420 Store Terms and Conditions

Last: 2020-07-25


Conditions concerning sales contracts, concluded via the platform https://420-store.de

between

420 Store
Oliver Steinwede, Rolfshagener Str. 61
31749 Auetal, Germany
VAT-ID: DE245976768

– further referred to as „provider“ –

and

the under § 2 of this terms and conditions described user of the platform, further referred to as “customer”:

§ 1 Scope of validity

(1) The following terms and conditions, as valid on conclusion of the contract, shall exclusively apply to the business relation between provider and customer. Different terms and conditions of the customer will not be allowed unless the provider agrees expressively and in writing to the different terms and conditions. Different conditions of the customer will not be recognized, unless the provider agrees to their validity expressly in writing.

(2) Particualr note is made of the license agreement for downloads within this terms and conditions.

§ 2 Conclusion of contract

(1) The customer can choose products from the catalogue of the provider and collect them in the so-called “cart” by using the button “Add to cart”. By using the button “Order (at a fee)” the customer hands in a binding application to purchase the products collected in the cart. The customer can check and, if necessary, edit his data anytime before placing (and submitting) his order.

(2) After that the provider automatically sends a confirmation receipt to the customer via email with the subject “Confirmation of your order at the 420 Store”, re-listing the customer’s order; the customer can print the receipt using the print-function of his computer. The customer’s order (1) represents the offer to conclude a sales contract over the products collected in the cart. The confirmation receipt (order confirmation) represents the provider’s acceptance of the offer. The content is summarized in the confirmation receipt. The contract text (order, terms & conditions and confirmation) will be sent to the customer via e-mail or paper print at the latest by delivery of the goods. The contract text and data will be stored under preservation of data protection.

(3) During the order process, the customer gets the opportunity to get knowledge of relevant information, such as this Terms & Conditions, the Revocation Instruction, Privacy Policy and possibly agreements such as the Terms and Conditions for Digital Products (Downloads). In order to place a binding order, the customer must confirm that he received and noticed the information and that he agrees with it. The customer can do this during the order process.

(4) The contract conclusion happens in the following languages: German, English. The selection of the language used depends on the language of the website chosen by the customer. It can also depend on the location (country) of the customer visiting the website.

§ 3 Reservation

A placed and confirmed order remains active for ten (10) working days, starting with the day the order was placed and confirmed (see §2 (2) of this Terms and Conditions). Until the deadline expires, the ordered products remain under reservation for the customer. If the ordered products are not completely paied after the deadline expires, the provider can cancel the contract. In this case, the order gets canceled and the customer gets information about the cancellation, normally sent via e-mail to the e-mail address that the customer typed in during the order process or possibly has deposited in his customer account at the 420 Store. Any installments of the customer will be refunded immediately after the provider has stepped back from the contract and the order was canceled by the provider.

§ 4 Delivery, product availability, payment arrangements

(1) Delivery times that were indicated by us start with the order confirmation (§ 2 (2) of this Terms and Conditions), provided that the payment has been completely done.

(2) The delivery time is part of the description of the product. The provider takes care of fulfilling the order and sending the products to the customer as soon as possible.

(3) In case of an extensive order with multiple products it is possible that the products come shipped in different partial deliveries, in order to fulfill the order as quick as possible. In this case, the provider bears the additional costs (if any). The provider will inform the customer about the partial delivery.

(4) If a product ordered by a customer is temporary unavailable, the provider will inform the customer immediately. In case of a delivery delay later than two weeks, the customer is allowed to cancel the sales contract. The provider is also allowed to cancel the sales contract; if doing so, the provider will refund any payments that the customer has already done immediately. In case of a delivery delay later than two weeks, the customer is allowed to cancel the sales contract. Otherwise, in this case the provider is also allowed to cancel the sales contract. If doing so, the provider will immediately refund any payments that the customer has already made.

(5) Digital Products (Downloads) will be unlocked immediately after the payment is received. The customer gets an e-mail containing the download link. Using the download link, the customer has access to his Digital Product several times, but limited (to normally five (5)) times. By accessing his Digital Product, the customer can download it to his device(s).

§ 5 Payment methods

(1) During the order process, the customer can choose between different payment methods, either using bank transfer or PayPal Checkout (PayPal-account or credit card).

