General Terms and Conditions - Pre-Owned Instruments
Herbert WURLITZER Manufaktur für Holzblasinstrumente GmbH
(Status: 27.02.2023)
§ 1 General
1.1 These General Terms and Conditions apply to the free use of our website (hereinafter referred to as Herbert WURLITZER) and to all agreements concluded between you and Herbert WURLITZER as our user (hereinafter referred to as "Private Seller", "User", "Seller" or "Buyer"). The General Terms and Conditions apply to entrepreneurs within the meaning of § 14 of the German Civil Code ("Unternehmer") as well as to consumers within the meaning of § 13 of the German Civil Code ("Verbraucher"). These General Terms and Conditions do not apply to purchase contracts concluded on site at a physical location of Herbert WURLITZER.
Our website is operated under the brand Herbert WURLITZER GmbH, a German limited liability company with its registered office at Rückertstraße 20, 91413 Neustadt a.d. Aisch, Germany,
Managing directors: Bernd A. Wurlitzer, Prof. Ulrich Wurlitzer,
Registration number: AG Fürth (Bay) HRB 3914
Postal address:
Herbert WURLITZER
Manufaktur für Holzblasinstrumente GmbH
Rückertstrasse 20
91413 Neustadt a.d. Aisch
Germany
(hereinafter referred to as: Herbert WURLITZER)
1.2 By using Herbert WURLITZER's website (currently available at wurlitzerclarinets.com, wurlitzerklarinetten.de or shop.wurlitzerklarinetten.de) you agree to these terms and conditions and hereby enter into a contract with Herbert WURLITZER. This contract shall be governed by the laws of the Federal Republic of Germany. These terms and conditions are the only ones that apply. We will not accept any general contractual clauses that deviate from them.
Communication with you or the provision of services by us does not imply acceptance of any deviating general contractual clauses.
Please print out these terms and conditions as we do not store older contract terms for you.
In order to use our services, you must be of full legal capacity and at least 18 years of age.
1.3 These General Terms and Conditions apply, unless a deviating clause has been expressly agreed, irrespective of whether you are a consumer, entrepreneur or merchant.
§ 2 Subject matter and description of the services
2.1 Herbert WURLITZER "PRE-OWNED INSTRUMENTS" is an internet platform which enables private sellers ("Users", musicians, private individuals) to offer their used WURLITZER clarinets for sale. At the same time it enables users to buy these instruments.
(See Sale of Used Instruments § 12, Seller Conditions §13-19 and Buyer Conditions §20-33).
2.2 For the purpose of the sale, the private seller ("User") may fill in a form and provide pictures and descriptions of the instrument. Only after acceptance by Herbert WURLITZER the instrument will go online.
2.3 In any purchase or sale of an instrument, Herbert WURLITZER is never the contracting party. Herbert WURLITZER only provides the platform that enables these transactions.
2.4 Herbert WURLITZER reserves the right, at its sole discretion, to modify, discontinue or terminate the Website or the Services or to change these Terms and Conditions at any time without notice.
2.5 If you are a private seller/ ("User") and have submitted a Listing for an Instrument on the Herbert WURLITZER Website and have been contacted by another User with a view to purchasing the foregoing, you may not sell that Instrument independently of Herbert WURLITZER.
§ 2 Subject matter and description of the services
2.1 Herbert WURLITZER "Pre-owned Wurlitzer" is an internet platform which enables private sellers ("users", musicians, private individuals) to offer their used WURLITZER clarinets for sale. At the same time it enables users to buy these instruments.
(See Sale of Used Instruments § 12, Seller Conditions §13-19 and Buyer Conditions §20-33).
2.2 For the purpose of the sale, the private seller ("User") may fill in a form and provide pictures and descriptions of the instrument. Only after acceptance by Herbert WURLITZER the instrument will go online.
2.3 In any purchase or sale of an instrument, Herbert WURLITZER is never the contracting party. Herbert WURLITZER only provides the platform that enables these transactions.
2.4 Herbert WURLITZER reserves the right, at its sole discretion, to modify, discontinue or terminate the Website or the Services or to change these Terms and Conditions at any time without notice.
2.5 If you are a private seller/ ("User") and have submitted a Listing for an Instrument on the Herbert WURLITZER Website and have been contacted by another User with a view to purchasing the foregoing, you may not sell that Instrument independently of Herbert WURLITZER.
