General terms and conditions of 40hertz
§1 Validity vis-à-vis entrepreneurs and definitions of terms
(1) The following General Terms and Conditions of Business shall apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders placed via our Internet store https://40hertz.de .
(2) In case of conclusion of the contract, the contract is concluded with
Prick, Simone & Schwohl, Danny GbR
(3) The presentation of the goods in our internet store does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet store, the following rules apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.
The order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking the "Add to shopping cart" buttons
4) Pressing the "checkout" button
5) Login to the Internet store after registering and entering the login details (e-mail address and password).
6) Re-check or correction of the respective entered data.
7) Binding submission of the order by clicking the button "Order subject to payment".
Before the binding submission of the order, the consumer can, by pressing the "back" button contained in the Internet browser used by him, after checking his details, return to the Internet page on which the customer's details are recorded and correct input errors or cancel the ordering process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this we accept your offer.
(5) Storage of the contract text for orders via our internet store : We store the contract text and send you the order data and our GTC by e-mail. You can also view the GTC at any time at https://40hertz.de/info/agbs.html. You can view your past orders in our customer area under My Account --> Order History.
§3 Prices, shipping costs, payment, due date
(1) The indicated prices are the final prices. There is no sales tax, since we are microentrepreneurs in the sense of § 19 Abs. 1 UStG, and therefore are exempt from the collection of sales tax.
There are no shipping costs, because our products are "incorporeal" data, which are not offered physically, but only as a download.
(2) The consumer has the option of payment in advance (bank transfer), Klarna, credit card or PayPal .
(3) If the consumer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
(1) Since our products are virtual, i.e. "incorporeal" data, which are not sold on a data carrier (CD, DVD, etc.) but as a download, they can accordingly not be "delivered". Only the sending of a link to download the product after payment by email can be called "delivery".
(2) Only after full payment
§5 Retention of title
We retain title to the goods until the purchase price has been paid in full.
§6 Right of withdrawal of the customer as a consumer:
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us
40hertz media, Straßmannstraße 25, 10249 Berlin, Telefon: +49(30)28603099, E-Mail: email@example.com
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Sample withdrawal form
(If you want to cancel the contract, please fill out and return this form).
- To [40hertz media, Straßmannstraße 25, 10249 Berlin, phone: +49(30)28603099, e-mail: firstname.lastname@example.org]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete as applicable.
Exclusion or premature expiration of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.
The right of cancellation shall expire prematurely if we have only begun to perform the contract after you have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of cancellation upon commencement of the performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
The legal warranty regulations of the Federal Republic of Germany apply.
§8 Contract language
Only German and English are available as contract languages.
Status of GTC Aug.2020
Free GTC created by agb.de