General Terms and Conditions of the Hard Wax e.K.
§ 1 Applicability
The present General Terms and Conditions shall apply exclusively to all business relations between Hard Wax e.K. (hereinafter referred to as Hard Wax) and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by Hard Wax and the purchaser in writing, in individual cases.
Hard Wax e.K. is the trade name of the business man, Mark Ernestus, as it has been entered into the commercial register at the relevant local court (Amtsgericht Charlottenburg). Hard Wax is the abbreviated designation of this trade name.
§ 2 Contract conclusion
1. At Hard Wax orders can be made by telephone, letter, telefax or e-mail. An incoming order to Hard Wax constitutes an offer to conclude a sales contract with Hard Wax.
2. The sales contract between Hard Wax and the purchaser shall exclusively be brought about if Hard Wax dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to Hard Wax. A contract will not be concluded for any goods that have been ordered but that are not included in the consignment. The contractual partners are the purchaser and Hard Wax.
3. Goods are only sold in the amounts that are usually made available to end-consumers.
§ 3 Revocation, revocation consequences
1. The purchaser can revoke the contract within a month after receipt of the goods. The revocation must be effected in writing (also by e-mail) or by returning the goods. To comply with this term, it is sufficient to send the written revocation or return the goods within the stipulated period. No reasons have to be given for the revocation. The time limit of one month within which the purchaser can revoke in writing (also by e-mail) or by returning the goods commences with the receipt of the goods and the revocation instructions.
2. The purchaser is obliged to pay the usual costs of the return consignment, if the delivered goods correspond to the ordered goods and if the value of the returned goods has a gross amount of up to 40,00 EURO or if, at the time of revocation and in the case of a higher value of returned goods, the purchaser has not paid the respective price or an instalment that has been contractually agreed on. The return consignment is otherwise free of charge for the purchaser.
3. There is no right of revocation for contracts for the delivery of audio or video recordings (vinyl records, CD's etc), if the delivered data carriers were sealed and the purchaser has unsealed them.
§ 4 Delivery, cost of delivery
1. Insofar as nothing else is agreed on, the consignment will be sent from the Hard Wax warehouse to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
2. Should the gross amount of goods delivered nationally amount to 100,00 Euros or more, Hard Wax will pay the normal costs of delivery. The purchaser has to pay for any additional costs that accrue due to special forms of delivery requested by the purchaser (e.g. express delivery). Hard Wax will inform the purchaser about these costs on request.
3. Should the gross amount of the goods delivered amount to less than 100,00 EURO, the purchaser has to pay for the delivery costs. The purchaser has to pay for the delivery costs, if the goods are to be sent abroad, irrespective of the gross amount of the goods delivered.
4. The delivery costs for consignments within Germany amount to 4,00 EURO. If the purchaser requires the consignment to be sent by special service providers (e.g. express delivery) or if the consignment has to be sent abroad, Hard Wax will inform the purchaser of the delivery costs on request.
5. Cash on Delivery (C.O.D.) charges must always be paid by the purchaser. At present the charge is 7,00 Euro in addition to the delivery costs.
§ 5 Payment, maturity and default
1. If goods are ordered nationally, the purchaser has to pay the price exclusively by C.O.D., credit card or direct debit.
Hard Wax will charge 7,00 EURO for a C.O.D. (§ 4 section 5).
If the purchaser is ordering from abroad, the payment can only be made by credit card or advance payment.
2. If the purchaser is in default of payment, Hard Wax shall be entitled to charge default interest at a rate of 5,00% per year over the base lending rate specified by the European Central Bank. If Hard Wax suffers a higher loss (e.g. due to return debit notes), Hard Wax can demand for reimbursement of the higher loss instead of default interest.
3. The amount invoiced is due for payment on receipt of the invoice which is attached to the delivered goods.
§ 6 Set-off, retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by Hard Wax.
§ 7 Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of Hard Wax.
§ 8 Liability for defects
1. The legal provisions are valid for defects to the goods sold (§§ 434 ff BGB). It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods.
Hard Wax is therefore not liable for any damages except for damages to the actual delivered goods.
2. Hard Wax emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. Hard Wax shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
3. Hard Wax emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intelectual property rights or ancillary copyright. Hard Wax shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intelectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
4. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 3 here in are also applicable to Hard Wax' employees, representatives and vicarious agents.
5. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
6. In those cases where Hard Wax provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to Hard Wax at the expense of Hard Wax within 30 days of receipt of the replacement delivery.
7. Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser.
§ 9 Data protection
Personal data that Hard Wax has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. Further details are specified in the data privacy regulations.
§ 10 Applicable law
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.