General Terms & Conditions

General Terms and Conditions Online Shop

Die Zupfgeige, owner: Matthias Adler, guitar specialist shop, Adlerstr. 39, 76133 Karlsruhe
Tel: 0721/3 03 03, Fax: 0721/377 569, e-mail: info@zupfgeige.com

§ 1 Scope
For all with the Zupfgeige, owner Matthias Adler in the context of the distance selling closed contracts over the assortment of the online shop, reachable under www.zupfgeige.com/shop are valid exclusively the present general trading conditions (AGB). Conditions deviating from our terms of sale are not valid, unless we have expressly agreed to them in writing.
 
§ 2 Conclusion of contract
The customer can order the products listed in the online shop directly online, by e-mail or telephone. With the order, the customer makes an offer, which can be accepted by the Zupfgeige. Only with the acceptance of the offer by Zupfgeige a contract is concluded.
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button "order" you make a binding purchase offer (§ 145 BGB), which will be transmitted to us.
(3) After receipt of the purchase offer you will receive an automatically generated e-mail (order confirmation) confirming that we have received your order. This order confirmation does not constitute acceptance of your purchase offer. A contract does not come about through the order confirmation yet.
(4) A purchase contract for the goods is only concluded when we expressly declare the acceptance of the purchase offer (by telephone order already in the context of the conversation) or if we send the goods to you on orders via the Internet without prior express acceptance.


§ 3 Prices and taxes
All prices in the online shop are in euros and include VAT (19%, for sheet music and books 7%). The prices are exclusive of the respective shipping costs and taxes and customs fees that may apply outside of Germany, which we have no control over. Sheet music is subject to the law of book price binding, that means we are obliged to comply with the price set by publishers and book importers. Special offers are valid while stocks last. The interim sale is reserved.


§ 4 Terms of payment
(1) The customer can pay in Germany and abroad alternatively as follows:
a) In advance (advance payment).
We will give you our bank details in the order confirmation and reserve the ordered items for you. If after 10 days no payment has been received, we will cancel the reservation. We ship the goods immediately after payment received.
b) By Paypal
You pay the invoice amount via the online provider Paypal. You must always be registered there or first register and legitimize with your access data and confirm the payment order to us. We will ship the googd immediately.
c) By prior arrangement by bank transfer / payment upon receipt of the goods.
When paying on account, the invoice amount is to be paid immediately after receipt / provision of the goods. Until full payment of the goods this remains our property.


§ 5 Return
You are responsible for the direct costs of returning the goods, except for goods returned due to warranty claims (eg defective goods or wrong delivery).
Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging. Please note that the mentioned modalities are not a prerequisite for the effective exercise of the right of withdrawal.


§ 6 Delivery; reservation of proprietary rights
 (1) Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) The shipping in Germany usually within 1-4 working days, unless another delivery time has been specified. Outside Germany, the delivery time is extended accordingly. We are entitled to partial deliveries, for the customer there are no additional costs.
(4) The delivery will be made to the delivery address specified by the customer.

§ 7 Transport damage
(1) If goods are delivered with obvious damage in transit, please complain such errors immediately to the deliverer and please contact us as soon as possible.
(2) The failure to file a complaint or contact has no consequences for your statutory warranty rights. However, they help us assert our own claims against the carrier or transport insurance.


§ 8 goods availability
We do our best to keep all items advertised by us in stock. If several items are ordered and some of them are not in stock, we inform the customer immediately. After consultation with the customer, we will then make a partial delivery. The subsequent delivery of the arrears is postage paid. In the case of unavailability, we inform the customer immediately and refund already paid purchase prices immediately. We reserve the right to withdraw from the purchase contract in the event of non-availability.


§ 9 Differing image / quality of the product
The appearance of the covers or the envelope of the notes and packaging may differ from the photo on our website. Even with guitars it can come with the same models to deviations in machine heads, wood color, grain and soundhole rosette. Please note that the photos are exemplary illustrations. This does not affect the content or quality of the products.


§ 10 Warranty and liability
For claims for defects, the statutory warranty period (§§ 433 ff. BGB) of 24 months after receipt of the goods, unless otherwise expressly agreed otherwise. The purchaser must check the consignment immediately upon receipt for completeness and integrity and to notify us of obvious defects within one week in writing or by e-mail. Damage to the package has to be claimed immediately by the customer. The defective delivery items must be returned in the condition in which they were at the time of the discovery of the defect.
If there is a defect in the object of sale, the customer may, at his discretion, demand the legal claims for rectification of deficiencies or delivery of a faultless product (supplementary performance). If the supplementary performance fails, the customer can reduce his choice or withdraw from the contract.
Liability for other damages incurred by the customer due to delay, impossibility for which we are responsible or breach of an obligation whose observance is of particular importance for the achievement of the purpose of the contract shall be limited to such damages as are attributable to the contractual use the goods are typical and predictable. Any further liability, in particular for damages which are not incurred on the goods themselves, for loss of profit or other financial losses of the customer, is excluded.
The above limitation of liability does not apply if the cause of damage is due to intent or gross negligence or if there is a violation of life, body or health.


§ 11 Applicable Law and Final Provisions
(1) Should individual or several provisions of these Terms and Conditions be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. "
(2) Exclusively German law is applicable to contracts between us and you excluding the provisions of the UN Sales Convention (CISG).
(3) In the event that the customer is a merchant, legal entity of public law or public special fund, the place of jurisdiction and place of performance is Karlsruhe/ Germany.

Die Zupfgeige
Guitar Shop
Adlerstr. 39
D-76133 Karlsruhe
Tel: +49 721/3 03 03
Fax:  +49 721/377 569
www.zupfgeige.com
E-mail: info@zupfgeige.com

Opening hours shop / reachable by phone:
Mon, Tue, Thu, Fri: 10.00 - 12.30 / 14.30 - 18.30
Sat: 10:00- 14:00, closed on Wednesday

June 2018