General terms and conditions GuitarPoint.de
§ 1 Scope of application
These General Terms and Conditions (GTC) conclusively regulate the contractual relationship between the Seller, GuitarPoint GmbH, Jahnstraße 5, 63477 Maintal, and the respective Buyer.. A contractual relationship is any contract concluded via the online store of the Seller, on the foundation of which the Seller is obliged to deliver goods and services to the Buyer. By placing his order, the Buyer expressly confirms that he has taken note of and accepts the Seller’s general terms and conditions.
Buyers can be consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to his commercial or self-employed professional activity (§ 13 BGB) (German Civil Code). Entrepreneur is a natural or legal person or a partnership with legal capacity which exercises its commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
Unless otherwise agreed, the Buyer’s own conditions are hereby contradicted
§ 2 Subject matter of the contract
Subject of the respective contract is the sale of goods by the Seller to the Buyer on the “GuitarPoint.de”Internet portal, especially the sale of used (vintage) guitars in the premium segment.
Special wishes and specifications on the part of the Buyer regarding the production of the goods according to the Customer’s specifications are excluded.
§ 3 Conclusion of contract, contract language, contract text
The Buyer can initiate ordering goods in the Seller’s online store by registering and creating a customer account. Subsequently, by entering his personal data, he can order goods in the Seller’s online store by collecting goods in the virtual shopping basket in a first step, before proceeding through and completing the automated ordering process in the Seller’s online store. Alternatively, an order can also be placed without registration, as a guest.
Upon completion of the Buyer’s order, the Seller shall send an automated order receipt confirmation to the Buyer’s e-mail address in which the Buyer’s order is once again listed. The order confirmation does not represent an acceptance of the Buyer’s application for the conclusion of a purchase contract; a purchase contract is therefore not concluded upon order confirmation. Furthermore, the order confirmation does not constitute a confirmation of the availability of the ordered goods.
A sales contract is only concluded when the Seller sends a confirmation of dispatch to the Buyer by e-mail.
German is available as the language for the conclusion of the contract. The contract text is not stored by the Seller and can no longer be retrieved after completion of the order process. However, the Buyer can save or print out the order data immediately before shipment by using the functions of his browser and, after the order, he receives an e-mail in which his order is listed once again.
§ 4 Technical steps for conclusion of contract, recognition and correction of input errors
In detail, provided he is logged in for his order in the online store of the Seller via his customer account, the Buyer goes through the following technical steps:
• Shopping Cart, Checkout, Create Customer Account or Login, Select Shipping Method, Select Payment Method, Confirm, Place Order
When placing an order as a guest, the user goes through the following technical steps
• Shopping Cart, Checkout, Enter Shipping Address, Select Shipping Method, Select Payment Method, Confirm, Order
The Buyer can correct his order details using the usual mouse and keyboard functions and the “change” links provided on the order overview page. The Buyer can also correct his order details by navigating back to the individual order steps using the “back” button on his Internet browser or by clicking on the order steps displayed in the upper section of the online store.
§ 5 Contract processing, shipping costs, delivery
All quoted prices are gross prices in euro, plus any packaging and shipping costs. For international shipping there may be additional charges like customs/duty fees or import taxes. The addtional costs depend on the destination country and need to be fully paid by the Buyer.
Buyers from the USA: Please note that US-Government charges approximately 7% duty fee of the total order value which need to be paid to UPS in advance before they deliver the goods. This duty fee needs to be paid by the Buyer.
The shipping costs incurred by the Buyer from the Seller’s place of business can be found in the Seller’s shipping costs table, which can be accessed in the online store via a link, and in the price list in the virtual shopping basket.
The Seller undertakes to send the goods to the Buyer immediately after conclusion of the purchase contract and complete payment of the purchase price.
To the extent that the Buyer is not a consumer, the delivery is always at the risk and expense of the Buyer. At the Buyer’s request and expense, the Seller is entitled, but not obliged, to insure the goods.
The delivery time is up to 2 working days for shipments within Germany. The Seller points out deviating delivery times (e.g. in the case of shipment abroad) in the online store at https://shop.guitarpoint.de/de/Liefer-und-Versandkosten .