(2) The payment of the purchase price is due upon conclusion of the sales contract. Payments that the customer makes using PayPal are normally received immediately, which is much sooner than bank transfer payments. Thus, the order can be fulfilled sooner. Otherwise, the regulations of §3 apply.

(3) Any fees that the customer’s payment institution demands for the payment (such as international payments) has to be taken care of by the customer.

(4) Refundable amounts, such as of a revocation, are refunded by the provider immediately. If both provider and customer didn’t agree otherwise for this particular case, the refunds will be made using the same payment method that has been used in the first place.

(5) Refunds are not more than the originally value, including the original shipping costs, including the shipping costs originally calculated. Any additional fees have to be taken care of by the customer. If possible, the costs will be deducted from the refund amount in order to make the process easier.

(6) If desired by the customer, payments can also taken as offset against the refund amount. This can happen if the customer revokes a specific order, but places a new order at the same time. Every single case is agreed between the provider and the customer. If the customer desires an offset, it is sufficient to inform the provider via e-mail, phone or by using the contact form that is provided on the website.

§ 6 Reservation of ownership

Unless the payment has been completely fulfilled, the delivered products shall remain the property of the provider.

§ 7 Prices and shipping costs

(1) All prices that are shown on this website, are understood as being including VAT. Due to legal regulations, the VAT amount can either depend on the country of the provider or on the country of the customer. The provider will take care of calculating the exact VAT amount in order to fulfill the legal regulations.

2) The corresponding shipping costs are shown to the customer in the order form. The customer has to carry these costs, unless the customer exercises his right to revoke. Shipping costs are calculated depending on the delivery address that the customer typed in. The customer carries the costs, unless he revokes before the order is shipped.

§ 8 Revocation

(1) Right of Revocation

(1) The customer has the legal right to revoke this contract within 14 days without giving reasons.

The revocation period is 14 days, starting at the day when you or a third party who is designated by you and who is not the deliverer takes possession of the goods. Also, the customer can revoke a sales contract that has already been payed for, but didn’t get into the fulfilling process yet. This is practically the same as the cancelation of a reservation after §3. Orders that have not been paid for completely remain reserved for 14 days, starting with the day we receive, respectively confirm your order. You can cancel the order before the deadline expires. After the deadline has expired, the provider will cancel the order.

To execute his legal right of revocation, the customer must inform the provider by using an explicit declaration (for example, a letter sent by post, fax or email) of the customers decision to revoke the contract. The customer may use the attached sample revocation form which yet is not prescribed by law. The customer also can fill out and submit the form electronically to the provider. The form can be found on the website: https://420-store.de/en/revocation. If the customer uses this possibility, the provider will immediately send a confirmation receipt about the reception of the revocation to the customer, commonly via e-mail.

Compliance with the deadline requires only that the declaration of revocation be sent by this deadline.

(2) Consequences of Revocation

If the customer revokes this contract, the provider has to refund all payments that he received from the customer, including the shipping costs (except additional costs which are a result of the customer’s choice of using a different way of delivery instead of the standard, cheapest delivery the provider provided to the customer). The provider has to refund these costs and payments immediately and not later than 14 days, beginning with the day that the provider received the declaration of the customer’s revocation of this contract. The provider uses the same payment method for the refund that was used for the initial payment, unless the customer and the provider expressively arranged something different; in no case the customer will be charged any fees for the refund.

The customer has to send the products back or give them back to the provider immediately and in any case not later than 14 days, starting at the day the customer notifies the provider about the revocation of this contract. Compliance with the deadline requires that the products are be sent before this deadline of 14 days.

The provider is allowed to refuse to refund, unless he received the products or the customer provided evidence of returning the products to the provider, whichever falls earlier.

Otherwise, the customer can revoke the contract without notifying the provider, but by sending or giving the products back to the provider instead. He has to do that within 14 days, starting at the day when the customer or a third party who is designated by the customer and who is not the deliverer takes possession of the goods. Compliance with the deadline requires that the products are be sent before this deadline of 14 days.

The customer carries the direct costs for sending the products back.

