Dipl. Ing. (FH) Andreas Lill
Weberstraße 34
67655 Kaiserslautern
Tel.: 0049 (0)176 60008802
e-Mail: info@al-customdrums.de
Internet: www.al-customdrums.de
Inhaber: Andreas Lill
Terms and Conditions
I. General Conditions/Scope of Application
The following terms and conditions as they appear at this time apply exculsively in the business relationship between AL-Custon Drums and its customers for orders placed over this website.
No other terms stipulated by the buyer will be accepted unless previously agreed to in writing by AL-Custom Drums.
II. Conclusion of Contract
1. Conclusion of Sales Contract
The description of products on www.al-customdrums.de/www.al-customdrums.com does not represent a legally binding offer. It is a non-binding online catalogue of our products.
Products may be ordered in writing via mail, or online via e-mail.
The purchase contract is valid when an order is received in our system and an order confirmation is generated. The order confirmation will be sent to the customer via e-mail.
2. Revocation Policy and obligation to caution for distance selling according to §§ 312 b, 312 d with § 355 BGB
Revocation Right
A private customer (as opposed to a retail business) may revoke his purchase contract within 2 weeks without stating a reason in writing, (e.g. letter, fax, e-mail). If the deadline has been exceeded and items were received by the customer prior to the expiration date, the items may be returned.
The deadline period begins after receipt of this information in writing, however, not before receipt of the goods by the buyer (in the case of shipment of replacement articles, not before receipt of the first partial shipment) and not before the fulfillment of the obligation to inform according to the German Civil Code § 312c Sec. 2 BGB with § 1 Sec. 1, 2, 4 BGB-InfoV by AL-Custom Drums as well as the obligations according to § 312e Sec. 1 line 1 BGB with § 3 BGB-InfoV.
To maintain the power of revocation a notice of revocation and/or return of merchandise within the cancellation period is sufficient. Notice of revocation should be sent to:
Andreas Lill - AL-Custom Drums:
Weberstr. 34
67655 Kaiserslautern
Effects of Revocation
In the event of a valid revocation, goods, payments, or benefits received by either party must be returned and potentially drawn profits (e.g. interest) surrendered.
Thus, in addition to payments made, all interest accrued from said payments will be returned to the customer; the shipped merchandise will be returned to AL-Custom Drums. If the customer cannot return all or part of the merchandise, or if items are returned in an impaired condition, the customer is required to make compensation. In the case of returned goods, this does not include deterioration caused solely by trying out the merchandise, as would have been possible in a retail store. In addition, damage or deterioration of merchandise can be avoided if the goods are not treated as personal property or used in any way that could affect their value.
In a cancellation, all merchandies affected by the cancellation that can be shipped by parcel may be sent back to us at our cost and risk. The customer must pay for shipping returns when the delivered goods match the ordered goods and the cost of goods to be re-shipped does not exceed Euro 40.00, or, in the event of more expensive goods, if the buyer has not rendered the contractually agreed trade-off or partial payment by the time of contract revocation or cancellation. In all other cases return delivery is free of charge to the customer.
Items which can not be returned by parcel will be picked up. Costs of picking up returned merchandise must be paid for by the customer.
Return transport costs outside of Germany must be paid by the customer.
Requests for recompensation of payments must be made by the customer within 30 days. The deadline period begins with the transmission of the cancellation notification or with the receipt of articles returned to us.
End of Returns Policy and obligation to caution.
Exclusion to Returns/Revocation Rights
The cancellation policy does not apply to products that have been designed to custo- mer specifications or which have clearly been tailored to the personal needs or requirements of the customer (special design, customized manufacture).
III. Screen Display
The photographs accompanying product descriptions are illustrative examples and do not always represent a true-to-life reproduction of the product. Depending on the monitor used, color and size may be differently represented. Releveant is the written description of each specific article.
IV. Delivery/Availability
1. Delivery
Delivery is done at customer's risk. This means that the risk of loss or damage of merchandise during shipping passes to the customer as soon as the merchandise has been properly transferred from the AL-Custom Drums warehouse to DHL, DPD, Bundespost, UPS or other authorized carriers or delivery companies.
Order processing will begin as soon as possible after it is received by AL-Custom Drums.
In cases where payment in advance is required, the order will first be processed when full payment has been received, and no articles may be reserved prior to reception of full payment by AL-Custom Drums.
AL-Custom Drums will immediately inform the customer in the event that ordered products or materials have sold out before full payment is received, necessitating their re-order.
2. Product Availability
In the event that, through no fault of its own, AL-Custom Drums is unable to deliver ordered goods because the supplier of AL-Custom Drums could not meet its contractual agreements, AL-Custom Drums is entitled to withdraw from its contract with the customer.
