General Terms and Conditions (GTC)

1. Scope of Application
1.1 WoodVolts® is a commercial offering by Christian Schlittenbauer, Hauptstraße 20, 95173 Schönwald, info@woodvolts.de.

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1.2 The General Terms and Conditions (hereinafter “GTC”) of WoodVolts® (hereinafter: the “Seller”) apply to all contracts for the delivery of musical instruments, repairs, and service services for musical instruments that consumers or merchants (hereinafter “Customer”) conclude with the Seller regarding the goods described in the Seller’s online offer. At the same time, any reservation of the Customer’s own terms and conditions is rejected, unless otherwise agreed in writing.

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1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

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1.4 Merchants within the meaning of these GTC are natural or legal persons or a partnership with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-employed professional activity.

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2. Conclusion of Contract
2.1 The language for concluding the contract is German.

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2.2 The subject matter of the contract is the sale of musical instruments as well as repairs and service services for musical instruments.

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2.3 The product or service descriptions contained in the Seller’s online offer do not constitute binding offers by the Seller, but serve to inform the Customer, on the basis of which the Customer submits a binding offer.

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2.4 The Customer may submit the offer to the Seller by e-mail or by telephone.

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2.5 The Seller may accept the Customer’s offer within five working days as follows:

• Transmission of a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby receipt of the order confirmation by the Customer is decisive

• Delivery of the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive

• Sending a request for payment (invoice for advance payment) after the order has been placed

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth working day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their order.

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2.6 Order processing and contact are usually carried out by e-mail. The Customer must ensure that the e-mail address provided by them for order processing is valid so that e-mails sent by the Seller can be received at this address. The Customer alone bears the risk of e-mails not being delivered due to their being withheld by SPAM or similar filters.

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3. Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.

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3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

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4. Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product or service description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs will be specifically indicated in the respective product or service description.

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4.2 The Seller’s goods are generally subject to differential taxation. The VAT included in the purchase price is not shown separately on the invoice; the rules of Section 25a of the German VAT Act (UStG) apply. If the Seller is able to show VAT separately, this will be noted in the product description.

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4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the Seller and the Customer have agreed otherwise in writing.

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4.4 If payment by invoice is agreed, the following rules apply:

• For a first order, delivery takes place after the invoice has been sent and the invoice amount has been credited.

• For further orders by the same Customer, delivery takes place with invoice, payment term: immediately, without deductions.

 

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5. Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery shall be made to the delivery address specified by the Customer, unless otherwise agreed. The delivery address provided by the Customer during the ordering process shall be decisive; other delivery addresses must be communicated in writing, e.g. by e-mail, and require the Seller’s written confirmation.

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5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs of shipping to the Customer if the Customer validly exercises their right of withdrawal. With regard to the costs of return shipment, the provision made in the Seller’s withdrawal policy shall apply in the event of a valid exercise of the right of withdrawal by the Customer.

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5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass only upon handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to consumers as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

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5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller’s responsibility and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without undue delay and any consideration already provided will be reimbursed without undue delay.

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6. Retention of Title
6.1 If the Seller performs in advance vis-à-vis an end customer, the Seller retains title to the delivered goods until full payment of the purchase price owed has been made.

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6.2 If the Seller performs in advance vis-à-vis merchants, the following shall additionally apply:

The Seller retains title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to transfer of ownership of the goods subject to retention of title.

Resale of the goods in the ordinary course of business is permitted. In this case, the Customer hereby already assigns to the Seller all claims in the amount of the invoice total that accrue to the Customer from the resale; the Seller accepts the assignment. The Customer remains authorized to collect the claim. If the Customer does not properly meet their payment obligations, the Seller reserves the right to collect the claim itself.

In the event of combination and mixing of the goods subject to retention of title, the Seller shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

The Seller undertakes, upon request of the Customer, to release the securities to which it is entitled insofar as the realizable value of the Seller’s securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at the Seller’s discretion.

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7. Warranty
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

 

7.1 If the Customer acts as a merchant,

• the Seller shall have the choice of the type of subsequent performance

• in the case of new goods, the limitation period for defects shall be one year from delivery of the goods

• in the case of used goods, the rights and claims due to defects are excluded

• the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.

 

7.2 The limitations of liability and reductions of limitation periods set out above shall not apply to claims for damages and reimbursement of expenses by the Customer, in the event that the Seller has fraudulently concealed the defect.

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7.3 In addition, for merchants, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

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7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.

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7.5 If the Customer acts as an end consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

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7.6 In the sale of consignment goods on behalf of a customer, the Seller assumes no warranty whatsoever.

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8. Liability
The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory claims, including tort claims, as follows:

 

8.1 The Seller shall be liable without limitation on any legal grounds in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body, or health, on the basis of a guarantee undertaking, insofar as nothing else is regulated in this respect, and on the basis of mandatory liability, such as under the Product Liability Act.

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8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above clause. Material contractual obligations are obligations which, according to the content of the contract, are imposed on the Seller in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on the compliance with which the Customer may regularly rely.

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8.3 In all other respects, the Seller’s liability is excluded.

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8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its agents and legal representatives.

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9. Choice of Law, Place of Performance, Jurisdiction
9.1 German law shall apply, even if the order is placed from abroad or delivered abroad. If the Customer has their residence or habitual abode abroad, Schönwald shall be the place of jurisdiction for all claims in connection with the Customer’s order. The Seller is also entitled to sue at the Customer’s general place of jurisdiction.

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9.2 The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

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10. Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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11. Other Provisions
11.1 Should individual parts of these GTC be or become invalid, the validity of the remaining GTC shall remain unaffected thereby. The above GTC may be changed by the Seller at any time without separate notification.

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11.2 No cease-and-desist letter without prior contact! If the content or presentation of this site infringes certain rights or statutory provisions, the Seller requests a message by e-mail or telephone, without charging any costs. The Seller assures that the passages rightly objected to will be removed or changed without undue delay, without requiring you to involve a legal representative specifically trained for these purposes. Reimbursement of any costs incurred by you without prior contact is hereby already fully rejected.

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11.3 The Seller has placed links to other pages on the Internet on its website. The following applies to all these links: The Seller expressly emphasizes that it has no influence whatsoever on the design and content of the linked webpages. Therefore, it hereby expressly distances itself from all contents of the linked webpages on its entire website, including all subpages and their links. This declaration applies to all links placed on the Seller’s homepage and to all contents of the pages to which links, banners, or other connections lead.