The revoked products must not be damaged or used in any kind. Any tags, stickers or other applications must not be removed, unless they are expressively marked or recognizable as removable applications (i.e. price tags). The customer shall be only liable for any diminished value of the goods resulting from the handling other than what is necessary to check the products for condition, characteristics and functionality.

When shipped back, the products should be packed properly and safe in order to prevent transportation damage. The provider recommends to use the same or a similar package that have been used in the first place for the shipping of the customer’s order.

The revocation instruction doesn’t affect digital products (downloads), such as music, video, pictures and graphics as well as written texts (like e-books, transcribed lyrics etc.), because there’s no possibility in actual returning the digital data as a product. In principle, a revocation is only possible as canceled order after §3. That’s why during the order process the customer has to confirm that:

  • – the execution of the contract begins before the revocation period ends
  • – the customer’s right for revocation ends with the beginning of the execution of the contract.

During the order process the customer gets the opportunity to confirm.

The right to revoke only affects digital products. Non-digital products that are purchased within the same order can be revoked as described in this Terms and Conditions.

(3) Pattern Form for Revocation via E-mail or by Post

If the customer wants to revoke the sales contract, he can fill out this form and send it to the provider via e-mail or by post.
Information: If the customer wants to submit his declaration of revocation electronically, he can do that by using the form that is found on our revocation site.

To

420 Store
Oliver Steinwede, Rolfshagener Str. 61
31749 Auetal, Germany

E-mail: team@420-store.de

Revocation

I hereby revoke the contract for the purchase of the following products:

Order Number:

______________________________________________

Date of order/date of reception (please delete where inapplicable)

______________________________________________

Name of the customer:

______________________________________________

Address of the customer:

______________________________________________

______________________________________________

Date and Signature of the customer
(only for declarations printed on paper):

______________________________________________

§ 9 License agreement for downloads

INFORMATION: This license agreement represents the usual regulations of the industry. In case of doubt you have to contact the owner/owners of the rights if you want to break one or more paragraphs of this license agreement. 420 Store owns the rights to sell the digital products (downloads) provided on this website. The customer is the licensee. Please note especially §7. In case of doubt the customer has to contact the owner/owners of the rights if he wants to break one or more paragraphs of this license agreement. 420 Store owns the rights to sell the digital products (downloads) provided on this website and is the licensor. The customer is the licensee. Please note especially §7.

(1) Scope of validity

This license agreement applies to all audio- and/or video-files (mp3, mp4, mov, wav, aiff, m4a, etc.) that are provided for download on this website. This license agreement applies to every single file, no matter if only one or more than one file ist provided for download and no matter if the files are the same type or different types.

(2) Copy

The licensee may lay down the downloaded file(s) for his own purposes to his own terminal devices (computer, smartphone, tablet-pc, own storage-cloud) any amount of times. The licensee also may create a backup on an own external device (USB stick, CD/DVD etc.). The licensee is not allowed to hand over the file(s) nor one or more copies of the file(s) to any third person, including the way of handing over his device(s), so that a third person has access to the files by using those device(s). It is especially not allowed to sell the file(s) commercially. If the licensee sells the file(s) privately, he must delete all copies and backups from all devices before handing over the file(s).

(3) Application of the provisions

The licensee must not, under any circumstances, use the downloaded file(s) in whole or in part for any purposes other than the original purpose. It is especially not allowed to use the file(s) as a base for own media or multimedia production such as using audio-, video- or readable samples, no matter if for own purposes of the licensee or for purposes of third parties (commercially or privately) and no matter how long or big the sample(s) is/are.

(4) Editing

The licensee must not, under any circumstances, in any way modify, spread, alienate or rearrange the file(s) outside of his own private purposes. It is especially not allowed to sell such an edited version of the file(s) commercially or privately. Please note §7.

(5) Publishing

The licensee must not, under any circumstances, publish the content of the downloaded file(s) in any way. It is especially not allowed to use the content in whole or in part for background-music or -video or any other media or multimedia products (podcasts, radio- or tv-shows, public events, blogs in forums or as content of own websites etc.) in order to publish it in any way, neither on online platforms such as YouTube, Spotify, Shutterstock, Facebook, among others, nor on storage mediums of any kind. Please note §7.

