Terms and Conditions
1. General
(1) These General Terms and Conditions (GTC) apply to all offers and services concerning the internet platform www.allaboutsup.de. If the customer refers to the inclusion of their own terms and conditions of business or purchase, this is objected to.
(2) Individual contractual agreements take precedence over the General Terms and Conditions.
2. Conclusion of Contract
(1) The service descriptions on our website www.allaoutsup.de do not yet constitute offers to conclude a purchase contract. Such an offer is only made with the online order of the customer via the online shop system, via the contact form, or based on an order placed by telephone or in text form. The subsequent confirmation of receipt of the order sent by us does not yet constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound by his offer (it expires) if we have not transmitted the declaration of acceptance to him within 5 calendar days (calculated from the receipt of the order by us).
(2) If a declaration of acceptance that has arrived late to the customer has been sent in such a way that it would have reached him on time in regular transport and the customer should have recognized this, he must notify us of the delay immediately after receiving the declaration, unless this has already happened beforehand. If the customer delays sending the notification, the acceptance is deemed not to be late. Otherwise, the delayed acceptance by us is considered a new offer to conclude a purchase contract, which the customer can accept by express declaration of acceptance or by accepting the goods.
3. Choice of Law
The contractual relationships between the parties to the purchase contract are governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Sales Convention (CISG) is excluded.
4. Prices, Payment, Delivery, Shipping Costs
(1) The compensation includes the applicable value-added tax (VAT) at the time of ordering.
(2) We offer the following payment options for contract conclusion:
I. For deliveries within Germany:
1. Advance payment by
– Bank transfer
– Instant bank transfer
– Giropay
– PayPal
II. For deliveries abroad:
Advance payment by
– Bank transfer
– Instant bank transfer
– Giropay
– PayPal
III. In addition, collection of our goods at our warehouse against cash payment is possible by arrangement (warehouse location: Kackvogel Records
Langemarckstr. 284, 28199 Bremen, Germany).
(3) All items are delivered within Germany and to other European countries.
(4) Delivery is either by DHL, GLS, or by post or by a forwarding agent for freight shipments.
(5) Shipping costs can be found in the respective item descriptions.
5. Distance Selling Regulations Information
The description of the goods can be found in the presentation on the internet at www.allaboutsup.de
The instructions on your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiration, the withdrawal form, the consequences of withdrawal, e.g. return, return costs, and compensation, can be found under the menu item “Withdrawal”, or also here.
Delivery will be made no later than within 5 working days, unless otherwise stated (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring credit institution (in the case of advance payment) or after the contract has been concluded (in the case of cash on delivery or purchase on account).
We do not provide customer service, in particular no after-sales service, and do not grant any warranties ourselves.
6. Consumer Dispute Resolution Procedure
Since 09.01.2016, Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force. It applies to out-of-court dispute resolution of disputes over contractual obligations from online purchase contracts or online service contracts between consumers and online traders and aims to achieve a high level of consumer protection in the European internal market. With the possibility of online dispute resolution (ODR), a simple, efficient, fast, and inexpensive out-of-court solution for disputes is intended to be offered. The ODR platform forwards properly submitted complaints to the competent out-of-court dispute resolution (ADR) bodies (according to national law). The use of the ODR platform itself is free of charge, but in proceedings before the ADR bodies, the consumer may incur costs (up to EUR 30.00) if his application is abusive. Link to the EU Commission’s ODR platform: https://www.ec.europa.eu/consumers/or Our email address is: hallo@kackvogelrecords.com.
All further information about our company, the offer, and the processing of the purchase can be found in the presentations on our website.
7. Information on Electronic Commerce
(1) Technical steps to conclude the contract
See the explanations in Section 2 of our GTC.
(2) Storage/Printing of the contract text
The customer can save the contract text by using the “Save as” function of his browser to save the relevant website on his computer. Using the print function of his browser, he also has the option of printing out the contract text. We ourselves store the contract texts and make them available to the customer on request by email or by post.
(3) Correction option
The customer can correct his entries at any time during the ordering process by selecting the “Back” button in the browser and then making the corresponding change. By closing the web browser, the customer can cancel the entire ordering process at any time. Furthermore, the order overview offers an additional correction option before submitting the online order, to which the customer is pointed out.
(4) Language
The language available for the conclusion of the contract is exclusively German.
(5) Code of Conduct
We have not submitted to any special code of conduct (rules).
8. Warranty
The statutory warranty rights remain applicable. In the event the buyer exercises their right of withdrawal, they are responsible for covering the costs of return shipment, provided that the delivered goods match the ordered items and the price of the goods being returned does not exceed 40 €. Alternatively, if the product holds a higher value, the buyer is exempt from bearing the return shipment costs if, at the time of withdrawal, they have not fulfilled the return service or the contractually agreed partial payment. In all other cases, the buyer is not obligated to cover the expenses associated with reshipment.
9. Retention of Title
(1) We reserve ownership of the delivered item until all payments from the purchase contract have been received. If the buyer does not fulfill his contractual obligations, especially in the case of default of payment, we are entitled to demand the delivered item back; in this case, the buyer is obliged to return the item.
(2) In the event of seizures regarding the purchased item or other third-party access or attempts to access the purchased item, the buyer is obliged to notify us immediately so that we can assert our rights from the retention of title.
10. Transport Damage
(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and please contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty claims. However, you help us to assert our own claims against the carrier or the transport insurer.
11. Data Protection; Direct Marketing
(1) When concluding a purchase contract on our online presence, we collect personal data for the purpose of contract processing. This includes your first and last name, the associated billing and delivery address, if applicable, a stored telephone number, and your email address. Our data protection information applies to the processing of this data; you can find it here.
(2) We are entitled to use your email address for the purpose of direct marketing for similar goods or services from allaboutsup in the form of the allaboutsup newsletter.
Please note: You have the right to object to the use of your email address for direct marketing purposes at any time. In this case, you will no longer receive a newsletter from allaboutsup. You can declare your objection by email, post, or telephone without incurring any costs other than the transmission costs according to the basic tariffs.
12. Copyright Notice
The photos posted on our websites and the texts created by us are protected by copyright. Unauthorized copying and publication thereof (even in part) will be prosecuted under § 97 UrhG both criminally and civilly.
13. Severability Clause
If individual provisions of the contract with the customer including these GTC are or become wholly or partially invalid or contain a gap, this shall not affect the validity of the remaining provisions.
14. Language
The contract language is German.
15. Terms of Delivery
Alongside the listed product prices, please note that shipping costs apply. Further details regarding shipping fees are available within the offers. Please be aware that we exclusively deliver via mail. Regrettably, self-collection of products is not an available option.
