General terms and conditions and customer information
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Andreas Freier) via the website www.suzyq-records.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart” You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button “Checkout” or “Continue to order” (or similar designation) and entering the personal data and the payment and shipping terms, the order data is finally displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before submitting the order, you have the option to review the information in the order overview, change (also via the “back” function of the Internet browser) or cancel the order.
By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with obligation to pay”, “pay” / “pay now” or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via “PayPal” / “PayPal Checkout
If you select a payment method that is offered via “PayPal” / “PayPal Checkout”, the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”) The individual payment methods via “PayPal” will be displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, “PayPal” may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about “PayPal” athttps://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via “Stripe”
If you select a payment method that is offered via “Stripe”, the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”) The individual payment methods via “Stripe” are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. For payment processing, “Stripe” may use other payment services; if special payment conditions apply, you will be informed of these separately. You can find more information about “Stripe” athttps://stripe.com/de.
§ 4 Right of Retention, Retention of Title
(1) You may 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.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 7 Protection of minors
(1) When selling goods that are subject to the regulations of the German Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By sending your order, you assure that you have reached the legally required minimum age and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery, who have reached the minimum legal age, receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we shall instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown for the age check.
(4) Insofar as we indicate in the respective item description that you must be at least 18 years of age to purchase the goods, the above paragraphs 1-3 shall apply with the proviso that instead of the minimum age required by law, the age of majority must be present.
II. customer information
1. identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available athttps://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. prices and payment methods
5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.
5.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions
6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
7. statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).