TERMS & CONDITIONS/Revocation
GENERAL TERMS AND CONDITIONS (ONLINE-SHOP)
§ 1 Scope and provider
(1) These general terms and conditions apply to all orders placed with the online shop of
WORLD RECORD COMPANY
Kufsteiner Street 124
83064 Raubling / Germany
Managing Director: Günter Bugl
service hotline: +49 8035 963 6636
...to make a deal.
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.
(4) Contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on our website. The text of the contract will not be saved.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking the button ["Order now for payment" / "buy"] you submit a binding offer to purchase (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we
send the goods to you - without prior express declaration of acceptance. Your request can only be accepted by us up to the point in time at which you can expect to receive the answer under regular circumstances (§ 147 para. 2 BGB). Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
§ 3 Prices
The prices stated on the product pages contain the statutory value added tax and other price components and are exclusive of the respective shipping costs. Further information on the shipping costs can be found on our website under ["Shipping Information" / "Terms of Delivery"].
§ 4 Terms of payment; default
(1) The payment is made by invoice/ prepayment
(2) The selection of the respectively available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods, for example, only advance payment to cover our credit risk.
§ 5 Offsetting / Right of retention
(1) You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) By way of exception, we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part but have not been supplied correctly or in time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, no pledging or transfer of ownership by way of security is permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Revocation instruction
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right of withdrawal, you must
World RECORD COMPANY
Kufsteiner Str. 124 / 83064 Raubling
Phone: +49 8035 963 6636
inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us or to [where applicable the name and address of a person authorised by you to receive the goods] immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functioning.
Sample cancellation form
If you want to cancel the contract, please download,fill out this form and send it back.
World RECORD COMPANY
Kufsteiner Str. 124 / 83064 Raubling
Phone: +49 8035 963 6636
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of paper notification)
(*) Delete as applicable.
End of the cancellation policy
(1) The right of revocation does not apply to the delivery
- of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name),
- sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
- of goods, if after delivery the goods are inseparably mixed with other goods due to their nature.
- of goods, if these were inseparably mixed with other goods after delivery due to their nature,
- of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery
- of newspapers, periodicals or magazines, with the exception of subscription contracts
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3) Please call us at +49 8035 963 6636 to announce the return before returning the goods. In this way you will enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of revocation.
§ 8 Damage in transit
(1) If goods with obvious transport damages are delivered, please complain about such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us will have no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the period of liability for warranty claims for used goods is one year - in contrast to the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as for claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
- In the event of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
- If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. In the case of slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) Otherwise, the following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 11 Alternative Dispute Resolution
(1) The EU Commission has provided a platform for out-of-court dispute settlement. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2) We shall endeavour to settle any differences of opinion arising from our contract amicably. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately we cannot offer you the participation in such proceedings.
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall not be affected.
(2) German law is exclusively applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: [July 2019]
Copyright: HÄRTING Lawyers, www.haerting.de, email@example.com
Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4