Steamhammer, a division of SPV GmbH
Boulevard der EU 8 · 30539 Hannover · Germany
tel: +49 511 87090 · firstname.lastname@example.org
Managing Director: Frank Uhle
HRB-NR. 1698 · VAT: DE 115662085 · ILN-Nr.: 4001617000007
Terms of Service
General Terms and Conditions of Business (GTCs) of SPV Schallplatten, Produktion & Vertrieb GmbH, c/o Steamhammer Store, Boulevard der EU 8, D-30539 Hanover, hereinafter also referred to as "Steamhammer", "Steamhammer Store" or "Online Shop" or "SPV"
§ 1 General – Scope
- The General Terms and Conditions of Business apply to all current business relationships. The following General Terms and Conditions of Business apply to all orders transmitted by e-mail to the Steamhammer Store by customers and are accepted by customers upon every order.
- "Consumers" within the meaning of these General Terms and Conditions of Business are natural persons with whom we enter into a business relationship, without a commercial or independent professional activity being attributable to them.
"Business Customers" within the meaning of these General Terms and Conditions are natural persons or legal entities or partnerships having legal capacity with whom we enter into a business relationship, which act in the exercise of a commercial or independent professional activity.
- "Customers" within the meaning of these General Terms and Conditions are both consumers and business customers.
- Any differing, conflicting or additional general terms and conditions of business, even if they are known, shall not be components of a contract, unless their validity is expressly agreed upon in writing.
§ 2 Conclusion of a Contract
- Our offers are non-binding. Technical changes and changes in shape, color and/or weight within reasonable limits are reserved.
- Upon ordering goods, the Customer makes a binding declaration of its intent to purchase the ordered goods.
- When there is a purchase in the Online Shop, a purchase contract is concluded through the acceptance of the Customer's order by the Steamhammer Store. Any price displayed in the Online Shop does not constitute an offer in the legal sense.
- We shall initially examine the extent to which we are able to carry out the customer's order. Only then will we accept the offer contained in the order, in whole or in part. This typically occurs through our delivery of the goods. The receipt and the acceptance of the order may be declared either in writing or by delivering the goods to the Customer. If the Customer provides its e-mail address, it will receive an order confirmation. The text of the contract will be stored. Upon the delivery or the sending of the order confirmation, the purchase contract between SPV and the Customer shall be concluded in the corresponding scope.
- A contract shall be concluded subject to the reservation that our suppliers affect their deliveries in a proper and timely fashion. This shall apply only in the event that we are not responsible for the failure to deliver, in particular if a matching coverage transaction is concluded with our supplier. The Customer shall be immediately informed of the non-availability of the good or service. All payments shall be refunded immediately.
- If a Consumer orders goods electronically, we shall store the text of the contract and deliver such text to the Consumer, along with the current GTCs, by e-mail upon its request.
- The illustrations and information regarding dimensions and weight that underlie an offer are to be only understood as approximate values, unless they are expressly designated as binding. It is possible that there will be color deviations from the illustration for the original product.
- Partial deliveries are permissible, to the extent that this is reasonable for the Customer. Any subsequent delivery will then take place free of postage.
- Offers, special items and unique items can only be delivered as long as they are in stock.
§ 3 Retention of Title – Limitation on Reselling
The goods shall remain the property of SPV until full payment. Prior to the transfer of ownership, any pledge, transfer by way of security, processing or transformation is not permitted without our express consent. Any commercial reselling of goods is only permitted after our prior express consent in the individual case.
§ 4 Prices and Shipping Costs
- The prices listed at the time of ordering online shall apply. The stated prices are final prices; that is, they include the applicable statutory value-added tax and other price components, subject to the addition of shipping costs as shown in the order transaction. No additional costs will arise for the Customer when ordering through the use of means of remote communication. The shipping costs will be stated when ordering.
- The Customer shall have a right of set-off only if its counterclaims have been legally established, or if we have acknowledged them. The Customer may exercise a right of retention only if its counterclaim is based on the same contractual relationship.
