TERMS AND CONDITIONS
- For every type of business relation between the customer and the company SAXOPHONIC -passion and profession Reiner Maria Diehl e.K., Krefelderstr. 309, 47506 Neukirchen-Vluyn (hereinafter “Saxophonic”), the following terms and conditions shall apply in the version valid at the time. Customers can be contractors as well as consumers. Consumer is any natural person who enters into a legal transaction for purposes predominantly not attributable to said person’s commercial or independent activities (§ 13 BGB). Contractor is a natural or legal person or a legal joint partnership that, upon closing a legal transaction, acts to carry out his/her commercial or independent activity (§ 14 BGB).
- The presentation of our products on our Webpage / in our Onlineshop fundamentally does not represent a legally binding offer, rather, it is solely a non-binding online catalogue of our range of goods. If the customer orders in our Onlineshop one or more articles, the customer thereby submits a binding order regarding the goods contained in the shopping cart. Confirmation of receipt of order will ensue as soon as possible upon receipt of order. The purchase agreement enters first into force with our separate order confirmation which we prepare after reviewing the order and the availability of the goods. The text of the agreement will be saved and the order data and Terms and Conditions emailed to the customer.
- Saxophonic reserves the right to not render the promised service in the event that subsequent to conclusion of contract the ware is not available despite the existence of a commensurate contractual obligation. The customer will be immediately informed should such be the case. Any possible compensatory measures already rendered will be immediately compensated. Further claims against Saxophonic are excluded.
- Contract language is German.
§2 Delivery and prices
- If the customer is a contractor in accordance with § 14 BGB, delivery/partial delivery takes place fundamentally at the risk of the customer. If the customer is a consumer in accordance with § 13 BGB, the risk of accidental loss and/or of deterioration of the purchased item, also for a sales shipment, shall pass to the customer first upon transfer of the item to the customer. The same applies if the customer delays in accepting the goods. The delivery is sent to the delivery address indicated by the customer.
- All indicated prices are final prices including the statutory turnover tax. Delivery costs are charged separately and are charged according to the delivery address and the weight of the ware.
- The ware is upon receipt to be immediately checked by the customer or his proxy as to transport damages when the customer is a contractor. Upon receipt of the ware, the customer must have the transport company confirm in writing any ascertainable transport and packaging damages and report such immediately to Saxophonic. We ask customers who are consumers to report obvious transport damages.
§3 Warranty and compensation
- Defects or damages attributable to wrongful or improper handling or improper installation or use of improper accessories or modification of the original parts by the customer or a third party not contracted by Saxophonic are excluded from the warranty.
- Likewise excluded from warranty protection is naturally occurring wear and tear.
- In the event that the customer accepts the ware or the object of the agreement despite knowledge of a defect, warranty rights only exist to the extent described below, if the customer reserves these rights explicitly and in writing immediately after receiving the ware.
- Warranty claims owing to existing transport damages may only be enforced by the customer if he/she has met his obligation to check and report in accordance with § 2 clause 4. This does not apply if the customer is a consumer.
- Warranty protection for new goods lasts 24 months. The time-limit shall start with passing of the risk. If the customer is a contractor, warranty protection for new goods shall last one year, and for used goods six months as of passing of the risk.
- Otherwise, the warranty shall be governed by the statutory provisions.
§4 Terms of payment and reservation of title
- Unless otherwise agreed, all invoices issued by Saxophonic are payable immediately without any deductions. Dispatch of prepayment orders only ensues subsequent to receipt of payment.
- The final invoice amount of the order is always the amount due for payment. Any possible bank charges are the responsibility of the customer.
- Saxophonic retains ownership of the goods until payment has been made in full (reservation of title)
- Until payment is made in full, the customer shall not be entitled to sell the ware to third parties or undertake any other measures which would endanger the property of Saxophonic. Already now, the customer has relinquished to Saxophonic his/her future claims in deference to the acquiring party at the amount of the purchase price agreed between Saxophonic and the customer, inclusive of interest and ancillary claims.
- If the customer is in arrears with the payment of the purchase price, the sum of the purchase price during the time of the delay is to be paid charged with five percent per year interest above the base interest rate at the time. In the event that greater damage to Saxophonic arises from the delay, Saxophonic shall be entitled to assert such claim.
§5 Place of performance and legal venue
- Exclusively German law shall apply.
- The place of performance for all services arising from business relations undertaken and/or existing with Saxophonic is 47506 Neukirchen-Vluyn.
§6 Final clause
In the event that any of the regulations given above should - for any reason whatsoever - not apply, the validity of the remaining provisions shall not be affected.