Orders are executed on the basis of the following terms and conditions.
Owner and delivery & returns warehouse
Company: Benny Greb Online Shop
Owner: Albert Diehl
Address: Am Nussbaum 5, 35606 Solms, Germany
Tel: +49 (0)6441 / 567 96 61
Fax: +49 (0)6441 / 567 96 62
eMail: shop [@] bennygreb.com
VAT ID No.: DE225681638
GENERAL TERMS AND CONDITIONS GERMANY
§ 1 Scope of application
For the business relationship between Benny Greb Shop and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Benny Greb Shop does not recognise deviating conditions of the customer, unless Benny Greb Shop has expressly confirmed these in writing. For deliveries within the European Union (EU) and to other foreign countries, the following supplementary EU shipping conditions or foreign shipping conditions shall also apply.
The law of the Federal Republic of Germany shall apply to legal transactions or other legal relationships with Benny Greb Shop. In business transactions with merchants and legal persons under public law, the district of the local court of Wetzlar is agreed as the place of jurisdiction for all legal disputes arising from the contract, including bill and cheque disputes. Benny Greb Shop is also entitled to take legal action at the general place of jurisdiction of the customer. The language of the contract is German.
§ 2 Conclusion of contract
The information given by us about goods and prices in the Benny Greb Shop are non-binding. Once you have gone through the ordering process in the Benny Greb Shop by filling in all the information requested there, you place a binding order in the Benny Greb Shop by clicking on “Buy”. You will then receive an order confirmation by e-mail, but this order confirmation does not constitute acceptance of your order. It is only to inform you that your order has been accepted by our system. The purchase contract between you and Benny Greb Shop c/o Contribe, Albert Diehl is only concluded with the confirmation of dispatch, which you will also receive by e-mail.
You have to pay attention to writing, printing and calculation errors as well as discrepancies between order, confirmation and delivery of your order and to report them to us immediately, otherwise we are entitled to withdraw from the purchase contract.
§ 3 Right of withdrawal
You can cancel the contract within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or – if the goods are delivered to you before the deadline – by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations pursuant to §312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to:
Benny Greb Online Shop
c/o Contribe, Albert Diehl
Am Nussbaum 5
35606 Solms
Germany
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received goods and services as well as benefits (e.g. advantages of use), or if you are only able to return or surrender them in part or in a deteriorated condition, you must compensate us to this extent. You only have to pay compensation for the deterioration of the goods and for the use made of them if the use or the deterioration is due to the handling of the goods which goes beyond the examination of the characteristics and the functioning. By “testing the properties and functionality” we mean testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation or the goods, for us with their receipt.
Notice for consumers on the cancellation of contracts for the supply of digital content not supplied on a physical medium
Cancellation policy
A consumer is any natural person who completes a legal transaction for purposes that are for the most part not attributable to any professional activity of either a commercial or self-employed nature they engage in.
Right of cancellation
You have the right to cancel this contract without giving reasons within a fourteen-day cancellation period that begins on the day on which the contract is concluded. In order to exercise your right of cancellation you must notify us (Benny Greb Online Shop, c/o Contribe, Albert Diehl, Am Nussbaum 5, 35606 Solms, Germany, Phone Nr: +49 6441 567 96 60, E-Mail: shop@bennygreb.com) of your decision to cancel this contract by means of an unequivocal declaration (e.g. in the form of a letter sent by post or an email). You can – but are not obliged to – use the cancellation form template appended to this cancellation policy. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you cancel this contract we are required to pay back all payments we have received from you (including delivery costs but excluding additional costs incurred as a result of you selecting a different delivery option to the standard, lowest cost delivery option we offer) without delay and within a maximum period of fourteen days from the date on which we receive your correspondence notifying us of your cancellation of this contract. Repayment occurs using the same payment type you used for the original transaction unless otherwise agreed with you; under no circumstances will you be charged any fees in connection with repayment.
Cancellation form template
(If you wish to cancel the contract please fill out this form and send it back to us.)
– To Benny Greb Online Shop, c/o Contribe, Albert Diehl, Am Nussbaum 5, 35606 Solms, Germany, Phone Nr: +49 6441 567 96 60, E-Mail: shop@bennygreb.com:
– I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/ the delivery of the following service (*)
– Ordered (*)/Received (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only required if the cancellation is submitted in paper form)
– Date
—————————————
(*) Delete as appropriate.
Exclusion and premature expiry of the right of cancellation
The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.
The right of revocation shall expire prematurely if we have only commenced performance of the contract after you have a) given your express consent thereto and at the same time confirmed your knowledge that you lose your right of revocation upon commencement of performance of the contract on our part, and b) we have provided you with the content of your declaration on a durable data medium within a reasonable period of time after conclusion of the contract, but no later than upon delivery of the goods or before performance of the service is commenced. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation. The right of withdrawal shall expire prematurely if we have only begun with the execution of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you shall lose your right of withdrawal with the beginning of the performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
§ 4 Delivery
Your orders will only be shipped by Deutsche Post or DHL.
§ 5 Terms of payment
There is no minimum order value.
You can choose between two payment methods in our online shop:
Prepayment by bank transfer:
After placing your order, you will receive an order confirmation (by e-mail) with our bank details. As soon as we have received the amount due, the goods will be sent to you.
Prepayment via PayPal:
We offer you the possibility to pay via PayPal in our online shop. After you have completed your order, you will automatically be redirected to the PayPal homepage. As soon as we have received the amount due, the goods will be sent to you.
Account: shop@bennygreb.com
The delivered goods remain the property of Benny Greb Shop until all existing claims have been settled in full. Before transfer of ownership a pledge, transfer of ownership by way of security, processing or transformation is not permitted without our express consent. Until the transfer of ownership you are obliged to treat the goods with care and to report any damage immediately.