§ 5 Delivery terms
Unless otherwise agreed, delivery shall take place from the warehouse to the delivery address stated by the ordering party. For an online order, the payment amount will be shown in the order confirmation. The Customer may print out the same. Upon the receipt of the payment amount to the account stated in the order confirmation e-mail, the Customer shall receive the original invoice through the Online Shop with the goods. If ordered goods cannot be delivered and are returned to us, we shall charge the Customer for the costs that we incur. We send the goods only when all ordered articles have been officially published.
§ 6 Consumer Rights of Revocation
You may revoke your contractual declaration within 14 days, without stating the reasons, in written form (such as a letter, fax or e-mail) or - if you have received the items prior to the deadline - by returning the items. The period will commence upon the receipt of this notification in written form, but not prior to the recipient's receipt of the goods (where similar goods are delivered on a recurring basis, not prior to the receipt of the first partial delivery) and not prior to the fulfillment of our information obligations pursuant to Article 246, § 2 in conjunction with § 1, paras. 1 and 2 of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, "EGBGB") along with our obligations pursuant to § 312e, para. 1, sentence 1 of the German Civil Code (Bürgerliches Gesetzbuch) in conjunction with Article 246, § 3 of the EGBGB.
The timely dispatch of the revocation or the items shall be deemed sufficient for compliance with the revocation period. The revocation is to be addressed to:
Consequences of a revocation: In the event of an effective revocation, the goods or services received by either party shall be returned and any benefits (such as interest) that may have been derived shall also be returned. If you cannot return the goods or services to us in whole or in part, or can return them only in deteriorated condition, you must provide us appropriate compensation for lost value. For the deterioration of the items and for the derived benefits, you must provide compensation for lost value only to the extent that the benefits or the deterioration with the item are to be attributed to a scope that goes beyond the examination of the properties and functioning of the item. "Examination of the properties and functioning" means the testing and trying out of the particular goods, as this is possible and customary in a retail shop.
Items capable of being shipped by parcel are to be returned, with insurance. You must bear the costs of the return shipment if the delivered goods correspond to that which was ordered, and if the price of the items to be sent back does not exceed an amount of 40 euros, or, if there is a higher price for the item at the point in time of the revocation, you have not yet furnished the consideration or a contractually agreed partial payment. Otherwise, the return shipment will be free of charge for you. Items not capable of being shipped by parcel will be collected from you. Obligations to provide reimbursement for payments must be fulfilled within 30 days. For you, the period commences with the dispatch of your declaration of revocation or the item; for us, the period commences with their receipt.
§ 8 Terms of Payment
Our payment options include payments via PayPal and credit card payments through Stripe.
§ 9 Transfer of Risk
- If the purchaser is a Business Customer, the risk of accidental loss and accidental deterioration of the goods transfers to the purchaser upon handover, and with a dispatch sale upon the delivery of the item to the shipper, the carrier or any other person or institution designated to carry out the shipment.
- If the purchaser is a Consumer, the risk of accidental loss and accidental deterioration of the sold items transfers to the purchaser, even with a dispatch sale, only with the handover of the item.
- If the Customer is delayed in regards to accepting the goods, the handover shall still be deemed to have taken place.
§ 10 Warranty
- As a general rule, the warranty shall be affected in accordance with the statutory provisions. The warranty claims of the Customer shall be limited initially to the right to subsequent performance or a replacement delivery, whereby the selection of a Consumer may be rejected by the Steamhammer Store if it is only possible with disproportionate costs. A Business Customer shall not be entitled to such a selection right. The subsequent performance shall be deemed to have failed upon the second unsuccessful attempt if nothing else arises, in particular, from the nature of the item or the defect, or any other circumstance. If the subsequent fulfillment has failed, or if the Steamhammer Store has rejected subsequent fulfillment or does not respond to the reasonable period set by the Customer, the Customer shall be entitled to reduce the fee or withdraw from the contract. This shall not affect claims to compensation for damages. Our warranty does not include any damages caused by improper use, by storage or by any intervention of a third party.
