General Terms and Conditions of Business

General terms and conditions of business

§ 1 General

1. These General Terms and Conditions (GTC) apply, in their current version, to all types of business relationships between alfordson.de and the customer. Customers can be both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity (Section 13 of the German Civil Code (BGB)). An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code (BGB).
2. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog of the available product range. By clicking the "Buy" button, the customer submits a binding offer to purchase the goods in the shopping cart. Immediately after submitting the order, the customer receives confirmation of receipt of their order. The purchase contract is only concluded upon our separate order confirmation. The contract text is saved, and the order details and the General Terms and Conditions are sent to the customer by email. The customer can view all previous orders in Customer Service.
3. Alfordson.de reserves the right to refuse the promised service if, after conclusion of the contract, it becomes apparent that the goods are not available, even though a corresponding contractual transaction has been concluded. In this case, the customer will be informed immediately. Any consideration already provided will be refunded immediately. Further claims against Alfordson.de are excluded.
4. The contract language is German.
5. When placing an order in the online shop, the customer goes through the technical steps described in detail below:

o Click on “Checkout” in the shopping cart displayed.
o Redirection to the general order overview page (thomann.de Checkout), where the customer is guided through the individual steps of the purchase process.

o Step 1 Selection of the “billing and delivery address” (if the customer does not have a customer account and is not logged in; otherwise the billing and delivery address are already stored);

o Step 2 In the next step, the customer receives an overview with the heading “All items in your order” and has the option to change the contents of the shopping cart

o Step 3 Select the “Payment method” (by clicking on the desired payment method)

o Step 4 The customer can select options by ticking the relevant boxes under "More options" (different delivery address, shipping date, use Thomann voucher, add comment/note to the order)

o Complete the order by clicking on “Submit”

The customer carries out the individual ordering steps mentioned above using the usual functions of his internet browser.

§ 2 Delivery

1. If the customer is an entrepreneur (Section 14 of the German Civil Code (BGB), delivery is generally at the customer's risk. This also applies to partial deliveries. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the risk of accidental loss and accidental deterioration of the sold item passes to the customer only upon delivery of the item, even in the case of mail-order sales. Delivery is deemed equivalent to delivery if the buyer is in default of acceptance. Delivery is made to the delivery address specified by the customer.
2. Prices quoted include VAT unless otherwise stated. Depending on your country's tax regulations, VAT may be added to the invoice or payable at your local customs office.
3. Deliveries within Germany are free of charge per order. For orders over €14.99, we ship free of charge within Germany. International shipping costs can be found under Shipping. Additional customs duties and fees for deliveries to countries outside the EU (third countries) are the responsibility of the customer.
4. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the goods must be carefully inspected for any transport damage upon receipt by the customer or an authorized representative. Any transport and packaging damage discovered must be confirmed and reported in writing by the transport company upon delivery. Consumer customers are also asked to notify us of any obvious transport damage – without being legally obligated to do so.

§ 3 Statutory right of withdrawal

1. Statutory right of withdrawal

If the customer is a consumer (Section 13 of the German Commercial Code (HGB), he or she has the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period shall be fourteen (14) days from the day on which the customer or a third party designated by him or her, who is not the carrier, takes possession of the last goods.

To exercise your right of withdrawal, you must notify us (Alfordson.de, email: cs_ecom@hotmail.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose; however, this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

2. Consequences of revocation

If the customer cancels this contract, we will refund all payments we have received from them, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen (14) days from the date on which we received notification of their cancellation of this contract. For this refund, we will use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with them; under no circumstances will the customer be charged any fees for this refund. We may refuse to refund until we have received the goods back or until the customer has provided proof that they have returned the goods, whichever is earlier.

The customer must return or hand over the goods to us promptly and in any event no later than fourteen (14) days from the date on which they notify us of the cancellation of this contract. This deadline is met if the customer sends the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. The customer is only liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.

3. Exclusions from the statutory right of withdrawal

The statutory right of withdrawal does not apply in the following cases:

o Delivery of goods which are not prefabricated and for whose production an individual selection or specification by the customer is decisive or which are clearly tailored to the personal needs of the customer.
o Supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
o Supply of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
o Delivery of newspapers, magazines or illustrated magazines, excluding subscription contracts.

§ 4 Alfordson's 30-day money-back guarantee (extended return policy)

