5The mission organization Christ for all Nations (Germany) handles orders on the basis of the following General Terms and Conditions of Trade.
1 Conclusion of contract
Details of goods and prices supplied in the course of the order placement are non-binding. Your order constitutes an offer made to us to conclude a purchase agreement. The purchase agreement in respect of the article(s) that you have chosen is concluded when you take receipt of your order through delivery of the goods.
- Orders for more than EUR 40 sent to postal addresses in the Federal Republic of Germany are not subject to a delivery charge. Orders for less than EUR 40 are subject to a pro rata delivery charge of EUR 3.99. Dispatches to other countries are charged by weight. In the case of deliveries outside Germany, you are responsible for any additional taxes and customs duties.
- The place of performance is our distribution centre. We generally deliver within 10 working days. Delivery may take longer, as appropriate, in particular cases.
- We are entitled to make part deliveries. In the case of part deliveries, we bear any additional delivery charges that may be due.
- If force majeure (e.g. natural disasters, war, terrorist attack, strikes, lock-out) makes delivery or any other service permanently impossible, we are released from any performance obligation. Any payments already made will be refunded promptly. If you are no longer interested in the delivery because of the delay, you may withdraw from the order. Here too, any payments already made will be refunded promptly.
We reserve the right not to fulfil an order if we do not have the goods ordered in stock and they can no longer be obtained. In that case, we will inform you immediately of the non-availability of the goods and refund promptly any purchase price already paid.
4 Right of withdrawal and consequences
- Consumers may withdraw from their contractual agreement within 14 days without explanation by giving notification in text form (e.g. letter, fax, email) or ‒ if the item has been delivered before the deadline ‒ by returning the goods. The period begins after receipt of this notification in text form, but not before the goods have been received by the addressee (in the case of periodic deliveries of similar goods, not before receipt of the first part delivery) and not before fulfilment of our information obligations pursuant to Article 246, section 2, read in conjunction with section 1 (1) and (2) of the German Act Introducing the Civil Code (EGBGB) and our obligations pursuant to Article 312g (1), first sentence, of the German Civil Code (BGB) read in conjunction with Article 246, section 3, of the EGBGB.
The timely despatch of the notification of withdrawal or the goods shall be deemed sufficient for compliance with the withdrawal deadline.
Notification of withdrawal must be addressed to:
Christ for all Nations
Orber Strasse 67
60386 Frankfurt am Main
Tel: +49 69 47878-0 Fax: +49 69 47878 1030
Consequences of withdrawal
- In case of an effective withdrawal from contract, the services received by either party must be returned and any derived benefits (e.g. interest) must be surrendered. If you do not return or surrender the received service and benefit (e.g. advantages from use) or only return it in part or in a deteriorated condition, you must pay us compensation. You will only be required to pay compensation for the deterioration of the item and for derived benefits if the benefits or the deterioration is due to the item being handled in a way that goes beyond checking the features and functioning. Checking the features and functioning is understood to mean testing and trying out the item in question, as is possible and customary when purchasing items in a shop.
- You must bear the regular cost of returning the goods if the item supplied is what was ordered and if the price of the item returned does not exceed EUR 40 or, if the price of the item was higher on the date of withdrawal from the purchase agreement, if you have not made payment or a contractually agreed part payment. Otherwise, you will not be charged for returning goods. Obligations to refund payments must be fulfilled within 30 days. That period begins for you when you send your notification of withdrawal or the item; for us, that period begins on receipt of said notification or item.
End of the notification of withdrawal
For the return of goods, we have the following non-compulsory request:
Please return goods, if possible, in the original packaging with all accessories and all packaging components. Please also use protective outer packaging, as appropriate. If you no longer have the original packaging, please use suitable packaging materials to ensure that the items are adequately protected against damage during transportation.
Please return the goods to us, if possible, with postage paid, regardless of who is cover the transportation costs. Returning goods without paying postage leads to avoidable costs. We cannot therefore accept packages that are returned without postage paid. Please contact us before returning goods; we will then refund any advance delivery charges.
The instructions for returning items are not a precondition for the effective enforcement of any right of withdrawal.
5 Terms of payment
- The item delivered remains our property until full payment has been received. As long as this reservation of ownership applies, the customer may not sell the item on to a third party or make use of the item; in particular, the customer may not grant third parties the right under contract to use the item.
- We accept only those modes of payment indicated during the order.
- In the case of orders for more than EUR 200, we reserve the right to carry out creditworthiness checks.