§ 3 Intellectual property rights, obligations of the user, external links
3.1 The contents on the Herbert WURLITZER Website may not be copied or distributed or otherwise used or reproduced without the prior consent of the copyright holder. This also applies to copying using "robot/crawler" search engine technologies or other automatic mechanisms.
3.2 Our website contains links to external websites which may contain links to other websites. We are not responsible for the content of these sites or for the content they offer.
§ 4 Electronic communication
We will communicate with you electronically by email. For contractual purposes, you agree to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically will be legally binding, unless applicable law requires a different form of communication.
§ 5 Data protection
We take your data protection rights under the European General Data Protection Regulation GDPR very seriously. In addition to these terms and conditions, you can find more information about how we handle personal data in our Privacy Policy.
§ 6 Our liability
6.1 Herbert WURLITZER endeavours to ensure at all times that the website is available to users without interruption and that transmissions are error-free. However, this cannot always be guaranteed. In addition, access to the Herbert WURLITZER website may occasionally be interrupted or restricted in order to carry out maintenance and servicing work or to introduce new facilities. Herbert WURLITZER will endeavour to limit the duration and frequency of such temporary interruptions.
6.2 Herbert WURLITZER shall be liable for damages only in case of intent and gross negligence.
6.3 Herbert WURLITZER shall not be liable under section for lack of economic success, loss of profit and indirect damage.
6.4 The limitations of liability apply mutatis mutandis to employees, representatives and subcontractors of Herbert WURLITZER.
6.5 Herbert WURLITZER's liability for guarantees given and claims under the KHG remain unaffected.
6.6 Herbert WURLITZER shall not be liable for incorrect information on the website.
§ 7 Image rights / Use of images / Third party rights
7.1 The participating Seller/User is hereby informed that a transfer of rights is required for the publication of the visual material provided. The Participating Seller/User hereby confirms that it has the rights to the photographs provided and irrevocably authorises the unlimited and unrestricted publication of such photographs, regardless of time and place. You acknowledge and agree that the aforementioned image/licence rights are granted royalty free. The Photographer retains full ownership rights to the image.
7.2 The participating seller/user hereby confirms that no third party rights are infringed by the uploaded photos of objects or locations.
§ 8 Validity
The agreement remains valid if the website changes its name or participation.
In the event of publication(s), the participating seller/user shall not raise any claims against Herbert WURLITZER or third parties (e.g. publisher, provider, webmaster).
Both contracting parties are entitled to store the photographic material for an unlimited period of time and place, modified or unmodified, as well as in physical or digital form.
§ 9 Obligations of the private seller / ("user")
The participating private seller/("user") is obliged to provide the required data completely and correctly and to notify any changes without delay. This applies in particular to address data and the e-mail address. The private seller/user shall ensure that its content on Herbert WURLITZER does not violate any statutory provisions or the rights of third parties.
§ 10 Conformity
Herbert WURLITZER acts in accordance with the Money Laundering Act.
We point out that it is strictly forbidden to transfer impure money via Herbert WURLITZER and will ask in case of doubt.
It is strictly forbidden to offer counterfeit or stolen instruments on Herbert WURLITZER.
§ 11 Compensation
The participating Private Seller/("User") shall indemnify Herbert WURLITZER for all damages resulting from a violation of the above provisions, if the Private Seller/User is responsible for the violation. The compensation shall also include the costs of the necessary legal defence. Herbert WURLITZER will inform you immediately if a third party asserts such claims against you and give you the opportunity to comment.
Sale of used instruments
General Terms and Conditions of the Seller
§ 12 Sale of used instruments and reel by Herbert Wurltizer 12.1 By filling in the form provided, you can offer your used instrument for sale. When you sell an instrument, you are the sole contractual partner of the buyer. Herbert WURLITZER only grants you ("third party") the opportunity to offer your instrument on wurlitzerclarinets.com/wurlitzerklarinetten.de and is neither buyer nor seller of these instruments. The contract is always concluded with the buyer. Herbert WURLITZER is not a contractual partner and is not responsible for the handling of the sale and possible complaints.
12.2 Between you and us, Herbert WURLITZER shall not be deemed to be the seller of the instruments purchased through wurlitzerclarinets.com/wurlitzerklarinetten.de, but rather a platform that realises the transition between sellers and buyers on a commission basis, as agreed between Herbert WURLITZER and the private seller selling the instrument through Herbert WURLITZER by e-mail.
12.3 If a seller decides to make an instrument available on Herbert WURLITZER, it must remain on the website for 14 days before the seller can remove it. After this period, it is at the Seller's discretion how long an Instrument remains on the Platform.
