(valid from Januar 2, 2019)
KlangRaum.Onlineshop der neuen Avantgarde
§ 1 Scope p>
(1) The present terms and conditions apply in the respective version valid at the time of conclusion of the contract for all purchases, sales and other business relationships between the Verlag Positions: KlangRaum.Onlineshop and his Customers, if these business relationships are realized electronically.
(2) These general terms and conditions are exclusively valid, contradictory or deviating from our terms and conditions of the customer can not be accepted, unless the Publisher Positions: KlangRaum.Onlineshop has agreed to this in individual cases in writing.
§ 2 Conclusion of the contract p>
(1) The description of our product assortment on the web pages of the KlangRaum.Onlineshop is for the information of the customer only. This is not an offer to conclude a contract within the meaning of § 145 German BGB. Contractual obligations, for example in the sense of a delivery guarantee, thereby arise for the Verlag Positions: KlangRaum.Onlineshop not yet.
(2) By submitting an order to the KlangRaum.Onlineshop , the customer submits an offer to conclude a contract. The publisher can accept this offer within two weeks by sending an order confirmation (by e-mail) or by sending the ordered goods within this period. Should individual details of the assortment on the website be incorrect, then the customer will be informed separately after receipt of the order and will get a corresponding counter-offer by KlangRaum.Onlineshop p>
§ 3 Prices p>
For every order, the prices displayed on the Internet on the day of the order apply. Postage costs will be charged including a shipping and handling fee and displayed to the customer when ordering on the Internet.
§ 4 Right of Withdrawal of the Customer p>
(1) The customer is entitled to revoke his declaration of intent to conclude the contract within two weeks after receipt of the goods by returning the goods to the KlangRaum.Onlineshop . For the preservation of the deadline, the timely dispatch of the goods is sufficient.
(2) The cost of returning the goods shall be borne by the customer.
(3) In the case of cancellation, the KlangRaum.Onlineshop pays back an already paid purchase price to the customer. From this purchase price, the return costs paid by the KlangRaum.Onlineshop will be deducted. For repayments abroad, the transfer fees will also be deducted.
(4) In the case of significant deterioration or loss of the goods, the customer shall, in the event of his revocation, replace the corresponding impairment or loss the KlangRaum.Onlineshop . If the customer has already paid the purchase price, the KlangRaum.Onlineshop is entitled to deduct the depreciation from the repayment amount.
(5) The right of revocation is excluded in the following cases: a) in the case of contracts for the supply of audio or video recordings, provided that the delivered data carriers have been unsealed by the customer; b) for downloaded products and c) in the case of contracts for other deliveries for which a right of withdrawal has expressly been excluded. p>
§ 5 Delivery p>
1) The KlangRaum.Onlineshop will deliver the ordered goods as soon as possible, usually within three working days, to the address specified by the customer in the order. The KlangRaum.Onlineshop is entitled to partial deliveries. (2) Information on delivery times are not binding unless expressly agreed otherwise. p>
§ 6 Retention of title p>
Until the complete settlement of all claims existing against the customer, the delivered goods remain the property of the KlangRaum.Onlineshop p>
§ 7 Due date and payment of the purchase price p>
(1) The purchase price is due upon conclusion of the contract. (2) Payment is either by direct debit (only in Germany), on account (only in Germany) or credit card via Paypal. The KlangRaum.Onlineshop will follow the wishes of the customer with regard to these payment methods. (3) If the customer is in default, the KlangRaum.Onlineshop is entitled to charge default interest i.H.v. 5% p.a. above the base interest rate pursuant to § 1 of the Discount Rate Reconciliation Act of 9 June 1998 (Federal Law Gazette I p. 1242). (4) The customer is only entitled to offset if his counterclaims are legally established. p>
§ 8 Warranty and Liability p>
(1) The KlangRaum.Onlineshop is liable for any defects that exist during the delivery of the goods during the statutory warranty period.
(2) The warranty period for antiquarian articles as well as facsimiles and originals is twelve months.
(3) The customer initially has the choice whether the supplementary performance shall be effected by repair or replacement. However, the KlangRaum.Onlineshop is entitled to refuse the type of supplementary performance chosen by the purchaser if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the purchaser. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the purchaser are excluded. A remedy shall be deemed unsuccessful with the unsuccessful second attempt, if not otherwise, in particular, the nature of the thing or the defect or other circumstances, otherwise. If the supplementary performance has failed or if we have refused supplementary performance as a whole, the purchaser may, at his discretion, demand a reduction of the purchase price (reduction) or declare the withdrawal from the contract.
(4) The purchaser can only assert claims for damages for the following conditions due to the defect if the supplementary performance has failed or if the KlangRaum.Onlineshop has refused subsequent performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
(5) The KlangRaum.Onlineshop shall be liable without prejudice to the above provisions and the following limitations of liability for damage to life, limb and health, which are based on a negligent or intentional breach of duty of our legal representatives or vicarious agents, as well as for damages, which are covered by the liability under the Product Liability Act, as well as for all damages that are based on intentional or grossly negligent breaches of contract as well as malice, our legal representatives or our vicarious agents. Insofar as we have given a quality and / or durability guarantee with regard to the goods or parts thereof, we are also liable under this guarantee. However, we are only liable for damages that are due to a lack of guaranteed quality or durability, but do not directly affect the goods, if the risk of such damage is clearly covered by the guarantee of quality and durability.
(6) The KlangRaum.Onlineshop is also liable for damages caused by simple negligence, insofar as this negligence relates to the violation of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and foreseeable. Incidentally, we are not liable for simple negligent breaches of non-essential secondary obligations. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for legal representatives, executive employees and other vicarious agents is affected.
(7) Further liability is excluded, irrespective of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents. P>
§ 9 Final Provisions p>
(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).
(2) Should individual provisions of the contract be or become ineffective, the validity of the contract and of these general terms and conditions shall remain unaffected.
By placing an order, you agree to these terms.