1. Area of validity
The following terms and conditions of sale and delivery shall apply exclusively to all deliveries. Alternative terms and conditions of the buyer that deviate from my terms shall not be recognized unless agreed on and accepted expressly in writing.
2. Offer and conclusion of contract
(1) The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line.
(2) By clicking the ‘Send Order’ button, customers agree to buy the goods in the cart, and this order is legally binding. The Gitarrengurte.de/Caer customer receives an order confirmation immediately after the order is transmitted. The sales contract becomes effective on receipt of my separate order confirmation or the delivery of goods.
(3) I then store the text of the contract and email the order data and a link to the General Terms and Conditions to the customer. The customer is able to view all prior orders after logging in to the customer service pages of my website.
(4) I reserve the right to deny the promised service subsequent to determining that the goods are no longer available, even though a corresponding transaction has been made. In such a case, the customer is notified immediately. Potential considerations will be reimbursed and, if desired credited. Further customer claims against Gitarrengurte.de/Caer are excluded.
(5) The contractual language is German.
(1) All prices on the product pages include legal VAT plus any accruing packaging and shipping costs.
(2) Payment may be made by prepayment, PayPal Plus, PayPal Express and Sofortüberweisung. In case of shipments abroad are advance, PayPal Plus, PayPal Express and potential Sofortüberweisung available.
(1) Delivery throughout Germany usually is with Deutsche Post or DHL. Domestic deliveries within Germany are priced at EUR 2.60 per order. For orders in excess of EUR 50.00, I will post goods within Germany free of shipping costs. The international shipping charges are available under 'shipping'. Additional customs duties and charges for deliveries to countries outside the EU (Non-EU countries) shall be borne by the customer.
(2) If the customer is an entrepreneur (§ 14 German Civil Code), delivery shall generally be at the customer’s risk. This shall also apply for partial deliveries. If the customer is a consumer in the sense of § 13 German Civil Code, the risk of accidental destruction and accidental deterioration of the purchased object shall only pass to the customer at handover of the object even if the object is shipped. The purchaser entering in acceptance default shall be equal to handover. Delivery shall be to the delivery address specified by the customer.
(3) The merchandise should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectable transportation and packaging damages are to be confirmed in written form by the transportation company upon delivery and reported by the customer.
(4) In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
(5) Claims for damages against the firm Gitarrengurte.de/Caer on grounds of non-fulfilment or delay are excluded, insofar as neither intent nor gross negligently can be proven.
(1) Statutory right of withdrawal
If you are a consumer (as per § 13 of the German Commercial Code), you shall be entitled to withdraw from this contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which you or a third party appointed by you, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, you must notify me:
Tel.: +49 (0)941 25984
of your decision to withdraw from this contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
The withdrawal form template you'll find here: Sample text withdrawal
(2) Consequences of withdrawal
If you withdraws from this contract, I must reimburse any payments I have received from you, including delivery costs (excluding any additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by me) without delay, but no later than fourteen (14) days after the day on which I receive the notice of your withdrawal from this contract. I will use the same payment method you used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund. I may withhold the reimbursement until I have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to me without delay and no later than fourteen (14) days from the date on which you notifies me of withdrawal from this contract. The deadline is deemed to be met if you send the goods before the expiry of the fourteen-day deadline. I shall bear the costs of returning the goods. You shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
(3) Exclusions from the statutory right of withdrawal
The statutory right of withdrawal shall not apply in the following cases:
Delivery of goods which are personalized.
6. 30-Day Money Back Guarantee (Extended Returns Policy)
(1) In addition to the statutory right of withdrawal for a period of fourteen (14) days, Gitarrengurte.de/Caer also offers customers a money-back guarantee for the 16 days following this period. The customer is entitled to return the goods I have supplied within thirty (30) days, no questions asked. The term shall commence when the goods have been received in full. The timely dispatch of the goods or the request to return the goods shall be deemed sufficient for meeting the deadline. The right to return goods can only be exercised by returning the goods unless the goods cannot be shipped as a package. Goods which are deemed unsuitable for shipment shall be collected from the customer by a carrier commissioned by Gitarrengurte.de/Caer. It is therefore advisable to contact me in advance.
