Terms / Conditions

Terms and Conditions

Please note: This "Terms and Conditions" text is the translation of the original text "Allgemeine Geschäftsbedingungen (AGB)", which is written in German. In case of a conflict the German version of this text takes priority over this translation.

1. Scope of application

Our general terms and conditions apply for our customers exclusively and regardless of their way of ordering (be it by phone, fax, email, internet or store purchase). They are subsequently called 'AGB'.

A consumer pursuant to these general terms and conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these terms and conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

These terms and conditions apply to entrepreneurs for future business relationships, without us having to refer to them again. If the entrepreneur uses any conflicting or additional terms and conditions, the validity of those will be hereby rejected; they are only part of the contract if we have expressly agreed.

2. Contractual partner, conclusion of the contract

The sales contract is made with Projektil Records UG (haftungsbeschränkt).

The presentation of products in our online shop is not a legally binding offer, but a non-binding online catalog. You can initially put our products into your cart without obligation and correct your entries before sending your binding order any time by using the provided and explained proofing tools during the order procedure. By clicking the order button you place a binding order for the goods in your shopping cart. The purchase agreement comes into being when we accept your order by sending you an order confirmation per e-mail immediately after the receipt of you order. With this e-mail confirmation the purchase contract has been concluded.

A binding contract can also be previously signed as follows:

  • If you have selected credit card payment, the contract is concluded at the time of the credit card debiting.
  • If you have selected the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction at PayPal.
  • If you have selected the payment method Sofortüberweisung, the contract is concluded at the time of your confirmation of the payment instruction to the SOFORT AG.

3. Right of withdrawal for our customers

Right of withdrawal

The customer (as a consumer according to section 13 of the German Civil Code (BGB)) may withdraw Projektil Records UG (haftungsbeschränkt) from the contract in writing (e.g. letter, fax, email) within 14 days without giving any reason.

In order to exercise the right of withdrawal, the customer must notify us (Projektil Records UG (haftungsbeschränkt), Brünner Str. 10, 04209, Leipzig, Germany, info@rock-gear.de, Tel.: +49 (0) 341/52902741, Fax:+49 (0) 341/52902743) of his/her decision to withdraw from the contract in a clear declaration (e.g. by sending a letter by mail, fax or e-mail).

The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.

Consequences of withdrawal

If the customer withdraws from this contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer's withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.

The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this contract. The deadline is deemed to be met if the customer sends the goods before the expiry of this fourteen-day deadline. We bear the costs of return, if the weight of the goods is under 31.5 kg and the purchase price of those products exceeds 40.00 €. We cannot bear any returning costs for foreign shipments within our right of withdrawal. The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.

The right of withdrawal shall not apply in the following cases:

(1) Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements. This includes bulk stock and material sold by the meter.

(2) Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.

(3) Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.

30 DAY MONEY BACK GUARANTEE (Extended right of return)

In addition to the legally required 14-days-right of withdrawal concerning distant selling contracts, we offer every consumer pursuant to § 13 BGB an additional 16-days-returning rights:

Customers that have concluded a distant selling contract with us have the right to return the delivered goods without having to name certain reasons within 30 days. The time limitation starts after reception of this instruction in written form, however not before the goods are actually delivered to the customer (in case of continuing deliveries of similar goods not before reception of the first partial delivery) as well as the fulfillment of all information duties of Distant Selling and e-commerce (please see Right of withdrawal). To comply with the notice period, timely dispatch of the goods or of the return demand is sufficient. It will have to be stated if the amount is supposed to be reimbursed or credited to another product.

For those additional rights of return (30-days-money-back-guarantee/ 30-days-return-guarantee), the following conditions apply:

(1) Rights of return are to be considered forfeited if the goods have been manufactured or altered according to customer specifications. This also applies to yard goods and items subject to wear and tear such as strings, sticks, drumheads, cables, plectrums, tubes and reeds, as well as to items such as harmonicas or in-ear headphones which cannot be returned for reasons of hygiene.

