§ 1 Contractual Basis
(1) Oxide Tones, owned by Adam Homfray, Weinbergstrasse 35, 14469 Potsdam, offers goods via the internet, specifically via www.oxide-tones.com oxide-tones.com, oxide-tones.de, oxide-tones.net, oxide-tones.org, oxide-tones.eu.
(2) For goods and/or services offered by Oxide Tones these Terms and Conditions are the only applicable. Other Terms and Conditions at variance with these will not be accepted.
§ 2 Returns and Refunds for individual consumers.
Right of Refunds
The Consumer cabn return received goods with no obligation nor reason, within a period of two weeks.
Die appropriate time-limit commences upon receipt of the goods and these Terms and Conditions.
To ensure adherence to the time limt a timely return of the goods will suffice. In every case the costs for a return will be paid by Oxide Tones. Returned goods shall be sent to:
Oxide Tones, Inh. Adam Homfray
Am Kirchberg 1a
Consequences of returns
In the case of a return of goods all payments and/or services from both parties are to be made invalid. Should the goods not be in the same condition as upon delivery reimbursement may be required. This will not be the case should the reduced condition of the goods only served to verify the goods, as would normally be possible in a “Brick and Mortar” shop.
The right of returns does not exist for all transactions:
- For goods that have been produced specifically for the consumer,
- For Audio and/or Video goods that are no longer sealed,
- For magazines, newspapers or comics.
§ 3 No Right of returns for Companies, Enterprises or Businesses.
Should the consumer be either an enterprise, business or comapny, §2 will not be considered valid.
§ 4 Pricing
The prices showed at the time of purchase are the only ones to be considered valid. This relates to goods as well as the price of postage and/or shipping. The prices are all final prices for consumers. “Mehrwertsteuer” (Value added tax) will not be charged or added to any prices.
§ 5 Contractual closure.
The offered goods from Oxide Tones are subject to confirmation. Due to this, Oxide Tones is not obliged to fulfill transactions should the requested goods not be available.
§ 6 Payment conditions, Shipping and Versand and conditional sale
(1) Subject to differing rules and/or agreements in indidual cases, the following rules apply for payments and shipping.
a) Payment is to be made in advance, either via PayPal or via Bank Transfer. Within Germany, Cash on Delivery can be used as a payment method.
b) Upon receipt of payment, the requested goods will be dispatched to the address entered upon ordering. The costs for shipping are to be paid by the consumer. For shipments outside of the European Union the consumer is responsible for any/all Customs and/or taxes, as well as any relevant costs.
The conditions for payment an shipping in regards to offers bought online can vary from the above mentioned. Should this be the case, the following rules apply:
(2) Should, in an individual case, a shipment be sent with an uncleared Invoice, all open charghes are to be paid within 14 days of despatch.
(3) Should the payment by the consumer (not a company, enterprise or business) then be delayed, a further 5% is to be added to the invoiced amount unless Oxide Tones can specifically prove higher loss due to the delayed payment, in whoich case the percentage to be added may be higher. Should the consumer be an enterprise, businesses or companies an increase of 8% is to be added to the ibnvoice.
(4) The despatched goods remain the property of Oxide Tones until the payment has been completed.
§ 7 Warranty
(1) In the case of damaged goods, the consumer is obliged to inform Oxide Tones of the damage, and to return the goods to Oxide Tones. Costs for the return of damaged goods will be covered by Oxide Tones, however the consumer must not send the goods to Oxide Tones without having stamped the goods to be sent. Oxide Tones will refund the costs of shipment to the consumer. Furthermore, Oxide Tones will not accept any goods that have not been sufficiently stamped.
(2) The Warranty Rules used by Oxide Tones follows §§ 433 from the German Civic Law (BGB). The warranty is limited to 1 year and Oxide Tones is entitled to either replace the damaged goods or to deliver a replacement free of charge.
§ 8 Accountability
(1) Claims for damages and/or compensation against Oxide Tones due to replacement of property are limited to cases of deliberate or negligent actions by Oxide Tones. Oxide Tones is however responsible should für einfache Fahrlässigkeit jedoch dann, wenn die Verletzung einer Pflicht vorliegt, deren ordnungsgemäße Erfüllung für die Erreichung des Vertragszwecks wesentlich ist (Kardinalpflicht). In diesem Fall ist die Haftung für Vermögensschäden hinsichtlich deren Umfangs auf den unmittelbaren Vermögensschaden und hinsichtlich deren Höhe auf den voraussehbaren Schaden begrenzt.
(2) If Oxide Tones accountability has been ruled out or limited, the same shall apply to staff members, advocates and vicarious agents.
(3) The accountability according to the Product Liability Law (Produkthaftungsgesetz), Accountability resulting from a guarantee or from a defect of title, as well as claims of compensation are not affected by this rule.
§ 9 Data protection
Oxide Tones will comply with all data protection laws and ruling. specifically the “Teledienstedatenschutzgesetzes” (internet services data protection law). Data related to consumers will only be received in relation to individual transactions, and will not be given to other parties.
Last Update: 15.01.2010