Should an ordered item not be available because the Seller is not supplied by his supplier without his fault and despite his contractual obligation, he is entitled to withdraw from the contract. In this case, the Seller will immediately inform the Buyer that the ordered goods are no longer available, and he shall immediately reimburse any payments already made.
§ 6 Right of revocation
If the Buyer is a consumer, he has the right to revoke the purchase contract concluded with the Seller in the online store for the ordered goods. Information on the right of withdrawal, on the legal consequences of the withdrawal and on the provided template withdrawal form can be found on the Seller’s website.
§ 7 Liability
The Seller shall be liable without limitation for intentionally caused damage or for damage caused by gross negligence, for fraudulent concealment of defects, for assumption of a guarantee of quality, for claims based on the Product Liability Act and for injury to life, limb or health..
The Seller shall not be liable for other damages if these were caused by the Seller, a legal representative or vicarious agent through simple negligence. For the violation of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Buyer may regularly rely (cardinal obligations), the Seller is liable for damages that are limited to the replacement of the contract-typical, foreseeable damage, provided this was caused by simple negligence.
The above exclusions and limitations of liability shall not affect the statutory provisions that subject the Seller to liability without fault due to certain acts or omissions.
§ 8 Warranty
As a general principle, the Seller is liable for defects in the goods in accordance with the statutory provisions of the law on sales (§§ 434 et seq. BGB), unless otherwise specified in the following provisions.
In the case of the sale of used goods, the Seller is liable for a shorter period of use of one year from the date of delivery of the goods to the Buyer. For the assertion of warranty claims, this does not affect the statutory limitation period of two years, which also begins as of the date of delivery of the goods to the Buyer. This means that the Buyer must notify the Seller of defects in the purchased item within the liability period of one year. After notification within the period of one year, the Buyer can still assert his warranty claims up to the expiry of the statutory limitation period of two years.
If the Buyer is not a consumer, the Seller has the right to choose between remedying the defect or subsequent delivery of a defect-free item in accordance with § 439 Par. 1 BGB.
The Buyer will examine the ordered goods immediately after delivery if it is a mutual commercial transaction within the meaning of the German Commercial Code (Handelsgesetzbuch). This applies, in particular, with regard to the completeness of the goods as well as regarding the respective functionality. The Seller must be notified immediately of any defects that are discovered in the process or can be detected without further ado. A detailed description of the defect must be enclosed. If the Buyer fails to notify the Seller, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection.
Defects in the goods that cannot be detected within the scope of the proper inspection in accordance with the above paragraph must be reported to the Seller immediately after their discovery, insofar as this is a mutual commercial transaction; otherwise the goods shall also be deemed to have been approved with regard to this defect.
An additional guarantee exists for the goods delivered by the Seller only if this was expressly provided for in the order confirmation for the respective item.
§ 9 Terms of payment, default and retention of title
The purchase price is due immediately after the conclusion of the purchase contract. The payment takes place in accordance with the choice of the Buyer regarding the payment varieties provided for in the the Selller’s online store: Prepayment, cash on delivery, Paypal, credit card (Mastercard, Visa), cash on collection
If the Buyer is not a consumer, he shall be in default if he has not paid within 30 days of the due date. Consumers are also in default within 30 days of the due date if they are informed of this consequence in the invoice or payment request. If the Buyer is in default of payment, interest shall be charged on the purchase price during the default period at a rate of 5% points above the base interest rate. The Seller reserves the right to prove a higher damage caused by default and to assert it against the Buyer.
The delivered goods remain the property of the Seller until full payment has been made
In commercial business transactions, ownership of the purchased goods shall only pass from the Seller to the Buyer once the Buyer has settled all claims arising from the business relationship with the Seller (extended retention of title).
If the Seller’s retention of title to goods acquired in the course of commercial business expires due to resale, combination or processing of the purchased goods by the Buyer, the new item or the claim arising from one of the aforementioned actions shall replace the purchased goods (extended retention of title).
