General Terms and Conditions of dresden concerts music GmbH
1. General, scope
The following General Terms and Conditions (GTC) apply to all distance contracts between you as a customer and the dc musicshop, operated by dresden concerts music GmbH. The version of these General Terms and Conditions, which is valid at the time of conclusion of the contract, is decisive.
2. Formation of the contract
The presentation of articles on our website: http://www.dc-musicshop.de/ does not constitute an offer, but a non-binding invitation to you to purchase the products presented therein from us. Your order for the product you have selected via the shopping cart on our website is a legally binding offer to conclude a purchase contract. Immediately after completion of the ordering process, you will receive a confirmation by e-mail of receipt of the order. However, this order confirmation is not yet the legal acceptance of your offer. Only by shipping the goods you have ordered to you will we accept your offer.
3. Right of withdrawal, revocation instruction
a) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall begin when the consumer orders several goods within the framework of a single order and the goods are delivered separately as soon as the consumer or a third party designated by him, who is not a carrier, has received the last goods.
In order to exercise your right of withdrawal, you must contact us, dresden concerts music GmbH, represented by the Managing Director Markus Arnold, Carrierastraße 11-13, 01139 Dresden, Fax 0351 821 472 62, e-mail address: firstname.lastname@example.org, by means of a clear statement (e.g. such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. In order to respect the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period.
b) Consequences of revocation
If you withdraw from this contract, we will provide you with all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your being offered a type of delivery other than the cheapest one offered by us. standard delivery) without delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will we charge you any fees for this repayment.
br> We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You bear the direct cost of returning the goods. The cost is estimated at a maximum of around EUR 6.90.
You only have to pay for any loss in value of the goods if this loss in value is due to a handling of them that is not necessary for checking the nature, characteristics and functioning.
4. Availability, delivery date and transfer of risk
For all products shown in our web shop, we provide specific information on availability or delivery date. Nevertheless, we have to reserve self-delivery for some items that we do not keep in stock. In case of delivery delays, you will be informed immediately. In the event of final unavailability, any advance payments already made will be permitted without delay. The risk of accidental loss or accidental deterioration of the purchased goods passes to you when the goods are handed over to you as a customer when the goods are handed over. The handover is the same if you are in default with the acceptance. Should your order be delivered to you with obvious damage to the packaging or the contents, we kindly ask you to complain to the freight forwarder/freight service immediately, refuse acceptance if necessary and to contact us as soon as possible. so that we could have our rights over the freight forwarder/freight service. If you have any hidden defects, please also let us know after your discovery. Your warranty rights as a customer of our company remain, of course, unaffected.
5. Payment and shipping
The prices valid on the order date apply. All prices are gross prices in euros and include VAT (from the current 19 and 7 with a reduced VAT rate, respectively). The used products offered in our web shop may be subject to the difference tax in accordance with Section 25a uStG, so that we cannot report VAT separately in these cases. In the case of the shipment sale, the price is plus. Shipping. You are only entitled to set-off rights if your counterclaims are legally established, undisputed or acknowledged by us. We ship goods purchased from you within a delivery period of generally two to three working days after delivery of the goods to the forwarding agent. If, due to the weight or size of the items, the delivery is made as bulky goods via a forwarding agent, the details, including the costs, will be agreed with you by telephone. We expressly point out in the individual articles if the goods are bulky. We would like to point out that both the standard shipment and the bulky goods are shipped to the first door and that the installation/assembly is carried out by you. You can pay for the items ordered from us by prepayment or from the 2nd order and with appropriate creditworthiness by invoice. You will receive an electronic message stating the amount to be paid and our bank details. By crediting your payment to our account, the ordered items will be sent to you.
We kindly ask you to report obvious defects of the goods to you within two weeks of receipt of the goods. However, your warranty rights remain unaffected by this. In principle, the statutory warranty period applies. We would like to point out that for second-hand items sold by us, the warranty period is shortened to one year from delivery of the goods to you. The one-year warranty period does not apply if gross negligence can be blamed on us, as well as in the case of damage to our sin or care and loss of life. We make it clear that when making warranty claims, you must provide us with the claimed items for examination, at our discretion by returning them to us or to a third party designated by us. In this case, please contact us by phone at (+49 (0) 351 / 82147261) from Monday to Friday from 9 a.m. to 6 p.m. to arrange the next course of action. If you refuse to cooperate, we are exempt from our obligation to guarantee. Otherwise, the legal provisions apply. We make it clear that we do not give you any guarantee in the legal sense.
7. Limitations of Liability
Our liability as well as that of our vicarious agents shall be limited to the foreseeable, typical direct average damage in the event of slightly negligent breaches of duty. We and our vicarious agents shall not be liable for slightly negligent breaches of non-contractual obligations, the violation of which does not jeopardise the performance of the contract. The above limitation of liability does not apply to any body and health damage or loss of your life attributable to us. We are also only liable for our own content on the website of our online shop. Insofar as we allow access to other websites with hyperlinks, we are not responsible for the third-party content contained therein. We do not take ownership of the external content. If we become aware of illegal content on external websites, we will immediately block access to these pages.
8. Retention of title
We reserve the title to the goods delivered by us until the purchase price has been paid in full. For enforcement measures of third parties in our reserved goods, you must inform us immediately by handing over the necessary documents for an intervention. This also applies to impairments of any other kind. In addition, you are obliged in advance to inform third parties of the existing rights to the objects supplied by us.
9. Data protection
We collect, process and use your recorded data only in accordance with the provisions of the Federal Data Protection Act and the Telemedia Act. The collection, processing and use of personal data for marketing purposes requires your prior consent. You have the option to give this consent before declaring your order. You have the right to revoke your consent at any time with effect for the future.
10. Final provisions
The application of un-sales law is excluded. German Law applies. Should individual provisions of these terms and conditions or the contract concluded with you be or become ineffective in whole or in part, the validity of the remainder of the contract shall not be affected by this. Any ineffective provision will be replaced by the relevant statutory provisions. If the customer does not have a general place of jurisdiction in Germany or any other EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.