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Terms and Conditions

General Terms and Conditions of Business

1. Scope of application

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These GTC shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract

The purchase contract is concluded with Gregor Walbeck E-Pianos.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.

3. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English. We store the text of the contract and send you the order data and our General Terms and Conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions

Shipping costs are added to the stated product prices. You will find more details about the shipping costs in the offers.
In principle, you have the possibility of collection within the following business hours: Wednesdays and Fridays from 10:00 a.m. to 5:00 p.m., except on public holidays, at:

Gregor Walbeck E-Pianos
Friedrich-Engels-Allee 161A
42285 Wuppertal
Germany

5. Payment

In our shop, the following payment methods are generally available to you:

Prepayment

If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal Plus

Within the framework of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the PayPal payment method, you must be registered there or register first and legitimise yourself with your access data in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

Direct debit via PayPal

If you have chosen the credit card payment method, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder and your card will be charged. You will receive further instructions during the ordering process.

Direct debit via PayPal

If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (so-called pre notification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

Cash payment upon collection

You pay the invoice amount in cash upon collection.

6. Right of withdrawal

You are entitled to the statutory right of cancellation as described in the cancellation policy.

7. Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

8. Transport damages

The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such faults to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases:

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty, as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, insofar as agreed
  • insofar as the scope of application of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

10. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, insofar as agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

11. Code of conduct

We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria

12. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.

13. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

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