Terms and Conditions

General terms and conditions

General terms and conditions (GTC)

 

Information for consumers in distance contracts and customer information for contracts in electronic commerce

 

§ 1 Scope

The following general terms and conditions apply for the business relations to the customer for orders via the internet shop.

The general terms and conditions are valid in the current version at the time when placing the order.

§ 2 Conclusion of contract

The presentation of our products on our website only contains a request to the customer to submit a contract offer.

By sending his/her order, the customer submits an offer according to sec.145 German Civil Code (§ 145 BGB).

The customer receives a confirmation by e-mail about the receipt of the order. The contract with us comes into force, if and when we accept the offer of the customer within 2 working days after sending the order, written or in text form. 

In this respect, the time at which the customer receives the declaration of acceptance is decisive. Working day is any calendar day which is not a Sunday or public holiday nationwide applicable.

§ 3 Delivery, shipping costs, transfer of risk 

The delivery is made according to the shipping costs shown in the individual invoice. As far as the customer is a consumer, we will take the shipping risk in any case, independent of the shipping method.

As far as the customer is an entrepreneur,all risks and perils of shipping will be transferred to the customer, as soon as the goods have been handed over from us to the responsible logistics partner.

§ 4 Reservation of proprietry rights

The delivered goods remain our property until the full payment of the purchase price.

§ 5 Payments

There are only accepted those payment methods that are shown the customer within the ordering process.

§ 6 Warranties

a) Regulations for the sale of new goods

The legal rights of warranty for defects apply to the sale of new goods. b) Regulations for the sale of used goods

Regardless of the following regulations for the reduction of the period of warranty for defects for used goods, the limitation of claims for damages remains 

unaffected to injury of life, limb or health, that (i.e. the claims for damages) are based on an intentional or negligent breach of duty on our part, 

or on an intentional or negligent breach of duty by our legal representative or agent. Furthermore, regardless of the following regulations for the reduction 

of the period of warranty for defects for used goods, the limitation of claims for damages remains unaffected to other damages that are based on an intentional 

or grossly negligent breach of duty on our part, or on an intentional or grossly negligent breach of duty by our legal representative or agent.

Also a possible liability according to the German Product Liability Act remains unaffected.

In addition, a warranty for defects of one year for used goods shall apply, if the customer is a consumer. 

The warranty for defects for used goods will be excluded, incidentally, if the customer is an entrepreneur.

In addition, the legal rights of warranty for defects apply.

§ 7 Information for consumers in distance contracts, and customer information for contracts in electronic commerce

a) We are not subject to special and not abovementioned codes of conduct.

b) When placing your order, you can see possible input errors during the final confirmation before sending your contractual statement and can correct them by means of the delete and changing function at any time before sending the order.

c) For the essential features of the goods we offer, and for the validity of temporary offers, please see the individual product descriptions within our internet offer.

d) The available language for the conclusion of the contract is German.

e) Complaints and claims of warranty for defects can be asserted by you under the address given in the provider identification.

f) The text of the contract will not be stored by us and is, therefore, not available through us for you as the customer after the conclusion of the contract.

g) For information regarding the payment, delivery, or performance, please refer to the offer.

§ 8 Miscellaneous

The contractual relationship between us and the customer, and the relevant terms and conditions shall be subject to the law of the Federal Republic of Germany.

If the customer is a consumer, the existing prevailing legal regulations and laws - from which must not be derogated by agreement, according to the law of the country in which the consumer has his/her habitual residence, for the sake of the customer protection - will remain unaffected by this agreement. 

The application of the CISG (Convention on contracts for the international sale of goods) is excluded.

V SG 41

 

Guitars Upgrade UG (haftungsbeschränkt)

Steinweg 8-10

45219 Essen

Tel: 02054 874245

info@guitarsupgrade.de

www.guitarsupgrade.de

 



 

Right of withdrawal
 

 

The right of revocation expires prematurely in distance contracts for the delivery of sealed goods which are not suitable for a return for reasons of health or hygiene, if their seal was removed after delivery; for the delivery of

audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.

 

Right of withdrawal

 

You have the right to withdraw from this contract within 14 days without giving any reason.

 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. 

 

To exercise the right of withdrawal, you must inform us

 

Guitars Upgrade UG (haftungsbeschränkt)

Steinweg 8-10

45219 Essen

Tel: 02054 874245

info@guitarsupgrade.de

www.guitarsupgrade.de

 

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

 

You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Effects of withdrawal

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). 

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. 

We will make the reimbursement without undue delay, and not later than –

(a) 14 days after the day we receive back from you any goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. 

 

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 

 

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. 

 

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the period of 14 days has expired. 

 

You will have to bear the direct cost of returning the goods. 

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 

 

 

 

Model withdrawal form

 

Guitars Upgrade UG (haftungsbeschränkt)

Steinweg 8-10

45219 Essen

Tel: 02054 874245

info@guitarsupgrade.de

www.guitarsupgrade.de

 

I / We[*] hereby give notice that I /We[*] withdraw from my/our [*] contract of sale of the following goods [*]/for the supply of the following service[*], 

 

Ordered on [*] / received on [*],

 

Name of consumer(s),

 

Address of consumer(s),

 

Signature of consumer(s) (only if this for is notified on paper)

 

Date

 

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[*] Delete as appropriate