Section 1 - General provisions
1. All business relations transacted between PREISSLER MUSIC and Customer shall be governed by the following GTCs in their latest amended version. Any divergent conditions or GTCs of Customer shall have no validity unless otherwise agreed in writing.
2. All offers, irrespective of whether they have been made by telephone, fax, Internet, e-mail or otherwise, shall not be deemed binding for PREISSLER MUSIC until they have been confirmed as an order in writing and/or until the goods have been delivered and/or an invoice issued.
3. PREISSLER MUSIC reserves the right not to effect the promised performance if it becomes evident after conclusion of the present agreement that the goods are not available, even though a pertinent covering transaction may have been concluded. Customer shall be notified without delay in such a case. Any counterperformance already made by Customer shall be reimbursed without delay. Any further claims of Customer vis-à-vis against PREISSLER MUSIC shall be excluded.
Section 2 - Delivery
1. Delivery shall be effected at Customer's risk. The risk shall pass to Customer as soon as PREISSLER MUSIC has handed the goods over to a carrier. This shall also apply to partial deliveries. Delivery shall be effected to the delivery address specified by Customer. If Buyer is a consumer as defined in Section 13 of the German Civil Code, risk of accidental perishing and of accidental deterioration of the sold goods shall not pass to Customer until handover of the goods. This shall also apply to sale by delivery to a place other than the place of performance. The goods shall be deemed handed over even though Buyer may be in delay or default of acceptance.
2. All prices shall be cash prices incl. statutory value-added tax plus any packaging and shipping costs due.
3. The goods shall be inspected for transport damages immediately after receipt by Customer or his representative. Any ascertainable transport damages must be notified in writing without delay. Customer must obtain carrier's written confirmation of any damage to packaging at the time of acceptance of the goods.
4. Any statements made about delivery dates are non-binding unless a specific delivery date was agreed in writing.
5. Claims for damages vis-à-vis PREISSLER MUSIC for non-fullfillment or delay or default of performance shall be excluded in so far as neither intent nor gross negligence are involved.
Section 3 - Warranties and claims for damages
1. Defects or damages attributable to culpable or improper treatment, improper installation, use of unsuitable accessories or changes of original parts by Customer or by any third party not commissioned by PREISSLER MUSIC shall be excluded from warranty.
2. Natural wear and tear shall also be excluded from warranty.
3. If Customer accepts the goods or the object of the order in spite of awareness of a defect, he shall have warranty claims as described hereinafter only if he has explicitly reserved the possibility of their assertion in writing and without delay after receipt of the goods.
4. Customer shall have warranty claims for transport damages only if he has complied with his inspection and notification obligations pursuant to Section 2 no. 3. This shall not apply if Customer is a consumer as defined in Section 13 of the German Civil Code.
5. Manufacturer's warranty period for new instruments is 24 months. The warranty period shall commence at the time of passage of risks. The warranty period for used instruments shall be one year. If Customer is an entrepreneur as defined in Section 14 of the German Civil Code, the warranty period for new instruments shall be one year and for used instruments six months from passage of risk.
6. In other respects, warranty shall be governed by statutory provisions.
7. There shall be no liability for damages. This shall not affect the provisions of the Product Liability Act. If an essential contractual obligation is violated for reason of negligence, PREISSLER MUSIC's liability shall be restricted to predictable damage.
Section 4 - Date and terms of payment
1. PREISSLER MUSIC's invoices shall – unless otherwise agreed in writing – be due for payment immediately and without deduction.
2. If Customer defaults on payment of the purchase price, interest for the amount of the purchase price shall be charged for the duration of the delay or default at a rate five per cent above applicable base interest rate. In the event that PREISSLER MUSIC can provide evidence of greater damages suffered as a result of the default, PREISSLER MUSIC shall be entitled to assert claims to this effect.
Section 5 - Reservation of title
1. Until full payment of all claims vis-à-vis Customer, including all ancillary claims, the goods delivered shall remain the property of PREISSLER MUSIC. In the case of agreements with consumers as defined in Section 13 of the German Civil Code, PREISSLER MUSIC reserves title until full payment of the purchase price.
2. Customer is not entitled to sell the goods to third parties or to take any other measures likely to jeopardize the property of PREISSLER MUSIC until the purchase price has been paid in full. Customer hereby and now assigns to PREISSLER MUSIC any future claims he may have against the buyer in the amount of the purchase price concluded between PREISSLER MUSIC and Customer, including interest and ancillary payments. PREISSLER MUSIC accepts the assignment.
Section 6 - Return / disposal of used instruments
1. According to the EU Directive on Waste Electrical and Electronic Equipment recycling (WEEE), all electrical and electronic equipment powered through a cable or by battery must be collected separately for recycling. Private households are able to return their used equipment to municipal recycling centres free of charge. For the address and opening hours of your nearest municipal recycling centre please consult your local council.
2. The WEEE Directive applies to all electrical and electronic equipment, including the electric vibraphones, xylosynths and related electrically powered accessories which we sell. All equipment covered by the Directive is marked by a symbol representing a wheelie-bin with a line through it, and that symbol can of course also be found on our vibraphones and xylosynths. The symbol indicates that the equipment in question must not be thrown away as normal domestic waste.
3. PREISSLER MUSIC will of course take back used instruments purchased from us and send them for appropriate, environmentally friendly disposal in accordance with the legal requirements.
Section 7 - Place of fulfillment and jurisdiction
1. German law shall apply exclusively.
2. Place of performance for all services arising from any business relationship with PREISSLER MUSIC shall be Berlin.
3. Exclusive venue shall be Berlin. This shall also apply for legal action taken by PREISSLER MUSIC against Customer, in so far as Customer is a merchant, a legal person under public law or a separate estate under public law.
Section 8 - Alternative dispute resolution
PREISSLER MUSIC is neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.
Section 9 - EU dispute resolution
The EU Commission provides a platform for online out-of-court dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. PREISSLER MUSIC is neither willing nor obliged to participate in dispute resolution proceedings.
Section 10 - Final provision
Should any of the above provisions – for whatever reason – not be applicable, this shall not affect the validity of the remaining provisions.
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