(1) The following General Terms and
Conditions apply to all business dealings between you as customer and
ourselves, Christoph Glanemann/Sahnemann, Egbertstraße
22, 48145 Münster (hereafter also referred to as
“Sahnemann"), which are initiated and concluded via our
online shop. That version of our General Terms and Conditions which
is valid at the time of ordering shall be decisive. Any deviating
conditions of the customer will not be recognized unless Sahnemann
has explicitly agreed to their validity.
(2) The goods and
services offered in the Sahnemann online shop are aimed at consumers
and entrepreneurs alike as long as they are the end consumer. Within
the meaning of these terms and conditions, (i) a “consumer”
means every natural person who enters into the legal contract for
purposes that are predominantly outside his trade, business or
profession (§ 13 German Legal Code) and (ii) an entrepreneur
means a natural or legal person or a partnership with legal
personality who or which, when entering into the legal contract, acts
in exercise of his or its trade, business or profession. (§ 14
para. 1 German Civil Code).
(1) The goods and services offered on our website do not represent
the conclusion of an agreement, but are solely an invitation to place
an order.
(2) By placing an order, you submit to us an offer to
complete a purchase or service agreement. Should goods be supplied,
then an agreement materializes at the time of dispatching the ordered
goods to you. Confirmation of the receipt of your order does not
constitute acceptance of your offer. It merely serves to inform you
that your order has been received.
(3) The text of the agreement
will be stored by Sahnemann. The language of the agreement is
determined by the language in which you have logged onto the website
(German or English).
(1) As consumer, you are entitled to right of cancellation. The prerequisites of this right of cancellation and the legal effects thereof are set out in the following Instructions for Cancellation.
Instructions on the right of withdrawal |
(2) The right of withdrawal in accordance with § 312g
German Civil Code does not apply when, among others,
a) goods are
delivered that have not been prefabricated or for whose production
the consumer’s individual choice or purpose was decisive or
which are clearly customized to meet personal demands or
b) the
goods delivered have been sealed and, for reasons of health
protection or hygiene, are not suitable for return once the seal has
been broken or removed after delivery;
c) for the delivery of
sound or video recordings or computer software in sealed packages if
the seal has been removed after delivery or
d) for the performance
of services in connection with leisure activities (e.g. concert or
event tickets).
(1) Unless otherwise agreed upon, those prices are valid that are
contained on our internet page //www.nuclearblast.de at the time of
finalizing the agreement. You will be in arrears if the invoice has
not been paid by the 14th day after the date of invoice.
(2)
Payment in advance is possible by bank transfer or PayPal (paypal
adress for payments is crudus@web.de). Bank transfers must be made to
the Sahnemann’s account with the Volksbank Greven, IBAN
DE83400612380035893400 ; BIC: GENODEM1GRV giving the customer number
as reference. Depending on the amount of the order and
creditworthiness of the customer, in individual cases Sahnemann
retains the right to exclude certain methods of payment.
(3) Customers can pick up their orders personally. Therefore a
time and place should be defined by Sahnemann. The customer will pay
in cash in the event of a personal pickup.
(4) The goods remain
the property of Sahnemann until all invoices have been fully paid.
Should you become more than 14 days in arrears with payment, then
Sahnemann has the right to withdraw from the contract and to reclaim
the goods.
Shipping costs within Germany vary from 0,70€ to 5,60€
We ship with Deutsche Post and Hermes.
Please use the calculator in the shopping card. You do not have to
place an order to calculate the shipping costs. Just put the items in
the shopping card and check the shipping costs to your country before
placing the order.
Shipping costs for every country except Germany:
We ship with Deutsche Post/DHL.
Goods under 500g: 8€
Goods from 501g to 1000g: 12€
Goods from 1001g to 2000g: 24€
Goods from 2000g to 31KG: 48€
If the customer wishes to return the
goods, the customer has to pay for the delivery back to Sahnemann.
(1) For consumers within the meaning of § 13 German Civil
Code, the legal warranty regulations are applicable.
(2) For
enterprises within the meaning of § 14 German Civil Code
however, the following warranty regulations are applicable for
agreements concerning the delivery of goods:
(a) in case of
defect we fulfill our warranty by means of subsequent fulfillment.
Subsequent fulfillment is carried out by us at our discretion in the
form of repair or replacement
(b) inasmuch as we are not in a
position to or are not prepared to perform subsequent fulfillment,
then you have the right to choose between cancelling the order or
reducing the purchase price. This also applies when subsequent
fulfillment fails, is unacceptable to you or when there is a delay
for which we are responsible beyond an appropriate period.
(c)
claims for defects lapse within one year from delivery of goods. This
also applies to claims for damages and reimbursement of expenses
caused by defects except in cases of deliberate or grossly negligent
breach of duties, infringement of guarantees and/or injury to life,
body or health.
(1) We are liable for damages only in cases set out in a) to d) as
follows:
(a) for injury to life, body and/or health as well as
for damages due to deliberate or gross negligence without
limitation;
(b) for damages arising from a breach of a written
guarantee, we are liable only in the amount of the customer’s
financial interest covered by the guarantee and apparent to us when
giving the guarantee;
(c) in cases of liability according to
product liability law;
(d) in cases of violation of essential
contractual obligations caused by slight negligence, the resulting
damage liability is limited to that extent of damage that we have to
reckon with as typical considering the circumstances known to us at
the time of concluding the contract. Essential contractual
obligations are those basic obligations which were decisive for the
conclusion of the contract and which you were legitimately entitled
to expect;
(2) In all other cases liability for damage, regardless
of the legal basis, is excluded.
(3) Claims for damages and
reimbursement mentioned in the cases outlined in par. 1 lit. d)
expire in twelve months. The statutory period of limitation begins in
accordance with § 199 German Civil Code.
(4) Inasmuch as our
liability is excluded under these conditions, the same also applies
to the liability of our corporate bodies, vicarious agents and in
particular for our employees.
(1) Any personal data provided by you
will be gathered, processed and stored solely according to the German
data protection law.
(2) The utilization of your personal data is
necessary for completion of the contract concluded with you.
Utilization extending beyond this requires your express consent. The
details concerning the data gathered and the application of such can
be read here: http://www.sahnemann.de/oscommerce/privacy.php
(1) The web shop operator is
Christoph
Glanemann/Sahnemann
Egbertstraße 22
48145
Münster
Telephone: +49 (0)15788089851
E-Mail:
christophglanemann@gmail.com
(2) Complaints can be made to the
above-mentioned addresses.
(1) Applicable law obliges us to inform
the consumers of the existence of the European online dispute
resolution platform, which can be used to resolve disputes without
the need to involve a court. The European Commission is responsible
for organisation of the platform. Here is the link to the European
online dispute resolution platform: http://ec.europa.eu/odr
.
(2) We are not obliged to participate in a dispute resolution
procedure before a dispute resolution entity for consumers and have
therefore decided against voluntary participation.
(1) German law shall apply to the
exclusion of the rights in accordance with the UN Convention on
Contracts for the International Sale of Goods. For consumers, this
choice of law is only applicable to the extent that its application
does not revoke any compelling and applicable consumer laws of that
state in which the consumer is habitually resident at the time of
placing his order.
(2) If the party placing the order is a
merchant, then the place of performance shall be Münster,
Germany.
(3) If the party placing the order is a merchant, then
the sole place of jurisdiction for any disagreements is the
headquarters of Sahnemann. However, we are also entitled to file a
claim against the party placing the order at his/her place of
jurisdiction.
(4) Should any individual regulations of these
General Terms and Conditions be or become ineffective then the
effectiveness of the remaining contracting conditions shall not be
affected.