General
Shopping on soundsofsubterrania.com works through a shopping cart. All items which can be added to the shopping cart are available for immediate delivery. However, if an item is out of stock, the buyer can add it to his wish list and will be notified by e-mail when it is available again.
In addition, soundsofsubterrania.com offers so-called pre-orders of sound carriers, which give the possibility to pre-order sound carriers from soundsofsubterrania.com before their official release date. For the sake of clarity, it should be noted that pre-ordered goods from soundsofsubterrania.com, however, can not be delivered before the official release date.
1. scope of application
These terms and conditions apply to every order placed with soundsofsubterrania.com, regardless of whether the order is placed via the Internet using the “shopping cart” or by telephone. Contractual partners are Sounds of Subterrania, Warnstedtstr. 59R, 22525 Hamburg, Germany (hereinafter referred to as “soundsofsubterrania.com”) and the consumer or entrepreneur (hereinafter referred to as “customer”).
Consumer is any natural person who purchases from soundsofsubterrania.com for a purpose that is predominantly neither attributable to his commercial nor independent professional activity. An entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
These terms and conditions are part of the contract and apply to all, thus also future contracts between soundsofsubterrania.com and the customer. The GTC are accepted by the customer in their entirety in the version valid at the time of the respective contract conclusion. The present GTC apply exclusively: deviating regulations or possible GTC of the customer are hereby contradicted. The GTC are available in the soundsofsubterrania.com on the Internet under the link GTCs.
2. conclusion of contract
Orders can be placed with soundsofsubterrania.com on the internet (www.soundsofsubterrania.com) via the shopping cart as well as by telephone. The order represents a binding offer of the customer to conclude a purchase contract.
The sales contract is normally concluded when soundsofsubterrania.com sends the customer an invoice by e-mail. If soundsofsubterrania.com does not have the customer’s e-mail address, the purchase contract is concluded by telephone.
soundsofsubterrania.com can accept the offer of the customer within 5 calendar days. If this does not happen (no order confirmation, no conclusion of contract by telephone within the period), the offer of the customer is considered rejected.
The contract language is German.
3. orders on the internet (shopping cart)
Orders via www.soundsofsubterrania.com are placed using a shopping cart system in three steps, which are summarized below.
Step 1
First, the customer can add the items he is interested in to the shopping cart by clicking on the “Shopping Cart” function. The customer can view the shopping cart at any time by clicking the “Shopping Cart” button. He can see which items are in the shopping cart, at what price and in what quantity. With the “Remove item” function, the previously selected items can be removed from the shopping cart.
Step 2
By clicking the button “Complete order” the customer gets to step 2, where he has to enter his address, an e-mail address and his phone number. It is also possible to specify a delivery address different from the billing address in the additional field.
Step 3
In step 3 the order is completed. The customer’s billing address is displayed again. The “Back” button gives him the opportunity to correct any incorrect entries. Before completing the order, the customer has to choose from one of the possible payment methods. The “purchase” by clicking the appropriate button requires that the customer accepts the terms and conditions, which he can view at any time. Furthermore, the GTCs can be viewed and saved at any time as a “print version” in the common PDF format.
The customer can make changes at any time. After “buying”, the customer immediately receives an e-mail confirming the receipt of his order. This confirmation of receipt does not constitute acceptance of the order.
Step 4
In step 4 the customer will receive the invoice for payment.
4. prices, packing and shipping costs
Prices
There is no minimum order value at soundsofsubterrania.com. All prices are quoted in Euro including the legal sales tax (VAT). The price stated at the conclusion of the order is valid. The sales tax will be shown separately in the invoices.
For deliveries to non-EU countries, additional duties, taxes and fees apply.
Information about customs duties can be found at http://ec.europa.eu/taxation_customs/index_de.htm.
Information about import sales tax at http://auskunft.ezt-online.de/ezto/Welcome.do
Information especially for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do
5. terms of payment / retention of title
Payment methods
soundsofsubterrania.com accepts payment by bank transfer or Paypal.
Bank transfer
The bank transfer has to be made to the bank account provided upon conclusion of the contract. Any transaction costs of a bank transfer shall be borne by the customer.
PayPal
Payment via PayPal is made according to the procedure provided by PayPal for this purpose. When paying via PayPal soundsofsubterrania.com does not come into contact with the data of the customer’s bank account.
Retention of title
The customer is obligated to pay the total purchase price within fourteen (14) days after receipt of the order confirmation sent by soundsofsubterrania.com or the conclusion of the contract by telephone (advance payment). The goods will be shipped after receipt of the money. The deadline is considered to be met if the respective amount is credited to the soundsofsubterrania.com account at the expiration of the deadline (the value date on the bank statement is considered to be the receipt of money).
Until full payment soundsofsubterrania.com remains owner of the goods. soundsofsubterrania.com reserves the right not to provide the promised service in case of its unavailability. If payment has already been made, the purchase price will be credited to the customer and offset against the next order or refunded upon request of the customer.
If the ordered goods are to be shipped abroad (in particular to non-European countries), any import duties (especially customs duties) shall be borne by the customer.
6. soundsofsubterrania.com’s right to withdraw from the contract
If soundsofsubterrania.com does not receive the money within the 14-day payment period, soundsofsubterrania.com is entitled to withdraw from the contract. From the receipt of the order soundsofsubterrania.com reserves the ordered goods in favor of the customer. During the period of reservation the goods are therefore not available for sale to other customers. In order to be able to offer the ordered goods elsewhere, soundsofsubterrania.com must be able to withdraw from the contract of sale after fruitless expiration of the deadline.
