General terms and conditions

General terms and conditions German Vintage Guitar

The following terms are the general terms and conditions of delivery and payment of the online-shop „www.german-vintage-guitar.com“ (also „www.german-vintage-guitar.de“).

1. Definition
1. „GVG“ shall be the  online-Shop German Vintage Guitar.
2. „Customer“ shall be the person, accepting an offer from GVG, or making an offer for the procurement of a delivery contract, which GVG accepts.
3. „Product“ shall be the item to be delivered on the basis of an agreement concluded between GVG and customer.

2. Scope
1. The following business terms shall apply towards private persons, legal persons and business companies.
2. The following business terms shall apply exclusively. GVG shall not accept contradictory or divergent terms, unless he has expressly agreed in writing to their application. GVG dissents expressly to those right now.
3. The following terms shall also apply if GVG carries out the delivery to the customer without reservations in the knowledge of terms of the customer that are contradictory or deviate from its terms.

3. Offers, offer documents, order confirmation
1. Offering products on this website or in other possible media does not mean a binding offer. When the customer orders a product by web, phone, mail or email, he places a binding offer. It is GVG’s only and free decision to accept it. GVG can refuse any offer without telling the customer a reason. The acceptance of the offer shall take effect if GVG despatches a written confirmation or delivers the product. If the customer does not receive neither confirmation nor product within two weeks, he can step back from his order.
2. Acceptance of an order shall take effect if GVG despatched the order and it does not include any supplements, restrictions or other changes compared with the order.
3. GVG shall retain title and copyright to illustrations, drawings, calculations and any other documents. Transfer to third parties shall require expressly written approval by GVG.

4. Prices, terms of payment
1. All prices of GVG include legally valid VAT at the time of invoicing. All ancillary costs, e.g. costs for freight, insurance, export, transit, import and other approvals and certifications shall be at the expense of the customer. The Customer must also bear all kinds of taxes, charges, duties, customs duties and banking fees (e.g. PayPal).
2. Unless otherwise expressly agreed, offers and invoices shall be in the currency of GVG (Euro).
3. Unless otherwise agreed, invoices shall be due upon invoice receipt. If an invoice has not been payed up by the customer within 14 days after receiving the invoice receipt and if an appropriate time-limit elapsed too, GVG is authorized to cancel the contract. Taking a cash discount is strictly refused.
4. The day on which GVG or third parties with a claim against GVG can finally dispose of the amount shall be regarded as the day of receipt of payment in the case of all means of payment.
5. The customer shall be obliged in accordance with the agreement to pay the purchase price and accept the product/s. If the customer fails to meet one of its obligations according to this agreement or the law, GVG may retain all of its deliveries or performance without prejudice to its additional legal claims. The retaining lien shall expire, once the customer has fulfilled all his obligations concerning this contract.
6. If it becomes clear after conclusion of the agreement that the payment claim of GVG is endangered by lack of capacity of the customer, GVG may refuse performance and determine an appropriate period for the customer within which the customer must pay cash on delivery or provide security to the amount of the outstanding claim. If the customer refuses cash on delivery payment or fails to provide any corresponding security, GVG shall be entitled after expiry of an appropriate period to rescind the agreement and demand damages.

5. Reservation of title and proprietary rights
1. GVG shall reserve title to the delivery products until receipt of all payments from the business association with the customer.
2. Assertion of the reservation of title and attachment of the delivery items by GVG shall not be regarded as rescission of the agreement unless this is expressly stated by GVG in writing.

