General Terms & Conditions
General Terms and Conditions of the web portal www.makiphon.de, and in particular of the online shop operated by Andreas Oskar Hirsch and Patricia Koellges, Fleischmengergasse 37, 50676 Cologne, Germany.
Managing director: Andreas Oskar Hirsch
Scope
The General Terms and Conditions (hereinafter called “GTCs”) shall apply to all business relationships between makiphon and the customer as defined at the time of conclusion of the contract.
Our GTCs shall apply exclusively. Conflicting conditions or conditions differing from the ones indicated in our GTCs cannot be accepted, unless explicitly approved of by makiphon in writing in individual cases.
The term “customers” as used in our GTCs shall mean both, consumers and enterprises. The term “consumer” as defined in our GTCs is a natural person with whom we enter into business relation and who is thereby not deemed to be acting in a commercial or professional capacity.
The term “enterprise” as used in our GTCs is defined as natural person or legal entity or partnerships possessing legal personality with whom we enter into business relations with and who are thereby acting in a commercial or professional capacity. Moreover, enterprises are at liberty to order via our distribution service and special terms and conditions shall apply. Unless otherwise stipulated, these GTCs shall apply. For more information on special terms and conditions, please send an e-mail to info(at)makiphon(dot)com.
Service Provider
makiphon
Managing director: Andreas Oskar Hirsch
Fleischmengergasse 37, D-50676 Köln
tel tel + 49 221 27162064
info(at)makiphon(dot)com
VAT free according to § 19 UStG
Scope of Supply and Services
On the web portal www.makiphon.de makiphon offers vinyl records (hereinafter called “goods”).
Ordering Procedure and Formation of Contract
The presentation of the product range of makiphon on the Internet does not constitute an offer pursuant to section 145 et seq. of the German Civil Code. Our offers are non-binding and subject to change. The product characteristics are provided in the description of each product.
To place an order please send us an e-mail to info(at)makiphon(dot)com and add the items you would like to purchase, including the title(s) and the number of copies.
By placing an order you automatically agree to our general terms & conditions.
Upon receipt of your order we will send you a confirmation and an invoice which will also include the shipping costs.
In case the number of items you order exceeds a certain limit, we also reserve the right to decline you order to prevent that large quantities of goods are purchased from us for the purpose of resale. We will notify you immediately in case of non-availability of ordered goods and refund any payment already made by you as soon as possible.
makiphon does not have any employees – it’s a label run by artists that are not always present at the homebase of the label. We will always try to react to your order or request within 5 work days, however we are not able to guarantee this. In rare cases (temporary absence and thus inability to send out invoices anf goods), it can take us longer to react. In such cases we will try to inform you as soon as possible, and you have the right to withdraw from the order you placed.
Upon receipt of your payment the contract is concluded.
Shipping Costs
Prices of goods do not include shipping costs. At the moment, makiphon ships worldwide. The shipping costs are listed below and can also be found by clicking „order“ in the top menu. All shipping will be registered.
In some Non-EU countries, customs, duty or special taxes may be incurred on importation into a country. These charges have to be paid by the customer. We have no control over these charges and cannot provide an estimate of what they may be. Packaging shall become the property of the customer upon receipt of goods.
SHIPPING COSTS WITHIN GERMANY
1 x 12″ record: 5,00€
2 x 12″ records: 9,00€
3 – 5 x 12″ records: 10,00€
More than 5 records: SHIPPING FOR FREE
SHIPPING COSTS EU (AS DEFINED BELOW *EU)
1 x 12″ record: 6,00€
2 x 12″ records: 9,00€
3 – 5 x 12″ records: 15,00€
SHIPPING COSTS TO SWITZERLAND
1 x 12″ record: 6,00€
2 x 12″ records: 9,00€
3 – 5 x 12″ records: 18,00€
FOR SHIPPING OUTSIDE THE EU OR PLACES NOT INCLUDED IN THE LIST BELOW, MAKIPHON WILL CHECK THE SHIPPING COSTS AND WILL COME BACK TO YOU AS SOON AS POSSIBLE.
