§ 1 General
The following general terms and conditions in their currently valid version apply to business relationships of any kind between Majid Drums and the Majid Drums customer. Customers can be both entrepreneurs and consumers.
The presentation of the products in the online shop is not a legally binding offer, but only a non-binding online catalog of the range of goods. By clicking the Majid Drums button “Buy”, the customer places a binding order for the goods in the shopping cart. A confirmation of the receipt of the order follows immediately after sending the order. The purchase contract is only concluded with our separate order confirmation. The text of the contract is saved and the order data and the general terms and conditions are sent to the customer by email from Majid Drums.
Majid Drums reserves the right not to provide the promised service if it turns out after the conclusion of the contract that the goods are not available, although a corresponding obligation has been concluded. In such a case the customer will be notified immediately. Any consideration already provided will be reimbursed immediately. Further claims against Majid Drums are excluded.
The contract language is German.
Specifically, the customer goes through ordering in the online shop following technical steps:
Click the “Checkout” button from the pop-cart
Forwarding to Majid Drums general order summary page (majiddrums.com/kasse), are run on the below each purchase
Step1 Selection of the “billing and delivery address” (in the event that the customer does not have a customer account and is not logged in; otherwise, the billing and delivery address are stored);
Entering the “billing”
address If the billing address and the delivery address are different, Majid Drums can click on the checkbox to “enter a different delivery address”.
Step 2 In the next section, “All items in your order” are clearly displayed;
Step 3 Select the “payment method” (by clicking on the desired payment method).
Step 4 Complete the order by clicking on the “Buy” button.step
The customer can access the aforementioned order using the usual functions of his Internet browser.
§ 2 DELIVERY
If the customer is an entrepreneur (§ 14 BGB), delivery is always at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the item sold does not pass to the customer until the item is handed over, even if the item is sold by mail. The handover is the same if the buyer is in default of acceptance. Delivery is made to the delivery address specified by the customer.
All prices are cash prices including VAT plus any packaging and transport costs.
The shipping costs to other countries can be found under shipping costs. For deliveries to third countries, additional duties and fees apply to the customer.
The goods must be examined for transport damage immediately upon receipt by the customer or his agent. The customer, who is a merchant within the meaning of the German Commercial Code, must have any detectable transport and packaging damage confirmed in writing by the transport company upon acceptance of the goods and report it. We ask customers who are consumers in a legally non-binding manner to report obvious transport damage to us as well.
§ 3 LEGAL RIGHT OF WITHDRAWAL
1. Right of withdrawal
If the customer is a consumer (§ 13 BGB), he has the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier took possession of the last goods.
In order to exercise the right of withdrawal, the customer must inform us (Majid Drums, owner Majid Karami, Widdersdorfer Str. 246, 50825 Cologne, phone: 0221-96261852, email: info @ Majid Drums.com) by means of a clear declaration (eg a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. He can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
2. Consequences of cancellation
If the customer Majid Drums cancels this contract, we have all payments that we have received from him, including delivery costs (with the exception of the additional costs that result from the customer using a different type of delivery than have chosen the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract. For this repayment, we use the same means of payment that the customer used in the original transaction, unless something else was expressly agreed; In no case, the customer will be charged fees for this repayment. We can refuse repayment until we have received the goods back or until proof is provided by the customer that the goods have been sent back, whichever is earlier.
The customer must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which he informed us of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. Majid Drums does not bear the cost of returning the goods.
The Majid Drums customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the condition, properties and functionality of the goods.
3. Exclusion of the right of withdrawal
The right of withdrawal does not apply to the
delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,
delivery of sealed goods that for reasons of health protection or hygiene are not suitable for return if their seal has been removed after delivery, delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery, delivery of newspapers, magazines or illustrated publications with the exception of subscription contracts.
§ 4 WARRANTY AND DAMAGES
Defects or damage that can be traced back to culpable or improper handling or improper installation as well as use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by Majid Drums are excluded from the warranty.
Wear and tear due to usage is also excluded from Majid Drums’ warranty.
If the customer accepts the goods or the order item despite knowledge of a defect, he is only entitled to warranty claims in the scope described below if he expressly reserves these in writing immediately after receipt of the goods.
The customer Majid Drums is only entitled to warranty claims due to existing transport damage if he has fulfilled his obligation to examine and notify according to § 2 number 4. This does not apply if the customer is a consumer.
The warranty period for new items is 24 months. The period begins with transfer of risk. In deviation from this, the warranty period for used items is 12 months, unless Majid Drums Majid Drums has unlimited liability in accordance with § 5 Section 7, in particular for injury to life, limb and health. If the customer is an entrepreneur, the warranty period for new items is one year and for used items six months from the transfer of risk, provided that Majid Drums Majid Drums does not have unlimited liability in accordance with Section 5 Clause 7, in particular for injury to life, limb and health meets ..
Otherwise, the warranty is based on the statutory provisions.
Majid Drums is only liable for damage other than injury to life, body and health insofar as Majid Drums has acted with intent or gross negligence or culpable breach of an essential contractual obligation by Majid Drums or a vicarious agent (eg the delivery service) of the music house Majid Drums eK. Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected. If a major Majid Drums contractual obligation is negligently breached, the liability of the music house Majid Drums eK is limited to the foreseeable damage.
§ 5 DUE DATE AND TERMS OF PAYMENT
The invoices from Majid Drums are – unless otherwise agreed in writing – payable immediately and without deduction. Payment is made upon delivery by cash on delivery against cash. Orders in advance will only be sent after receipt of payment. When paying by credit card, the actual debiting takes place when the invoice is created and the goods are dispatched. When the customer sends the online order, the total amount is reserved on his credit card.
Majid Drums reserves the right to reject checks and other Majid Drums non-cash means of payment. Acceptance is always only as payment. Payments in a foreign currency will be credited according to the bank account. Bank charges are to be borne by the customer.
If the customer is in arrears with the payment of the purchase price, then the sum of the purchase price shall be subject to interest at Majid Drums at five percentage points above the respective base rate. If the Majid Drums has verifiably incurred higher damage caused by default, the Majid Drums is entitled to assert this.
§ 8 RESERVATION OF TITLE
The delivered goods remain the property of Majid Drums until all claims against the customer, including all ancillary claims, have been paid in full, insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB). In the case of contracts with consumers, Majid Drums retains ownership until the purchase price has been paid in full. The customer is not entitled to sell the goods to third parties until the purchase price has been paid in full or to take any other measures that could endanger the property of Majid Drums. The customer already now assigns his future claims against the purchaser in the amount of the purchase price agreed between Majid Drums and the customer including interest and ancillary claims to Majid Drums. Majid Drums accepts this assignment.
§ 9 PLACE OF PERFORMANCE AND PLACE OF JURISDICTIONSales
German law applies exclusively to the exclusion of the UNConvention (CISG).
The place of performance for all services from the business relationship with Majid Drums is Cologne, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
If the customer is a merchant, legal entity under public law or public / legal special fund, Cologne is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these general terms and conditions.
§ 10 FINAL COMMISSIONS
Should any of these provisions – for whatever reason – not apply, this will not affect the validity of the remaining provisions.