Terms of Service
1. Scope
For all business relationships with consumers and entrepreneurs, our general terms and conditions apply exclusively and regardless of the type of order (telephone, fax, e-mail, internet or shop).
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly consented to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with DelayDude, Meggers & Meggers GbR.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you are placing a binding order for the goods in the shopping cart. The confirmation of the receipt of the order takes place together with the acceptance of the order immediately after sending by an automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
A binding contract can also be concluded beforehand as follows:
If you have chosen credit card payment, the contract is concluded at the time the credit card is charged.
If you have chosen the PayPal payment method, the contract is concluded when you confirm the payment order to PayPal.
If you have chosen the payment method Sofortüberweisung, the contract is concluded at the time of confirmation of the payment instruction to SOFORT AG.
3. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of revocation, you must inform us (DelayDude, Meggers & Meggers GbR, Markgrafendamm 34, 10245 Berlin, Ch*******@*******de.de, 0171/9699771) by means of a clear declaration (e.g. a letter sent by post, fax or E-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we have to repay you the purchase price that we have received from you (but not the delivery costs incurred) immediately and at the latest within fourteen days from the date on which we received notification of your withdrawal from this contract is. The buyer bears the costs for the return. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods .
The right of withdrawal does not apply to the following contracts:
(1) Contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This includes yard goods and custom-made midi sync cables.
(2) Contracts for the delivery of sealed goods, which for reasons of health protection or hygiene are not suitable for return if their seal has been removed after delivery.
(3) Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
3. Right of return
Customers who have concluded a distance contract with us can return the goods they have received from us within 14 days without giving any reason. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and the fulfillment of all information obligations in distance selling (see right of withdrawal). To meet the deadline, the timely dispatch of the goods or – in the case of goods that cannot be sent by parcel post – the return request is sufficient. To do this, you must tell us whether you would like the amount refunded or offset against another product.
The goods must be sent to us in their original packaging and secure outer packaging, with all accessories and without any signs of use. DelayDude, Meggers & Meggers GbR reserves the right to withhold compensation in the form of a reduction in the purchase price reimbursement for goods that are obviously depreciated through use or to refuse to take them back and send the goods back to the customer.
4. Two year guarantee
DelayDude, Meggers & Meggers GbR provides a guarantee for all defects occurring during a period of two years from receipt that can be proven to be due to a material or manufacturing defect. The right to a guarantee is only available to the customer, the consumer in accordance with §13 BGB is to and cannot be assigned.
Excluded from the guarantee are all wearing parts that are subject to use-related or natural wear, such as strings, drum sticks, batteries and:
(1) Books, software, DVD’s
(2) Product defects that can be traced back to incorrect operation or non-observance of operating instructions, improper use, improper use, overload or insufficient maintenance and care
(3) Damage and defects in the product when using third-party parts
(4) Products that have been attempted to repair without authorization
A defect recognized by DelayDude, Meggers & Meggers GbR as subject to a guarantee is remedied in such a way that the defective product is repaired free of charge or replaced by a flawless product (possibly also a successor model) at our option. Replaced products or parts become the property of DelayDude, Meggers & Meggers GbR.
The guarantee claim must be made within the guarantee period. For this purpose, the affected product must be sent back to DelayDude, Meggers & Meggers GbR with a copy of the invoice. Claims other than the right to rectification of defects in the product specified in these guarantee conditions are not justified by this guarantee. By providing guarantee services, the guarantee period for the product is neither extended nor started again.
The customer’s warranty rights in accordance with statutory provisions are not restricted by these warranty conditions.
5. Shipping costs
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers and in our overview.
Please note that international shipping can take up to 3 weeks. As a shop, we have no influence on the delivery times of postal items.
6. Payment
The following payment methods are available in our shop:
Payment in advance
If you choose the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Cash on delivery
If you choose the payment method cash on delivery, an additional fee of 3.50 euros will be charged. In addition, EUR 2.00 must be paid directly to the deliverer.
PayPal
You pay the invoice amount via the online provider PayPal. In principle, you must be registered there or register first, legitimize with your access data and confirm the payment instructions to us (exception, if applicable, guest access). You’ll get more information during the ordering process.
Instant bank transfer
We also offer instant transfer. Herewith we receive the transfer credit immediately. This accelerates the entire order process. All you need is the account number, bank code, PIN and TAN. Sofortüberweisung automatically places a transfer in your online bank account in real time using the secured payment form from Sofort AG, which is not accessible to retailers. The purchase amount is transferred immediately and directly to the retailer’s bank account. If you choose the payment method Sofortüberweisung, a pre-filled form opens at the end of the ordering process. This already contains our bank account. In addition, the transfer amount and the purpose are already displayed in the form. You have to select the country in which you have your online banking account and enter the bank code. Then enter the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. Right after you receive confirmation of receipt. In principle, every internet user can use instant transfer as a payment method if they have an activated online banking account with PIN / TAN procedure. Please note that a few banks do not yet offer instant transfer. You can find more detailed information on whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-rechner/
7. Retention of Title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale – regardless of a combination or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
9. Contract text storage
We save the contract text and send you the order details by email. You can view and save the terms and conditions here on this page at any time. You can view your past orders in our customer login.
10. Contract language
The languages available for the conclusion of the contract are German and English.
11. Place of performance and jurisdiction
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
The place of performance for all services from the business relationship with DelayDude, Meggers & Meggers GbR is Berlin, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.
12. Final provision
Should any of these provisions – for whatever reason – not apply, this will not affect the validity of the remaining provisions.