gitarren studio neustadt | terms and conditions
1 Scope of application
(1) These General Terms and Conditions apply to all business relationships between GITARREN STUDIO NEUSTADT and its customers in the respective version valid at the time the contract is concluded, insofar as they relate to business transactions that are processed directly or electronically.
(2) These General Terms and Conditions apply exclusively; conflicting or deviating terms and conditions of the customer cannot be accepted, unless GITARREN STUDIO NEUSTADT has expressly agreed to them in writing in individual cases.
2 Conclusion of the contract
(1) The description of our product range on the Internet is for the information of the customer only. It does not constitute an offer to conclude a contract within the meaning of § 145 BGB [German Civil Code]. This does not yet create any contractual obligations for GITARREN STUDIO NEUSTADT, such as a delivery guarantee.
(2) By sending an order to GITARREN STUDIO NEUSTADT, the customer submits an offer to conclude a contract. The customer will receive confirmation of receipt by e-mail or similar means. Should individual details of the product range on the website be incorrect, GITARREN STUDIO NEUSTADT will inform the customer separately after receipt of the order and submit a corresponding counter-offer.
(3) The contract with GITARREN STUDIO NEUSTADT is concluded when GITARREN STUDIO NEUSTADT accepts this offer. Acceptance is subject to the condition that the goods are actually available. A separate declaration of acceptance by GITARREN STUDIO NEUSTADT to the customer is no longer required. If GITARREN STUDIO NEUSTADT cannot accept the customer's offer, this will be communicated to the customer electronically.
3 Customer's right of withdrawal
(1) In the case of online transactions, the customer is entitled to revoke his declaration of intent directed at the conclusion of the contract within two weeks of receipt of the goods by returning the goods to GITARREN STUDIO NEUSTADT. Timely dispatch of the goods is sufficient to comply with the deadline.
(2) The customer bears the costs of returning the goods.
(3) In the event of revocation, GITARREN STUDIO NEUSTADT will reimburse the customer for any purchase price already paid. The shipping costs paid by GITARREN STUDIO NEUSTADT will be deducted from this purchase price. In the case of reimbursements abroad, the transfer fees will also be deducted.
(4) In the event of significant deterioration or loss of the goods, the customer must compensate GITARREN STUDIO NEUSTADT for the corresponding depreciation or loss in the event of revocation. If the customer has already paid the purchase price, GITARREN STUDIO NEUSTADT is entitled to deduct the depreciation from the reimbursement amount.
(5) The right of revocation is excluded in the following cases: a) in the case of contracts for the supply of audio or video recordings or software, if the delivered data carriers have been unsealed by the customer; b) in the case of contracts for the supply of goods that are manufactured according to customer specifications within the meaning of § 3 Abs II Nr. 2 of the German Distance Selling Act or are unsuitable for return, such as antiquarian articles; c) in the case of contracts for other deliveries where a right of revocation has been expressly excluded.
4 Delivery of the ordered goods
(1) GITARREN STUDIO NEUSTADT will deliver the ordered goods to the address specified by the customer in the order as soon as possible. GITARREN STUDIO NEUSTADT is entitled to make partial deliveries.
(2) GITARREN STUDIO NEUSTADT will charge the customer for the costs of the individual deliveries at the amount shown in each case. All risks and dangers of shipment shall pass to the customer as soon as the goods are handed over to the contracted deliverer by GITARREN STUDIO NEUSTADT.
(3) Information about delivery deadlines is non-binding, unless GITARREN STUDIO NEUSTADT has made a written commitment to the customer in individual cases.
5 Retention of title
The delivered goods shall remain the property of GITARREN STUDIO NEUSTADT until all claims against the purchaser have been fully settled.
6 Due date and payment of the purchase price
(1) The purchase price is due upon conclusion of the contract.
(2) Payment is made either in cash, by advance transfer or by cash on delivery. GITARREN STUDIO NEUSTADT will comply with the customer's wishes regarding these payment methods.
(3) If the customer defaults, GITARREN STUDIO NEUSTADT is entitled to demand default interest at a rate of 5% p.a. above the base interest rate pursuant to § 1 of the Discount Rate Transfer Act of 9 June 1998 (BGBl. I S. 1242).
(4) The customer is only entitled to offsetting if his counterclaims have been legally established.
7 Warranty for any defects
(1) GITARREN STUDIO NEUSTADT shall be liable for defects that are present upon handover of the goods for a warranty period of six months. (2) The customer undertakes to inform GITARREN STUDIO NEUSTADT immediately in writing of any defects that may occur. If a defect exists for which GITARREN STUDIO NEUSTADT is responsible, GITARREN STUDIO NEUSTADT will remedy it at its own discretion either by repair or by replacement delivery.
(3) Excluded from the warranty are antiquarian articles as well as facsimiles and originals, as well as goods on commission.
8 Liability
(1) GITARREN STUDIO NEUSTADT is not liable for damages that do not affect the goods themselves, as well as for lost profits or other financial losses of the customer.
9 Data Protection
All customer data is treated confidentially. The storage and processing of this data takes place exclusively to the extent approved by the customer and in strict compliance with legal regulations, such as the Federal Data Protection Act or the Telemedia Act. Disclosure of this data to third parties who are not involved in the fulfillment of this contract is excluded.
10 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance and jurisdiction is Neuss.
(2) The invalidity of individual provisions does not affect the remaining validity of the contract and these General Terms and Conditions.