Contractual conditions in the context of purchase contracts, which are closed via this online shop between Andreas Käppeli, Karrenwaldstrasse 5B, CH-5524 Niederwil – hereinafter referred to as “Provider” – and the respective buyer – hereinafter referred to as “Customer”.
§ 1 Scope, definitions
1. For the business relationship between the Webshop Provider (hereinafter “Provider”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity.
2. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. On the other hand, an entrepreneur is any natural or legal person or partnership with legal personality who, in concluding the contract, is acting in the course of his commercial or independent professional activity.
§ 2 conclusion
1. The customer can select products from the assortment of the offerer and these over the button “order now!” collect in a so-called shopping cart. Via the button “buy now!” He makes a binding application for the purchase of goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. The customer can at any time before a binding order by pressing the “back button” in the browser on the page on which his data has been recorded. Input errors can be corrected here. By closing the internet browser, the order process can be aborted. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button “Your order” and thereby included in his request. If you have chosen a payment method with immediate payment, the contract is concluded at the time of confirmation of the payment order. If you have selected the method of payment in advance, the contract is already concluded if you receive a payment request with the corresponding bank details before acceptance by us. With this payment request, we accept your offer.
2. The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and the customer can print out the function “Print”. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the supplier and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by the provider, which is sent by separate e-mail (order confirmation). Exceptions are payment options with immediate payment methods (eg PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung). If you have chosen such a payment method with immediate payment, the contract is concluded at the time of confirmation of the payment order. If you have selected the method of payment in advance, the contract is already concluded if you receive a payment request with the corresponding bank details before acceptance by us. With this payment request, we accept your offer.
3. The provider stores the contract text and sends the order data to the customer by e-mail. The terms and conditions of the provider can at any time by the customer under https://www.birdsofafeathermusic.com/en/general-terms/ are viewed. Past orders are in the customer area under https://www.birdsofafeathermusic.com/en/my-account/ orders/ .
§ 3 Delivery, shipping, payment
The deadline for delivery begins with payment in advance on the day after issuing the payment order to the referring bank or for other payment methods the day after conclusion of the contract and ends with the expiry of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day shall be replaced by such day.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
1. The prices indicated on the website of the provider are final prices plus shipping costs.
2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
3. The goods are shipped by post (Switzerland). The shipping risk is borne by the provider if the customer is a consumer.
§ 6 payment arrangements
1. The customer can make the payment by the following methods:
– Payment in advance –
If you select the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
– Credit card –
When paying by credit card, the payment is processed through the payment service provider Stripe, 8th St. STE 100, San Francisco, CA 94110-2043, USA, to which we receive the information about your order including name, address, account number, bank code, possibly credit card number, invoice amount , Pass on currency and transaction number. The forwarding of your data takes place exclusively for the purpose of the payment processing with the payment service provider Stripe Ltd. For more information about Stripe privacy, visit the URL https://stripe.com/legal
Credit card details are not stored on our website.
– PayPal –
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You’ll get more information during the ordering process.
2. The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case he has to pay the provider default interest in the amount of 5 percentage points above the base rate.
3. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.
4. Promotional vouchers are issued free of charge and have a limited validity period. These can be found on the respective voucher. Only in this period and only for the products in the promotion can the voucher be redeemed in our online shop. There is no cash payment. Only one action coupon can be redeemed per order. The coupon code must be entered in the spaces provided before completing the order. Subsequently, no settlement with the voucher is possible. The voucher is not personal and therefore transferable. In the case of a cancellation by the customer no refund of the action voucher.
§ 7 Material defect warranty, warranty
1. For all goods from our shop, the statutory warranty rights exist.
2. The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty obligation for goods delivered by the supplier is 12 months.
3. An additional guarantee exists with the goods delivered by the supplier only if this was expressly delivered in the order confirmation to the respective article.
§ 8 liability
1. Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, body or health.
3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.
§ 9 Notes on data processing
§ 10 final provisions
1. The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Sales Convention. In the case of orders from foreign consumers, compulsory regulations or the protection granted by judicial law of the respective country of residence remain valid and apply accordingly.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
3. The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
4. The contract language is German.