The following text is for informational purposes only. The english version is binding.
General terms and conditions for the online shop of
§ 1 General information and business relationships
1. The following general terms and conditions are valid for the contractual relations established between the seller and the purchaser (hereinafter referred to as “Purchaser”) in the context of the www.sidebyeachrecords.com online shop, of which Alexandra Krings, Steinkopfstraße 7, 51065 Köln (Germany) (hereinafter referred to as “Seller”) is the owner.
2. Contracts may be concluded with consumers as well as with business representatives.
3. A consumer is any natural person who concludes legal transaction for purposes that can mainly be attributed to neither their commercial nor their independent professional activities.
4. In accordance with § 14 BGB (German Civil Code), a business representative is a natural person or legal entity or a legal partnership that concludes legal transactions in the service of their commercial or independent professional activities. A legal partnership is a partnership that has the ability to acquire rights and incur liabilities.
§ 2 Formation of the contract
1. The products, articles and services available for purchase in the context of the online shop of the Seller are not legally binding offers from the Seller; rather they are an invitation from the Seller for the Purchaser to make an offer.
2. After the order has been sent by the Purchaser, the Purchaser shall immediately receive an email confirming receipt of the order. This confirmation is however not an acceptance of the offer in a legal sense, whereby the contract is formed. The contract is created by a separate order confirmation from the Seller.
§ 3 Prices, sales tax, payment
1. All prices are total prices, plus any applicable shipping costs depending on the type of delivery (see § 4) plus any other applicable shipping costs as well as the cost of packaging.
2. The Seller claims the small business regulations of § 19 UStG (German Value Added Tax Act) and therefore has no sales/value-added tax.
3. The Seller offers the following methods of payment: bank transfer (prepayment), PayPal. The Seller provides the Purchaser an invoice for the goods ordered which comes with the goods upon delivery or is sent by post.
§ 4 Deliveries, shipping costs and transfer of risk
1. The delivery (shipment from a shipping company) shall be carried out immediately following receipt of the money transfer or message from PayPal.
2. The terms and conditions of delivery and payment of the Seller are shown in more detail on the order form. The date of delivery can be found in the relevant product description
3. On the last order page before submitting your offer (“Confirm and send order”), you will receive again a general overview of the essential features of the product, the total price of the product and all associated elements such as shipping and packaging.
4. If the Purchaser is a consumer in the sense of § 13 BGB (German Civil Code), the shipping risks are assumed by the Seller exclusively. If the Purchaser is a business representative, the risk passes to the Purchaser as soon as the Seller has delivered the item to the forwarding agent or to the person(s) or institution that is tasked with carrying out the shipping process.
§ 5 Cancellation policy
Cancellation policy and sample cancellation form
The following cancellation policy applies exclusively to consumers (see § 1 of the General Terms and Conditions).
Right of cancellation
You have the right to cancel this contract within 14 days without providing reasons or justification. The cancellation period is 14 days from the day on which you, or a third party named by you that is not the forwarding agent, has taken possession of the product(s).
To exercise your right of cancellation, you must contact us (Alexandra Krings, Steinkopfstraße 7, 51065 Köln (Germany); Tel.: 0176 2038 0681; Email: firstname.lastname@example.org) and provide a clear declaration of your decision to cancel this contract, such as a letter sent by post or an email. You may use the enclosed sample cancellation form; however, this is not mandatory.
To keep the terms of the cancellation period, it is sufficient that your communication informing us of the exercise of your right of cancellation is sent before the expiration of the cancellation period.
Consequences of cancellation
If you cancel the contract, we shall return all payments that we have received from you, including shipping costs (excluding additional costs arising if you choose a type of shipping different from the low-cost, standard delivery offered by us), immediately and at the latest within 14 days from the date on which we received your communication canceling this contract. We shall use the same method of payment for the return payment that you used for the original transaction, unless an alternative arrangement has been expressly agreed upon by the parties. You shall not be charged repayment fees in any case. We can refuse the repayment until we have received the products or until you have provided proof of return shipping, whichever date is earlier. You must return or hand over the products immediately or at the latest within fourteen days of the date on which you informed us of your decision to cancel the contract. The terms of the return period are considered kept if you send back the product(s) before the period of fourteen days has expired. You shall carry the direct cost of returning the goods. You must only pay for any possible loss of value of the goods if this loss of value is caused by unnecessary handling for the purposes of testing the nature, characteristics and functioning of goods.
-End of cancellation policy-
Exclusion of the right of cancellation
The right of cancellation does not apply to contracts
– for the delivery of goods that are not preassembled and for the production of which an individual selection or choice by the consumer was made or if the product is customized for the personal needs of the consumer.