(2) Projektil Records UG (hauftungsbeschränkt) shall bear the costs of return, if the weight of the goods is under 31.5 kg and the purchase price of those products exceeds 40.00 €. The customer may request a free way ticked in order to receive a free transport by DHL. If the weight exceeds 31.5 kg, a collection via forwarding agency can be arranged through us (with costs). Unfortunately, we cannot bear any returning costs for foreign shipments within our 30 days money back guarantee.

(3) The goods have to be returned in their original packaging as well as outer packaging, including all of the equipment and without any wear or tear. Projektil Records UG (haftungsbeschränkt) reserves the right to retain a compensatory (deducted purchase price) in case of goods that are obviously impaired through use, alternatively to refuse returning the goods to the customer.

(4) The conditions as mentioned in the section "30 DAY MONEY BACK GUARANTEE (Extended right of return)" do not apply for the first 14 days (statutory right of withdrawal) of the 30-days-money-back-guarantee, but only in the subsequent 16 days.

4. Three years warranty

The Projektil Records UG (haftungsbeschränkt) provides a guarantee for any defects arising during a period of three years from the transfer of the risk which can be proven to have been caused due to a material deficiency or a manufacturing error. Only customers who are consumers in accordance to § 13 BGB can assert claims under the guarantee; these claims are non-transferable.

Excluded from the warranty are wear parts that are subject to normal use or natural wear, such as strings, drumsticks, batteries or tubes as well as:

(1) Books, Software, DVD's

(2) Product defects that are a result from misuse or failure to observe the instructions, improper handling, overload or lack of care

(3) Damages and defects of the product through use of unsuitable third-party parts that had not been part of the original product

(4) Products that the customer has tried his own modifications on

For all acknowledged defects within the warranty period, the correction of the defects occurs at our discretion, namely either through a free repair or a technically flawless substitute. The substituted parts or products become the property of the Projektil Records UG (haftungsbeschränkt).

Claims have to be asserted within the period of warranty. For this purpose, the affected product must be returned with a copy of the invoice to the Projektil Records UG (haftungsbeschränkt). Other claims than the right called in these guarantee terms on removal of the defects of the product are not founded by this guarantee. The guarantee period for the product shall neither be extended nor renewed as a result of the provision of services under the guarantee.

The customer's warranty rights in accordance with the statutory regulations shall not be restricted by these terms and conditions of guarantee.

5. Shipping costs

In addition to the indicated prices we charge shipping costs for the delivery. For more information about the shipping costs, please check the product page and the overview of our shipping costs.

6. Payment

You can choose between the following payment methods:

Cash in advance (bank transfer)
If you choose cash in advance, we will provide our account details in the order confirmation and deliver the products after the receipt of your payment.

Cash on delivery (COD)
If the payment is made via cash on delivery, an additional COD charge of 3.50 Euro applies. In addition, 2.00 € have to be paid directly to the delivery service.

Credit card
If you choose to pay by credit card, your credit card account will be charged as soon as the ordering process is completed.

PayPal
You pay the invoice amount through the online provider PayPal. In general, you must be a registered user, or first register, legitimise your access information and confirm the payment instruction to us (guest access is an exception). You can read further information during the order process.

Immediate bank transfer ('Sofortüberweisung')
We also offer immediate bank transfer. We receive referral credit immediately. This accelerates the entire ordering process. All you need is the account number, bank code, PIN and TAN. With the secure Sofort AG form, inaccessible to the dealer, 'Sofortüberweisung' will create a money transfer in your online-banking account automatically and in real time. The purchase amount is transferred instantly and directly into the bank account of the merchant. When choosing 'Sofortüberweisung', at the end of the order process a pre-completed form will open. This form includes our bank details, the amount to be transferred and the reference. You now have to select the country in which you have your online-banking account and enter your bank code. Then you enter the same data as for your online banking log-in (account nr. and PIN). You confirm the order by entering the TAN. The transaction will be confirmed immediately. Basically, any internet user can use 'Sofortüberweisung' if they have an activated online-banking account with PIN/TAN. Please note that some banks do not yet offer that service. You can find out if your bank does at https://www.sofort.com/eng-DE/kaeufer/su/online-zahlen-mit-sofort-ueberweisung/

