Terms and Conditions
Subsequent to our terms and conditions can also find our Privacy Policy
§ 1 Scope
The business relationship between SH Promotion GmbH & Co. KG (hereinafter
also referred to as "Metaltix") and the Customer is subject to the
following terms and conditions at the time the order is placed. Different
conditions of the Customer are not agreed by Metaltix, unless Metaltix expressly
has agreed in writing to their validity.
Note: The following terms and conditions of Metaltix do not apply to ROCK
ALARM, Rockland and Metal Travel. These are subject to each of the reachable
via the respective websites terms and conditions.
If you currently or in the future use services offered by Metaltix (eg,
download), are valid in addition to these general terms and conditions those Policies
or Terms that are used for each service application. Those Policies and Terms
govern and therefore overrule these Terms and Conditions in cases of conflict.
§ 2 Contract
Your order represents an offer to us to conclude a purchase contract when you
place an order with Metaltix. We will send you an e-mail confirming receipt of
your order and its details (order confirmation). This order confirmation does
not represent an acceptance of your offer, but will only inform you that your
order is received. A purchase contract is only concluded when we send the
ordered product to you. Contractor is the SH Promotion GmbH & Co. KG.
This does not apply to products that you acquire directly from a supplier in
ROCK ALARM, Rockland and Metal Travel. The contract is then made directly with
the supplier and is subject to conditions agreed with him.
Please note that we sell all products only in small quantities. This refers to
the number of products ordered under an order and to the several orders of the
same product, including where the individual orders the usual quantity.
§ 3 Tickets
Metaltix is not itself the organizer of any event, but sells tickets
exclusively on behalf of the organizer, either as its agent or representative
of the ticket seller. The organizer and, if different, the ticket seller can be
found imprinted on the ticket or invoice. Metaltix is not entitled to exchange
or return ticket, even if the organizer handles the refund of entry fees on
Metaltix. The ticket customer has neither in telephone nor Internet purchasing the
right of cancellation (see § 4). By ordering tickets, the customer instructs
Metaltix with the handling of ticket purchase, including shipping. For tickets
to be purchased through the ticket exchange platform, Metaltix checks the
authenticity and sends the ticket to the purchaser at his expense.
§ 4 The statutory right of cancellation within
14 days
If Metaltix on behalf of the organizers is offering services in the field of
recreation, that means particularly selling tickets (§ 3), it is not a distance
contract pursuant to § 312b BGB before. This means that a two-week right of cancellation
is not established and the following cancellation terms therefore do not apply
in this respect. Every ticket is therefore immediately upon confirmation sent by
Metaltix on behalf of the organizer
binding and then customer is committed to accept and pay for the tickets
ordered.
Instruction about order cancellation
Instruction about the cancellation right concerning the supply of goods
Cancellation:
You can cancel your contract within 14 days without giving any reasons in text
form (eg letter, fax, e-mail) or - if the goods before the deadline expires -
by returning the goods. The time limit begins after receipt of this notice in
written form, but not before receipt of the goods to the consignee (in case of
recurring deliveries of similar goods not before receipt of the first partial
delivery) and not prior to fulfillment of our obligations under Article 246 § 2
in connection with § 1 section 1 and 2 Introduction Act to Civil Law Book
(EGBGB), as well as our duties according to § 312g-section 1 sentence 1 Civil
Law Book (BGB) in conjunction with Article 246 § 3 EGBGB.
The cancellation period is sufficient to send the cancellation or the goods.
The cancellation by returning the goods is to be sent to:
SH Promotion GmbH & Co. KG
Returns
Dorfstraße 47
D-24869 Dörpstedt
The cancellation can be made online at:
metaltix.com/contact
or by e-mail:
info@metaltix.com
By letter or fax - fax number: +49 4627 18 38 80 - the cancellation shall be addressed
to:
SH Promotion GmbH & Co. KG
Returns
Dorfstraße 47
D-24869 Dörpstedt
Consequences:
In the case of an effective cancellation, the mutually received benefits and
any benefits (eg interest) surrendered have to be refunded. If you are unable
to return the benefits received, totally or in part or only in deteriorated
condition, you are obliged to pay compensation. For the deterioration and
derived benefits, you must pay compensation only if the use or the
deterioration exceeds the examination of the characteristics and functioning.
The term "examination of the characteristics and operation" means the
testing and evaluation of the current item, as much as it is possible and
common in a store. Transportable items are to be returned at our risk. You have
to bear the normal costs of return if the delivered goods are due to your order
and if the price of the item to be returned is not exceeding 40 euros or if, at
a higher price of the goods, at the time of cancellation you didn’t provide full payment or a contractually
agreed part payment. Otherwise, the return is free of charge. Goods, that can’t
be sent by parcel, are picked up. Obligations to reimburse payments must be made
within 30 days. The time limit begins for you when you send your cancellation
or the goods, for us upon receipt.
