General terms and condition

General terms and conditions with customer information

1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions

1. Scope of application

  • For the business relationship between GOLDEN MASK UG (haftungsbeschränkt), Berliner Straße 122, D-13187 Berlin, (hereinafter referred to as “seller”) and the customer (hereinafter referred to as “customer”) the following terms and conditions apply exclusively in the version valid at the time of the order.
  • You can reach our customer service for questions, complaints and objections on workdays from 09:00 to 18:00 by e-mail at shop@claptone.com.
  • Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose which is predominantly neither commercial nor self-employed (§ 13 BGB).
  • Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.

2. Offers and service descriptions

  • The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order.
  • Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
  • All offers are valid “while stocks last”, unless otherwise stated with the products. For the rest, errors remain reserved.

3. Order process and conclusion of contract

  • The customer can select products from the assortment of the seller without obligation and can order them via the button [in den Warenkorb] in a so-called shopping cart. Within the shopping cart the product selection can be changed, e.g. deleted. The customer can then click on the button [Weiter zur Kasse] to complete the ordering process.
  • Via the button [zahlungspflichtig bestellen] the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
  • The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute an acceptance of the application. The sales contract is only concluded when the seller has sent the ordered product to the customer within 2 days, handed it over or confirmed the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.
  • If the seller allows an advance payment, the contract is concluded with the provision of the bank data and payment request. If, despite the due date, payment has not been received by the Seller within 10 calendar days of dispatch of the order confirmation, even after a further request, the Seller shall withdraw from the contract with the consequence that the order is null and void and the Seller has no obligation to deliver. The order is then completed without further consequences for the buyer and seller. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs

  • All prices quoted on the Seller’s website are inclusive of the applicable statutory value added tax.
  • In addition to the indicated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods

  • Insofar as advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
  • Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
  • If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
  • Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

6. Terms of payment

  • The customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
  • If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
  • If third-party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
  • If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer shall pay the statutory default interest.
  • The customer’s obligation to pay interest on arrears does not exclude the seller from asserting further damages caused by delay.
  • The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

  • The delivered goods remain the property of the seller until full payment has been made.

8. Warranty for material defects and guarantee

  • The warranty is determined by legal regulations.
  • A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before the order process is initiated.

9. Liability

  • The following exclusions and limitations of liability shall apply to any liability of the Seller for damages, notwithstanding any other legal requirements for claims.
  • The seller is liable without limitation if the cause of damage is based on intent or gross negligence.
  • Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
  • The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  • Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text

  • The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
  • The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest with the delivery of the goods, the customer will also receive a copy of the general terms and conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.

11. Final provisions

  • Place of jurisdiction and place of performance is the registered office of the seller, if the customer is a merchant, legal entity under public law or special fund under public law.
  • Contract language is German.
  • European Commission Platform for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.