General Terms and Conditions of Trade
1. Supplier, Inclusion of general terms
a) The supplier and contractual partner for the goods presented under “www.rough-recordings.com/shop” is
Hoelzel & Napolitano GbR c/o Rough Recordings
70193 Stuttgart | Germany
(hereinafter referred to as “provider”).
b) These terms and conditions are part of every contractual agreement between the supplier and the respective customer. Any conflicting terms and conditions of the customer will be contradicted.
2. Quotation and Order
a) The provider offers the goods shown in his online shop for sale. The color representation of the articles on the website may vary slightly depending on the Internet browser used and monitor settings of the customer; These deviations are technically never completely avoidable.
b) Selection of goods, conclusion of contract and contract execution are in English.
c) The orderer selects the desired product by placing it in the shopping cart. The shopping cart summarizes all goods selected for an order. The order request can finally be transmitted via the button “Add to cart” to the provider. The ordering party has until the sending of his order request at any time the opportunity to view the data specified in the order and to change or cancel the order altogether.
d) For the goods shown in the shop of the provider, the provider makes a binding offer. By sending the order request via the button “Proceed to PayPal or Place Order” the buyer accepts the purchase offer. The provider confirms the contract by e-mail (contract confirmation).
e) The content of concluded contracts is stored by the provider and sent to the purchaser by e-mail in the contract confirmation.
f) In the case of delivery obstacles or other circumstances that would prevent the fulfillment of the contract, the provider informs the purchaser by e-mail.
3. Prices and Payment
a) All product prices are final prices plus shipping costs. The fees include 19% sales tax.
b) The shipping costs are listed in the respective product description.
c) The provider delivers at the option of the purchaser against payment in advance by bank transfer, prepayment by PayPal payment or advance payment by credit card payment according to the following conditions:
- For the payment against “bank transfer” the orderer receives the bank connection of the offerer together with the contract confirmation.
- For the payment method “PayPal”, the customer first on an external website of PayPal S.a.r.l. where the customer indicates his PayPal data and thereby causes the payment.
- The customer may alternatively use a VISA or MasterCard credit card for prepayment. For their payment, the provider has the Stripe, Inc. (short “Stripe”) instructed and authorized to receive money. The orderer is directed to a page set up by Stripe, where he can initiate the payment. Insofar as the purchaser is offered further payment options (for example, Sofortüberweisung, Maestro), these are processed in a corresponding manner via Stripe.
d) For the payment of the purchase price is a period of one week from receipt of the contract confirmation. The vendor places the desired goods back for the customer during the period of payment. It is the purchaser’s responsibility to effect payment in good time so that it will be received by the provider within the deadline. The provider reserves the right to withdraw from the contract of sale and sell the goods elsewhere if the payment has not been received by the deadline. Any payment received by the purchaser after the resignation will be refunded to the purchaser.
4. Shipping and Delivery
a) The supplier delivers the goods within 4 – 7 working days from payment.
b) Several simultaneously ordered products are delivered in a common shipment; For the joint shipment, the delivery time of the product with the longest delivery time applies. If the customer wishes to deliver a specific product in advance with a shorter delivery time, he must order this product separately.
c) If the delivery to the orderer fails because the orderer has given the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the orderer bears the costs for the reshipment. The renewed shipping costs correspond to the shipping costs agreed upon conclusion of the contract. The supplier will inform the customer of the required costs of a new delivery by e-mail. A new dispatch takes place only after receipt of payment of these costs.
5. Consumer right of withdrawal
An orderer, who buys as a consumer, is entitled to a right of withdrawal according to the legal conditions. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
a) The warranty rights of the customer are based on the general statutory provisions, unless otherwise stated below. For damages claims of the customer against the provider, the regulation in § 6 of these terms and conditions applies.
b) The limitation period for warranty claims of the customer is 2 years for consumers of newly manufactured items, and 1 year for used items. Compared with entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages of the customer due to a violation of life, body, health as well as for claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier has to give the customer the thing free of material and legal defects and to give the property to her. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. With respect to entrepreneurs also excluded from the shortening of the limitation period is the right of recourse under § 478 BGB.
b) A guarantee is not explained by the offerer.
a) The provider collects and processes the data entered by the purchaser in the course of his purchase for the purpose of contract processing and fulfillment. These include, in particular, the name, address and e-mail address of the purchaser, as well as the company data you provided. As far as the customer has specified further data in the context of his order (for example, a different delivery address or a telephone and / or fax number), these are also transmitted.
b) The provider electronically processes the data referred to in paragraph 1 for the proper fulfillment of the contract, in particular for the dispatch, invoicing and booking of payments. For the purpose of shipping, the provider may also provide the name and address of the orderer to the commissioned shipping company.
c) The provider keeps the data stored until all mutual claims from the order have been completely settled and the commercial and tax-law retention obligations for the provider have expired.
d) The purchaser may request information from the provider at any time about the data that he has stored about the purchaser. Furthermore, the purchaser may at any time request the correction of incorrect data.
e) Responsible body for data protection is the provider named in § 1 (1).
8. Final provisions
Should individual provisions of these terms and conditions prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.