6. Scope of delivery, delivery times, delivery quantity
1. Observance of the agreed delivery and performance dates shall presume that all technical questions have been clarified and payments or other obligations of the customer are available or have been met in good time. If this is not the case, the period shall be extended appropriately.
2. Unless otherwise agreed, notification of readiness for despatch or collection by GVG shall be decisive for observance of the delivery date.
3. Delivery shall be effected through mail-order establishments, e.g. DHL, UPS, DPD or other shipping companies. The choice of the deliverer shall only be made by GVG. The customer has no right to be delivered by the cheapest or any shipper of its own choice.
4. Products, being ready for delivery, shall be forwarded to the shipping company within five working days. If possible, tracking information about shipping shall be forwarded to the customer.
5. The delivery period shall be extended by the duration of the hindrance if the customer infringes the agreement and in the event of force majeure, strike, non-culpable incapacity and inclement weather conditions.

7. Shipping, transfer of perils
1. Unless otherwise agreed, the risk upon transfer of the goods shall pass to the first transport person, i.e. the shipping company, authorized by GVG.
2. GVG ensures carefully packing, seaworthy if necessary. The risk of damage, occuring at the dispatch route shall be overtaken by the customer.
3. Providing evidence of a defective condition of the packaging shall be duty of the customer.

8. Right of rescission
1. The customer shall be entitled to rescind the agreement within a period of two calendar weeks.
2. The revocation period begins at the day, the product has been delivered to the named delivery address of the customer. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period.
3. Revocation shall be in writing or reshipment of the product. It shall not include any reasons. Despatching on time shall comply with the term. In case of on time rescission the customer shall no longer be bound to the contract. The product shall be returned to GVG as soon as possible after revocation.
4. Despite German § 346 Absatz 2 Satz 1 Nr. 3 BGB, the customer shall accept compensation for lost value, e.g. through using the product, trying to optimise it or trying to repair alleged faults.
5. Reconsignment shall possibly be done by using undamaged original package including complete product and accessory. To avoid compensation for lost value, the customer is responsible for a complete reconsignment. Also he is responsible for the burden of proof. This shall not limit the customers right of rescission.
6. The right of rescission does not include products, being customized as commanded by the customer or being produced especially for the customer.
7. In case of a service (e.g. repair, modification) the right of rescission shall expire also, if GVG started to execute before the end of the revocation period, following the expressly allowance of the customer.
6. Rescission shall be addressed to: German Vintage Guitar, Strassburger Str. 26, 64832 Babenhausen, Germany.
7. Deliveries generally shall be sent prepaid to GVG. Unstamped parcels shall be refused and sent back generally.

9. Right of GVG to rescission
1. The Supplier shall be entitled to rescind the agreement as a whole or in part, unless partial rescission would be unreasonable for the customer in the event of an unforeseeable incident for which GVG is not responsible, which considerably changes the economic importance or content of the performance or has a considerable effect on the operations of GVG and in the event of impossibility that emerges in retrospect and for which GVG is not responsible. This provision shall not affect additional legal rights of rescission.
2. The Customer shall have no claims to damages on account of such rescission. If GVG wishes to make use of the right of rescission, it must inform the customer of this, even if initially an extension of the delivery period had been agreed.

10. Alternative dispute resolution
Concerning general willingness of participation in a process to arbitrate differences, following the German Verbraucherstreitbeilegungsgesetz (VSBG), GVG will decide individually after an individual case assessment.

11. Place of performance, partial nullity
1. Unless otherwise explicitly agreed, the registered business premises of GVG shall be the place of performance.
2. Should a provision of these terms or part of a provision be or become invalid, the remaining provisions or the remaining part of the provision shall remain valid.

12. International contractual partners
If the customer has its domicile abroad, the following shall apply in supplement and if applicable in derogation of the above:
1. German law shall apply exclusively.
2. In the event of contradictory contractual offers and acceptance declarations, the delivery shall be regarded as a new offer according to the terms of the last declaration of GVG.
3. The customer shall lose the right to invoke the non-conformity of the goods with the agreement if it does not notify GVG at the latest within 12 months of the goods actually being delivered.
5. If the provisions of section 11. contradict the remaining general terms and conditions of payment, the provision of section 11. shall take precedence.
6. The contractual language shall be German. If the contractual partners use another language in addition, the German wording shall take precedence.

Status: September 1st, 2016

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