Terms of Service
§ 1 Scope and provider
These General Terms and Conditions apply to all orders made by the online shop.subkultura-booking.eu, owner: Nico Reissmann.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions.
The General Terms and Conditions of Business also apply to all companies, even if not explicitly agreed upon. The inclusion of general terms and conditions of a customer, our general terms and conditions
Contradict, is already contradicted.
The contract language is exclusively German.
You can access and print the currently valid terms and conditions on the website http://shop.subkultura-booking.eu/agb/.
§ 2 Conclusion of contract
The merchandise presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation to order goods in the online shop.
By clicking the “Buy” button, you enter a binding purchase offer (§ 145 BGB).
After receipt of the purchase offer you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
A purchase agreement is only concluded if we explicitly declare acceptance of the purchase offer or if we send the goods to you without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages contain the legal VAT and other price components and are subject to the respective shipping costs
§ 4 Terms of payment
The payment is alternatively: in advance or via Paypal.
If you choose the payment method “Prepayment”, we will call you our bank account in the order confirmation. The invoice amount must be transferred to our account within 10 days.
§ 5 Offsetting / Right of Retention
You are only entitled to a right of set-off if your claim has been legally established or is not disputed by us.
You can only exercise a right of retention if your claim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
The goods remain our property until full payment of the purchase price.
If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition:
– We retain ownership of the goods until the complete settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
– You may resell the goods in the normal course of business. In this case, you are already assigning to us all claims in the amount of the invoice amount which will be paid to you from the resale
from. We accept the assignment but you are authorized to collect the receivables. If you do not fulfill your payment obligations properly, we reserve the right to collect claims ourselves.
– In case of connection and mixing of the reserved goods, we shall acquire co – ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items
Time of processing.
We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is our responsibility.
§ 7 Revocation instruction
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), ie you make the purchase for purposes which can not be attributed mainly to your commercial or independent professional activity, you have a right of revocation under the following provisions.
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation you must contact us (Subkultura Booking & Records, Ob der Linden 31, 75223 Niefern-Öschelbronn, E-Mail: email@example.com)
By means of a clear statement (for example, a letter sent by mail or an e-mail) about your decision to revoke this contract.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
When you make this contract, we have paid you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
We can refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you informed us of the cancellation of the contract. The deadline is respected when you send the goods before the end of the period of 14 days.
They bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if this loss in value is attributable to the handling of the goods which is not necessary to check the quality, characteristics and functioning of the goods.
End of revocation
The right of revocation does not exist in the case of delivery of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer, in the case of the delivery of sealed goods which for reasons of health or safety Of hygiene are not suitable for return if their seal has been removed after the delivery or when the sound or video recordings or computer software are delivered in a sealed package if the seal has been removed after delivery.
Please avoid damage and contamination. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer wrapper. If you no longer own the original packaging, please provide adequate packaging to ensure adequate protection against transport damage in order to avoid damages due to defective packaging.
Please write an e-mail to the firstname.lastname@example.org before returning the item. This allows us to assign the products as quickly as possible.
Please note that the conditions set out in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of revocation.
§ 8 Transport damages
If goods with obvious transport damage are delivered, please report such faults immediately to the deliverer and please contact us as soon as possible.
Failure to comply with a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.
§ 9 Warranty
Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).
If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for claims for warranties of used goods is deviating from the statutory provisions
Year. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of which the proper execution of the contract is possible at first and on which the contractual partner may regularly rely (cardinal obligation) As well as for claims due to
Other damages which result from an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
In addition, the statutory provisions apply to the warranty.
If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the legal provisions apply with the following modifications:
– For the quality of the goods are only our own data and the product description of the manufacturer binding, but not public promises and utterances and other advertisement of the manufacturer.
You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Timely forwarding is sufficient to meet the deadline. This also applies to later discovered hidden defects from discovery. The assertion of the warranty claims is excluded in the case of infringement of the obligation to examine and to notify the customer.
– In the event of defects, we make a guarantee by means of subsequent improvement or replacement delivery (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
– If the supplementary performance fails twice, you may, at your discretion, demand a reduction or withdraw from the contract.
The warranty period is one year from date of delivery.
§ 10 Liability
Unlimited liability: We are liable for intent and gross negligence. We shall be liable for slight negligence in accordance with the Product Liability Act as well as in the event of damage resulting from the injury to life, body or health of persons.
Limitation of Liability: In the case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is necessary for the proper execution of the contract and the contractual partner shall be allowed to trust it regularly (cardinal obligation). This limitation of liability also applies to our fulfillment allowances.
§ 11 Final provisions
Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
German law shall apply exclusively to contracts concluded between us and you, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG,
Sales Convention “).
If you are a merchant, a legal person of public law or a public special fund, then all legal disputes arising from or in connection with contracts between us and
These terms and conditions are based on a contract model from HÄRTING Rechtsanwälte.
Alternative dispute resolution pursuant to Article 14 (1) ODR-VO and § 36 VSBG:
The European Commission is providing an online dispute resolution platform (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer sacking agency.