General terms and conditions
§1 Applicability to entrepreneurs and definitions
(1) The following General Terms and Conditions 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 neither be attributed to his or her commercial nor his or her independent professional activity (Section 13 of the German Civil Code).
§2 Formation of a contract, storage of the contract text
(1) The following provisions on the conclusion of the contract apply to orders via our online shop https://www.death-rock.de .
(2) In case of conclusion of the contract, the contract is concluded with
death-rock.de Shop
Oliver Krapp
Echternstraße 7
D-38100 Braunschweig (Germany)
came about.
(3) The presentation of the goods in our online shop does not represent a legally binding contractual offer on our part, but is merely 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) When an order is received in our online shop, the following regulations apply: The consumer makes a binding contractual offer by successfully completing the ordering process provided in our online shop.
The order is placed in the following steps:
1) Select the desired goods
2) Confirm by clicking the “Order” button
3) Check the details in the shopping cart
4) Press the “Checkout” button
5) Log in to the online shop after registering and entering your login details (email address and password).
6) Check or correct the data entered again.
7) Bindingly submit the order by clicking the “order with payment” or “buy” button
Before bindingly submitting the order, the consumer can return to the website on which the customer’s details are recorded by pressing the “Back” button in the Internet browser they are using after checking their details and correct any input errors or cancel the order process by closing the Internet browser. We will immediately confirm receipt of the order by sending an automatically generated email (“order confirmation”). This is our acceptance of your offer.
(5) Storage of the contract text for orders via our online shop: We save the contract text and send you the order data and our general terms and conditions by email. You can also view the general terms and conditions at any time at https://www.death-rock.de/shop/agb/. You can view your past orders in our customer area under My Account -> My Orders.
§3 Prices, shipping costs, payment, due date
(1) The prices stated include statutory VAT and other price components. Any shipping costs are added.
(2) The consumer has the option of paying by PayPal, credit card (Visa, Mastercard, American Express).
§4 Printing, shipping and delivery
After receiving an order, the service provider Gelato takes over the printing and shipping of the products.
Gelato connects independent local printing plants in a global network. Based on the delivery address specified in the order, Gelato assigns the order to a local printing plant based on geographic location, machine capabilities, available capacity and other factors. Orders that include more than one product category may be produced in different printing plants (e.g. due to capabilities, capacity and delivery address) and may therefore be delivered separately.
Gelato will provide an estimated delivery time and will use all reasonable endeavours to ensure that the Products are delivered within the estimated timeframe, but will not be liable if the Products are delivered later. Customers will be notified as soon as circumstances become known which may cause significant delays.
The products will be shipped by post, unless otherwise agreed for each order. Regardless of the shipping method, Gelato has the right to choose a different carrier or shipping method, provided that this carrier or shipping method offers a similar delivery quality and delivery time.
If tracking is selected for the order (if available), Gelato bears the risk of loss and damage to the products during transit. If untracked tracking is selected for the order, the products are deemed delivered and title and risk of loss pass to you when Gelato releases the products to a carrier.
Gelato is not obligated to find the correct address for delivery. If the correct address has not been communicated and that address has multiple residents, Gelato will use reasonable efforts to deliver the Products but cannot guarantee that the Products will be delivered to the correct recipient. You are solely responsible for customs clearance of the Products and payment of customs fees (if applicable).
If you can prove that your order was lost in transit due to the carrier of a tracked shipment, Gelato will reship the order at its sole discretion and subject to investigation. All claims must be made no later than 30 days after the estimated delivery date. Gelato reserves the right not to reship an order if the carrier’s tracking information indicates that the order was properly delivered despite your claim that the order was not received. In this case, any replacement will be at your expense.
§5 Retention of title
We reserve ownership of the goods until the purchase price has been paid in full.
§6 Warranty / Returns
You acknowledge that the Products are personalized and made specifically for each order and once an order is placed, it cannot be changed or cancelled unless we notify you otherwise for the specific order.
You acknowledge that the Products may vary in print from User Content displayed on screen due to, for example, the way computers display colors. Such variations between User Content on screen and physical Products that are not due to printing errors will not be considered a defect.
If defects are found, such as damage to the products delivered, errors in the number or quantity of the products delivered or poor quality of the product delivered that was not caused by poor quality of the User Content, you should provide us with photographic or other documentary evidence of the existence of a defective product. If we have not received a written complaint from you within 30 days of receipt, we will not be liable for any defects.
If we agree, or you can prove, that there is a defect and it is not due to the carrier, force majeure or other circumstances beyond our control, we will, at our option, either provide you with a reprint of the order to the extent necessary to correct the defect, or offer you a refund for the defective products.
Gelato will provide you with a reprint or refund in accordance with the consumer laws applicable in your country of residence. Gelato will not re-deliver or refund the purchase price if the defect or dissatisfaction is related to the User Content, for which you are solely responsible.
The remedies set forth above are your exclusive remedies for any defective product and, to the extent permitted by law, exclude all other remedies you may have at law.
§7 Revocation
For products that do not contain any User Content (and are therefore not personalized for you), you may cancel your order within 14 days of the date you receive the products. If your order contains multiple products that do not contain any User Content and those products are shipped separately, you may cancel your order within 14 days of the date you receive the last product. You must notify us of your intention to cancel your order within the above period. You must return the products to us as soon as possible, in the same condition in which you received them and at your expense, including delivery costs and risk.
To exercise your right of withdrawal, you must inform us
death-rock.de Shop
Oliver Krapp
Echternstraße 7
D-38100 Braunschweig
E-Mail shop@death-rock.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
end of the cancellation policy
§8 Cancellation form
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
death-rock.de Shop
Oliver Krapp
Echternstraße 7
D-38100 Braunschweig (Germany)
E-Mail shop@death-rock.de
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 the consumer(s) (only if notification is on paper)
__________________
Date
__________________
(*) Delete as appropriate.
§9 Contract Language
The contract languages available are exclusively German or English.
Status of the General Terms and Conditions Jan. 2025