General terms and conditions
1. scope of application
For all orders over our on-line Shop the following AGB apply. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. contracting party, conclusion of contract
The sales contract is concluded with Masshoff Drums / Udo Masshoff.
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.
When the contract is concluded with us depends on the method of payment chosen by you:
We will accept your order by sending you a separate e-mail with a declaration of acceptance within two days in which we will provide you with our bank details.
When you place your order, you also provide us with your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer.
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
4. terms of delivery
In addition to the stated product prices there are shipping costs. You can find out more about the shipping costs in the offers.
You have in principle the possibility of the collection with Masshoff Drums, Rehberg, 56, 39534 Kamern OT Rehberg, Germany to the business hours indicated in the following: 10 – 18 o’clock.
The following payment methods are available to you in our shop:
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
When you place your order, you also provide us with your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, 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 afterwards. You will receive further information during the ordering process.
6. retention of title
The goods remain our property until full payment has been made.
7. transport damages
If goods with obvious transport damages are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
8. warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
In the case of used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects which occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
The aforementioned restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed or
- as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found on the product page and on special information pages in the online shop.
9. liability for claims
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act has been opened up.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10. settlement of disputes
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.