General Terms and Conditions
Manufaktur für Holzblasinstrumente GmbH
§ 1 Subject matter of the contract and description of services
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to the free use of our online shop (hereinafter referred to as "Online Shop"), as well as to all contracts concluded via the Online Shop with you as our customer (hereinafter referred to as "Customer" or "Buyer"), and are equally addressed to entrepreneurs within the meaning of § 14 BGB ("Entrepreneurs") and to consumers within the meaning of § 13 BGB ("Consumers"). These General Terms and Conditions do not apply to purchase contracts concluded on the premises of Herbert WURLITZER.
1.2 The contracts are concluded between the customer and the
Manufaktur für Holzblasinstrumente GmbH
91423 Neustadt a.d. Aisch
Phone +49 9161 2625
unless expressly agreed otherwise.
The company is hereinafter referred to as "Herbert WURLITZER".
1.3 Purchase of products directly from Herbert WURLITZER
The customer may purchase clarinets, mouthpieces, cases & cases as well as accessories directly from Herbert WURLITZER in our online shop ("Purchase").
1.4 Immediate sale and mediation of a product purchase by Herbert WURLITZER
As a consumer, it is also possible for the customer to sell used clarinets via our online shop. In this case, the General Terms and Conditions for Used Instruments, which can be viewed here, shall apply in addition.
§ 2 Conclusion of contract
2.1 The placement of the respective product in the online shop does not constitute a binding offer to conclude a purchase contract by Herbert WURLITZER to the customer.
2.2 In order to purchase products in Herbert WURLITZER's online shop, the customer can place the selected goods in the shopping basket and then enter the order data in the order mask provided. After selecting the shipping method and the desired payment method, as well as accepting these General Terms and Conditions, the customer sends his binding offer by clicking on the button "Order subject to payment".
2.2.1 Herbert WURLITZER will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by Herbert WURLITZER and does not constitute acceptance of the offer.
2.2.2 Acceptance by Herbert WURLITZER is only effected by an express declaration of acceptance (order confirmation) to the customer by e-mail by the end of the seventh working day following the day of the offer at the latest, or by delivery of the goods. Herbert WURLITZER is entitled to reject contract offers without giving reasons. In this case, Herbert WURLITZER will inform the customer of the rejection of the offer by means of a statement by e-mail.
2.2.3 Herbert WURLITZER also reserves the right to withdraw from the contract if the goods are not in stock from a carefully selected and reliable supplier through no fault of Herbert WURLITZER (reservation of self-supply). In such a case, Herbert WURLITZER undertakes to inform the customer immediately about the non-availability of the goods and to refund any payments made without delay. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In the event that the payment was made in cash, the refund will be made by bank transfer to the account designated by you at the time of payment.
2.2.4 The customer has the option of concluding the contract in German, English or French.
2.2.5 Herbert WURLITZER stores the text of the contract of the order (in compliance with data protection). The customer has the possibility to print it out for his records. We will also send the customer a confirmation of receipt as well as an order confirmation with all order data to the e-mail address provided by the customer.
§ 3 Prices and payment methods
3.1 Herbert WURLITZER offers the customer various payment methods, which can be viewed in detail at the following address: Payment.
3.2 The prices at the time of the order apply. All prices are quoted in EUR, CHF, GBP or USD, depending on the selection, and include VAT. Shipping costs are not included in this price and are displayed separately in the ordering process.
3.3 In the case of purchase contracts between Herbert WURLITZER and the customer, the total amount payable including shipping costs is due immediately.
3.4 If the collection of the claim fails, the customer shall reimburse Herbert WURLITZER for the additional costs incurred, insofar as the customer is responsible for the failure.
3.5 In the event of financing of the purchase price, the financing commitment does not constitute acceptance of the purchase contract. The contract shall be concluded in accordance with § 2 of the General Terms and Conditions.
§ 4 Shipping and Delivery
4.1 The shipment of the products sold by Herbert WURLITZER shall be effected by the shipping service providers indicated under Herbert WURLITZER Shipping Costs.
4.2 The customer shall bear the shipping costs. The amount of the shipping costs is shown in the shipping price overview, which can be viewed under this link. The binding shipping costs are also displayed in the order overview before the order is placed.
4.3 Goods purchased from Herbert WURLITZER will be shipped exclusively with transport insurance through the shipping partners named under Herbert WURLITZER Shipping Costs.
4.4 The goods are shipped to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, USA.
4.5 The estimated delivery time is shown to the customer in the respective product description and applies from receipt of payment. The delivery time may be subject to the usual fluctuations in postal delivery and may be delayed by force majeure and other events beyond the control of Herbert WURLITZER and its vicarious agents.
