General terms and conditions of Out Of Line Music GmbH for this online shop
§ 1. General Information
(1) The following General Terms and Conditions apply to the business relationship between Out Of Line Music GmbH, Seestr. 15, 12623 Berlin (hereinafter: we) and the customer (hereinafter: you) in the online shop at www.outoflineshop.de, exclusively in the version of terms that is valid at the time of the order.
(2) You agree to the use of electronic communication for contractual purposes, i.e. in the form of e-mails from us. You also agree that the electronic communication suffices to grant all consents and to receive notifications, unless applicable legal regulations mandate a different format.
(3) You waive the assertion of your own purchasing conditions. Neither do these become part of the contract through our silence, nor through our delivery of the order.
§ 2 Conclusion of Contract
(1) Your order represents an offer to us to conclude a purchase contract. When you place an order with us, we will send you an email listing the details of the order, confirming that we have received your order (=order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order.
(2) A sales contract is concluded once we have sent you a confirmation of acceptance of your product order, or upon your physical receipt of the goods.
(3) We sell our products in customary household quantities only.
§ 3 Right of Withdrawal
(1) Since this is a so-called distance selling contract, you have the right of withdrawal according to § 312g BGB if you are a consumer. This excludes the purchase of tickets for leisurely activities such as concerts or festivals if a specific date or time period is provided. With regard to the right of withdrawal, you may be given cancellation instructions in text format under separate cover upon conclusion of the purchase contract.
(2) We grant you the right to a partial cancellation under the condition that you cover the shipping costs for the entire shipment only, i.e. we will not reimburse you for the applicable shipping costs in whole or in part in the event of your partial cancellation.
§ 4 delivery / shipping
(1) Unless otherwise agreed, delivery will be made from our warehouse to the delivery address specified by you.
(2) You agree to cover the costs of packaging and shipping in addition to the selling price of the goods ordered. These costs will be explicitly specified during the ordering process.
§ 5 payment
(1) The purchase price is payable in advance (by PayPal or bank transfer) or by cash on delivery. You agree to pay the cash on delivery fees in the full amount specified in the order process. Orders on tickets and vouchers are excluded from a cash on delivery option.
(2) If we do not receive payment for your order within 7 days, we will not accept your order.
§ 6 Defect Liability
(1) In case of item defects, you are entitled to make legal claims according to the German Civil Code. If a purchased item is defective, you may return the item and request a replacement at our expense. If the replacement option fails, you may reduce the purchase price according to the defect or withdraw from the contract entirely.
(2) If the delivered goods contain obvious material defects, you must notify us within fourteen days after receipt of the goods, clearly stating the nature of the defect in reference to the order number. The relevant date of compliance with the 14-day notification period is not the date the returned goods are received by us, but the postmark date or the date of dispatch of the defect notification. An obvious material defect constitutes a defect that is detectable without special attention. The delayed notification of such obvious defects results in the loss of warranty rights with regard to such defects. Not obvious defects are subject to the statutory limitation periods.
We expressly point out that due to your individual monitor settings, deviations from the color representation of the products as seen in the online shop in relation to the purchased item physically delivered to you are possible. This does not represent a defect that grants warranty rights.
(3) If you are a business merchant according to the HGB, the special compulsory notice in commercial transactions according to §§ 377, 378 HGB remains unaffected.
§ 7 tickets and cancellation / postponement of events
(1) With regard to the purchase of admission tickets via our online shop, there is no right of withdrawal due to the statutory regulations.
(2) The advance booking fee included in the ticket price is the compensation for the opportunity of purchasing the ticket in advance instead of purchasing at the box office on the day of the show.
(3) If we sell tickets to you in advance on behalf of other organizers, you may not claim reimbursement of the ticket price from us even if the event does not take place, i.e. if the organizer cancels or postpones the event. In this case we will not handle the process of reimbursement of the ticket price. Furthermore, we are not obliged to reimburse you for advance booking fees, shipping costs and / or any expenses incurred for travel, meals and accommodation.
(4) If we sell tickets to our own events to you and we cancel and / or postpone them, we are also not obliged to reimburse you for advance booking fees, shipping costs and / or any expenses incurred for travel, meals and accommodation.
§ 8 Retention and Offsetting
(1) You may only assert a right of retention with regard to the purchase price against us if it is based on the same contractual relationship, i.e. resulting from the same order. You are only entitled to offset your own claims against us if we have accepted the counter claim or if it has been legally established.
(2) If you are a business merchant i.S.d. HGB, you may not assert any rights of retention.
§ 9 Effectiveness
The ineffectiveness of one or more clauses of these general terms and conditions or a legal loophole does not affect the effectiveness of the rest of the contract. The parties are obliged to retrospectively replace the ineffective provision or loophole with an effective regulation that comes closest to the intended economic purpose pursued by the ineffective or incomplete ruling.
§ 10 Other
1) All agreements made with us are subject to German law. However, this does not apply if a consumer residing abroad orders from us and the above choice of law would deprive them of the protection granted by the provisions of the country in which they reside. The provisions of the United Nations Convention on International Sales Contracts do not apply.
(2) Our headquarters are the place of execution for all rights and obligations arising from the business relationship.
(3) If you are a business merchant according to the German Commercial Code HGB, the exclusive jurisdiction of the court at our headquarters shall apply to all disputes arising from the contract.
(4) You may reach the platform for online dispute resolution of the European Commission at: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in an arbitration procedure before a consumer arbitration board.