Terms of service

This English translation is provided for convenience only. In the event of any discrepancy, the German version shall prevail.

§1 General

(1) You acknowledge these General Terms and Conditions as binding on you for the present contract. Any agreement deviating from them requires our express confirmation.

(2) You agree to receive electronic communications from us for contractual purposes, e.g. in the form of emails, and you also agree that electronic communication satisfies the form requirements for all consents and notifications, unless mandatory statutory provisions prescribe a different form.

(3) Furthermore, you waive the right to assert your own terms and conditions of purchase. These shall not become part of the contract either through our silence or through our delivery.

(4) You also acknowledge that you may not purchase goods from us for commercial resale.

§2 Conclusion of contract

(1) The presentations on our website constitute offers to conclude a contract of sale for our articles, which you accept at the end of the ordering process by clicking the order button, with the result that a binding contract of sale is thereby concluded for the articles you have selected.

(2) You may only order products with a total value of no more than €1,000 in a single order.

(3) If you have a user account, we store your orders for you so that you can retrieve them at any time via your user account. If you do not have a user account and the order confirmation we sent you by email has been lost, you can also request your order details from us at any time.

(4) Your contractual partner is tonpool Medien GmbH, represented by its Managing Directors Kurt Erping and Matthias Martinsohn, Im Klint 12, 30938 Burgwedel; Email: service@entertainshop.de, Tel: +49 5139 98 249 0.

§3 Withdrawal

If you are a consumer, you have a statutory right of withdrawal pursuant to § 312g(1) of the German Civil Code (BGB), as the purchase of goods on the internet, as in the present case, constitutes a so-called distance contract. On completion of your order, you will additionally be given separate information on the right of withdrawal and its consequences, which will be sent to you in text form. Please note: in the case of audio or video recordings (e.g. DVDs and Blu-rays) in a sealed package, the right of withdrawal expires prematurely if the seal has been removed after delivery.

§4 Packaging and shipping

(1) Shipping is carried out by us from our warehouse in Burgwedel. Goods returned in connection with any complaints and returns under the right of withdrawal set out in § 3, as well as notices of withdrawal and complaints, must be sent to the following address: tonpool Medien GmbH, Im Klint 12, 30938 Burgwedel, Email: service@entertainshop.de

(2) Unless otherwise agreed, delivery is made to the address you have provided. The delivery time from receipt of payment in full is usually 3–5 working days within Germany, 4–8 working days to the other countries of the European Union and 6–11 working days to Switzerland (plus the time required for customs clearance). Working days are Monday to Friday, excluding public holidays. Pre-orders are dispatched on the release date.

(3) Packaging is carried out in accordance with professional and customary trade standards.

(4) You bear the costs of packaging and shipping in addition to the price of the goods ordered. These costs are expressly shown in the order summary before the order is placed. In the case of partial deliveries, packaging and shipping costs are charged only once. We determine the transport route and means of transport, unless a particular shipping method has been expressly agreed. As a rule, goods are shipped via DHL.

(5) If it is not possible to deliver the goods you have ordered to you or to a person prepared to accept them at the address you have provided, DHL will return the goods to us after a further attempt. DHL charges additional costs for this. You shall bear these costs, together with the costs of re-shipment, which are charged as a flat rate totalling €9.50, only if the failed delivery is due to reasons for which you are responsible, e.g. because you provided an incorrect address or because the goods repeatedly could not be delivered owing to the absence of you or of a person prepared to accept them.

(6) Orders for delivery outside the European Union (e.g. to Switzerland) may be subject to import duties and taxes, which are levied once the consignment reaches the specified destination. You bear import duties and taxes, as well as any additional customs clearance fees, in addition to the packaging and shipping costs charged by us; you should enquire about these with your local customs authority.

(7) In the case of a withdrawal, you bear the direct cost of the return and arrange the return shipment to the address stated in paragraph 1 yourself. Please send the goods back with sufficient postage; we recommend using a tracked service. In the case of justified complaints, we bear the cost of the return; in this case, please contact us by email first and we will send you a DHL returns label. As soon as the return has arrived at our premises and has been inspected, we will refund the purchase price together with the shipping costs, provided that you return all goods you ordered with the order concerned. In the case of only partial withdrawal from an order, we do not refund the shipping costs.