1. In addition to the statutory right of withdrawal of fourteen (14) days, Alfordson.de offers its customers a money-back guarantee of 16 days after the expiration of the withdrawal period. The customer has the right to return or hand over the goods delivered by us within thirty (30) days without giving any reason. This period begins upon receipt of the goods in full. To meet the deadline, it is sufficient to send the goods or request for return in a timely manner. The right of return can only be exercised by returning the goods, unless the goods are not ready for shipment as a parcel. Items that cannot be shipped as a parcel will be picked up from the customer by a transport company commissioned by Alfordson.de. Customers are therefore advised to contact customer service in advance (see Section 3, Paragraph 1 for contact details).
2. The 30-day money-back guarantee applies to both distance selling contracts pursuant to Section 312c of the German Civil Code (BGB) and to goods purchased in person in our Alfordson.de store.
3. Alfordson.de will cover the return shipping costs. We provide you with so-called "free shipping" options for this purpose (no obligation to cover the return shipping costs in the event of a return; for returns without a free shipping option, we ask you to refrain from express shipping or freight collect). Goods that cannot be sent by parcel will be picked up by us via a freight forwarder. Unfortunately, Alfordson.de cannot cover the shipping costs for returns from abroad under the 30-day money-back guarantee.
4. For orders of data media packaged or sealed in transparent film, such as CDs, audio cassettes, videos, DVDs, newspapers, and software, the right of return only applies if the goods are returned in their original packaging or with an undamaged seal.
5. The right of return is generally excluded for goods manufactured or modified according to customer specifications, as well as for mass-produced and consumable items (e.g., strings, sticks, drumheads, cables, picks, and reeds), and items that cannot be returned for hygiene reasons (e.g., harmonicas). The same applies to items with special safety features whose safety properties can no longer be guaranteed after use (e.g., stage molleton due to flame retardancy).
6. If the customer exercises his right of return, Alfordson.de is entitled to demand reasonable compensation for the period during which the goods are in the customer's possession.
7. Furthermore, the customer exercising their right of return must pay Alfordson.de compensation for the loss in value of the goods if they cannot return the goods in proper condition because they are responsible for the deterioration, loss, or other defect. This does not apply if the deterioration of the goods is solely due to their inspection—as the customer would have been able to do in a store, for example. Furthermore, the customer can avoid the obligation to pay compensation by not using the goods as if they were their own property and refraining from anything that could impair their value.
8. If individual components of bundles or sets are returned within the 14-day statutory cancellation period or the 30-day Thomann money-back guarantee, the remaining goods will be charged at the regular retail price.
9. Please note that the provisions of Section 4 do not apply to the first 14 days (legal right of withdrawal according to Section 3 of the General Terms and Conditions) of the 30-day money-back guarantee, but only to the following 16 days.

§ 5 Warranty and compensation

1. Defects or other damage caused by negligent or improper handling of the goods, improper installation, use of unsuitable accessories or modifications to original parts by the customer or third parties not commissioned by Alfordson.de are excluded from the warranty.
2. Signs of wear and tear caused by normal use are also excluded from the warranty.
3. If the customer accepts the goods or the object of the order despite being aware of a defect, he shall only be entitled to warranty claims to the extent described below if he expressly reserves these in writing immediately after receipt of the goods.
4. The customer is only entitled to warranty claims for transport damage if he has fulfilled his obligations to inspect and report defects in accordance with Section 2, Paragraph 4. This does not apply if the customer is a consumer.
5. The warranty period for new items is 24 months. It begins upon transfer of risk. Exceptionally, the warranty period for used items is 12 months, unless Alfordson.de is liable without limitation in accordance with Section 5, Paragraph 7, particularly for injury to life, limb, or health. If the customer is a business, the warranty period for new items is one year and six months from the transfer of risk; for used items, the warranty period is six months from this date, unless Alfordson.de is liable without limitation in accordance with Section 5, Paragraph 7, particularly for injury to life, limb, or health.
6. Otherwise, the warranty is governed by the statutory provisions.
7. For damages other than those resulting from injury to life, limb, or health, Alfordson.de is only liable if these are based on intent, gross negligence, or culpable breach of a material contractual obligation by Alfordson.de or a vicarious agent (e.g., delivery personnel) of Alfordson.de. Otherwise, liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. In the event of negligent breach of material contractual obligations, Alfordson.de's liability is limited to foreseeable damage.

§ 6 Due date and payment terms

1. Unless otherwise agreed in writing, invoices from Alfordson.de are payable immediately and without deduction. Payment is made cash on delivery. In the case of advance payment, shipping will occur upon receipt of payment. In the case of payment by credit card, the actual amount will be debited upon invoicing and shipment of the goods. The total amount will be reserved on the customer's credit card as soon as the online order is submitted.

2. Alfordson.de reserves the right to refuse checks and other non-cash payment methods. These methods are accepted only as payment in lieu of payment. Payments in foreign currencies will be credited according to our bank statement. Bank fees are borne by the customer.

3. If the customer defaults on payment of the purchase price, the total purchase price shall be subject to interest at a rate of five percentage points above the applicable base interest rate during the period of default. If Alfordson.de can prove that it has incurred greater damages due to the default, Alfordson.de is entitled to claim these damages.

§ 7 Retention of title

1. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the delivered goods remain the property of Alfordson.de until all outstanding claims against the customer, including any ancillary claims, have been paid in full. In contracts with consumers, Alfordson.de retains title to the goods until the purchase price has been paid in full.

2. Until the purchase price has been paid in full, the customer is not entitled to sell the goods to third parties or take any other action that could jeopardize Alfordson.de's ownership. The customer hereby assigns to Alfordson.de all future claims against the purchaser in the amount of the purchase price agreed between Alfordson.de and the customer, including interest and ancillary claims. Alfordson.de accepts this assignment.

§ 8 Place of performance and jurisdiction

1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the buyer is a consumer, this shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which he has his habitual residence is not thereby withdrawn.
2. The place of performance for all services arising from the business relationship with Alfordson.de is Burgebrach, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, Bamberg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.

§ 9 Alternative dispute resolution

The seller is not obliged and is generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 10 Final provision

Should any of these provisions be inapplicable for any reason, this shall not affect the validity of the remaining provisions.