Vintage Guitar World: General Terms and Conditions
Contract terms within the framework of purchase agreements 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 the “Provider” –
and
the customers referred to in §2 of the contract – hereinafter referred to as the “Customer.”
§1 Scope, Definitions
(1) These General Terms and Conditions apply exclusively to the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”) in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.
(2) The Customer is considered a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legally responsible partnership that acts in the exercise of its commercial or independent professional activity when concluding the contract.
§2 Contract Conclusion
(1) The Customer can select used guitars from the Provider’s range and collect them in a virtual shopping cart via the “Add to Cart” button. By clicking the “Place Order” button, the Customer submits a binding purchase request for the items in the shopping cart. Before submitting the order, the Customer can review and modify their data at any time. However, the request can only be submitted and transmitted if the Customer has accepted these contract terms by clicking the checkbox “Accept General Terms and Conditions” and thus included them in their request.
(2) The Provider then sends the Customer an automatic confirmation of receipt by email, listing the Customer’s order, which can be printed via 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 an acceptance of the request. The contract is only concluded by the Provider’s declaration of acceptance, which is sent in a separate email (order confirmation). This email or a separate email, at the latest upon delivery of the goods, will contain the contract text (consisting of the order, General Terms and Conditions, and order confirmation) on a durable medium (email or printed document). The contract text is stored while ensuring data protection.
(3) The contract is concluded in the German language.
§3 Delivery, Product Availability
(1) The stated delivery times are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). Unless otherwise specified for the respective goods in our online shop, the delivery time is five days.
(2) If the ordered product is unavailable at the time of the Customer’s order, the Provider will inform the Customer immediately in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the ordered product is temporarily unavailable, the Provider will also notify the Customer immediately in the order confirmation.
§4 Retention of Title
Until full payment has been made, the delivered goods remain the property of the Provider.
§5 Shipping Costs
(1) The applicable shipping costs are stated in the order form and must be borne by the Customer unless they exercise their right of withdrawal.
(2) The Provider bears the shipping risk if the Customer is a consumer.
(3) In the event of withdrawal, the Customer must bear the direct costs of returning the goods.
§6 Payment Methods
(1) The Customer can pay by bank transfer, credit or debit card, CoinGate, or PayPal.
(2) The Customer can change the stored payment method in their user account at any time.
(3) The purchase price is due immediately upon contract conclusion. If the due date is determined by the calendar, the Customer will be in default by missing the deadline. In this case, the Customer must pay interest on the arrears at a rate of 5 percentage points above the base interest rate per year.
(4) The Customer’s obligation to pay default interest does not preclude the assertion of further damages due to default by the Provider.
§7 Warranty for Defects, Guarantee
(1) The Provider is liable for material defects according to the applicable statutory provisions, particularly §§ 434 ff. BGB (German Civil Code). For entrepreneurs, the warranty period for items supplied by the Provider is 12 months.
(2) Warranty claims expire after one year.
(3) An additional guarantee for the goods delivered by the Provider only exists if it is expressly stated in the order confirmation for the respective article.
§8 Liability
(1) The Customer’s claims for damages are excluded. This does not apply to claims for damages by the Customer arising from injury to life, body, 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 agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the contract’s purpose.
(2) In the event of a breach of essential contractual obligations, the Provider is only liable for foreseeable, contract-typical damages if they were caused by simple negligence, unless the damages claims result from injury to life, body, or health.
(3) The limitations of paragraphs 1 and 2 also apply to the benefit of the Provider’s legal representatives and agents if claims are asserted directly against them.
(4) The limitations of paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies if the Provider and the Customer have reached an agreement on the condition of the item. The provisions of the Product Liability Act remain unaffected.
§9 Right of Withdrawal
(1) Consumers have a statutory right of withdrawal when concluding a distance selling contract, which the Provider informs about in accordance with the legal model. Exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
Withdrawal 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 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 (…) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the withdrawal right before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the most cost-effective standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive notification of your withdrawal.
For this reimbursement, we will use the same payment method you used for the original transaction unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this reimbursement.
We may withhold the refund until we have received the returned goods or you have provided proof that you have returned them, whichever is earlier.
You must return or hand over the goods without delay and no later than fourteen days from the day you notify us of your withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct cost of returning the goods.
You are only required to compensate for any loss of value of the goods if this loss of value is due to handling that was not necessary to check the quality, characteristics, and functionality of the goods.
(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 was removed after delivery.
(3) The provider informs about the model withdrawal form as required by law as follows:
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
— To [insert the name, address, and, if applicable, fax number and email address of the business]:
— I/we () hereby withdraw from the contract concluded by me/us () regarding the purchase of the following goods:
— Ordered on () / received on ()
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only for notification on paper)
— Date
(*) Delete where inapplicable
§ 10 Final Provisions
(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions regarding restrictions on the choice of law and the applicability of mandatory regulations, particularly of the state in which the customer, as a consumer, has their 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) Even if individual provisions of this contract are legally invalid, the remaining parts of the contract remain binding. In place of the invalid provisions, the relevant statutory regulations shall apply where available. However, if the enforcement of the contract would result in unreasonable hardship for either party, the contract as a whole shall be deemed invalid.