General Terms and Conditions of Sale, Delivery and Payment

1. Preamble

The following General Terms and Conditions of Sale, Delivery and Payment shall govern all goods and services performed by ERRORHEAD SHOP (in the following: vender) for the customer. Dissenting agreements only take priority over these terms and conditions, if they were expressly agreed otherwise between the vender and the customer.


2. Signing of the Contract

(1) All products offered by the vender via Internet present a non-binding invitation to the customer to order goods from the vender. By ordering goods from the vender no efficient contract is concluded.

(2) The customer makes a binding offer to sign a contract of sale by ordering goods from the vender.

(3) The vender can accept this offer within 2 calendar days. The vender accepts the offer by sending a confirmation of the order via email. After this time has elapsed the customer’s offer is classified as rejected.

 

3. Shipment

(1) The goods will be dispatched promptly after entire receipt of payment, provided that the goods are disposable in the vender’s storage. The shipment is done worldwide.

(2) The customer will be immediately informed about any delay in delivery, which arises by the reason of vacancy of goods or other problems with the shipment.

(3) In case an article is not available for the short term, the customer will be immediately informed about the approximate time of delivery.

(4) Legal rights of the customer remain unaffected.

(5) Ordering alcoholic beverages is prohibited under the age of 21.

 

4. Cost of Package and Shipping

(1)  All shipping costs are in relation to number and weight of the goods. Shipping within Germany is 2,20€ or more, International shipping costs are 3,95€ or more. 

 

5. Payment and Methods of Payment

(1)   All prices are final and include the value added tax of currently 19%. (Workshops: 7%)

(2)   Goods are only shipped against cash in advance.

(3)   The vender accepts the following methods of payment:

(a)   via Paypal: The customer has to authorise the payment after the contract is concluded by the ingress of the confirmation of the order. The goods will dispatched immediately after the receipt of the full payment.

(b)   via bank-money order: The customer has to authorise the payment after the contract is concluded by the ingress of the confirmation of the order within 7 days on the following bank account:


Owner: Marcus Deml
Account Number: 1015 848 839
Bank ID Number: 200 505 50
Bank Name: Hamburger Sparkasse

IBAN: DE91200505501015848839
BIC: HASPDEHHXXX

The goods will be dispatched immediately after the receipt of the full payment.

In case of a late payment the vender reserves to claim interest of late payment according to the legal regulations.

(5)   In any case the goods remain property of the vendor until the customer paid the full amount.

 

6. Revocation

(1)   Right of Revocation
Within the EU you have the right to revoke the contract within a period of two weeks in written form (i.e. by letter, email, fax) without giving any reason. The period starts soonest at the day after receiving this information, but not prior to the ingress of the goods at your place (in case of recurring goods and services of similar type not prior to the ingress of the partial performance) and also not before we have entirely fulfilled our legal obligations to inform you about your right of revocation.

The contract is revoked in time, if you send the goods within this time period. The declaration of revocation has to be addressed to:


Triple Coil Music 

Sarenweg 162 
22397 Hamburg
Germany

or by mail to: 

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

(2) Legal Consequences of Revocation

If you effectively exercised your right of revocation, both parties have to reimburse the performances and use (e.g. interest) where applicable.

You may have the obligation to pay compensation for the lost value, if you can not or not reimburse the received goods in total or only in a declined condition. This regulation also comprises those impairments, which are generated from the normal utilization of the goods.

Impairments generated by the examination of the goods – how it would have been possible in a retail shop – are excluded from this obligation.

We advise you, that you can avoid the obligation to pay compensation for the lost value, if you treat the goods like foreign property until the end of the period. You should omit anything that could affect the value of the goods and treat them as goods in a retail shop.

The original product has to be intact and undamaged in case of return (protected by another additional packaging), complete and undamaged.

Those goods that can be shipped in a package will be sent back on the risk of the vender.

The customer within Germany must cover the cost of the return if the goods as supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed EUR 40,00 or, if the price of the item is higher, if at the time of cancellation he has not yet paid for it in full or made a contractually agreed part payment. In any other case the return of the goods is free of charge to the customer within Germany.

The cost of the return of goods from outside Germany has to be covered by the customer in any case. Items, which cannot be sent by parcel post, will be collected from the customer.

In accordance with Art. 16 of the EU Consumer Rights Directive, your right of withdrawal is limited nor void when acquiring digital content (eg. audio and video downloads), which are not supplied on a tangible medium once 
  • the client starst with the execution of the download
  • the consumer has expressly agreed to this download before and
  • has noted that he thereby loses his right of withdrawal

 

7. Warranty

(1)   The customer has the obligation to immediately test the received goods for visible deficits. If such a visible deficit reveals, the customer has to inform the vender within 14 days after the ingress of the goods. If he fails to inform the vender, the goods are counted to be approbated by him.

A deficit is visible, if any non-specialised average customer is able to identify it clearly without any specific attention.

(2)   The customer has to inform the vender immediately when he discovers any other deficits. If he fails to do so within the legal periods of limitation, the goods are counted to be approbated.

(3)   There is no right of reparation at the customer’s own discretion. Thus, he may not repair the goods by himself or a third party without having demanded the vender before. If he does so, his warranty rights expire.

 

8. Liability of the Vender

(1)   The vender does not adhere for deficits at the goods, which are generated from wrongful handling, usual wearing down or external man-included event.

(2)   The vender only adheres for intent and gross fault according to the legal regulations. This does not affect the liability for culpable violation against life, body or health. The liability according the „Produkthaftungsgesetz“ remains unaffected.

(3)   The liability also ranges over assistants of the vender.

(4)   Any further liability is excluded regardless of the entitlement. This also applies for assistants of the vender.

 

9. Lapse of Time

(1)   The contractual duty of replacement becomes time-barred after 1 year upon the delivery of the goods.

(2)   Other entitlements become time-barred according to the legal regulations.

 

10. Data Privacy

(1)   The data forwarded by the customer will only be used for the realisation and the processing of the order. The vender treats any data as strictly confidential. The data will only be transferred to a third person (e.g. transportation person), if this is necessary to realise and process the order. The data will be transferred encoded and secured.

(2)   The vender is not liable for the data security during the transfer via Internet (e.g. in case of technical faults by the provider) or for criminal access on data files on the internet content of the vender.

(3)   The customer is obligated to store the access data for the homepage of the vender as strictly confidential. He is not allowed to communicate them to a third person. The vender is not liable for the utilization of these data.

11.   Miscellaneous

(1)   The vender has no influence on distributors concerning the disposability, mode and format of articles.

(2)   The vender will inform the customer, when he is offered a substitute by the distributor.

(3)   The legal rights of customer remain unaffected.

 

11. Validity of the General Terms and Conditions

(1)   The customer accepts these General Terms and Conditions by submitting his quote.

(2)   The invalidity of individual conditions does not affect the validity of the other regulations.

(3)   The German version shall prevail.


June 2016