- If your payment is overdue despite your having been sent a reminder and having been given a deadline for payment, we are entitled to charge default interest of 5 percentage points per annum above the base rate indicated by the Deutsche Bundesbank for the period of the order.
6 Guarantee and liability
- If you give us evidence of defects in the goods delivered, we will deliver a replacement or take steps to correct the defects within an appropriate period. If the problem cannot ultimately be resolved, which is presumed to be the case after two attempts to rectify the matter, you are entitled to reduce the purchase price or to withdraw from the sales agreement.
- Customers’ attention is drawn to the fact that no claim under guarantee is possible if, on the transfer of risk, the condition of the product was as agreed. A claim under guarantee is not possible, in particular, in the following cases:
(a) Damage caused by the customer as a result of misuse or improper use;
(b) Damage cause by the products, while in the customer ’s possession, being subjected to harmful external influences (especially extremes of temperature, damp, fire).
- Usual wear and tear and usual ageing do not constitute quality defects.
- Otherwise, the legal liability applies to all claims for compensation made against us.
7 Sale of digital products (audio files)
- Conditions of use governing the purchase of digital products (audio files)
(a) We do not confer on you ownership of the digital product (audio file) concerned, but transfer to you usage rights as follows:
The digital products in our range of goods are copyright protected and intended to be purchased solely for private use. Unless the author, publishing company or other creative producers whose digital product is on sale via our platform expressly informs you as the end-customer otherwise, you acquire a simple, non-transferable right of use, which entitles you to personal use as the sole user of the digital product in question. Any transfer, processing, duplication or reproduction, distribution, publication and making publicly accessible in full or in part, regardless of whether this is carried out in digitally by remote data transmission or non-digitally, is prohibited and may be liable to prosecution beyond the narrow limitations of copyright law. Commercial use of the digital product is in any case prohibited.
(b) If you purchase the digital products to use them for a limited period (“borrowing” or “hiring”), a simple, non-transferrable right of use as described under 1 (a) above is conferred, but only for a limited period agreed by the contracting parties. At the end of that period, the right to use the digital product – in any way whatever – lapses.
(c) The right to use a digital product is granted subject to the condition precedent of all claims connected with the order having been fully settled.
(d) You release us from all third-party claims based on unlawful use of the digital product by yourself or with your consent. If unlawful use becomes known, you will inform us immediately.
- Provision for use
(a) We place digital products in your account area for you to download. The minimum period during which the download link remains active for you will be displayed for the digital product concerned.
(b) If we offer you the possibility of re-downloading digital products from your personal account area, beyond the minimum duration referred to in paragraph 1, this is an additional service, which we provide voluntarily. We therefore reserve the right to terminate that service at any time. In particular, we can therefore cancel entirely, suspend temporarily or permanently or change at any time the possibility of re-downloading digital products. In addition, we may delete individual digital products from your account (e.g. if disputes arise regarding possible breaches of the law resulting from the contents of the digital project or for any other valid reason). Your claims under the guarantee naturally remain unaffected by this ruling.
(c) The aforementioned restriction option refers only to your account area with us and not to those places where you have already downloaded and stored digital products. We therefore recommend that, immediately after receiving the download link, you make your own backup copy of the digital product in question so that it is also available to you after the expiry of time during which the download link is available or if we suspend or cancel our voluntary service pursuant to paragraph 2.
- We would like to point out that a suitable playback device is necessary for the use of digital products in our range of goods. Dependent on the player in question, special software may also be required for the digital product to be used as intended. This software does not form part of the contractual agreement regarding digital products concluded with us and may be subject to licensing and/or data protection rules and additional costs; those costs must be borne by you. We do not guarantee that digital products can be used on all playback devices without reservation.
- When downloaded, digital products can be individually marked by us, or by people commissioned by us, with an invisible digital watermark or with another copy protection mechanism. This is intended, in particular, to enable the original purchaser of the digital product to be identified and legal action to be taken against that person in case of abusive use of the digital product. You are under obligation to refrain from avoiding or deactivating such kinds of security mechanisms in any way.
- The agreement concluded between you and the mission organization Christ for all Nations (Germany) is governed solely by the law of the Federal Republic of Germany.
- If the customer is a trader, a legal person under public law, the place of jurisdiction for all disputes arising from the contractual agreement between the customer and Christ for all Nations (Germany) is the headquarters of Christ for all Nations (Germany).
- If individual provisions of this agreement are or becomes fully or partially invalid or void this shall not otherwise affect the validity or enforceability of said agreement.
This is a courtesy translation.
The sole authoritative text is the German version of these General Terms and Conditions of Trade.