Terms And Conditions of Out of Line Music GmbH
Terms and Conditions of Out of Line Shop
The following terms and conditions in the current version found on www.outoflineshop.de at the date and time an order is placed are applicable for all business transactions between Out of Line Shop and customer. Out of Line Shop will not accept any diverging terms on part of customer unless these were agreed upon in written form prior to the transaction.
The Deed of Purchase
Your order is an explicit offer from your part to undergo a deed of purchase with our company. When you place an order at Out of Line Shop, we will send you an e-Mail that confirms that we have received it and that will contain all the details of the order you placed. This confirmation does not in itself imply that we accept your offer. It is only there to inform you that your order has been received. A real deed of purchase only comes into effect at the moment we ship the ordered goods to you.
Out of Line Shop does not sell to customers below the legal age to undergo monetary transactions. Even products that are directed at an underage audience may only be purchased by adults.
Please note: we only sell our goods in reasonable quantities.
The cancellation of a transaction contract in regard to audio files is not possible because – according to § 312d, paragraph 4, Nr. 1 BGB – these cannot be returned remnant-free (i.e. without the possibility that customer retains a copy of said file). Returns of audio- and audiovisual recordings (for instance CDs, videotapes, DVDs) are not possible after the factory seal has been broken.
In all other cases, you may revoke your offer of undergoing a purchase contract with us in written form within a time period of two weeks. Said cancellation of your order only has to be sent out within the time limit to make it valid. The time limit legally commences with your acknowledgment of these terms and conditions … in case of physical goods shipped to you, it commences upon delivery to you.
The shipping costs of any and all returns will have to be covered in full by you. Returns of goods shipped to you in error will be covered by us in that we will reimburse you the shipping fees. WE WILL NOT ACCEPT PARCELS THAT ARE NOT PREPAID.
Rights of Withdrawal and Returns Clause for Concert Tickets and Ticket Vouchers In the case that the Out Of Line Music Music GmbH is offering services regarding concert or recreational events in the name of an organiser / event manager, especially the sale of tickets for concert tickets, these are exempt from the regular distance selling contract, as defined per German law under § 312 b III Nr. 6 BGB. The right to return purchased goods within two weeks after date of purchase does not apply to concert tickets. Each and every confirmed or shipped order of concert tickets is henceforth binding on part of the event organuzer immediately after Out Of Line Music GmbH has shipped or confirmed the tickets and payment for said ordered tickets is mandatory.
Returning or exchanging purchased tickets is not possible. This also applies in case of program and line up changes, moving the event to a different venue or changes in the line up of an announced band.
Exceptions occur when the event is either rescheduled to a different date or cancelled altogether. In this case, Out Of Line Music GmbH will refund the ticket price if tickets are returned in a specified time period. In order to obtain a refund, buyer must return the purchased tickets to Out Of Line Music GmbH immediately or within a time period of 7 calendar days from the original date of the event, either personally or by postal mail. The ticket price will be refunded after Out Of Line Music GmbH has received the returned original tickets (no copies) and confirmed that they were purchased through Out Of Line Music GmbH.
Additional costs like hotels, travel costs, provisions, as well as shipping costs or ticket fees cannot be reimbursed. The ticket purchaser cannot claim any further compensation from organizer.
In case Out Of Line Music GmbH has already transferred the ticket monies to event organizer, the refund will have to be obtained from event organizer and Out Of Line Music GmbH will inform purchaser.
Service and shipping fees cannot be refunded.
Please do not accept visibly damaged or broken parcels, as with your acceptance, you practically acknowledge that you received the goods in optimal condition and thereby forfeit your eligibility for compensation. Therefore, please reject any and all parcels that have been torn or otherwise visibly damaged and have them be returned to sender. Please call us to inform us that you have not accepted delivery of said parcels (telephone number listed below). Otherwise, our regular warranty for damaged goods applies.
If not otherwise agreed upon, delivery will be made from our warehouse to the delivery address specified by sender. If any third party supplier fails to supply Out of Line Shop with the goods you ordered, Out of Line Shop is entitled to revoke said order. In such a case, the customer will be informed ASAP that the ordered product is not available. Any advance payments already made for said orders will be returned to customer.