End of instruction about the cancellation right concerning the supply of goods
Instruction about the cancellation right concerning the provision of services
Cancellation:
You can cancel your contract within 14 days without giving any reasons in text
form (eg letter, fax, e-mail). The time limit begins after receipt of this
notice in written form, but not prior to closing and not prior to fulfillment
of our obligations under Article 246 § 2 in connection with § 1 section 1 and 2
Introduction Act to Civil Law Book (EGBGB), as well as our duties according to
§ 312g section 1 sentence 1 Civil Law Book (BGB) in connection with Article 246
§ 3 EGBGB. The cancellation period is sufficient to send the cancellation. By
letter or fax – fax number 04 627/18 38 80: - the cancellation by letter the
cancellation shall be addressed at
SH Promotion GmbH & Co. KG
Returns
Dorfstraße 47
D-24869 Dörpstedt
The cancellation can also register online at:
metaltix.com/contact
or by e-mail:
info@metaltix.com
Consequences:
In the case of an effective cancellation, the mutually received benefits and
any benefits (eg interest) surrendered have to be refunded. If you are unable
to return the benefits received, totally or in part or only in deteriorated
condition, you are obliged to pay compensation. This can force you to fulfill
your contractual payment obligations for the period up to cancellation. Obligations
to reimburse payments must be made within 30 days. The time limit begins for
you when you send your cancellation notice, and for us upon receipt.
Special instructions:
Your right of cancellation expires prematurely, if the contract is fulfilled by
both sides on your specific request, unless you have exercised your right of
cancellation.
End of instruction about the cancellation right concerning the provision of
services
§ 5 Delivery of goods
Unless otherwise agreed, the delivery from the warehouse of Metaltix to customer's
delivery address. On the website you can find information on availability of
products that are sold directly by Metaltix (eg on the product detail page). We
note that all details of availability, shipment or delivery of a product are only
estimated times and approximate values. They are not mandatory or guaranteed
shipping or delivery dates, unless expressly designated as binding deadlines in
the shipping options of each product. If Metaltix, while processing your order,
notes that products ordered by you are not available, you will be notified by
e-mail. If Metaltix, without own fault, is not able to deliver the ordered
goods, because the supplier didn’t meet his contractual obligations to
Metaltix, Metaltix is entitled Metaltix to resign from the contract with the
customer. In this case, the customer will be informed that the product is not
available. The legal rights of the customer remain untouched.
If delivery to the customer is not possible, because the customer is not present
at the delivery address specified by him, although the time of delivery has
been announced in due time, the customer shall bear the costs of the
unsuccessful delivery.
§ 6 Payment due date and late payment
The customer can pay cash in advance, by credit card or cash on delivery - the
latter only within Germany. For new customers, there is a maximum of 150,00 EUR
up to which the purchase can be made by cash on delivery. This limit applies to
the overall customer and takes into account outstanding amounts from previous
COD orders. If the buyer defaults, then Metaltix is entitled to charge interest
at a rate of 5 percentage points above the base lending rate (§ 247 BGB) p. a.
If Metaltix suffered a higher default damage detectable Metaltix is entitled to
claim it.
§ 7 Charging and Retention
A right to offset is entitled to the customer only if his counterclaims are
legally determined or undisputed by Metaltix. He also has the right of
retention only insofar as his counterclaim is based on the same contractual
relationship.
§ 8 Prices
All prices include the legally applicable VAT. For tickets (§ 3) domestic and
foreign sales tax included in the ticket price is imprinted on the ticket solely
by the organizer's responsibility.
§ 9 Reservation of ownership
The ownership of the delivered goods is reserved to the purchaser until full
payment.
§ 10 Liability for defects
Metaltix guaranteed under the law, that the goods are not defective in away, that
eliminates or reduces the value or suitability of the ordinary or contractually
stipulated use. The warranty period is 24 months beginning with the receipt of
goods.
Willful or grossly negligent act or omission are within Metaltix’ unlimited
liability. For slight negligence Metaltix is liable only for breach of contract
in a manner that endangers the purpose of the contract.
Claims under the Product Liability Act due to a defect after assumption of a
guarantee for the quality of goods or for fraudulent concealment of defects and
damage to health, life and limb as well as upon the inclusion of these terms
already incurred claims based on contract negotiations remain unaffected by the
foregoing limitations of liability .
§ 11 Collection, processing and use of
personal data of our customers
The information we receive from you helps us make your shopping at Metaltix
personalize and continually improve. We use this information to process orders,
the supply of goods and provision of services and payment processing. We use
your information to communicate to you about orders, products, services and
marketing offers, update our records and to maintain your accounts with us and
to recommend to you products or services that might interest you. We use your
information to help us improve our store and our platform, to prevent abuse of
our websites or to discover or to enable third parties to carry out technical,
logistical or other functions on our behalf.
More information about the nature, extent, location and purpose of the
collection, processing and usage of collected data concerning the execution of
orders and the registration to the e-mail newsletters you find in the Privacy
Policy.
§ 12 Applicable Law
German law applies under exclusion of UN sales law (CISG).







