General Terms and Conditions for Direct Sales to Private Individuals of the POPoNAUT - Sebastian Stolle & Heiko Schröder GbR
§ 1 Scope of Application
(1) Orders, sales, deliveries and other services performed by POPoNAUT - Sebastian Stolle & Heiko Schröder GbR (hereinafter referred to as POPoNAUT) shall be carried out solely on the basis of the following General Terms and Conditions, which the customer accepts by placing an order or accepting delivery of goods.
(2) Our General Terms and Conditions apply exclusively. Adverse, deviating or supplementary terms of the customer are hereby contradicted, unless we expressly approve their validity in writing.
§ 2 Conclusion of Contract
(1) The presentation of POPoNAUT's range in the internet does not represent a quotation within the meaning of sec. 145 et seq. German Civil Code (Bürgerliches Gesetzbuch, BGB).
(2) By placing an order in our online shop at www.poponaut.de, by fax, by e-mail or by phone, the customer submits a quotation within the meaning of sec. 145 et seq. German Civil Code (Bürgerliches Gesetzbuch, BGB).
(3) The contract of sale with POPoNAUT shall be concluded, when we notify you by e-mail that your order is in process. For those articles from the same order not listed in this notification no contract of sale comes into effect. The contracting partner is POPoNAUT - Sebastian Stolle & Heiko Schröder GbR. A separate declaration of acceptance by POPoNAUT to the customer is not required, the customer insofar waives within the meaning of sec. 151 (1) German Civil Code (Bürgerliches Gesetzbuch, BGB). In case POPoNAUT cannot accept the customers offer, the customer shall be notified by e-mail, fax or telephone.
§ 3 Terms of Delivery
(1) POPoNAUT shall deliver the ordered goods to the address specified by the customer during the order process, if possible immediately after the customer has submitted the order to POPoNAUT respectively paid the order. POPoNAUT shall be entitled to make partial deliveries. Arising costs are at POPoNAUT's expense. Furthermore POPoNAUT shall be entitled to charge additional shipping fees, if the customer wants to receive a partial delivery.
(2) Shipping shall be carried out at the shipping costs stated in each particular case in the order confirmation.
(3) Deliveries by POPoNAUT shall be carried out with the reservation that POPoNAUT itself will be supplied completely and in time and is not responsible for non-availability. In case a certain article or substitute is unavailable, POPoNAUT shall be entitled to refuse the delivery. POPoNAUT shall notify the customer about the non-availability. The probably already paid purchase price will be refund immediately.
(4) Delivery periods stated shall be non-committal and only approximate, as far as a delivery date has not been bindingly agreed.
(5) POPoNAUT reserves the right to deliver limited available articles in quantities commonly used in an average household only.
§ 4 Prices
(1) All prices stated in our shop shall be final consumer prices in EUR () and shall contain the statutory VAT (Value Added Tax). For orders from outside the European Union, statutory VAT (Value Added Tax) shall not be applicable.
(2) The prices stated in our shop at the time of the order shall apply. The right to change prices due to falsities or technical errors shall be reserved. If prices needs to be corrected, we will no dispatch the affected articles without agreement of the customer.
§ 5 Terms of Payment
(1) POPoNAUT shall only accept the payment methods shown to the customer during the order process. POPoNAUT reserves the right to exclude certain payment methods in particular cases.
(2) The purchase price shall be due on conclusion of contract.
(3) The customer shall receive a detailed payment information for the payment method Bank Transfer / Payment in Advance immediately after submitting the order. The customer shall receive the corresponding invoice with the delivery of the ordered articles.
(4) The due purchase price shall be debited from the customers bank account immediately after conclusion of contract at the payment method Direct Debit. Too much paid amounts shall be refund by POPoNAUT without delay. Arising expenses in case of dishonor of direct debits (e.g. because of insufficient funds), as well as the costs for a reversal debit have to be reimbursed by the customer, in case the customer is solely responsible for the dishonor of the direct debit, because the customer acts culpably contrary to contract.
(5) Customers with residence outside Germany may only be supplied after payment by Bank Transfer, PayPal or Credit Card. All arising bank transfer charges are always solely at the expense of the customer.
(6) If the customer is in default of payment, POPoNAUT shall be entitled to charge default interest of 5% above the basic interest rate of the European Central Bank. The customer shall be entitled to demonstrate that POPoNAUT suffered a lower level or no damage. The right to claim further damages shall be reserved for POPoNAUT.
(7) In the event of non-payment, POPoNAUT shall be entitled to collect the debt through a collection agency or a laywer mandated by POPoNAUT. The arising costs for the debt collection are solely at the expense of the customer, in case he is in default and responsible for the non-payment.