12.4 Transaction restrictions
If you are a Private Seller /('User') and have submitted a Listing for an Instrument on the Herbert WURLITZER Website and have been contacted by another User regarding the purchase of any of the aforementioned Instruments, you may not sell such Instruments independently of Herbert WURLITZER. If Herbert WURLITZER is informed of such a transaction, Herbert WURLITZER may decide not to re-engage with the private seller/("User") in that case.
§ 13 Instruments
13.1 Only instruments manufactured by Herbert WURLITZER may be offered on the Platform.
13.2 The description of the instrument must be truthful. This also includes the description of defects. The Seller shall be liable for incorrect or faulty information.
13.3 Herbert WURLITZER will assist the Seller in establishing a market price. Herbert WURLITZER reserves the right to reject instruments with a non-market price.
13.4 The seller must present and declare the origin of the instrument as well as documents for authentication, such as the invoice at the time of purchase. Although Herbert WURLITZER takes the greatest care in checking these documents, Herbert WURLITZER does not guarantee their correctness and authenticity. The responsibility for this lies with the Seller.
§ 14 Inspection of the Instrument by the Seller
Herbert WURLITZER instructs sellers to indicate possible defects in the description of the instrument offered. Buyers should inspect each item after delivery. They may withdraw from the contract within the framework of our guidelines (see §25).
§15 Payments and commissions
15.1 As soon as a sale of an instrument has been made via wurlitzerclarinets.com/wurlitzerklarinetten.de or shop.wurlitzerklarinetten.de, Herbert WURLITZER will credit your account with an amount to be determined at the time of purchase in accordance with the Herbert WURLITZER commission conditions.
15.2 Herbert WURLITZER will receive 10% commission for the completed sale.
The commission is dependent on the net price. The commission is payable by the Seller and is due upon a sale.
15.3 Subject to Herbert WURLITZER's receipt of the delivery confirmation and verification by the buyer, Herbert WURLITZER will credit the seller's account with the corresponding payment, deducting the commission and, in the case of Herbert WURLITZER's handling of the transport, also the insurance, transport and transfer costs - after the expiry of the return period.
§ 16 Shipping costs
16.1 Taxes
Applicable taxes for which you are responsible and which are shown separately on the purchase receipt will be added when due. However, Herbert WURLITZER is not responsible for the accuracy of these taxes and the Seller must verify their accuracy.
As a seller, you must be aware that if your sales amount to another European country exceeds a certain amount (threshold) (see VAT Sales Tax), all of the above sales must be taxed in the country of destination.
16.2 Herbert WURLITZER insures all purchases made by Herbert WURLITZER itself. It also covers the return transport to the seller in case of instrument return according to §32. It will be charged as soon as the transaction is determined. If the buyer has his own insurance, please indicate this in the shopping cart.
16.3 Shipping
Shipment will be made by DHL or similar transport companies.
§ 17 Return of instruments
The General Terms and Conditions of Herbert WURLITZER apply to all used instruments sold or purchased through Herbert WURLITZER. Please read the Terms and Conditions of Purchase §31 carefully. You agree to comply with Herbert WURLITZER's Conditions of Return at the time of purchase, which apply to all instruments sold through Herbert WURLITZER.
§ 18 Damaged Instruments
The Terms and Conditions of Herbert WURLITZER's current Damaged Instruments Policy, as referenced in the Buyer's Terms and Conditions, apply to all instruments sold or purchased through Herbert WURLITZER.
Please read the Terms and Conditions of Purchase §31 carefully.
You agree to abide by the terms of the Herbert WURLITZER Damaged Instrument Policy at the time of purchase, which apply to all instruments sold through Herbert WURLITZER.
§ 19 Responsibility for used instruments
You are the sole and exclusive owner of the instrument you make available on Herbert WURLITZER and you have all rights necessary to grant Herbert WURLITZER the rights to sell and publish the instrument. You acknowledge that the Instrument you make available through Herbert WURLITZER, and its use and exploitation as expressed in these Terms, will not infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral right, other intellectual property right, right of publicity or privacy or result in the violation of any applicable right.
General Terms and Conditions of the Buyer
These Terms and Conditions apply together with the Seller's Terms and Conditions, which you must sign during the purchase process.