Default of payment If we do not receive payment from you within 14 days, you will receive a payment reminder by e-mail from us. In case of further delay of payment, we are entitled to charge interest on arrears in the amount of 5% above the base interest rate p.a. as published by the European Central Bank. You remain entitled to prove that we have suffered no or only minor damage as a result of the delay.
The amount of the shipping costs in the individual countries can be found under Delivery & Payment. Prices & Shipping Costs
All prices in our online shop are quoted inclusive of VAT. We reserve the right to make price changes.
The shipping costs are calculated automatically by our shop system according to the table, which you can find under shipping conditions. The shipping costs will be displayed during the order process.
§ 6 Warranty and liability
Defects in delivered goods or transport damage must be reported to us immediately, at the latest within 5 days. In this case, a replacement delivery or rectification of the defect will be made. If you do not succeed in contacting us within the appropriate time, you can withdraw from the purchase contract or demand a reduction of the purchase price. Any slight colour deviations between illustrations and the delivered goods are due to technical reasons and do not constitute a defect.
We are only liable if contractual obligations are culpably violated and in the absence of warranted characteristics as well as in the case of damage caused intentionally or by gross negligence, even if this damage is based on the actions of vicarious agents. Furthermore, irrespective of the legal grounds, we shall only be liable within the scope of the Product Liability Act. Furthermore, in the event of a slightly negligent breach of a contractual obligation, we shall be liable at most up to the typically foreseeable damage, which as a rule does not exceed the purchase price of the ordered goods.
We also point out that printed goods, such as posters, may show minor damage to the edges or soiling of the reverse side due to storage and transport.
§ 7 Miscellaneous
These terms and conditions are accepted with your order as already known and communicated to you. You can download them permanently onto a data carrier and print them out at any time. In the event of claims of any kind arising from copyright, competition or trademark law, please contact us in order to avoid unnecessary legal disputes, warnings and costs. In the event that claims of the type mentioned above are asserted, we promise to remedy the situation before a final legally binding clarification is issued, which will bindingly exclude any risk of repetition. Should, however, a cost note of a lawyer’s warning notice be issued without prior contact, this would then be rejected due to non-observance of a duty to mitigate damages. A warning and/or follow-up measure that is unnecessary and/or unjustified in this sense would be answered with a negative declaratory action.
§ 8 Drum Camp
By registering, the following “General Conditions of Participation and Payment” are accepted:
This applies at the same time to any “Special Conditions of Participation” which, for certain events, will be made known to the participant with the confirmation of admission.
1. Registration
Registration to the Drum Camp is made by ordering the article in Benny Greb online shop. After the payment has been made participants will receive a confirmation of participation email.
2. Withdrawal and termination
The participant may withdraw from the contract without giving reasons up to 14 working days after booking the Drum Camp (the date the order has been placed). In this case, any participation fees already paid will be refunded – transfer fees might be deducted.
Up to 4 month before the camp the participant may withdraw from the contract without giving reasons. In this case 50% of the paid fee will be refunded – additional transfer fees might be deducted.
In any case the withdrawal must be declared in writing.
Participants who withdraw thereafter or who fail to appear at all or part of the events shall be obliged to pay the full fee unless a substitute participant is provided.
CONTRIBE has the right to cancel the Drum Camp. In this case, any fees already paid will be refunded and the participant has no further claims.
3. Cancellation of courses
CONTRIBE has the right to cancel the Drum Camp, especially if there are insufficient registrations. In this case, any fees already paid will be refunded. Catch-up dates can be scheduled. Compensation and consequential costs for participants due to cancellation or postponement of the camp are excluded.
4. Liability
CONTRIBE shall not be liable for damages unless these are due to intentional or grossly negligent behaviour on the part of employees or other vicarious agents.
5. Exclusion from participation
CONTRIBE shall be entitled to exclude participants from further participation in special cases, e.g. default of payment, disruption of the event and the operational process. In the event of exclusion, CONTRIBE’s financial claim shall be governed by clause 3 of the General Terms and Conditions.
6. Data storage
By registering, the participant agrees to the processing of personal data for the purposes of drum camp handling, as well as to the sending of subsequent information in connection with further CONTRIBE events.
7. Documentation
By registering to the Drum Camp, the participant agrees that recordings (audio + video) may be made during the Drum Camp for documentation and advertising purposes and that these recordings may subsequently be published.
8. Ancillary agreements
Ancillary agreements must be made in writing in order to be valid.
SUPPLEMENTARY OR DEVIATING PROVISIONS OUTSIDE THE FEDERAL REPUBLIC OF GERMANY
§ 1 Scope of application
The business relationship between Benny Greb Shop and the customer shall be governed exclusively by the aforementioned General Terms and Conditions in the version valid at the time of the order within the Federal Republic of Germany and these supplementary provisions for shipping within the EU and the world.
§ 3 Right of withdrawal
The costs of the return shipment are to be borne by you in full.
§ 4 Delivery
We will deliver your order within and outside the EU within 7 days after receipt of payment, unless a different delivery time is specified.
Your orders will be shipped exclusively by Deutsche Post or DHL.
§ 5 Terms of payment
A shipping and handling fee will be charged for each order. The amount of the flat rate for your country can be found in the postage table.
The payment of the goods takes place exclusively by prepayment (credit card, PayPal).
In accordance with EU Regulation No. 524/2013, the EU Commission has provided an interactive website (ODR platform) for the settlement of out-of-court disputes arising from online legal transactions. You can find the EU Commission’s ODR platform under this link: HYPERLINK “http://ec.europa.eu/consumers/odr/” \t “_blank” http://ec.europa.eu/consumers/odr/.