- By way of derogation from number 1, the following shall apply for Business Customers: A warranty claim of a Business Customer requires that it has duly complied with its obligations to examine and provide notification of defects owed under § 377 of the German Commercial Code (Handelsgesetzbuch, "HGB"). If the purchaser is a Business Customer, as a general principle, solely the manufacturer's product description will be deemed to be agreed as the condition of the goods. Public statements, claims or advertisements by the manufacturer will not constitute any contractual information relating to the condition of the goods. If the end user is a Business Customer, the period of limitations for new goods amounts to 1 year.
- To the extent that a subsequent fulfillment takes place through a replacement delivery, the Customer shall return to us the originally delivered goods within 30 days, and we shall bear the costs that arise from this. Any complaints regarding the delivered goods should be directed to E-mail: email@example.com
- The goods will exhibit the following condition, of which the Customer is hereby informed: Due to individual monitor settings, the color rendition of the products in an illustration may vary from the delivered goods. The illustrations of the items do not match the original size. This will not constitute a defect and will not be grounds for a complaint.
- The Customer shall not receive from us any guarantee in the legal sense.
§ 11 Limitations on Liability
The Steamhammer Store shall not be liable for damages that have been caused by simple negligence, if such damages are not related to violations of material obligations, damages arising from an injury to life, body or health or guarantees, or if such damages are not based on claims under the German Product Liability Act (Produkthaftungsgesetz). The same shall apply to breaches of duties by vicarious agents of the Steamhammer Store. In the event of a violation of a material contractual obligation, liability in cases of simple negligence shall be limited to damages that are typically associated with the contract and that are foreseeable.
§ 12 Data Privacy
The Customer is hereby informed that the Steamhammer Store collects, stores and processes its files in the scope required to carry out the contract, and on the basis of the data protection laws. Data is forwarded only to the extent that this is required for the purpose of performing and carrying out the contract. At the Customer's request, the data will be deleted without any charge. Our data privacy statement applies.
§ 13 Miscellaneous
- If the Customer is a merchant (Kaufmann) within the meaning of the HGB, the exclusive (and international) area of jurisdiction for all disputes arising directly from this contractual relationship is Hanover. The same shall apply in cases of cross-border contracts, even for non-merchants.
- The law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, is applicable. This will not affect the mandatory rules of the country in which the Customer has its habitual residence.
- If any provision of these General Terms and Conditions of Business is invalid, the contract shall remain valid in all other respects. The relevant statutory regulation shall apply in the place of the invalid provision.
Liability for content
Pursuant to § 7, para. 1 of the German Telemedia Act (Telemediengesetz, "TMG"), as a service provider, we are liable for our own content on these pages according to general laws. However, according to §§ 8 to 10 of the TMG, we are not obligated, as a service provider, to monitor transmitted or stored third-party information, or to investigate circumstances that indicate illegal activity. This does not affect our obligations to remove or block the use of information according to general laws. However, any liability in this regard is possibly only from the date of attaining knowledge of a specific legal violation. If we become aware of any such legal violations, we shall remove such content without delay.
Liability for links
Our site contains links to third-party websites, the content of which we have no control. As such, we cannot accept responsibility for such third-party content. The respective provider or operator is always responsible for the contents of any linked site. The linked sites were checked for possible legal violations at the time that they were linked. Illegal contents were not identifiable at the time that they were linked. However, without specific evidence indicating a legal violation, permanently checking the linked pages in terms of content is not reasonable. If we become aware of legal violations, we shall remove such links without delay.
The content and works created by the site operator on these pages are subject to German copyright law. Any reproduction, adaptation, distribution and or any type of exploitation outside of the limits of copyright law requires the express written consent of the author or creator. Downloads and copies of these pages are permitted only for private, non-commercial use. To the extent that the content on these pages was not created by the operator, the copyrights of third parties are observed. In particular, any content of third parties is identified as such. If you nevertheless become aware of any copyright infringement, we ask for a notice in this regard. If we become aware of legal violations, we shall remove such content without delay.