§ 1 General Provisions:
(1) The following terms and conditions apply to the contracts you conclude with us as a provider (La-Pistola-Records) via the website http://www.la-pistola-records.com. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
(2) Consumer within the meaning of the following rules shall be any natural person who enters into a legal transaction for purposes which can not be attributed predominantly to either his or her commercial or self-employed occupation. Entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his or her own professional or commercial activity when a legal transaction is concluded.
§ 2 Conclusion of Contract:
(1) The object of the contract is the sale of used articles from the media sector.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer for the conclusion of a contract.
(3) You can place a binding order through our online shopping basket system.
(4) The goods intended for purchase are placed in the "shopping basket". Via the navigation bar, you can call the "shopping basket" and make changes at any time. After completion of the page "shopping basket" and the entry of the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
Before submitting the order, you have the possibility to check and change all the information again by going to the "back" function of the Internet browser or canceling the purchase.
By sending the order via the "Buy" button, you submit a binding offer. First, you will receive an automatic e-mail about the receipt of your binding order.
(5) Acceptance of the order shall be notified by e-mail with immediate written confirmation. The order confirmation is contained within this e-mail.
(6) Since the processing of the order takes place by e-mail, we ask you to ensure that the e-mail address you have entered is correct and the receipt of the e-mails is technically ensured and is not prevented by SPAM filters. Our e-mail system is automated.
§ 3 Right of retention, Reservation of proprietary rights
(1) You can only exercise a right of retention, insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) The statutory provisions apply.
(2) In the case of used goods, the warranty period is one year from delivery of the goods. The one-year warranty period does not apply to damages attributable to us caused by the injury to life, body or health and gross negligence or deliberate damage or misrepresentation of the supplier, as well as to recourse claims according to §§ 478, 479 BGB.
§ 5 Liability
(1) We are fully liable for damage resulting from injury to life, body or health, in all cases of intent and gross negligence, in case of malicious concealment of a defect, in case of assumption of the guarantee for the condition of the purchased item, in case of damage according to the Product Liability Act and in All other legally regulated cases.
(2) If material contractual obligations are affected, our liability in case of slight negligence is limited to the foreseeable damage typical for the contract. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose infringement would jeopardize the attainment of the purpose of the contract as well as obligations imposed by the contract on the contract content in order to achieve the purpose of the contract; and to which you may regularly rely.
(3) In the case of infringement of insignificant contractual obligations, liability for negligent breach of duty is excluded.
(4) The data communication via the Internet can not be ensured without errors and / or at any time, according to the current state of the art. We do not accept liability for the continuous or uninterrupted availability of the website and the offered services.
§ 6 Place of jurisdiction, Place of performance, Choice of jurisdiction:
(1) German law applies. In the case of consumers, this choice of law is only valid insofar as the protection afforded by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn (favourability principle).
(2) The place of fulfillment for all services arising from the business relationships in which we are based, as well as the place of jurisdiction, shall be our registered office, insofar as you are not a consumer but a merchant, a legal person of public law or a public special fund.
The same applies if you do not have a general court of jurisdiction in Germany or the EU, or if the place of residence or habitual residence is not known at the time the action is brought.
The power to also bring the court to another legal court remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are not expressly applicable.
Imprint of the management:
Tel.: +49 (0) 30 30/609 875 61
Tax number: 18/390/00780
Owner: Christiane Koenig
Website Administrator: Christian Spors
Development: John Andert
2. The contract shall be concluded by means of the technical steps, the conclusion of the contract itself and the corrective measures, in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contractual language, Saving of contract data
3.1. The contractual language is German.
3.2. The contract text is stored by us and can be viewed and printed at any time. After receipt of the order, the order data will be sent to you again by e-mail.
5. Prices and payment terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices.
5.2. The shipping costs are not included in the purchase price. These can be called up via a corresponding button on our website will be indicated separately in the course of the ordering process and will be charged additionally to you
5.3. The payment methods available to you are indicated under a correspondingly designated button on our Internet presence or in the respective article description.
5.4. The payment claims are due immediately upon conclusion of the contract.
6. Delivery terms
6.1. The delivery terms, the delivery date and, if applicable, existing delivery restrictions can be found in your "customer account". For guest orders it is also possible to obtain the necessary information about the ordering process. Upon receipt of the order confirmation, you will find a link to track the necessary information at the end of the page.
6.2. As far as you are a consumer, it is legally regulated that the risk of the accidental loss and accidental deterioration of the sold goods during the dispatch only passes with the delivery of the goods to you, irrespective of whether the dispatch is insured or uninsured. This does not apply if you have assigned a transport company not designated by the seller, or a person appointed otherwise to carry out the shipment.
7. Right of revocation and Customer service power of revocation
7.1 Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The revocation period shall be fourteen days from the date.
In the case of a combination of several alternatives, the last point of time is decisive.
In order to exercise your right of revocation, you must inform us (La Pistola Records, Christiane Koenig, Postfach 35 02 08 10211 Berlin, Tel.: +493060987561, info@la¬pistola¬records.com) by means of a clear statement of your decision to revoke this contract. (e.g. via a letter sent by post or e-mail)
You can use the sample return form, however this is not required.
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.
7.2 Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the 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 that you have used in the original transaction, unless we have expressly agreed otherwise; In no case will you be charged for these repayment fees.
We can refuse the refund until we have the goods back.
You must immediately return the goods to Christiane Koenig, La Pistola Records, or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract.
7.3. Out-of-court dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found here: http://ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform for the settlement of their disputes.
7.4 The address for returning the goods
The address for the return of the goods will be communicated to you upon revocation in the form of e-mail or letter.
The deadline is respected if you send the goods before the end of the deadline of 14 days.
You will bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss in value is attributable to a handling which is not necessary for the examination of the characteristics, characteristics and functioning of the goods.
End of revocation
8. Legal Defects liability law for goods
8.1. The defect liability for our goods is governed by the "Warranty" clause in our General Terms and Conditions (Part I).
8.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage and to notify this as soon as possible to the freight forwarder.
Failure to do so will have no effect on your statutory warranty claims.