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General Terms and Conditions

 

Section 1 Validity, definitions of concepts

(1) Upright Songs GmbH, Robert-Bosch-Str. 6, 40668 Meerbusch, Germany, fon: +49 2150 – 911 933, fax: +49 2150 – 911 935, HRB Neuss No. 7898, Germany (‘we’ or ‘Hardfloor Shop’) operates an online shop for goods and digital goods under the website https://hrdflr.de. The following general terms and conditions apply to all services between us and our customers (hereinafter:”Customer” or “You”) in their version valid at the time of ordering, unless otherwise expressly agreed.

2. For the purposes of these Terms and Conditions, ‘consumer’ means any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. ‘entrepreneur’ means a natural or legal person or a partnership with legal rights which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, where a partnership with legal rights is is a partnership with the capacity to acquire rights and take on liabilities.

Section 2 Formation of the contracts, storage of the contract text

(1) The following rules for the conclusion of the contract apply to orders placed via our online shop under https://hrdflr.de.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer makes a binding contract offer by successfully passing through the ordering procedure provided for in our online shop. The order is made in the following steps:

  1. Selection of the desired goods, digital goods,
  2. Add the products by clicking on the corresponding button (e.g. “To the shopping cart”, “To the shopping bag” or similar),
  3. Checking the information in the shopping cart,
  4. Access the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
  5. Entering/checking the address and contact data, selection of payment method, confirmation of the GTC and cancellation instruction,
  6. Completion of the order by pressing the button “Buy Now”. This represents your binding order.
  7. The contract is concluded by a confirmation of order from us within three working days to the specified e-mail address.

(4) In the event of the conclusion of the contract, the contract with Upright Songs GmbH, Robert-Bosch-Str. 6, 40668 Meerbusch, Germany, fon: +49 2150 – 911 933, fax: +49 2150 – 911 935, HRB Neuss No. 7898, Germany.

(5) Before ordering, the contract data can be printed out via the print function of the browser or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GENERAL terms and conditions and the revocation instruction, shall be effected by e-mail after the triggering of the order by you, in part Automated. We do not save the contract text after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). You can also correct them by canceling the order process prematurely, closing the browser window, and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent you from receiving the e-mails.

Section 3 Subject matter of the contract and essential characteristics of the products

(1) In our online shop, the subject of the contract is:

  1. The sale of goods. The specific goods offered can be found on our article pages.
  2. The sale of digital goods, e.g. software or media downloads. You can find the specific digital goods on offer in our article pages.

(2) The essential characteristics of the goods and digital goods can be found in the article description.

3. The sale of digital products shall be subject to the restrictions indicated in the product description or otherwise resulting from the circumstances, in particular on hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

Section 4 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before the delivery of the product (prepayment), unless we expressly offer the purchase on account. The payment methods available to you are indicated under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment entitlements are due for payment immediately.

(3) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of charge. The shipping costs will be clearly communicated to you again on the offers, in the shopping cart system and on the order overview.

(4) All products offered are ready for immediate dispatch (delivery time: [ Place the value for default_delivery_time_text ] after receipt of payment, unless otherwise stated in the product description).

(5) The following supply area restrictions exist: Delivery takes place in the following countries: Germany.

Section 5 Right of retention, retention of title

(1) You can only exercise a right of retention if the claims arising from the same contractual relationship are involved.

(2) The goods remain our property until full payment of the purchase price.

Section 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is based on our revocation instruction.

Section 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as for tort is limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, body, health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the performance has become impossible or if we have violated an essential contractual obligation, the liability for material and financial damage resulting therefrom is limited to the damage that is typically foreseeable. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, the violation of which jeopardises the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes, in particular, our obligation to act and to perform the contractually owed service, which is described in Section 3.

Section 8 Language of the contract

Only German is available as the contract language.

Section 9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) In relation to contractors, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are asked to immediately check the item/digital goods or the service provided for completeness, obvious defects and transport damage when the contract is fulfilled and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.

Section 10 Final Provisions

(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the protection afforded by mandatory provisions of the law of the state of habitual residence of the consumer (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the Sale of Goods expressly do not apply.

(3) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the Provider.