Vintage Guitar World: General Terms and Conditions

Contractual conditions within the framework of purchase contracts concluded via the Vintage Guitar World webshop

between

Vintage Guitar World, Owner: Heiko Liepold, Taunusstrasse 8a, 64720 Michelstadt, VAT identification no.: DE305001029 - hereinafter referred to as „Supplier“.

and

the customer designated in § 2 of the contract - hereinafter referred to as the „Customer“.

§ 1 Scope of application, definitions
(1) The business relationship between the webshop provider (hereinafter referred to as the „Provider“) and the customer (hereinafter referred to as the „Customer“) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract
(1) The customer can select used guitars from the supplier's range and collect them in a so-called shopping cart using the „add to cart“ button. By clicking the button „order with obligation to pay“, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the „Accept general terms and conditions“ checkbox and thereby included them in their application.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the „Print“ function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(3) The contract shall be concluded in German.

§ 3 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be five days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.

§ 5 Shipping costs
(1) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.

(2) The supplier bears the shipping risk if the customer is a consumer.

(3) In the event of revocation, the customer shall bear the direct costs of the return shipment.

§ 6 Payment modalities
(1) The customer can make payment by bank transfer, credit or debit card, CoinGate or PayPal.

(2) The customer can change the payment method saved in their user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(4) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

§ 7 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

(2) Warranty claims are subject to a limitation period of one year.

(3) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation policy
(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (...) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

(3) The provider shall provide the following information about the model withdrawal form in accordance with the statutory provisions:

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form
and send it back to us).

- Please send the name, address and, if applicable, fax number and e-mail address to [here
E-mail address of the entrepreneur to be inserted by the entrepreneur]:
- I/we (*) hereby revoke the contract concluded by me/us (*)
on the purchase of the following goods
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate

§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.