§ 20 Purchase of used instruments and roll from Herbert Wurlitzer
When you purchase a used instrument, you are not purchasing the instrument from Herbert WURLITZER, but from the Seller (the private seller/user or other person appointed by him). Herbert WURLITZER only grants third parties the possibility to offer instruments on HerbertWURLITZER.com and is neither buyer nor seller of these instruments. Your contract is always with the seller. Herbert WURLITZER is not a contracting party and not responsible for the handling of the sale and possible complaints.
§ 21 Prices and Payment
21.1 The Seller shall pay for the entire shipment, which depends on the value of the order, the weight measurements and the destination.
21.2 The prices quoted are final prices for customers from and within the European Union. In the case of other countries, they may not include all taxes, in particular import taxes and import VAT, which will be invoiced separately by the transport company and you will receive an additional receipt for them.
21.3 If you purchase instruments through Herbert WURLITZER, you agree to pay the amount via our specified payment options to the account specified by Herbert WURLITZER (on the website or by e-mail).
21.4 The purchase price and the shipping and packaging costs are payable immediately and without deduction.
21.5 As soon as Herbert WURLITZER has received the payment, shipment will take place.
The shipment will take approximately 10 to 14 days to arrive at your destination. If you require express transport, please inform the seller. This will incur additional costs which you must pay in advance.
21.6 If the customer pays by PayPal, the transaction will be carried out immediately. If the customer chooses to pay by bank transfer, he will receive an order confirmation, after which the transfer must be executed immediately in order to reach Herbert WURLITZER within a specified period of 7 days.
Please note that bank transfers by the buyer from abroad and payments via Paypal are subject to charges which we deduct from the seller when the payment is forwarded.
21.7 Herbert WURLITZER will collect your invoice and forward it to the Seller and to the shipping company. Herbert WURLITZER will process your payment and forward the amount to the Seller, less our commission, transport and insurance charges.
§22 Escrow Service
23.1 The amount paid will be held by Herbert WURLITZER until the instrument has been approved by the buyer. After expiry of the granted revocation period, the payment will be released to the seller.
§ 23 Retention of Title
The goods remain the property of the Seller until the purchase price has been paid in full.
§ 24 Conclusion of the contract
24.1 The presentation and advertising of the available instruments on the Website does not constitute a formalised offer and prices are subject to change before a binding offer is made.
24.2 By sending an order through Herbert WURLITZER by clicking the button "Buy" you declare a legally binding acceptance of the offer.
24.3 Herbert WURLITZER will confirm the acceptance immediately by e-mail. Such e-mail will not yet contain a declaration of acceptance, unless it not only confirms the admission but also expressly declares acceptance.
24.4 A purchase contract will only be concluded when we order the shipment of the goods with our distribution partner and you receive a confirmation by e-mail (hereinafter: delivery confirmation).
24.5 The purchased instrument will be shipped directly to you. Herbert WURLITZER's General Terms and Conditions apply to all instruments you purchase through the Herbert WURLITZER website.
24.6 In addition to your right of cancellation under §25, you may cancel your order at any time before the associated delivery confirmation is sent.
§ 25 Withdrawal from a contract 25.1 If you buy an instrument offered by a private person, you have no right to withdraw from the contract.
25.2 If you purchase an instrument offered by Herbert WURLITZER GmbH, you have the right to withdraw from your purchase contract without giving any reason.
The withdrawal period runs after 14 days from the day on which you or a third party other than the carrier and specified by you acquire physical possession of the instrument.
In the case of a contract for multiple goods ordered by you in one order and delivered separately, the period starts on the day you or a third party other than the carrier and specified by you acquire physical possession of the last good. To exercise your right of withdrawal, you must notify us (Herbert WURLITZER GmbH, Rückertstraße 20, 91413 Neustadt a.d. Aisch, Germany, telephone no. +49 9161 2625, e-mail info@wurlitzerklarinetten.de) of your decision to withdraw from your contract or by means of a clear declaration (e.g. a letter by post, fax or e-mail). You can use the attached sample withdrawal form, but it is not obligatory. We will pass the information on to the seller.
To comply with the withdrawal period, it is sufficient if you send your notice of exercise of the right of withdrawal before the withdrawal period expires.
25.3 Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you without undue delay and no later than 14 days after the day on which we are notified of your decision to withdraw from this contract. We will make this refund using the same means of payment that you used for the initial transaction.
The fees for the money transfer are to be borne by you.
If the instrument has already been delivered to you, we will withhold the refund until the seller has received the instrument back.
The deadline is met if you return the instrument before the deadline stated above. You must bear all costs of returning the instrument.
