General Terms and Conditions

§ 1 - Provider, inclusion of the GTC

  1. Provider and contractual partner for the purchase of CDs and records (hereinafter referred to as "goods") via the portal "www.flipvinyl.de" is recordsale & musicberlin GmbH, Hertzstr. 63a, 13158 Berlin, Germany, Phone +49 (0)30 549069361, Fax +49 (0)30 549069369, E-Mail [email protected], Managing Director Mathias Gordon HRB 121880 B, Amtsgericht Charlottenburg, VAT ID DE 815107318 (hereinafter referred to as "Provider" or "we").
  2. These General Terms and Conditions are an integral part of any contractual agreement between the Provider and the respective Customer. Conflicting GTC of the customer are contradicted.

§ 2 - Purchase of goods

  1. The provider offers users of the portal the opportunity to offer goods for sale to the provider.
  2. The provider only purchases goods from customers who are of legal age, have full legal capacity and are consumers. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
  3. The provider exclusively purchases goods that are the property of the customer, are free of third-party rights and fulfil the purchasing conditions of the provider.
  4. The minimum purchase goods value is 50.00 euros.

§ 3 - Offer of sale, conclusion of contract

  1. All information provided by the provider in the portal does not represent a binding offer on the part of the provider, but serves to submit offers of sale by the customer.
  2. The customer can submit his offer of sale via the offer shopping cart or the offer form provided in the portal. The prices displayed on the portal represent estimated values generated by the seller on the basis of the information provided by the customer and are non-binding.
  3. After submitting his sales offer, the customer receives a confirmation by e-mail about the receipt of the offer ("confirmation of receipt").
  4. The offered goods must be received by the seller no later than 14 days after receipt of the confirmation of receipt.
  5. After receipt of the goods by the seller, the seller first checks the goods for completeness as well as compliance with the purchase conditions and decides within 7 days which sales offer he accepts. The customer will be informed by e-mail about the result of the goods inspection ("goods inspection result"). In this e-mail, the seller declares whether he will purchase the respective offered goods. In the case of several offered goods, the Supplier reserves the right to conclude a purchase contract with the Customer only for individual goods. If he does not purchase the goods offered in each case, the supplier shall send the customer
    • by e-mail a purchase offer at a lower purchase price, which the customer can then accept within 14 days of the dispatch of the new purchase offer or
    • by e-mail the request to declare to the supplier whether he would like to receive the rejected goods back.
  6. The acceptance of the purchase offer and thus the conclusion of the contract is effected by a confirmation of the purchase by e-mail ("confirmation of contract") or by transfer of the purchase price.
  7. The conclusion of the contract and the execution of the contract take place in German at the customer's request.
  8. Before submitting the respective sales offer, the customer is shown an overview of the data recorded for his offer, including the essential characteristics of the goods. The customer has the opportunity at this point to check the data for possible input errors and, if necessary, to go back one or more steps in the offer process in order to change the data or to cancel the offer process altogether.
  9. The supplier sends the customer the content of the concluded contract (contract text) by e-mail after conclusion of the contract. At the same time, the supplier stores the text of the contract in his electronic data processing system. Since the customer does not have access to this, it is incumbent on the customer to keep the e-mail with the contract text in his own interest.

§ 4 - Prices and payment

  1. All purchase prices are inclusive of any VAT, postage and packaging, each of which shall be borne by the customer.
  2. The payment of the agreed purchase price shall be made electronically, depending on the customer's choice, to the PayPal account specified by him in the offer process or by SEPA transfer to the bank account specified by the customer. A cash payment is excluded. Any bank or PayPal fees incurred shall be borne by the customer.
  3. For deliveries from countries outside the European Union, customs duties, levies and taxes may be incurred, which shall be borne and paid by the customer in each case. These charges are in addition to the postage costs and cannot be influenced by the supplier.

§ 5 - Postage and return postage

  1. The supplier offers the customer the choice of sending the goods by "DHL pick-up" or by using a "DHL shipping label" sent by the supplier by e-mail. The customer can also send the goods to the supplier in another way at his own expense.
  2. The customer undertakes to send the goods immediately, but in such a timely manner that they reach the supplier within 14 days of receipt of the confirmation of receipt by the customer. If the customer chooses the postage method "DHL collection", he undertakes to fix a collection date offered via the website of the supplier within 14 days at the latest. On the agreed collection date, the customer must have the goods ready and packed for collection in accordance with the provider's specifications.
  3. If the customer does not use any of the free postage methods offered by the provider in the purchase process, the customer shall bear the postage costs. Regardless of the delivery method, the customer bears the packaging and transport risk for sending the goods to the seller. In the case of the delivery methods offered free of charge by the Supplier (collection by DHL or sending of a DHL shipping label), the shipped goods are insured against damage or loss up to a maximum of 500 euros per shipment. The customer is advised, in the case of independent dispatch or a value of the goods to be dispatched in excess of 500 euros, to insure the dispatched goods themselves adequately against damage or loss in transit. The customer will be notified immediately by e-mail of any obvious damage caused by the transport, so that a corresponding damage report can be made by the customer to the transport company commissioned by him.
  4. The consignment must be accompanied by the delivery note, which the customer can print out as part of the offer process on our platform.
  5. The customer will be requested by e-mail to send an explanation of the whereabouts of the rejected goods to the supplier by e-mail. If the customer decides to receive the goods back, a return shipment will be made at the risk and cost of the customer in the amount of a flat rate of 3 euros within 14 days of receipt of the declaration by the provider. The provider can offset the return costs against a possible purchase price.
  6. If the customer refuses to return the goods or if the provider does not receive a declaration from the customer, the provider will recycle the items. A refund will not be made.
  7. If a delivery fails because the customer has given the delivery address incorrectly or incompletely, a renewed delivery attempt will only be made if the customer bears the direct costs of the renewed dispatch. If the delivery of the return shipment to the customer fails due to circumstances for which the supplier is not responsible, the supplier reserves the right to recycle the goods as well.
  8. If the customer's consignment contains additional goods that deviate from the delivery note and were sent unsolicited and without prior agreement, these goods will not be processed, paid out or returned by the supplier, but will be disposed of.

§ 6 - Warranty (liability for defects)

  1. The customer assures the correctness and completeness of all the information he has provided about the goods. He declares that he is entitled to dispose of the goods offered in each case without restriction and to truthfully state all properties and features essential for a purchase decision as well as any defects that could reduce or diminish the value of the goods.
  2. The customer warrants that the goods offered by him are free from third party rights, in particular that the goods are not pledged and are not the subject of any measure of execution and that no usufruct or right in rem is granted thereon.
  3. The customer warrants to the supplier that the goods offered by the customer were not themselves manufactured in violation of third party rights and may be sold within the European Union.
  4. For the rest, warranty claims of the parties (also referred to as defect liability rights) exist in accordance with the statutory provisions.

§ 7 - Out-of-court dispute resolution

  1. For the out-of-court settlement of consumer disputes, the European Union provides an online platform ("ODR platform") at the address ec. europa.eu/consumers/odr.
  2. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 8 - Final provisions

  1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention. However, German law shall not apply to consumers with permanent residence abroad insofar as the consumer's national law contains regulations from which the consumer cannot deviate by contract.
  2. In the event that the customer is a merchant, a corporation under public law or a special fund under public law, the parties agree that the place of performance and exclusive place of jurisdiction shall be the registered office of the provider in Berlin, Germany.
  3. If individual provisions of these general terms and conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
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