(6) Copyright

Basically, the licensee is not allowed to write down content of the file(s) that is examined for musical context, such as melody, harmony, rhythm, lyrics, tempo, dynamics, arrangement, production etc. in order to hand it over to any third party or to publish it in any way, no matter if commercially or privately. This particularly applies to transcription of the content into musical notation as well as transcription of the lyrics, in whole or in part. Please note §7.

(7) Variations of this License Agreement or Parts of It

Deviations from this agreement can only be made by written and signed agreements between the owner of the rights and the licensee. For example, a deviation can be made if the licensee wants to create a professional remix of musical content or the licensee wants to professionally advertise one or more songs, graphics, videos and/or texts and lyrics provided within the downloaded file(s). In that case, the licensee must also take care of further rights that are necessary to get. In many cases, the GEMA or a partner is the right address for taking care of copyrights for songs. If you want to use third-party-productions of music, in many cases the GVL or a partner is the right address for taking care of copyrights for productions and recordings. If possible, the 420 Store team will support the licensee with pleasure.

(8) Violation Against this License Agreement

Any violation will result in legal action.

(9) Severability Clause

If any provision of the present General Terms and Conditions is held to be unenforceable, the enforceability of all remaining provisions shall not be affected thereby. The unenforceable provisions shall be replaced by those enforceable provisions that comes as close as possible to this license agreement.

§ 10 Liability for Material Defects in matter

The provider is liable for material defects in compliance with the legal regulations, especially §§ 434 ff. BGB (German Civil Code). Toward companies the liability period of products delivered by the provider is 12 months.

§11 Deviations in color and subjects to change without notice

(1) Due to technical circumstances, it is not possible to reflect colors on a product picture exactly as they are in reality. Deviations in color between a given product and the picture(s) that show the product are not a material damage, unless the color of the product is clearly different from the color of the picture and there is no notification written down within the product description to make the difference clear.

(2) The provider may apply changes on products, including digital products without further notice, unless the applied changes would alter the essential functions, properties and/or purposes dramatically. Thus, for example, a cord on a bag my differ in length to the shown picture or have a slightly different color or thickness as shown in the discription.

§ 12 Liability

(1) The customer has no right to claim compensation. Excluded are claims of compensation of the customer as a result of injury of life, body or health, or as a result of violation of essential contractual obligations (cardinal duties). Also, claims of compensation in terms of the provider’s liability, as well as the liability of the provider’s legal representatives or vicarious agents for other damages as a result of intentional breach of duty, are excluded. Essential contractual obligations are those that are necessary to fulfill the intention of the sales contract.

(2) If essential contractual obligations are violated, the provider is only liable for predictable damage that is typical of the contract, if the damage is simply caused negligent, unless the claims of compensation are a result of injury of life, body or health.

(3) The restrictions named in (1) and (2) are also valid in favor of of the provider’s legal representatives or vicarious agents, if they compensation is claimed directly to them.

(4) Die Vorschriften des Produkthaftungsgesetzes bleiben unberührt.

§ 13 Information about private policy and data protection

(1) During the order process and the fulfillment of the sales contract, the provider collects data about the customer (personal data). Doing that, the provider adheres to the legal regulations, in particular the General Data Protection Regulation (GPDR) and the German Federal Broadcasting Agreement (RstV).

(2) The provider makes his privacy policy available on this website: https://420-store.de/en/privacy-policy. There the customer can make changes to possibly before made preferences, such as the application of cookies.

(3) The privacy policy declaration is handed out to the customer during the order process.

§ 14 Final Clauses

(1) The German Law, excluding the UN Sales Law and excluding the Private International Law, shall apply to contracts between provider and customer.

(2) If the customer is a trader, a corporate body under public law or a special fund under public law, the court of jurisdiction for all disputes related to contracts between the provider and the customer is the seat of the provider.

(3) In case of legal ineffectiveness of particular contractual items, the contract remains binding in the other points. Anstelle der unwirksamen Punkte treten, soweit vorhanden, die gesetzlichen Vorschriften. The legal ineffective items shall be replaced by legal regulations. If holding to the contract would constitute an unreasonable hardship for one of the parties, the contract becomes ineffective altogether.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.

— End of Terms and Conditions —