Payment and Default
Customer can make payment for orders he placed by advance payment (bank transfer, PayPal), C.O.D. (Germany only! + € 3.58 C.O.D.- fee and € 2.00 payment fee – both are collected by the Deutsche Post) or PayPal. We will pay p&p for all orders inside Germany that total up to more than € 60.00. For orders from outside of Germany, postage and payment will be calculated according to country of delivery and weight of parcel.
For ticket orders, we only accept advance payment. In the case that you also order additional items from our shop, we will also accept our other regular forms of payment such as C.O.D. (orders inside Germany, only)
Shipping and handling fees are 3,99 € per order (not per ticket!)
Free shipping from 60 € sum total does not apply to orders containing only tickets. Free shipping applies if your order consists of tickets and other items and the sum total of the other items (minus tickets) exceeds 60 €.
Therefore, if you order other items for a sum total exceeding 60€ and add your ticket order to that order, you will also receive the tickets free of charge.
Placing a ticket order does not count as a binding reservation. Any ticket orders that have not been paid for within the maximum time period of 7 days may be cancelled by us. Any other orders that have not been paid for within a time period of 14 days upon receipt of order, may be cancelled by us without further notice.
We accept Paypal in the Out of Line Onlineshop. If you choose to pay via PayPal, please make sure that the e-mail-address you give us is the one connected with your PayPal account. We will then send an order confirmation with the sum total incl. shipping to your country and a PayPal payment request for the sum total in Euro to the e-Mail-address you specified. Please use the following e-mail-address for all things regarding PayPal (questions or payments): firstname.lastname@example.org.
Please make sure that the sum total you send us is in Euro and not in any other currency. Payments in any currency other than Euro will be rejected and any fees or costs attached to a payment rejection or return transfer will have to be covered by customer.
Out of Line Shop will remain the legal and rightful owner of the delivered goods until full payment has been received.
Warranty for Damaged Goods
Visible damage of received goods or defective items have to be reported in written form (for address see Impressum) to us within seven (7) days after receipt. After the expiration of this time period, the customer is not eligible to make any claims in regard to evidently defective or damaged items.
In case of defective items, customer may demand a replacement or remedial action. If Out of Line Shop fails to replace the item or take remedial action in the case of a severe defect, customer is entitled to revoke the deed of purchase, to reduce the total payment or to demand compensation. The customer is not entitled to transfer these rights to a third party.
Unless explicitly matching one of the statements below, customer is not entitled to make any further claims, regardless of whatever legal reasons. Out of Line Shop can, thus, not be made eligible for any damage that was not explicitly inflicted to the delivered items themselves, especially not for any sort of financial loss or missed personal gain. In those cases where Out of Line Shop cannot be made liable, the same applies in regard to personal liability of its employees, representatives or assistants.
Said limitation of liability does not apply in cases where a damage results from dire negligence or where a bodily injury occurs. It also does not apply if a customer can make a claim according to §§ 1, 4 of the German product liability law (Produkthaftungsgesetz.)
Should Out of Line Shop violate one of its contractual duties, the duty of replacement shall not exceed that of a typically inflicted damage.
In case the customer is seeking a replacement, he will have to return the items he wishes to have replaced within a time limit of 30 days to Out of Line Shop. If the items that were replaced are not delivered to Out of Line Shop within this time limit, Out of Line Shop is entitled to demand payment for said items and to debit the given bank account for the sum total.
The period of limitation is 24 months, starting from the date of delivery.
Personal Information and Details
All personal information we receive from you will assist us in steadily improving the contents of the Out of Line Shop. We employ these details for the handling of orders, the delivery of goods and the improvement of our service. We will also use your details to communicate with you about orders and products, as well as to keep our data and customer accounts up to date.
German Law is applicable, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The basis of legal operations is Berlin.
All personal details or information relating to your person that we have stored on our computers will be handled with absolute discretion and shall not be passed on to other companies or institutions.
This agreement shall be governed by and construed in accordance with the laws of Germany and all legal without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Platform of the EU Commission regarding online dispute resolution: http//ec.europa.eu/consumers/odr
Dispute resolution before a consumer dispute resolution authority (§36 VSBG):
We are neither obliged nor willing to participate in a resolution before a dispute resolution society.
The return postage for returned goods has to be covered by customer. Costs incurred to Out Of Line Music GmbH through freight collect parcels will be charged to customer.
AGB Stand 21.03.2017