*EU Austria, Belgium, Bulgaria, Cyprus/Republic of (except north), Czech Republic, Denmark (without the Faroe Islands & Greenland), Estonia, Finland (without he Åland Islands), France (without overseas areas & departments), Greece (without Mount Athos), Hungary, Ireland, Italy (without Livigno & Campione d’Italia), Latvia, Lithuania, Luxembourg, Malta, the Netherlands (without areas outside Europe), Poland, Portugal, Romania, Slovakia, Slovenia, Spain (without the Canary Islands, Ceuta & Melilla), Sweden, United Kingdom (without the Channel Islands).
Delivery, Default of Acceptance
Shipping partner is the Deutsche Post AG or DHL. Please check the current terms of delivery at the General Terms and Conditions of the shipping partners at Deutsche Post and DHL.
makiphon will ship the goods you ordered to the address stated in your order, as soon as possible and subject to availability.
In case the customer is in default of acceptance, or if delivery is delayed for reasons for which the customer is responsible, or if the customer for any other reason delays in accepting the goods, the customer’s bears the resulting additional costs.
Delivery Times
The delivery period starts upon the date of receipt of payment. The customer will receive a payment confirmation and a dispatch note. In the event of makiphon’s non-compliance with the delivery period, the customer shall extend the delivery by a reasonable period of at least four weeks. After the expiry of this period, the customer is entitled to withdraw from the contract. Please send us an e-mail if you do not receive your shipment within the delivery times stated below. We will then start an investigation to find out what has happened to your shipment.
Germany: max. 5 working days upon receipt of payment
Europe: max. 10 working days upon receipt of payment
World: max. 20 working days upon receipt of payment – except South America especially Mexico: up to 4-6 Weeks.
If the delivery period expires on a Saturday, Sunday or public holiday, the period shall run until the end of the next working day.
Prices, Terms of Payment, Maturity, Invoice
You can see the price of each item next to the item itself by visiting the page „catalog“ or „order“.
According to § 19 UStG all items are VAT free.
Costs for packaging are included.
All prices for products quoted exclude shipping costs.
Goods are invoiced at prices in force at the time of your order.
The prices are valid als long as stocks last.
Purchase price and shipping costs become due at the time of
conclusion of the contract.
The customer defaults on payment obligations 14 days after conclusion of the contract without any further notice and reminder.
Payment must be received within 14 days after placing your order. In case the amount due has not been credited to our account or direct debiting fails after 14 days, we are entitled to automatically cancel your order.
For each delivery, you will receive by e-mail and together with the goods a detailed invoice. This invoice is at the same time proof of your purchase and should be retained.
PAYMENT METHODS
Bank transfer (pre-payment)
Upon receipt of your order, we will send you the order confirmation together with our bank details to your nominated e-mail address. Full payment is due within 14 days from the date of invoice to our bank account. If payment is not received within 14 days, your order will automatically be cancelled. Your order incl. invoice will be shipped as soon as the invoice amount has been credited to our account. In order to guarantee a smooth and fast transaction, we will ask you to consider the following points:
Upon transfer, please indicate the complete invoice number from the invoice in the “reference line”.
Please enter the correct invoice amount. Do not round up / off the amount, as we will not be able to immediately assign the amount to your payment, and a delay in dispatch may arise.
Pursuant to applicable law, charges in respect of cross-border payments in Euro to other EU Member States shall be the same as the charges for corresponding national payments. For non-Euro transactions, any charges and fees have to be paid by the customer.
PayPal
For customers using PayPal as payment method, no fees or additional costs will be charged. PayPal offers a fast and safe way to make online payments. PayPal is an Internet bank where you have an Internet account.
Precondition for this is that you already have a PayPal account or that you open an account with PayPal. For more information, please check Paypal.
We will let you know our PayPal account.
Please only pay after you have received our invoice.
