Conditions of Use
General Terms and Conditions of Business
General Terms and Conditions of Business
§ 1 Scope and provider
(1)
These general terms and conditions apply to all orders placed with the online shop of Bomb-All Records, Managing Director: Mike Bomball
Phone: 0551 50429747
e-mail: shop@bomb-all.com
(2)
Our deliveries, services and offers are exclusively based on these general terms and conditions.
The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of a customer's general terms and conditions of business, which are subject to our general terms and conditions of business
are already being contradicted.
(3)
Contract language is exclusively German.
(4)
You can access and print out the currently valid General Terms and Conditions on the website https://bomb-all.com/shop_content.php?coID=3.
§ 2 Conclusion of contract
(1)
The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2)
By clicking the button "Buy" you submit a binding offer to buy (§ 145 BGB).
(3)
After receipt of the purchase offer you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4)
A sales contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you - without prior express declaration of acceptance.
(5)
The prices stated on the product pages contain the statutory value added tax and other price components and are exclusive of the respective shipping costs.
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.
§ 3 Data protection and information
(1)
A detailed data protection declaration in accordance with the DSVGO can be found in a separate menu item under the GTCs. This explains exactly what data we collect and how long it is stored where.
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2)
By agreeing to the terms and conditions, customers of Bomb-All Records automatically subscribe to the email newsletter, which is usually sent out once a week. This newsletter informs
about the current offer in our shop. The newsletter is free of charge and can be permanently cancelled at any time by clicking on an unsubscribe link.
§ 4 Terms of payment; delay
(1)
Payment is optional: Invoice by advance payment, payment via the private payment service Paypal. In addition, we offer our customers from the 3rd purchase the payment option Sepa direct debit, for this a permanent account in our shop is necessary, for orders as a guest this is not possible.
(2)
If you choose the payment method prepayment, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
(3)
If a Sepa direct debit bursts despite the customer's consent, we reserve the right to charge the costs incurred.
§ 6 Delivery; retention of title
(1)
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2)
The goods remain our property until the purchase price has been paid in full.
(3)
If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
- We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale.
off. We accept the assignment, but you are authorised to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the
Time of processing.
We undertook to release the securities to which we are entitled upon request insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
In order to exercise your right of withdrawal you must notify us (Bomb-All Records, Nonnenstieg 18 / 37075 Göttingen, E-Mail: shop@bomb-all.com, Phone: 0551 50429747 )
inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of withdrawal
If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notified us of the cancellation of the agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to
handling of the goods which is not necessary for testing the nature, properties and functioning of the goods
Sample revocation form
If you wish to cancel the contract, please fill in and return this form
To
Bomb-All Records, Mike Bomball, Groner Landstraße 43, 37081 Göttingen
shop@bomb-all.com
telephone 0551 50429747
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in the case of paper notification):
Date
(*) Delete as appropriate.
End of the cancellation policy
(1)
The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(2)
Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3)
Before returning the goods, please call us at 0203/3630334 to announce the return. In this way you will enable us to allocate the products as quickly as possible.
(4)
Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 Damage in transit
(1)
If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery person and take care of any damage.
(2)
Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
§ 9 Warranty
(1)
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the law on the sale of goods (§§ 433 ff. BGB).
(2)
If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods is one year - notwithstanding the statutory provisions.
This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as claims based on
other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3)
In all other respects, the statutory provisions shall apply to the warranty.
(4)
If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public recommendations and statements and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
- In the event of defects, we shall provide warranty at our discretion either by repair or replacement (subsequent performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless the transfer corresponds to the intended use of the goods.
- If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
The warranty period is one year from delivery of the goods.
§ 10 Liability
(1)
Unlimited liability: We are liable for intent and gross negligence. For slight negligence we are liable in accordance with the Product Liability Act and for damages resulting from the violation of the
life, body or health of persons.
(2)
Limitation of liability: In the case of slight negligence, we shall otherwise only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). This limitation of liability shall also apply in favour of our vicarious agents.
§ 11 Final provisions
(1)
Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
(2)
German law is exclusively applicable to contracts between you and us, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN-
purchase right").
(3)
If you are a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and
to you Göttingen.