This right to withdraw from a contract exists however, only when AL-Custom Drums has a corresponding supply agreement (binding, timely, and adequate ordering of articles) with the supplier concerned, and has no other justification for non-delivery of goods.
In such an event, AL-Custom Drums will immediately inform the customer that the merchandise is not available, and payments already made will be refunded.
The delivery periods shall be extended for a reasonable period in the event that AL-Custom Drums is hindered in the fulfillment of its delivery commitment due to unforeseeable circumstances which affect AL-Custom Drums or its suppliers, and which AL-Custom Drums has not been able to prevent in spite of all its efforts.
In such an event, AL-Custom Drums will also inform its customer immediately. The customer's legal claims remain unaffected.
3. Partial Delivery
AL-Custom Drums is entitled to send partial shipments, as long as no prior contradictory arrangements have been made.
V. Warranty/Liability
The warranty is in compliance with legal regulations; see §§ 433 ff. BGB.
1. Customer Obligation to Inspect Merchandise and Report Defects/Deficience claim
Report of incorrect or incomplete deliveries or recognizable defects must be made to AL-Custom Drums in writing immediately, or at the latest 7 days after receipt of merchandise.
Warranty claims can only be invoked if the shipment is immediately opened and inspected for obvious damage.
If the customer issues no complaint within the first 7 days after delivery, the goods are considered to be accepted, unless it concerns a defect that could not be detected in the initial inspection. Should such a defect be discovered, it must be reported immediately; otherwise the delivery will be considered accepted despite the defect.
The preceding statement does not apply if AL-Custom Drums has fraudulently concealed defects, and/or has assumed a specific guarantee for the products. If AL-Custom Drums enters into negotiations regarding a complaint, this in no way indicates a waiver of the right to assert that a complaint has been filed too late, is insufficient or unjustified.
- Liability for Defects
Should any products supplied by AL-Drums be defective, the customer may request remedial action to the fullest extent permitted by law including repair or replacement of the defective merchandise (supplemental action). Should the supplemental action fail, the customer may request a reducution of the purchase price or, in the case of a substantial defect, withdraw from the purchase agreement.
Excluded from the warranty are defects or damage that are deliberate or the result of improper use or assembly including combination with incompatible components or modifications of the original product by the customer or any third party not authorized by AL-Custom Drums or which reflect normal use.
Claims for damages within the scope of the warranty for compensation for consequential harm caused by a defect violation of subsidiary obligations, advice errors, or from unauthorized actions against AL-Custom Drums or its agents are excluded except in cases of intent or gross negligence. In accordance with statutory regulations, the right to claim damages due to failure to provide guaranteed features is not affected.
Should assurance of prevention against damage resulting from a consequential harm caused by a defect be included, liability claims against AL-Custom Drums are possible only if the customer has been provided with a written warranty of quality documents.
AL-Custom Drums will pay the cost of returning defective items as well as the cost of shipping replacement articles to the customer.
VI. Prices
All prices that appear on the AL-Custom Drums website without tax. The cost also includes all other price components excluding the additionally listed delivery costs.
VII. Terms of Payment/ set-off/ Right of Retention
1. Terms of Payment
AL-Custom Drums accepts the following payment methods: payment in advance, Paypal, or cash on delivery. For customers residing outside of Germany, payment must be made in advance or through PayPal.
Payment in advance may be made by depositing the invoice amount in the following account:
Andreas Lill, AL-Custom Drums
Account Number: 108781592
Bank code : 54050220
Payments made from foreign banks must be deposited to the following account:
IBAN: DE84540502200108781592
SWIFT-BIC: MALADE51KLK
Merchandise will be delivered following receipt of payment.
Customers paying by cash on delivery must will be assessed a COD charge of Euro 4.00 at the time of delivery in addition to the invoice amount.
- Set-off/Right of Retention
Set-off and retention rights are only possible if the buyer's counterclaim is undisputed or has been established in a court of law .
VIII. Retention of Ownership
All delivered products remain the property of AL-Custom Drums until full payment has been received.
The buyer may neither pawn nor assign as security nor engage in any other activity which infringes on the owenership of contractual items under reservation of ownership before items have been paid in full.
IX. Applicable Law/Place of Jurisdiction
German law applies exclusively. The Kaiserlautern District Court has jurisdiction in all cases of contractual dispute - including withdrawl from contract - for AL-Custom Drums, irrespective of dispute value.
X. Final Provisions
Personal data gathered in connection with the business relationship will be used by AL-Custom Drums in compliance with legal regulations. Should any of the regulations not be applied, regardless of the grounds, the efficacy of the remaining regulations shall not be affected.