§ 5 Duties of the Customer
5.1 The customer shall not take any action that imposes an unreasonable or excessive load on the Herbert WURLITZER infrastructure.
5.2 Customers shall not block, overwrite or modify any content generated by Herbert WURLITZER or otherwise interfere with the Herbert WURLITZER Web Site in any way.
5.3 The contents of the Herbert WURLITZER Web Site may not be copied or distributed or used or reproduced in any other way without the prior permission of the copyright owner. This also applies to copying by means of "robot/crawler" search engine technologies or by other automatic mechanisms.
5.4 Herbert WURLITZER is entitled to block customer accounts if there is suspicion of fraudulent or other misuse of a customer account. Herbert WURLITZER will inform the customer about a blocking by e-mail if the purpose of the blocking is not jeopardised by the information.
§ 6 Our Liability
6.1 Herbert WURLITZER makes every effort to ensure that the Website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Access to the Herbert WURLITZER Web Site may also be suspended or restricted from time to time in order to allow for repairs, maintenance or the introduction of new facilities. Herbert WURLITZER will endeavour to limit the duration and frequency of such temporary interruption.
6.2 Herbert WURLITZER shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
6.3 In cases of slight negligence, Herbert WURLITZER shall be liable for breach of a material contractual obligation. An essential contractual obligation within the meaning of this clause is an obligation the fulfilment of which makes the performance of the contract possible in the first place and on the fulfilment of which the contracting partner may therefore regularly rely.
6.4 Herbert WURLITZER shall not be liable in the case of clause 7.3 for lack of success, loss of profit and indirect damages.
6.5 Liability pursuant to section 7.3 above shall be limited to the typical and foreseeable damage at the time of the conclusion of the contract.
6.6 The limitations of liability shall apply mutatis mutandis in favour of Herbert WURLITZER's employees, agents and vicarious agents.
6.7 Any liability of Herbert WURLITZER for guarantees given and for claims based on the Product Liability Act remains unaffected.
7.1 The statutory warranty rights shall apply to all contracts concluded between Herbert WURLITZER and the Customer.
7.2 Liability for defects in used goods shall be excluded for Purchasers who are Entrepreneurs; this shall not apply in case of gross negligence or intent; warranty rights for new goods shall lapse within six months following the transfer of risk.
7.3 Warranty rights shall lapse for Consumers within two years following the transfer of risk for new goods and within one year for used goods.
7.4 Ordinary wear and tear marks (e.g. scratches on the case/band) do not constitute defects under sales law.
7.5 Damage caused by the improper handling of the goods by Purchaser shall be excluded from the liability for defects.
§ 8 Right of withdrawal for consumers
8.1 Cancellation policy
If you are a consumer and no contract within the meaning of section 8.3 exists, you have a right of revocation according to the following instructions:
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last part shipment or the last item.
To exercise your right of withdrawal, you must inform us (Herbert WURLITZER Manufaktur für Holzblasinstrumente GmbH, Rückertstraße 20, 91413 Neustadt a.D. Aisch, Email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You can use the model withdrawal form attached under this link for this purpose.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
According to BGB § 312g Abs 2 Satz 1 the right of revocation does NOT exist for the delivery of goods for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (custom-made products).
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
You must return or hand over the goods to us (Herbert WURLITZER Manufaktur für Holzblasinstrumente GmbH, Rückertstraße 20, 91413 Neustadt a.D. Aisch, Email: email@example.com) without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract.
The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
8.2 Model cancellation form
(If you wish to cancel the contract, please fill in and return the form which you will find here).
SAMPLE CANCELLATION FORM
8.3 The right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 9 Retention of title
9.1 The goods shall remain the property of Herbert WURLITZER until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of Herbert WURLITZER.
9.2 The buyer is obliged to treat the goods with care until the purchase price has been paid in full.
§ 10 Information on online dispute resolution
The EU Commission operates a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 Final provisions
11.1 Deviating terms and conditions of the customer shall not become part of the contract even if Herbert WURLITZER does not expressly object to their application.
11.2 The customer may only set off claims of Herbert WURLITZER against claims of Herbert WURLITZER or assert a right of retention if the customer's counterclaim is undisputed, a legally binding title exists or the counterclaim is in a synallagmatic relationship to the respective claim concerned.
11.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this shall not apply with respect to such provisions which are mandatory under the law which would be applicable in the absence of this clause (i.e. as a rule the law of the country where the consumer has his principal place of residence) and which may not be deviated from by agreement.