§ 10 Data privacy
The Buyer is informed that his personal data necessary for the order and order processing will be stored and processed by the Seller on data carriers. A transmission to the payment service provider Paypal also takes place exclusively for the aforementioned purpose of order and order processing. A transmission of the data to third parties for other purposes (e.g. advertising purposes) expressly does not take place.
Further details, including the rights of the parties concerned, can be found in the data privacy statement of the Seller.
§ 11 Final provisions
These General Terms and Conditions of Business and the purchase contract concluded in each case shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event that the Buyer is a consumer, this shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
If the Buyer is a fully qualified merchant, a legal entity under public law or a public special fund, Bamberg shall be the agreed place of jurisdiction for all disputes arising from or in connection with the present contract.
Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
§ 12 Information on the Portal of the EU Commission for Online Dispute Resolution, Alternative Dispute Resolution
The EU Commission provides an online portal for dispute resolution (“OS platform”) which can be accessed via the link //ec.europa.eu/consumers/odr. If the Buyer is a consumer resident in the European Union, it is possible to use this platform to settle disputes about contractual obligations from online purchase contracts out of court.
Supplementary General Terms and Conditions for ‘easyCredit-Ratenkauf’
The following supplementary General Terms and Conditions apply between you and the
merchant for all contracts with the merchant where the ‘easyCredit-Ratenkauf’ installment
purchase solution (‘Ratenkauf’) is used.
In the event of conflict, the supplementary Terms and Conditions take precedence over the
merchant’s general terms and conditions.
Ratenkauf is available only to customers who are consumers as defined in section 13 of the
German Civil Code (BGB) and are over the age of 18.
With the support of TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg,
Germany (‘TeamBank AG’), the merchant can offer you Ratenkauf as an additional payment
option for your purchase.
The merchant reserves the right to check your credit status. For more details, please see the
Ratenkauf data protection notice when you place your order. If Ratenkauf cannot be offered
because of your credit status or because the merchant’s revenue limit has been reached, the
merchant reserves the right to offer you an alternative payment option.
The Ratenkauf contract is formed between you and the merchant. There is no cash payment
with Ratenkauf; you choose to pay off the purchase price in monthly installments. Payments
are made every month for an agreed term, whereby the final installment may be different to
the previous installments. Ownership of the goods is not transferred until the purchase price
has been paid in full.
The receivables arising through the use of Ratenkauf are assigned by the merchant to
TeamBank AG under a rolling factoring contract. Only payments made to TeamBank AG have
the effect of discharging the debt.
The merchant is not subject to any supervision by a regulatory authority other than the general
supervisory authority for businesses (Gewerbeaufsicht). Complaints can be sent to the
merchant by letter or email.
3. Payment of Installments by SEPA Direct Debit
Through the SEPA direct debit mandate issued with Ratenkauf, you are authorizing TeamBank
AG to collect the payments due as a result of the installment purchase from the current account
you specified during the order process at the named bank by means of a SEPA direct debit.
Payments will be collected no sooner than on the date specified on the pre-notification.
Payments may also be collected shortly after that date.
If the purchase price is reduced between the pre-notification and the due date (e.g. due to
amounts being credited), the debited amount may differ from that stated in the pre-notification.
You must ensure that your current account contains sufficient funds at the time the payment
is due. Your bank is not required to honor the direct debit request if your account does not
contain sufficient funds.
If the direct debit is returned due to insufficient funds in the current account or an unjustified
rejection by the account holder, or because the current account has been closed, you will be
in default (without separate demand notice), unless the direct debit is returned due to
circumstances beyond your control.
Costs charged to TeamBank AG by your bank for a direct debit returned for reasons for which
you are responsible may be claimed from you by TeamBank AG as damages and must be
reimbursed by you. You are entitled to show that TeamBank AG suffered a smaller loss or no
loss at all.
If you are in default, TeamBank AG is entitled to charge a reasonable fee for each demand
notice or default interest in the amount of five percentage points above the prevailing base rate
of the European Central Bank.
Because of the high costs associated with a returned direct debit, we would ask you not to
reject the SEPA direct debit if you cancel the contract, return the goods or make a complaint.
In these cases, the payment is reversed in agreement with the merchant by means of a reverse
transfer of the relevant amount or in the form of a credit note.