Retention of Title
Delivery is made exclusively on conditional sale. Delivered goods shall remain makiphon’s property until full payment has been made by the consumer, or full payment of all claims has been made by the enterprise and according to the business relationship between the enterprise and makiphon. For the duration of the retention of title, the customer may not pledge the retained goods or use them as security. The customer shall notify makiphon forthwith of any seizure or other act of intervention by third parties.
In cases of breach of contract on the part of the customer, we shall be
entitled to withdraw from the contract and to reclaim the goods.
Withdrawal
According to the Distance Selling Act(pursuant to Appendix 1 as referred to in Article 246a section 1 (2) sentence 2 of the Introductory Act to the German Civil Code (EGBGB), the customer (consumer) who acts for private purposes has the right to withdraw from the contract with makiphon.
Instructions for Consumers / Right of Withdrawal
The consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you have to inform us of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or an e-mail). The withdrawal statement shall be sent to:
makiphon, Andreas Oskar Hirsch, Fleischmengergasse 37, D-50676 Köln,
info(at)makiphon(dot)com
If you make use of this option, we will confirm receipt of such a withdrawal. In order to ensure the withdrawal period, it is sufficient if you send the notification about exercising the right of withdrawal before the end of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all the payments which we have received from you, including the costs of delivery (with the exception of the additional costs arising from a different type of delivery other than the cheapest standard delivery offered by us), without delay and no later than within 14 days from the day on which the notification has been received by us regarding your withdrawal from this agreement. All refunds are made using the same means of payment that were used in the original transaction, unless otherwise explicitly agreed with you; in any event, you will not be charged any surcharges due to this reimbursement. We may withhold reimbursement until the goods have been received back, or until you have supplied evidence that the goods have been returned, whichever is the earlier point of time. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us:
makiphon, Andreas Oskar Hirsch, Fleischmengergasse 37, D-50676 Köln,
info(at)makiphon(dot)com
The deadline is met if you send back the goods before the period of withdrawal of 14 days has expired. You will bear the direct costs of returning the goods. You are only liable for a possible depreciation in value of the goods, if this depreciation in value can be traced back to you, with regard to the handling of the goods other than what is necessary, to ascertain the nature, properties and functioning of the goods.
Passing of Risk
The risk of any accidental loss or deterioration of the goods shall pass on to the customer upon transfer of the goods to a forwarding agent (carrier, shipping company) or any other person or institution charged with the shipping of the goods. In case of customers who are consumers, the risk in the goods shall pass on to the customer upon delivery. In case the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the goods shall pass on to the customer at the time the default of accepting delivery occurs.
Warranty
Liability for defects exists if the goods delivered are defect. As far as the customer is consumer, he has the right to choose between rectification of the defects or replacement delivery. If the rectification of defects and replacement delivery fail, the customer has to right to choose between abatement of the purchase price, or cancellation of the contract. If the customer is an enterprise, we reserve the right to choose between rectification of defects or replacement delivery. If the customer identifies damages to the packaging upon delivery, the customer shall have the damages confirmed in writing by the carrier. As far as the customer is an enterprise, the customer is obliged to report in writing any defects immediately, or in any case within 5 days at the latest, after inspection or upon receipt of goods at the place of destination. The defective item has to be returned to makiphon carefully, and preferably in the original packaging for inspection. For private customers, the liability for defects of quality and title is limited to 24 months after receipt of goods; for enterprises, the liability for defects is limited to 12 months after receipt of goods. Access to goods offered by makiphon shall temporarily be paused for maintenance works. For claims for indemnity due to defects, the chapter on liability shall apply.
Instructions for Use
The customer commits himself to observe the manual and instructions of use that may be included in the goods, in order to guarantee the correct and safe use of the goods. Any claims arising as a result of improper use or use for a purpose for which the goods are not intended to are excluded from warranty.
Online Dispute Resolution
The European Commission has set up a platform regarding online dispute resolution. You can find the ODR-platform here: http://ec.europa.eu/consumers/odr/
We are neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.
Last update of this GTC May 2018.
AGB / GTC – Datenschutz / Privacy Policy – Impressum