General Terms and Conditions of the Online Store
operated by Klavier-Festival Ruhr Sponsoring und Service GmbH, Alfred-Herrhausen-Haus, Brunnenstraße 8, D-45128 Essen, Germany, Tel. +49 201-89 66 80, Fax: 0201-89 66 870, E-Mail: email@example.com, represented through its Managing Director Franz Xaver Ohnesorg, registered in the Commercial Register of the Local District Court of Essen under No. HRB 22743 (hereafter: “Supplier”).
For you as a customer, these GTC also contain important information according to the terms laid out in Articles 246a § 1 and § 246c of the Introductory Act to the Civil Code of the Federal Republic of Germany (EGBGB). Such information is emphasized in bold type. You will find detailed descriptions of our products in the individual item descriptions on the website. You can consult your withdrawal rights on the webpage www.klavierfestival.de/widerruf as well as in these General Terms and Conditions.
1. Definitions, Scope of Application
- For the commercial relation established between the Supplier and the Customer ordering from this online store (www.klavierfestival.de/shop) bestellt (hereafter: „Customer“), the following General Terms and Conditions of Business (GTC) apply exclusively in their current version at the time when the Customer places an order. Any terms of business laid out by the Customer which diverge from the Supplier’s Terms and Conditions (GTC) shall not apply unless the Supplier explicitly agrees to their use.
- The Customer is a private consumer insamuch as the purpose of ordered products and services cannot be ascribed to his/her business, professional or freelance activity. Conversely, any natural or legal person or entity concluding a contractually binding agreement related to the practice of the person’s or entity’s professional activity is considered within the scope of these Terms and Conditions as a company.
2. Conclusion of contract
- The Customer can voluntarily select among the Supplier’s range of products, choosing the nature and quantity of goods by clicking on the “Quantity” button, subsequently on “Forward”, thereby collecting them in the Personal Shopping Cart. By clicking on the “Order” button, the Customer submits a binding request to purchase the selected goods listed in the Shopping Cart. The Customer can consult and modify the nature and quantity of selected goods at any step of the ordering process prior to validation. The order is only binding and can only be acknowledged and processed by the Supplier once the Customer has checked the box indicating acceptance of these Terms and Conditions (T&C), thus incorporating them into the contractual agreement.
- The Supplier then sends the Customer an automatic confirmation of order via e-mail containing all products and services ordered, which the Customer can print out. This automatic confirmation of order merely serves as proof that the Supplier has received the order, and does not represent a contractual acknowledgment of the order in the terms stated in § II.1 (see above). The contract is only concluded once the Supplier expressly accepts the order placed by the Customer. Such acceptance is expressed either by sending the Customer an individual written declaration of acknowledgment via e-mail, or by confirming the contract by sending the ordered goods. The Supplier can confirm the Customer’s order within 5 days after the order has been placed.
3. Reservation of Proprietary Rights
- The delivered goods remain the property of the Supplier until they are paid in full.
4. Prices and shipping costs
- All prices indicated on the Supplier’s website include VAT at the rate applicable on the day of purchase.
- All goods and items are dispatched without additional shipping costs to the delivery address indicated by the Customer.
- If the Customer chooses to make use of his right of withdrawal (see § 5), the Customer must pay all shipping costs to return the goods.
- Payment is made exclusively on invoice. Payment is due immediately after conclusion of the contract, without further deductions.
- Die Lieferfrist für bestellte Produkte beträgt 5 bis 10 Werktage, soweit nicht etwas anderes vereinbart wurde und beginnt mit Vertragsabschluss.
5. Legal information concerning withdrawal rights
- If the Customer is a private consumer, he has a legal right of withdrawal.
Right of withdrawal
You have a right to withdraw from the contract within fourteen days without having to specify reasons.
The withdrawal period corresponds to fourteen days starting with the day on which you, or a person named on your behalf other than the carrier, has received the goods.