7. shipping / delivery time
Orders are shipped by DHL or Hermes parcel shipping.
If delivery to the customer is not possible for reasons within the customer’s sphere of influence, the customer shall bear the additional costs for redelivery. The customer must ensure that a delivery of the ordered goods to the respective shipping address is possible during normal business and delivery hours. The shipping risk is borne by soundsofsubterrania.com, as far as the customer is a consumer. The risk of accidental loss and accidental damage is transferred to the customer upon delivery of the goods.
soundsofsubterrania.com reserves the right, at its own discretion, to commission other companies with the shipping, as long as it is not a cash on delivery order.
8. acceptance of the shipment by the customer.
The customer should not accept packages that are visibly damaged, as this can make it difficult or impossible to prove that the package was damaged in transit at the expense of soundsofsubterrania.com. Therefore, when accepting a shipment, the customer should make sure that the delivered package is externally undamaged. If the package is visibly damaged and for this reason damage to the contents of the shipment is likely, the customer should report this to the delivery person and have the delivery person record a corresponding note, of which the customer should obtain a copy.
9. right of revocation
The customers of soundsofsubterrania.com are entitled to a right of withdrawal according to the provisions of the law on distance selling.
10. cost bearing agreement in the event of revocation
In the event that the right of revocation is exercised, it is agreed that the customer shall bear the direct costs of the return shipment. Our customers therefore have the right to revoke their contractual declaration in accordance with the following revocation instructions.
11. cancellation policy
Right of withdrawal
The customer has the right to revoke this contract within thirty (30) days without giving any reason.
The revocation period is thirty (30) days from the day on which the Customer or a third party designated by the Customer who is not the carrier has/have taken possession of the last goods.
In order to exercise his right of withdrawal, the customer must inform us (Sounds of Subterrania Warnstedtstr. 59R, 22525 Hamburg, Germany, phone +49(0)176 49156582, info@soundsofsubterrania.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of his decision to withdraw from this contract. He can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
If he makes use of this option, we will immediately send him (e.g. by e-mail) a confirmation of receipt of such revocation.
To comply with the revocation period, it is sufficient that he sends the notification of the exercise of the right of revocation before the expiry of the revocation period.
A right of revocation does not apply to distance contracts,
1. for the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed by the consumer
2. for the delivery of newspapers, periodicals and magazines, unless the customer has made his contractual declaration by telephone
3. for the delivery of tickets and ticket bundles (consisting, for example, of a ticket and a T-shirt) and
4. if you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or self-employed activity when concluding the contract.
Consequences of cancellation
If the customer revokes this contract, we shall repay him all payments that we have received from him, including the delivery costs (with the exception of the additional costs resulting from the fact that he has chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of his revocation of this contract. For this repayment, we will use the same means of payment that he used in the original transaction, unless expressly agreed otherwise with him; in no case will he be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
The customer must return the goods immediately and in any case no later than thirty (30) days from the day on which he notifies us of the revocation of this contract to Sounds of Subterrania / Ralf Gürtler, Warnstedtstr. 59R, 22525 Hamburg, Germany, or hand them over to us. The deadline is met if he sends the goods before the expiration of the period of thirty (30) days. The customer from the Federal Republic of Germany shall bear the direct costs of the return shipment. Customers from other countries shall generally bear the direct costs of the return shipment.
The customer must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
End of the cancellation policy
Sample cancellation form
(If the contract is to be revoked, please fill out this form and return it to us)
– An Sounds of Subterrania, Warnstedtstraße 59R, 22525 Hamburg, Germany, phone +49(0)176 49156582, info@soundsofsubterrania.de:
– I/we (* ) hereby revoke the contract concluded by me/us (* ) for the purchase of the following goods (* )
– Ordered on (* )/received on (* )
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of paper communication)
– Date
( * ) Delete where not applicable.
12. warranty
The warranty is governed by the statutory provisions, unless liability is excluded or limited under these terms and conditions. In case of complaints we ask for proof of purchase by providing a copy of the invoice and sending the claimed item (together with the copy of the invoice) to Sounds of Subterrania, Warnstedtstraße. 59R, 22525 Hamburg, Germany.
Normal wear and tear of the goods do not justify a warranty claim. As far as textiles are concerned, the following limitation of liability applies: Possible minor color deviations between illustrations and the delivered product are due to technical reasons and do not constitute a defect. In the case of textile products, no liability is assumed for defects that can be traced back to a violation of the washing and care instructions. soundsofsubterrania.com points out as a precaution that the washing instructions found on the labels of the articles must be observed. Soundsofsubterrania.com is not liable for damages caused by deviating cleaning.
13. Applicable law
The law of the Federal Republic of Germany shall apply to any disputes arising from or on the basis of this agreement, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14. final provision
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
15. provider information
Sounds of Subterrania
c/o Ralf Gürtler
Warnstedtstraße 59R
22525 Hamburg
Germany
Phone: +49 (0)176 49156582
E-Mail: info@soundsofsubterrania.de
URL: www.soundsofsubterrania.de
Owner: Ralf Gürtler
Local court Hamburg
Sales tax identification number: DE812943394
Tax number: 41/081/02832
Status: 04/19/2018