§ 6 Right of Revocation
(1) Customers may revoke the contract by returning the goods within 14 days from receipt of the order without stating reasons.
(2) The two-weeks revocation period shall commence upon receipt of the order and this instruction in text form. Punctual dispatch of the received unused and undamaged articles to POPoNAUT shall be sufficient in order to revoke the contract concluded with us.
(3) Consequently the concluded contract will become irrevocable effective after expiration of the two-weeks revocation period.
(4) The customer shall bear the costs of the return consignment, if the price of the returned articles does not exceed an amount of 40,00 EUR, unless the delivered articles or services were not the ones ordered. If the price of the articles exceeds the amount of 40,00 EUR, POPoNAUT will reimburse the costs of the return consignment.
POPoNAUT shall not accept freight forward returned shipments. They will be returned to the customer at it's own expense. Therefore return consignments have to be
sufficiently stamped. Freight forward shipments and deficiencies of postage shall be regarded as not orderly returned and might not be considered as returned within the revocation period, unless POPoNAUT exceptionally accepts the return consignment.
On revocation by the customer, POPoNAUT shall reimburse the purchase price and the usually incurring shipping costs using by Post or DHL. Costs for other carrier shall not be reimbursed.
Customers with residence outside Germany shall bear the full expenses of the return consignment itself.
(5) If articles are returned damaged or destroyed, the customer shall reimburse POPoNAUT for the depreciation or the value of the returned articles. The customer bears the transportation risk of the return consignment.
(6) In case of revocation after delivery of goods, POPoNAUT shall reimburse already made payments after receipt of the return consignment. Already reimbursed costs of the return consignment shall be deducted from the amount to refund. For payments to bank accounts outside Germany, possibly incurring costs for the transfer shall be deducted as well.
(7) The right of revocation is excluded
1. on contracts for delivery of magazines, journals and newspapers,
2. on contracts for delivery of goods, which have been produced or supplied at customer's option,
3. on contracts for delivery of import articles,
4. for unsealed audio and AV media respectively for audio and AV media unsealed by the customer.
Incidentally sec. 312d sub-section 4 German Civil Code (Bürgerliches Gesetzbuch, BGB) shall apply.
(8) Return of concert tickets is basically excluded, except for postponement (spatial more than 30km or temporally more than 3 days) or cancelation of the event. In case of postponement of an event, tickets shall be returned to POPoNAUT up to 3 days before the event. Tickets needs to be received by POPoNAUt latest 3 days before the event.
In case of cancelation of an event, POPoNAUT shall accept returns of bought tickets within 14 days after the event date.
The reimbursement of the ticket price shall takes place immediately after receipt of the returned tickets by POPoNAUT. The reimbursement shall be made to an account specified by the customer. Cash payments shall not be made. Reimbursement of pre-sale fees, shipping costs, expenses and other claims for indemnification shall be excluded.
Costs and risk of the return consignment have to be beared by the customer.
POPoNAUT shall not be liable for circumstances for which POPoNAUT is responsible for. The customer is particularly responsible for catching up himself on time and place of the event and possible cancelations or postponements. Particularly the liability of POPoNAUT for ascendancies by force majeure or reasons based in the person of the artist or the promoter as well as comparable events shall be excluded. The promoter reserves the right to change program or cast, this shall not entitle the customer to return bought tickets. POPoNAUT shall assume no liability or guarantee for the benefits offered by the promoter. Particularly the general terms and conditions of the promoter shall apply.
§ 7 Warranty and Liability
(1) Obvious defects to goods supplied or damages in transit shall be notified to us within 10 days from receipt of the order. In the event of a damage POPoNAUT shall rectify the defect or provide a replacement. In the event that rectification of the defect or provision of a replacement is unsuccessful or impossible within reasonable time, the customer shall be entitled to cancel the contract or to demand to reduce the purchase price.
(2) Externally visible damages in transit shall be notified to the delivering logistics partner at time of receipt. Defects noticed after unpacking an externally undamaged shipment shall be claimed to the responsible logistics partner within 7 days from receipt of the consignment. In both cases POPoNAUT shall be notified promptly. The customer needs to have possibly occured damages in transit attested by the logistics partner in written form.
Possibly return consignments, because of damages in transit, shall be agreed with POPoNAUT. The return consignment shall be made for now at customers expense and risk. Freight forward shipments and deficiencies of postage shall not be accepted.
(3) POPoNAUT shall be liable, if culpable violating essential duties arising from the contract, for deficiency of warranted characteristics as well as damages caused deliberately or due to gross negligence by POPoNAUT or persons employed to perform its obligation. Beyond that, irrespective of legal basis, in accordance with the provisions of the German Product Liability Act.