General terms and conditions with customer information

Table of content

  1. Scope
  2. Conclusion of contract
  3. Cancellation terms
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Redeeming promotion vouchers
  10. Applicable law
  11. Place of jurisdiction
  12. Alternative dispute resolution
  13. Booking with cooperation partners

1) Scope

These General Terms and Conditions (hereafter “GTC”) of Drums Alive® UG (haftungsbeschränkt), (hereafter “Seller”), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

Consumer in the sense of these GTC is each natural person, who concludes a legal transaction for purposes, which can be added predominantly neither their commercial nor their independent vocational activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail, post or via an online contact form.

The seller can accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract shall come into existence at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the dispatch of the offer by the customer and shall end on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address.

In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Cancellation terms for customer

1. Cancellation terms
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day the contract is concluded.
In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear declaration (e.g. by post, fax or e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation.

2. Consequences of the cancellation
If you revoke this Agreement, we will refund to you all payments we have received from you under this Agreement immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices which include statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the order volume exceeds the stated order volume. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction. The seller further reserves the right to carry out a credit check when selecting the payment method invoice purchase and to reject this payment method in the event of a negative credit check.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer.

5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the consignment if the customer exercises his right of revocation effectively. If the customer effectively exercises his right of revocation, the provision of the seller’s revocation policy shall apply to the costs of returning the goods.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally not pass to the customer or a person authorized to receive the goods until the goods have been handed over. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the carrier, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously designated this person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

6) Rentation of title

6.1 With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

6.2 The seller reserves the right of ownership of the delivered goods vis-à-vis entrepreneurs until the complete settlement of all claims arising from an ongoing business relationship.

6.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns in advance to the seller all resulting claims against third parties in the amount of the respective invoice value (including value added tax). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected by this. However, the seller shall not collect the claims as long as the customer meets his payment obligations towards the seller, does not default on payment and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty)

If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this applies:

7.1 If the customer acts as an entrepreneur, the seller has the choice of the type of supplementary performance; in the case of new goods, the limitation period for defects is one year from the passing of risk; in the case of used goods, the rights and claims due to defects are generally excluded; the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer is acting as a consumer, the following clause shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after one year from delivery of the goods. Defects which occur within one year of delivery of the goods can be asserted within the statutory period of limitation.

7.3 The limitations of liability and shortening of time limits regulated in the above clauses shall not apply.
for items which have been used for a building in accordance with their usual use and which have caused its defectiveness,
for claims for damages and reimbursement of expenses on the part of the customer, and
in the event that the Seller has fraudulently concealed the defect.

7.4 In addition, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected for entrepreneurs.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB (German Commercial Code). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual warranty claims.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds whatsoever
in the case of intent or gross negligence, in the case of intent or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise agreed,
due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the observance of which the customer may regularly rely on.

8.3 Any further liability on the part of the Seller is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redeeming promotion vouchers

9.1 Vouchers which are issued free of charge by the seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the customer (hereinafter “Promotion Vouchers”) can only be redeemed in the online shop of the seller and only within the specified period.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent invoicing is not possible.

9.4 Only one promotion voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotion voucher or will be indicated accordingly. Any remaining credit will not be refunded by the seller.

9.6 If the value of the Promotion Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The credit balance of a Promotion Voucher will not be paid in cash or interest will not be paid on it.

9.8 The Promotion Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotion Voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of power of representation of the respective owner.

10) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

 

 

 

Zur Durchführung von Drums Alive® Aus- und Fortbildungen bedient sich die Drums Alive® UG verschiedener Kooperationspartner. Für die Buchung dieser Veranstaltungen über die Partner gelten die jeweiligen AGB´s des Kooperationspartners.
Deutscher Turnerbund – https://www.dtb-akademie.de/kontakt/agb
Europäische Sportakademie – https://www.esab-brandenburg.de/agb/
MFZ Leipzig – https://www.esab-brandenburg.de/agb/
MFZ Hannover – https://www.mfz-hannover.de/agb.php
MFZ Ludwigsburg – http://www.mfz-ludwigsburg.de/agb-widerrufsrecht/

11) Place of jurisdiction

If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.

12) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

13) Booking with cooperation partners

Drums Alive® UG makes use of various cooperation partners for Drums Alive® training and further education. For the booking of these events via the partners the respective AGB´s of the cooperation partner is valid:

Deutscher Turnerbund – https://www.dtb-akademie.de/kontakt/agb
Europäische Sportakademie – https://www.esab-brandenburg.de/agb/
MFZ Leipzig – https://www.esab-brandenburg.de/agb/
MFZ Hannover – https://www.mfz-hannover.de/agb.php
MFZ Ludwigsburg – http://www.mfz-ludwigsburg.de/agb-widerrufsrecht/

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