn (favorable principle).
(2) The place of fulfillment for all services arising from the business relations and court of jurisdiction with which we are based is our registered office, insofar as you are not a consumer but a merchant, a legal person of public law or a public special fund. The same applies if you do not have a general court of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The power to also bring the court to another legal court remains unaffected.
(3) The provisions of the UN purchase law are not expressly applicable.
II. Customer information
1. Identity of the seller
30167 Hannover, Germany
The European online dispute settlement platform ("OS platform") will be available on the "Your Europe" portal (http://europa.eu/youreurope/citizens/index_de.htm), after being made available by the EU Commission.
2. Information on the condition of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract and the corrective measures are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally required information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. Main characteristics of the goods or service
The essential characteristics of the goods and / or service can be found in the article description and the supplementary information on our website.
5. Prices and terms of payment
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. All information on the goods and prices are non-binding. The indicated price is the total price plus shipping costs. According to § 19 UStG, no sales tax is levied (small busines owner status) and thus not shown in the invoice.
According to §1 Abs. 2 PangV we are obliged in the online shop to the notice that all prices include the statuatory value added tax. However, in the item description, we point out that the value added tax is not shown in the invoice due to the small business status according to §19 UstG.
5.2. The shipping costs are not included in the purchase price. You are informed about a correspondingly indicated button on our Internet presence or in the respective article description can be stated separately in the course of the ordering process and are to be borne by you in addition, as long as the delivery-free delivery is not allowed.
5.3. The payment methods available to you are indicated under a correspondingly designated button on our Internet presence or in the respective article description.
5.4. Unless stated otherwise in the individual methods of payment, the payment claims arising from the concluded contract shall be payable immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective article description.
6.2. As far as you are a consumer is legally regulated that the risk of the accidental loss and accidental deterioration of the sold thing during the dispatch only passes with the delivery of the goods to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have assigned a transport company not designated by the entrepreneur, or a person appointed otherwise to carry out the shipment.
7. Statutory right of deficiency
7.1. There are statutory liability for defects.
7.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage and to notify us as soon as possible to the freight forwarder. Failure to do so will have no effect on your statutory warranty claims.