General Terms and Conditions of Tempera Strings GmbH
b§1 Validity towards entrepreneurs and definitions of terms
(1) The following General Terms and Conditions of Business apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders placed via our online store https://www.tempera-strings.com .
(2) In the event of the conclusion of a contract, the contract is concluded with
Tempera Strings GmbH Jan-Ole Fabian Oderberger Str. 9 D-10435 Berlin Register number HRB 207091 Local Court of Berlin (Charlottenburg)
is concluded.
(3) The presentation of the goods in our Internet store does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract. (4) Upon receipt of an order in our Internet store, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the order procedure provided in our Internet store.
The order is placed in the following steps:
1) Selection of the desired goods and their options 2) Confirm by clicking on the “Add to cart” button 3) Check the details in the shopping cart 4) Pay directly or click on the “Checkout” button 5) Enter the data (e-mail address, address, payment method). 6) Re-check or correct the data entered. 7) Binding submission of the order by clicking the “pay now” button
Before submitting the binding order, the consumer can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him after checking his details. We confirm receipt of the order immediately by means of an automatically generated e-mail (“order confirmation”). With this we accept your offer.
(5) Storage of the contract text for orders via our Internet store: We will send you the order data and our General Terms and Conditions by e-mail. You can also view the GTC at any time at https://www.tempera-strings.com/agbs. For security reasons, your order data is no longer accessible via the Internet.
§3 Prices, shipping costs, payment, due date
(1) All prices listed on our website are in EUR (€) and do not include taxes, customs duties and shipping costs. The final price may vary depending on the exchange rate on the day of payment processing. Prices are subject to change without notice. The price charged for a product is the price applicable at the time of your order.
(2) The consumer has the option of paying by PayPal, credit card (Visa, Mastercard, American Express), Apple Pay or Google Pay
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery times vary depending on your location and the selected shipping method. We are not responsible for delays caused by customs, shipping carriers or other factors beyond our control.
(2) The risk of accidental loss and accidental deterioration of the item sold shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by dispatch.
(3) Customs and import duties
International shipments may be subject to customs duties, taxes and fees. These are to be borne by the buyer. We are not responsible for customs delays or fees.
§5 Retention of title
We retain title to the goods until the purchase price has been paid in full.
§6 Products
We manufacture and sell double bass strings and related accessories (“Products”). We endeavor to provide accurate descriptions of our Products. However, we do not warrant that the descriptions are accurate, complete or error-free. All images of the Products on our website are for illustrative purposes only.
§7 Warranty
The strings are excluded from the warranty as they are a consumable product. Each of our strings is subject to strict quality control. Should the customer nevertheless believe that he has received a defective product, he should contact us within 30 days and we will review the case. If it is a defect that is directly attributable to production, we will cover it.
§8 Limitation of liability
To the extent permitted by law, we shall not be liable for any indirect, incidental or consequential damages, including but not limited to lost profits, arising out of or in connection with your use of our products or website.
§9 Intellectual property
All content on our website, including text, images, logos and designs, is our intellectual property or that of our licensors and is protected by copyright and trademark laws. You may not use, reproduce or distribute any content on our website without our prior written consent.
§10 Changes to the GTC
We reserve the right to update or change these T&Cs at any time without prior notice. Your continued use of our website after changes to these T&Cs constitutes your acceptance of the revised T&Cs.
§11 Right of withdrawal of the customer as a consumer:
Right of withdrawal for consumers
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:
Cancellation policy
Right of withdrawal
For consumers and other persons with their habitual residence or domicile in a member state of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers with their habitual residence in a country that is neither a member of the EU nor the EEA, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German consumer protection law. Irrespective of this choice of law, the mandatory consumer protection law of the country in which they have their habitual residence at the time the contract is concluded shall always apply to consumers.
Returns will only be accepted from consumers and other persons with their habitual residence or domicile in a member state of the European Union (EU) or the European Economic Area (EEA).
Consumers and other persons with their habitual residence or domicile in a member state of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract have the right to withdraw from this contract within fourteen days without giving any reason.
If they are not satisfied with their purchase, they can return the product within 14 days of delivery for a refund or exchange. The product must be unused, in its original packaging and in the same condition as when received. Customized products are not eligible for return.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us Tempera Strings GmbH Jan-Ole Fabian Oderberger Str. 9 D-10435 Berlin E-mail contact@tempera-strings.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
End of the withdrawal policy
§7 Cancellation form Sample withdrawal form (If you wish to withdraw from the contract, please fill out this form and send it back to us). To : Tempera Strings GmbH Jan-Ole Fabian Oderberger Str. 9 D-10435 Berlin E-mail contact@tempera-strings.com
I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
The date
(*) Delete as applicable.