(2) Gitarrengurte.de/Caer shall bear the costs of return. When returning goods I request that you refrain from using express delivery or delivery services for which postage is not prepaid. I will commission a carrier to collect goods which are deemed unsuitable for shipping. Gitarrengurte.de/Caer regrets that it is unable to cover the shipping costs for return shipments from foreign countries as part of the 30-day money back guarantee.
(3) Non-returnable products
Non-returnable products are products that are personalized.
(4) Should the customer make use of the right to return goods, Gitarrengurte.de/Caer shall be entitled to demand appropriate compensation for the period during which the goods remain in the customer’s possession.
(5) Furthermore, a customer exercising the right to return goods must compensate Gitarrengurte.de/Caer for the depreciation in the value of the goods if the customer is unable to return the goods in the proper condition because he/she is responsible for the deterioration or loss of the goods or any other deficiency. This shall not apply in cases where the deterioration of the goods is attributable solely to the inspection of the goods – for instance, as would have been possible for the customer in a store. Incidentally, the customer may avoid the obligation to pay compensation by desisting from using the goods as if they were his/her property and by refraining from any use which may reduce the value of the goods.
(6) In case the customer returns individual items from bundled merchandise or sets within the 14-day cancelation period or within the Gitarrengurte.de/Caer 30-day money back guarantee period, I will charge the customer the regular sales price for the retained items.
(7) Please note that the conditions specified in § 6 shall not apply for the first 14 days (statutory right of withdrawal in accordance with § 5 of the General Terms and Conditions of Business) of the 30-day money back guarantee but only for the following 16 days.
7. Due Dates and Payment Conditions
(1) Invoices sent by the firm Gitarrengurte.de/Caer – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay.
(2) Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event the firm Gitarrengurte.de/Caer is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
8. Reservation of Ownership
(1) Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered merchandise remain the legal property of the firm Gitarrengurte.de/Caer, to the extent the customer is a businessman or businesswoman in the sense of the German Commercial Code. In respect to contracts negotiated with consumers, § 13 German Civil Code [Bürgerliches Gesetzbuch/BGB], the firm Gitarrengurte.de/Caer reserves its right of property until the full remittance of the purchase price.
(2) The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the firm Gitarrengurte.de/Caer. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the firm Gitarrengurte.de/Caer and the customer, including interest and any subsidiary demands to be brought against the firm Gitarrengurte.de./Caer. The firm Gitarrengurte.de/Caer accepts this relinquishment of rights.
9. Place of Execution and Place of Jurisdiction
(1) Legal jurisdiction is exercised by the Federal Republic of Germany exclusively.
(2) The place of execution for all services and products negotiated in business transactions with the firm Gitarrengurte.de/Caer is Regensburg, Federal Republic of Germany, insofar as the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
(3) If the customer is a businessman, legal entity of public law or public special fund, Regensburg shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
10. Customer testimonial, review
If the user decides to write a review it grants Gitarrengurte.de/Caer for the duration of the which is the basis right temporally and locally unrestricted and exclusive license to the further use of the customer review for any purposes on-line like off-lines. Gitarrengurte.de/Caer will strive, which authors as an author to always designate (except if the author indicated to want to remain anonymous), reserves itself however to shorten or omit this indication. Gitarrengurte.de/Caer reserves itself not to indicate a review or only for a limited period on the website as well as shorten or change it. Beyond that the review guidelines are valid. Customer reviews show excluding the opinion of the customers.
11. Alternative dispute resolution
The seller is not obliged and is not prepared on principle to participate in a dispute settlement proceeding in front of a consumer arbitration board.
12. Final determination
If any provision of these Terms and Conditions are invalid, the remaing terms of the contract shall remain valid.