You will only be liable for any loss in value of the instrument caused by handling, unless it is that which is necessary to preserve the nature, characteristics and finishes of the instruments.
For the handling of instrument returns, see §31.
End of the information on the right of withdrawal.
25.4 Model withdrawal form
(Only complete and return this form here if you wish to withdraw from the contract. Herbert WURLITZER will forward it to the seller)
§ 26 Shipping
Shipping is worldwide.
If your order is to be shipped by more than one transport, you may receive a separate delivery confirmation e-mail for each transport. In this case, a separate purchase contract is concluded for each product.
§ 27 Delivery of used instruments
The buyer will be contacted regarding the delivery date.
If the instrument cannot be delivered for various reasons, such as absence of the buyer, the buyer is liable for the resulting costs.
§ 28 Insurance
Herbert WURLITZER instructs the Seller to ship the instrument with a valid insurance.
§ 29 Handling of the instrument
All instruments must be handled with the utmost care. You must be aware that they are irretrievable goods. Please be aware of the condition of the instrument; environments with high humidity and high sunlight are not recommended, also an environment that is too dry can cause damage. Changes that occur to the unit due to the passage of time are not considered defects.
Similarly, damage caused by improper handling after receipt of an instrument is not considered a defect of the instrument. Instruments are delicate and must be handled with the utmost care.
§ 30 Damaged used instruments
Procedure
Inspect the instrument immediately after delivery. If you find any damage, please proceed as follows:
(a) - Keep the original packaging!
(b) - Take photos of damaged instruments and packaging. Please send these photos immediately to info@wurlitzerklarinetten.de
(c) - Within five days of the delivery date of your used instrument, please send an email to info@wurlitzerklarinetten.de to give us your order information for the return of the instrument.
Return the instrument to the seller with valid insurance.
§ 31 Re-digging of used instruments
31.1 A musical instrument is not a consumer product and all persons dealing with it have a high responsibility to handle it safely to keep danger away. You must safely return the instrument to the Seller without unreasonable delay and in any event not later than 14 days from the date on which you or a third party other than the carrier and physical possession specified by you acquire possession of the instrument.
31.2 Procedure
(a) Contact us by email at info@wurlitzerklarinetten.de using the cancellation form found at §25. Or by telephone on +49 9161 2625, from 9am to 6pm Monday to Friday (Central European Time) and we will help you. You can return the used instrument without giving any reason, but we will be pleased if you give us a hint.
(b) Send the used instrument directly to the seller.
(c) Herbert WURLITZER requires the successful return of the goods as proof that the buyer has duly complied with our return conditions. Once we are informed of the return by the seller, Herbert WURLITZER will refund the full amount (instrument cost, VAT and original shipping costs) to the buyer.
31.3 Neither Herbert WURLITZER nor the Seller will be responsible for returns that are not carried out.
§ 32 Order Cancellations
Herbert WURLITZER reserves the right to cancel any order for an instrument placed on our website if Herbert WURLITZER determines, in its sole discretion, that the item is mispriced, damaged, already sold or otherwise unavailable. If Herbert WURLITZER cancels an order, Herbert WURLITZER will send you an email confirmation of the cancellation and you will not be charged for your order.
§ 33 Complaint procedure
The EU Commission provides an online platform for online settlements (ODR platform). It can be accessed at http://ec.europa.eu/consumers/odr/.
§ 34 Final Provisions
34.1 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.
34.2 The customer may set off claims against claims of Herbert WURLITZER or assert a right of retention only if its counterclaim is undisputed, a legal claim exists or the counterclaim is synallagmatic in relation to the respective claim.
34.3 The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This does not apply to consumers with regard to such binding consumer rights which - according to the law applicable in the absence of this clause (which is generally the law of the consumer's principal place of residence) - are legally binding and cannot be waived by agreement of the parties.
34.4 The exclusive place of jurisdiction for all disputes in connection with this contract shall be Berlin, provided that the contracting parties are merchants or the customer does not have a general place of jurisdiction in Germany or in another member state of the European Union or his permanent or habitual residence is transferred abroad after these terms and conditions come into force or his permanent or habitual residence is unknown at the time the action is brought.
34.5 Should individual provisions of these General Terms and Conditions be or become invalid and/or contradict the statutory provisions, the validity of the remaining General Terms and Conditions shall not be affected thereby.
34.6 All notices given by you to us must be in writing to the address set out in the website imprint. We may notify you either at the email address or postal address you provided to us when you contacted us.