General Terms and Conditions
SECTION 01
VENDOR, INCLUSION BY REFERENCE OF THE GENERAL TERMS AND CONDITIONS
(1) The vendor and contracting party for the merchandise presented in the online shop WIWWG.COM is:
Musikverlag & Tonträgerhandel Martin Kühnel
Schaubstr. 11
60596 Frankfurt
Germany
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+49 (0) 69 27310775
+49 (0) 176 32461975
info@whatiswrongwithgrooving.com
Referred to hereinbelow as the “Vendor“ for short.
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
SECTION 02
MERCHANDISE OFFERED AND CONCLUSION OF CONTRACT
(1) The Vendor is offering the articles presented in the online shop for sale. The colours of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, the conclusion of the contract and implementation of the agreement shall all take place in English.
(3) The Vendor shall deliver the merchandise to destinations worldwide.
(4) Customers shall select the merchandise desired by placing it in their CART by clicking on the button ADD TO BASKET and continuing his purchases or by finishing to select the merchandise by clicking the button PROCEED TO CHECKOUT. The order will be conclusively placed with the Vendor by clicking on the button PROCEED TO PAYPAL. Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a sales offer for the merchandise presented in its shop. By transmitting the order using the button PROCEED TO PAYPAL the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contracts concluded is stored by the Vendor and is sent to the customer with the contract confirmation.
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
SECTION 03
PRICES AND PAYMENT
(1) The prices quoted are final prices, i.e. they include all price components including statutory VAT plus shipping costs.
(2) The shipping costs are listed in the course of the purchase process.
(3) At the selection of the customer, the Vendor shall deliver the merchandise against payment by PayPal. For PayPal payments, the customer will – after the conclusion of the contract – be forwarded to the website of the PayPal S.a.r.l., from where payment can be made by entering the customer‘s PayPal details.
(4) For orders subject to pre-payment, a payment period of six weeks from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such a timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
SECTION 04
SHIPMENT, DELIVERY PERIODS
(1) The Vendor shall deliver the merchandise within the time period indicated in the course of the purchase process after the payment is made.
(2) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered separately in a shorter time, he may place a separate order for that product.
(3) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at the conclusion of the contract.
SECTION 05
RIGHT OF WITHDRAWAL FOR CONSUMERS
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period; in derogation here from, the withdrawal period for consumers who have their permanent residence in Slovenia is 15 calendar days.
(3) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.
SECTION 06
GENERAL INFORMATION
(1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
(2) Please do not return the goods freight forward.
(3) Please note that the above clauses 1-2 are not a precondition for effectively exercising your right to cancel.
SECTION 07
WARRANTY
(1) For the used goods offered, the parties agree that the period of limitation regarding warranty claims shall be shortened to one year. However, the shortened period shall neither apply to claims based on injury to life, body or health nor to claims for other damages arising from a grossly negligent or intentional breach of duty by the vendor, by a legal representative of the vendor or by a person used to perform an obligation of the vendor.
(2) In all other regards, the warranty claims shall be governed by the statutory regulations.
SECTION 08
DATA PROTECTION POLICY
(1) The vendor shall collect and process the data input by the customer in the course of his purchase for the purpose of processing the contract and performing in accordance with the same. The collected data consists of the customer’s name, address, e-mail-address and his company information that he specifies. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transferred to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s data referred to in paragraph 1 to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax, law retention periods have expired.
(4) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) The controller of data protection is the vendor referred to in section 1 paragraph 1.
(6) To the extent a customer uses the services of PayPal for payment, the data protection provisions established by the used payment service shall apply to the payment process. In this context, each payment service shall be taking action as the person employed by the customer in the performance of his obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.
SECTION 09
COMPLAINTS, DISPUTE & DISPUTE RESOLUTION
(1) If you have any complaints, it is best to send an email to info@whatiswrongwithgrooving.com
We do not offer an alternative dispute resolution service as outlined in EU-VO Nr. 524/2013.
(2) Any company engaged with the online trade of goods and/or services must enable their customers to raise a dispute online (in accordance with Article 14.1 EU Regulation Nr.524/2013). You can find further information on the EU Online-Dispute Resolution Centre here: https://ec.europa.eu
SECTION 10
FINAL PROVISIONS
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law, the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in Frankfurt (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(4) In case of any inconsistency between the German version of above provisions and their English translation, the German version shall prevail.