GENERAL TERMS AND CONDITIONS OF
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§ 1 Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products to you by Panchorama Records (hereinafter referred to as the provider) in the version valid at the time of the order.
(2) Deviating terms and conditions of the customer will be rejected.
(3) Please read these terms and conditions carefully before placing an order with Panchorama Records. By placing an order with Panchorama Records you agree to the application of these terms of sale to your order.
(4) On alma-acoustic.com we offer you the sale of the following products:
ALMA CD Album GRACIAS A LA VIDA
ALMA MP3 ALBUM GRACIAS A LA VIDA
§ 2 Conclusion of the contract
(1) The offers are aimed exclusively at end customers with an invoice and delivery address in:
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.
(2) The customer must have reached the age of 18.
(3) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is only asked to make an offer.
(4) Your order represents an offer to alma-acoustic.com to conclude a sales contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and in the last ordering step the button "chargeable order "clicks.
(6) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending the goods or sending a dispatch confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the provider. This relates both to the number of products ordered as part of an order and to the placing of several orders for the same product, in which the individual orders comprise a quantity that is normal for a household.
(8) Your orders will be saved by us after the contract is concluded. If you lose your documents for your orders, please contact us by email or telephone. We will send you a copy of the order details.
(9) You agree that you will receive invoices electronically. Electronic invoices are made available to you by email or in the customer account on the website. For each delivery, we will inform you in the shipping confirmation whether an electronic invoice is available. For more information on electronic invoices, please visit our website.
§ 3 prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and include a flat-rate shipping fee and a surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of the products in our catalog may be incorrectly priced. We check prices when we process your order and before we charge payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you before the goods are shipped to ask you whether you want to buy the product at the correct price or cancel the order . The correct price of a product should be lower than the price stated by us, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.
§ 4 delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products that are sold by alma-acoustic.com (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only approximate information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.
(2) If, while processing your order, alma-acoustic.com discovers that the products you have ordered are not available, you will be informed separately by email or by message in your customer account. The legal rights of the customer remain unaffected.
(3) Insofar as delivery to the purchaser is not possible because the goods delivered do not fit through the entrance door, front door or staircase of the purchaser or because the purchaser is not found at the delivery address specified by him, although the delivery time is reasonable to the purchaser Deadline has been announced, the customer bears the costs for the unsuccessful delivery.
(4) Delivery takes place depending on the customer's payment method. In the case of prepayment, delivery takes place after the payment order has been issued to the transferring bank. When paying by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery takes place after the contract has been concluded.
(5) If your order is sent in more than one package, it is possible that you will receive a separate shipping confirmation for each package. In this case, a separate sales contract is concluded between us for the products listed in the respective shipping confirmation for each shipping confirmation. Contract partner is Panchorama Records. Regardless of your right of cancellation, you can cancel your order for a product free of charge at any time before sending the corresponding shipping confirmation.
§ 5 inches
(1) If you order products from alma-acoustic.com for delivery outside the European Union, you may be subject to import duties and taxes, which
will be charged once the parcel reaches the specified destination. Any additional fees for customs clearance are your responsibility; we have no control over these fees. Customs regulations differ greatly from country to country, so you should contact your local customs authority for more information.
(2) Please also note that when you order from alma-acoustic.com you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 payment
(1) The customer can pay for the goods using the following payment methods: - PayPal
- Credit card
- Instant bank transfer
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment in advance and the customer chooses this type of payment, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the customer chooses this type of payment, he expressly authorizes the provider to collect the amounts due after the partial deliveries or deliveries of goods have been dispatched.
(7) If the provider offers payment by direct debit and the customer chooses this type of payment, the customer grants the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs.
(8) If the provider offers payment in advance and the customer chooses this type of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any discount.
(9) If the customer defaults on payment, the provider reserves the right to claim damages caused by the delay.
§ 7 Offsetting and right of retention
(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 8 retention of title
Panchorama Records retains ownership of the goods until full payment has been made.
§ 9 Transport Damage
(1) If the customer receives the goods with obvious transport damage, the provider asks him to make a complaint as soon as possible.
(2) Should the purchaser fail to submit a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 10 Right of Defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is based on the statutory provisions
Regulations: According to this, in addition to their 30-day return guarantee, customers in the European Union have warranty rights for a period of two years from the delivery of the goods and can request the repair or replacement of the products purchased on alma-acoustic.com if these prove to be turn out to be poor or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period can be shorter than two years.
(3) If the customer is not a consumer, the defect will be eliminated by a new delivery or a new performance.
(4) If the customer is not a consumer, the limitation period is one year. This does not apply to any claims for damages or reimbursement of expenses that are asserted for compensation for damage to body and health or for willful intent or gross negligence.
§ 11 limitation of liability (products)
(1) The provider is liable for claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damage resulting from their willful or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of Provider based.
(2) Essential contractual obligations are obligations the fulfillment of which is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations based on foreseeable damage typical of the contract, provided the damage was caused simply by negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) If the liability of alma-acoustic.com is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 cancellation policy
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a Goods in several partial shipments or pieces) have taken possession of without giving reasons.
To exercise your right of withdrawal, you must inform us:
Schmittgasse 108 51143
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the model withdrawal form on our website for this or send us another clear statement. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired and for you to have sent the goods back via our online return center within the deadline defined below.
For additional information regarding the range, the content and explanations for exercising, please contact our customer service.
(3) Consequences of the withdrawal
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within 14 days from the date on which we received notification of your cancellation of this contract is. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You have the goods immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract
to be returned or handed over. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
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 that is not necessary to check the nature, properties and functionality of the goods.
The right of withdrawal does not exist or expires in the following contracts:
for the delivery of goods that are unsuitable for return for reasons of health or hygiene and the seal of which was removed after delivery or which, due to their nature, were inseparably mixed with other goods after delivery;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal is removed after delivery has been;
for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded; in the case of services, if alma-acoustic.com has provided them in full and you have taken note of and expressly consented to the fact that we can begin to provide the service and you lose your right of withdrawal if the contract has been fully fulfilled;
for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed when the sales contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 13 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
for the delivery of goods that 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;
for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts
for 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;
for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 14 final provisions
(1) We do not offer any products or services for sale by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use alma-acoustic.com with the cooperation of a parent or legal guardian.
(2) If you violate these terms and conditions and we do not take action against this, we are still entitled to make use of our rights on any other occasion in which you violate these terms of sale.
(3) We reserve the right to make changes to our website, rules and conditions including these terms and conditions at any time. The terms of sale, contract conditions and general terms and conditions in force at the time of your order apply to your order, unless a change to these conditions is required by law or by order of the authorities (in this case they also apply to orders that You have previously done). If there is a provision in these sales conditions is ineffective, void or unenforceable for any reason, this provision is considered separable and does not affect the validity and enforceability of the remaining provisions.
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the ineffective provision.