Terms and Conditions


  1.  Scope

1.1 These Terms and Conditions („T&Cs“) shall apply to all purchase contracts concluded via the online-shop available at www.24minutesoflemans.com („WebSite“) between us,

Grabarz & Partner Werbeagentur GmbH,
Schaartor 1
20459 Hamburg, Germany

Local Court (Amtsgericht) of Hamburg, HRB 52097,
VAT ID No.: DE 154231979,

Managing Directors: Daniel Dolezyk, Thomas Eickhoff, Felix Fenz, Ralf Heuel, Stefanie Kuhnhen-Stein, Dirk Lanio, Reinhard Patzschke

Tel.: +49 40 376 41 - 0
Fax: +49 40 376 41 - 400
E-Mail: support@24minutesoflemans.com

(hereinafter „G&P“ or „we“)

and you, regardless of whether you are a consumer, entrepreneur or merchant.

1.2 All agreements made between you and us in connection with the purchase contract shall be exclusively subject to these T&Cs and the respective offer.

1.3 We do not accept deviating conditions of the customer. An explicit objection to the customer’s terms and conditions shall not be necessary.

 

  1. Conclusion of contract

The vinyl records offered via the online shop can only be purchased within the framework of an online auction. The start of the auction constitutes the binding offer to conclude a sales contract for the vinyl record auctioned. The offer is directed to the customer who makes the highest bid during the term of the online auction and fulfils any additional conditions specified in the offer, if any. For each item, we determine a starting price and a term (bidding period) within which the offer can be accepted by the customer’s bid via the bidding function made available on the website. If we set a minimum price for the auction, the offer shall be subject to the condition precedent that the minimum price is reached.

The customer accepts the offer by submitting a bid. Acceptance is subject to the condition precedent that the customer is the highest bidder after expiry of the bidding period. A bid expires if a third party submits a higher bid during the bidding period of the online auction. The official system time of the WebSite is decisive for the expiration of the bidding period. At the end of the bidding period, a purchase contract is concluded with the customer submitting the highest bid ("buyer"). The buyer will be informed by e-mail about the conclusion of the contract.

 

  1. Right of withdrawal

3.1 If you are a consumer (i.e. a natural person who places the order for a purpose which cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with the applicable statutory provisions.

3.2 If you make use of your right of withdrawal, you have to bear the regular costs of the return.

3.3 In all other respects, the provisions set out in detail in the following instructions shall apply to the right of withdrawal.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party designated by you other than the carrier acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us 

Grabarz & Partner Werbeagentur GmbH,
Schaartor 1
20459 Hamburg
Tel.: +49 40 376 41 - 0
Fax: +49 40 376 41 - 400
E-Mail: support@24minutesoflemans.com


of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

  1. Prices, shipping costs terms of payment and delivery

4.1 The purchase price offered by the buyer within the scope of the online auction as well as all prices stated in the online-shop (such as e.g. a minimum price fixed for the auction) are to be understood gross including the statutory VAT and also including the shipping costs.
For shipping to Non-EU countries additional customs duties, taxes or other charges may be incurred which must be borne by the buyer and paid directly by him to the tax and customs authorities in the respective country.

4.2 The buyer is obliged to pay in advance. The purchase price is immediately due for payment without any deduction. The payment has to be made in Euro through the payment method chosen by the buyer (VISA, Mastercard or American Express, Sofortüberweisung or Klarna).

4.3 The purchased goods will be delivered to the delivery address provided by the buyer in the course of the payment process or via e-mail. If you are an entrepreneur, you bear the shipping risk. In the case of consumers, the transfer of risk only takes place when the goods are handed over.

4.4 If the you have validly withdrawn from the contract in accordance with clause 3, you may, under the statutory conditions, demand reimbursement of costs already paid for shipment to you (costs of dispatch).

 

  1. Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

 

  1. Warranty

We shall be liable for material defects or defects of title of the delivered goods in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years commencing with the delivery of the goods.

 

  1. Liability

7.1 We shall only be liable to the customer for damages in the event of wilful intent or gross negligence. This shall not apply to damages resulting from injury to body, life or health, to any strict liability provided for by applicable law, in particular under the Product Liability Act, or to breach of fundamental contractual obligations (so-called cardinal duties). Fundamental contractual obligations are those which enable the fulfilment of the orderly performance of the contract in the first place, and in the compliance of which the customery can and will regularly rely on.

7.2 Insofar as we are liable pursuant to clause 7.1 above, the amount of liability shall be limited to the damage typical of the contract and reasonably foreseeable upon conclusion of the contract.

 

  1. Miscellaneous

8.1 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your usual place of residence abroad at the time of your order, the application of mandatory legal provisions of the country concerned in which you have your usual place of residence shall remain unaffected by the choice of law made in sentence 1.

8.2 If you are a merchant domiciled in Germany at the time of ordering, the exclusive place of jurisdiction shall be Hamburg, Germany. In all other respects, the applicable jurisdiction shall be determined in accordance with the statutory provisions.

8.3 The platform of the EU Commission regarding online dispute resolution can be found via the following link: http://ec.europa.eu/consumers/odr 
We are neither willing nor obliged to participate in any dispute resolution procedure at a consumer arbitration board.

8.4 If individual provisions of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by effective provisions which come closest to the meaning and purpose of this provision.

 

February 2019

 

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract).

To: Grabarz & Partner Werbeagentur GmbH

Schaartor 1
20459 Hamburg, Germany
Tel.: +49 40 376 41 - 0
Fax: +49 40 376 41 - 400
E-Mail: support@24minutesoflemans.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

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Ordered on (*)/received on (*)

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Name of consumer(s)

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Address of consumer(s)

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Signature of consumer(s) (only if this form is notified on paper)

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Date

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(*) Delete as appropriate.