§5 Payment

(1) Our prices are stated in euros (€). For deliveries within the European Union, they include the statutory VAT of the respective country of delivery (currently 19 % in Germany). No VAT is charged on deliveries to Switzerland; any import charges are governed by § 4(6).

(2) Payment can be made via PayPal, via Klarna (Klarna shows you the available options, e.g. Pay now or Pay by invoice, during the ordering process), by credit card (Mastercard, Visa, American Express) and by eps bank transfer. Cash on delivery is not available. None of the available payment methods incurs any additional costs for you on our part. Payments via Klarna, credit card and eps bank transfer are processed by our payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands; payments via PayPal are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

The goods will not be dispatched until we have received payment.

To use PayPal as a payment method, you must – if you are not already a PayPal customer – first register with PayPal. Registration is free of charge. PayPal offers you buyer protection and will refund the full purchase price and shipping costs if the goods were not dispatched or do not match the description at all. Further information can be found here: https://www.paypal.com/de/webapps/mpp/privatkunde

With Klarna "Pay now", the amount is debited or transferred directly from your account. For this purpose, you will be redirected to Klarna's secure page during the ordering process. Further information can be found here: https://www.klarna.com/de/

If you select Klarna Pay by invoice, payment is due within the payment period communicated to you by Klarna. With this payment method, we assign our claim against you arising from your purchase to Klarna Bank AB (publ), which pays us. At checkout, you will be redirected to Klarna's page, where Klarna will provide you with further explanations. Klarna will send you payment instructions, and you pay for your order directly to Klarna. Contact details and further information about Klarna Pay by invoice can be found here: https://www.klarna.com/de/kundenservice/

When paying by credit card (Mastercard, Visa, American Express), your card is charged upon completion of the order. You enter your card details in a secure payment form provided by our payment service provider Mollie; where applicable, you will be redirected to your bank's page to confirm the payment (3-D Secure).

When paying by eps bank transfer, you will be redirected to your bank's online banking during the ordering process, where you confirm the transfer of the invoice amount. This requires an online banking account with an Austrian bank that is enabled for eps. Further information can be found here: https://www.eps-ueberweisung.at/

§6 Liability for defects

(1) With regard to defects in the purchased item, you are entitled to the statutory claims under the German Civil Code (BGB). If the purchased item is defective, you may first demand subsequent performance, i.e. the delivery of a defect-free item. You return the defective item originally delivered to us at our expense. If subsequent performance fails, you may, at your option, reduce the purchase price in proportion to the defect or withdraw from the contract entirely.

(2) We expressly point out that, owing to your individual monitor settings, the colour reproduction of the products in the shop may differ from the purchased item subsequently delivered to you. This does not constitute a defect giving rise to warranty rights.

(3) If you are a merchant within the meaning of the German Commercial Code (HGB), the special duty to give notice of defects in commercial transactions pursuant to §§ 377, 378 HGB remains unaffected.

§7 Retention and set-off

(1) You may assert a right of retention against us in respect of the purchase price only if it is based on the same contractual relationship, i.e. arises from the same order. You are entitled to set off your own claims against us only if we have acknowledged the counterclaim or it has been finally and conclusively established by a court.

(2) If you are a merchant within the meaning of the HGB, your rights of retention are excluded.

§8 Validity

The invalidity of one or more clauses of these General Terms and Conditions shall not affect the validity of the remainder of the contract. The parties are obliged to replace the invalid provision retroactively with a valid provision that comes closest to the economic purpose pursued by the invalid provision.

§9 Miscellaneous

(1) All agreements with us are governed by German law. However, this does not apply if a consumer resident abroad places an order with us and the above choice of law would deprive that consumer of the protection afforded to them by the provisions of the country in which they are resident. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

(2) The place of performance for all rights and obligations arising from the business relationship is our registered office.

(3) If you are a merchant within the meaning of the HGB, the courts at our registered office shall be deemed agreed as having exclusive jurisdiction for all disputes arising from the contract.

(4) We are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.