Allgemeine Geschäftsbedingungen (summersomeday.com)

Terms of Service (summersomeday.com)

§ 1

General Terms and Conditions, Contracting Party

The contractual partner within the meaning of this contract and for all orders placed via the online store of the website “https://summersomeday.com” is “Marcel Heym Musikproduktion, Modersohnweg 1, 29932 Achim, Germany”.

This agreement is recognized by all customers as part of the ordering process. Contradicting or supplementary terms and conditions only become part of the contract if they are expressly acknowledged in written form. Unless otherwise agreed, the customer’s own terms and conditions are hereby expressly rejected.

A consumer within the meaning of the following regulations is any natural person who, by concluding a legal transaction on the website, pursues a purpose that cannot be attributed to commercial or independent professional activity.

An entrepreneur within the meaning of the following regulations is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

Customers in the sense of these terms and conditions are both consumers and entrepreneurs.

§ 2

Conclusion of the Contract

The information on goods and prices in the website’s online shop and the entire ordering process is not a legally binding offer. The purchase contract is concluded by the customer making an offer by clicking the “Pre-Order” or “Order Now” button when completing the order process, which the contractual partner confirms either by sending an order confirmation by e-mail or by delivering the selected goods. The automated e-mail, which is sent to the customer immediately after the order has been sent, is therefore not an acceptance of the offer, but merely a confirmation of receipt of the offer made by the customer.

The order is processed by email. The customer is therefore responsible for ensuring that the e-mail address provided by him during the ordering process is correct and that receipt is not prevented by obstacles beyond our control.

§ 3

Condition of Goods

The images shown in the online store serve to describe the goods in the sense of an exemplary illustration. It is therefore in the nature of things that there may be differences between the images and the original goods.

§ 4

Retention of Title, Right of Retention

The goods remain the property of the contractual partner until the purchase price has been paid in full. Before the ownership has not been transferred to the customer, the customer is not allowed to dispose of the goods in the sense of pledging, transfer of ownership by way of security, processing or transformation.

The customer may exercise a right of retention to which it may be entitled only insofar as it relates to a claim arising from the same contractual relationship.

The commercial resale of goods and in particular concert tickets and / or tickets to other events is not permitted unless the contractual partner has given its prior express consent.

§ 5

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Marcel Heym Musikproduktion, Modersohnweg 1, 29932 Achim, E-Mail: info@summersomeday.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

– To
Marcel Heym Musikproduktion
Modersohnweg 1
29932 Achim
GERMANY
Email: info@orbitmusic.org

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service

(*), – Ordered on (*)/received on (*),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

___________ (*) Delete as appropriate.

§ 6

Shipping Costs, Terms of Payment

The prices stated in the online store at the time of the order shall apply. The prices are final prices and therefore include the applicable statutory VAT and other price components plus shipping costs as shown in the ordering process. The customer does not incur any additional costs when ordering by using the means of distance communication.

The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.

If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.

Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

§ 7

Delivery of Goods

The delivery of the goods is made from the warehouse to the delivery address specified by the customer during the ordering process, unless otherwise agreed.

If an ordered product cannot be delivered and is returned to us as a result, we will charge the costs incurred by us. These are postage costs and a handling fee in the amount of 4.90 €. We reserve the right to charge a lower handling fee in individual cases.

We would like to point out that all information on availability, shipping or delivery of a product are only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates.

If the customer is a consumer, we shall bear the risk of accidental loss and accidental deterioration during shipment until the goods are handed over to the customer.  This applies regardless of whether the goods are shipped insured or uninsured. Something else shall only apply if the customer, at his own risk, appoints a transport company not named by the contractual partner or another person commissioned to carry out the shipment.

If the customer is an entrepreneur, the delivery and shipment shall be at his risk.

§ 8

Liability

The German statutory rights of liability for defects apply.

Consumers are requested to check the goods for completeness, obvious defects as well as transport damage upon delivery and to notify the contractual partner as soon as possible.

Damage caused by improper use, as well as storage or by intervention of third parties are not subject to warranty.

There is no liability for the permanent provision of this website and the goods offered on it.

§ 9

Severability Clause

Should one or more provisions of this contract be legally invalid in whole or in part, this shall not affect the validity of the remaining provisions.

§ 10

Storage of the contract text

The contract text with your order data will be stored in our company – as far as necessary for business and within the framework of the Federal Data Protection Act of Germany (§26 BDSG). If you wish to receive this in printed form, you can print out the “order confirmation”. This will appear on your screen after you have sent the order. If you have provided us with your e-mail address, you will also receive all relevant data of your order by e-mail, which can also be printed.

§ 11

Data Protection

For the execution of orders, some personal data is required from you.

Information on the processing of this data can be found in the privacy policy.

§ 12

Applicable law, subsidiary agreements, written form

 (1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this shall only apply to the extent that the protection granted is not thereby withdrawn by mandatory provisions of the state in which the consumer has his habitual residence.

(2) Verbal collateral agreements do not exist. Any amendment and/or supplement to the General Terms and Conditions and contracts shall require the written form.

(3) If, according to the GTC, a declaration requires the written form, this requirement shall not be met by transmission by fax or e-mail.

§ 13

Place of fulfillment, place of jurisdiction

Place of performance and exclusive place of jurisdiction is Hamburg (GERMANY), as far as legally permissible. The right to sue at any other place with legal jurisdiction on the part of the contractual partner remains unaffected.