The right of cancellation can be revoked
– for the delivery of audio or video recordings or computer software in a sealed package if the seal is removed after delivery.
Sample cancellation form
If you would like to cancel the contract, please fill out this form and
send it back.
To [Alexandra Krings, Steinkopfstraße 7, 51065 Köln (Germany); email: email@example.com]:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of
The following product(s) (*)/ the provision of the following services (*).
– Ordered on (*)/ received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
§ 6 Reservation of ownership
The Seller reserves ownership of the goods until full payment of the purchase price has been received.
§ 7 Product liability
Product liability laws apply to our goods.
§ 8 Further obligations of information for distance contracts and contracts for electronic commerce
1. Technical steps to conclude contracts/process orders
Press the “Add to cart” button to select the products you wish to order. This will send your selections to the shopping cart. You can change the selection any time until you submit your order by changing the number of items of the products or by deleting the selection and canceling the ordering process. Clicking on the “Proceed to checkout” button takes you to the next step of the ordering process. Next, enter your Purchaser data. Your data is collected, processed and used in compliance with the provisions of the data protection regulations. Your data is not used for any other purpose or disclosed to third parties. Select the payment method. Please read the General Terms and Conditions and the Cancellation Policy carefully. You can only proceed with the order after you have agreed to the General Terms and Conditions under the cancellation policy (check the box). Clicking on the “Next” button takes you to the next step of the ordering process. You will then receive an overview of your order. To send your order to us, click on the “Confirm and send order” button. You have now submitted a legally binding offer.
2. Storage of the text of the contract following conclusion of the contract and accessibility for the Purchaser.
The text of the contract and your order details are stored by the Seller. After you have carried out and completed your order, you will receive an order confirmation, which includes all the information pertaining to your order. Furthermore, you can also print out the contract using the print function on your browser. Your order data is also included in the email sent to you separately. The Seller shall also send the terms of the contract by email to the Purchaser upon request.
3. The possibility of correcting input errors
You can correct the data you have entered at any time before your order is submitted. This can be done using the “Back” button or with the “back” arrow of your Internet browser. Corrections can be made in the existing input fields on the individual offer pages. The products can also be updated in the virtual shopping cart and individual products can be deleted. These correction options are possible until your legally binding offer has been submitted by pressing the “Confirm and send order” button.
4. Language of the contract
The language of the contract is exclusively German.
5. Codes of conduct
The Seller is not subject to any relevant codes of conduct.
6. Order confirmation
After the offer has been submitted by the Purchaser, the Purchaser shall receive a confirmation email.
7. Complaints and warranties
Complaints, in particular warranty claims, shall be directed to the Seller.
8. Essential characteristics of the products
Essential characteristics of the products can be found in the article description. This also applies to the period of validity of any temporary offers.
§ 9 Data protection notice
a) The collection, storage, modification, transmission, blocking, deletion and use of your personal data is carried out in compliance with the applicable data protection regulations.
b) Transfer of your personal data to third parties is exclusively carried out with the service partners involved in the conclusion of the contract, e.g. the credit institution commissioned with payment processing and the logistics company charged with delivery. The scope of the data transferred is limited to the required minimum in cases where your personal data is transferred to third parties.
c) By concluding the contract, you agree to the processing and use of your personal data (e.g. address) in accordance with the above regulations. However, you have the option of revoking this use without incurring charges other than the transmission costs according to the basic rates.
d) According to the German Federal Data Protection Act, you have the right to information concerning your stored data free of charge and, if applicable, the right to correct, block or delete this data. We ask that you send relevant requests to the address listed in the provider identification. If the personal data stored by the provider about your person is incorrect, it shall be corrected immediately upon receipt of the relevant information from you.
e) Data protection is guaranteed by the German Federal Data Protection Act. Usage is therefore only permissible if allowed by the German Federal Data Protection Act or a legal provision or if the person concerned agrees.
§ 10 Alternative dispute settlement pursuant to Art. 14 para. 1 ODR -VO (German Directive on Out-Of-Court Dispute Resolution) and § 36 VSBG (German Consumer Dispute Settlement Act):
The European Union has created an online platform (“OS platform”) that you can contact for the out-of-court settlement of consumer disputes. The OS platform is intended as a starting point for out-of-court dispute settlement concerning contractual obligations that arise from online purchase contracts. You can access the platform here: http://ec.europa.eu/consumers/odr/
We are not obliged nor are we willing to participate in dispute settlement proceedings before a consumer arbitration body.
§ 11 Final provision
The contractual relationship between the Seller and the Purchaser and the respective terms and conditions are subject to the laws of the Federal Republic of Germany. Purchasers whose habitual residence is located in another country can also rely on the laws of the country in which they reside, independent of a specific choice of law.