In order to make use of your right of withdrawal, you must inform us of your decision to withdraw from the contract via an unequivocal statement which must be sent either via e-mail, telefax or postal letter to: Klavier-Festival Ruhr Sponsoring und Service GmbH, Alfred-Herrhausen-Haus, Brunnenstraße 8, 45128 Essen, Telefonnummer: 0201-89 66 80, Fax: 0201-89 66 870, E-Mail: info(a)klavierfestival.de. If you wish, you can make use of the cancellation form provided in these Terms and Conditions; the wording thereof, however, is neither exclusive nor binding.
Effects of withdrawal
If you withdraw from this contract, Klavier-Festival Ruhr Sponsoring und Service GmbH shall reimburse you with all payments we have received from you including shipment fees (excepting supplementary shipment fees resulting from your choice of a delivery mode other than the least expensive standard delivery mode we propose), without undue delay and in any event not exceeding 14 days after having received your written statement of withdrawal. We will carry out such reimbursement using the same mode of payment used by yourself for the initial transaction, unless you have expressly agreed otherwise; in any event, no additional fees will be charged for such reimbursement. We may withhold reimbursement until the goods have been returned to us or until you have supplied evidence of having sent them back, whichever occurs first.
In any case, you shall return the goods immediately, without undue delay and in any event not later than 14 days from the day on which you informed us of your withdrawal from the contract. The deadline is met if you send back the goods before the period of 14 days has expired. You must bear the direct cost of returning the goods. You are only liable for diminished value of goods if they have been handled in a fashion which was not necessary in order to establish their nature, characteristics and proper functioning.
Model withdrawal form
If you wish to withdraw from the sales contract, please fill out the model form and send it to:
Klavier-Festival Ruhr Sponsoring und Service GmbH
D 45128 Essen
6. Defect warranty and replacement guarantee
- The Supplier assumes liability for defects within the framework of the laws of the Federal Republic of Germany. The Supplier offers an additional guarantee for replacement of defective material as specified in § VII (see below).
- With respect to customers who are enterprises (see above, § I.2), the Supplier’s warranty for defective goods extends to 12 months, excepting those cases specified in § VII.2 and § VII.5.
- The Supplier assumes a warranty for supplied goods only if such a warranty is specifically mentioned either in the article description or in the Supplier’s confirmation of order. This does not affect the product guarantee assumed by the manufacturer.
- Any claims for compensation on the part of the Customer are excluded, with the exception of situations specified in the following sections: § VII.2, VII.3, VII. 4 and VII.5.
- The Customer is entitled to damage claims arising from injury of life, limb or health, or arising from the breach of cardinal duties (i. e. duties whose fulfillment depends on the realization of the sales contract, or whose fulfillment the Customer can expect as a matter of course), or from injuries caused by grossly negligent violation of duty on the part of the Supplier, his legal representatives or vicarious agents.
- In the case of violation of cardinal duties, the Supplier only assumes liability for foreseeable injuries typically associated with the sales contract and arising from slight negligence, unless the customer demands damage compensation for injury of life, limb or health.
- The validity of restrictions enumerated in § VII.1, VII.2 and VII.3 also applies to the Supplier’s legal representatives and vicarious agents if a Customer demands direct damage compensation from them.
- The aforementioned limitations of liability do not apply in cases where the Supplier has assumed a guarantee for a product. Provisions of German law remain likewise unaffected.
- All contracts between the Supplier and the Customer shall be governed by the substantive laws of the Federal Republic of Germany. The provisions stated in the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded.
- If the Customer is a registered trader, a public corporation or a special trust managing public assets, the exclusive place of jurisdiction for all legal disputes arising from contractual relations between the Supplier and the Customer shall be the legal domicile of the Supplier. The Supplier also reserves the right to bring an action against the Customer at the Customer’s place of jurisdiction.
- The contract shall remain binding even in the event of invalidity in law of individual items of its provisions.
9. Text and language version of the General Terms and Conditions
- At any point in the ordering process, the customer can consult, save and/or print out these General Terms and Conditions. After conclusion of the order, the Supplier can also send the complete text of the General Terms and Conditions to the customer via e-mail upon request.
- The contract is governed by the version of these General Terms and Conditions in German.