Payment by invoice and financing
In cooperation with Klarna we offer payment by invoice and financing. Please note that Klarna invoice and Klarna financing are only available to consumers in Germany and that the payment has to be made to Klarna. In case of payment with Klarna you never need to publish your bank details and you pay when you receive the goods. For payment method Klarna invoice and financing invoice and delivery address must be same. Shipping and billing address must match your registered address. We ask for your understanding. When buying with Klarna invoice our claim is resigned to the Klarna AB. In this case you can only pay to the Klarna AB with discharging effect.

Klarna invoice
The payment period is 14 days starting from the invoice date. The invoice will be issued upon shipment of the goods and sent either by e-mail or together with the goods. For more information and full terms and conditions of Klarna please click here.

The online shop raises a fee of 2.00 € for each order with Klarna invoice.

Klarna financing
With the Klarna financing services, you can pay for your purchases flexible in monthly installments of at least 1/24 of the total amount (at least € 6.95). For more information about Klarna financing including the terms and conditions and the European Standard Consumer Credit Information click here.

The online shop raises a fee of 2.00 € for each order with Klarna financing.

Data protection notice
Klarna examines and evaluates your data and, in response to any legitimate request, maintains the right of exchanging information with other companies and credit reporting agencies. Your personal information will be treated in accordance with the applicable data protection regulations and according to the information in Klarnas privacy policy.

7. Retention of title

The goods remain our property until full payment has been effected.

For entrepreneurs apply in addition: We reserve the right of ownership of the goods until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. The purchaser is entitled to resell or further process the goods only under consideration of the following conditions: The purchaser may sell or process the goods under retention of title in the ordinary course of business, provided that his financial situation does not subsequently significantly deteriorate. The purchaser hereby assigns any claim with all ancillary rights arising from the resale of the goods under retention of title - including any balance claims - to the seller. The seller accepts this assignment. If the goods were combined, mixed or processed and the seller has acquired joint ownership by the amount of the invoiced value, then he shall be entitled to the purchase price in proportion to the value of his rights to the goods.

8. Damages in transit

The following applies to consumers: In case packaging and/or products are delivered to you which are obviously damaged, please file immediately a complain at the forwarder directly and get in touch with us right afterwards. Failure to file a complaint or to contact us does not have any influence on your legal warranty claim. However, you help us to be able to assert our own claims towards the forwarder, in fact transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we give your order to the parcel service, carrier, forwarding agent or any other person or institution to execute the dispatch. Duty to give notice of complaints and duty of inspection assertion of the customer's defect rights presumes that the customer has correctly fulfilled his duties of inspection and duties to give notice of complaints in accordance with § 377 HGB (German Commercial Code). If you omit the regulated notification, the goods shall be deemed approved, unless there is a defect which was not recognizable with the investigation. This does not apply if we have fraudulently concealed a defect.

9. Saving of contract data

We save the contract text and send you the order data via e-mail. You can always view and save the terms and conditions here on this page. You can see your last orders in our customer login.

10. Contractual language

The languages available for the contract conclusion are German and English.

11. Place of fulfilment and place of jurisdiction

If you are an entrepreneur, the law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

The place of fulfilment for all services and products arising from business transactions with Projektil Records UG (haftungsbeschränkt) shall be Leipzig, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.

If the customer is a merchant, legal person governed by public law or special fund under public law, Leipzig shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.

12. Code of conduct

We have subjected ourselves to the following codes of conduct:
Trusted Shops
http://www.trustedshops.eu/seal-of-approval/quality-criteria.html

13. Closing provision

If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.