General Terms and Conditions (Status: 07/17/2021)
The following general terms and conditions apply to the business relationship between the company Elbblech and the customer in their currently valid version. Deviating conditions require the written form and the express consent of both parties.
§2 CONCLUSION OF CONTRACT AND WITHDRAWAL
All offers, regardless of whether they are made by telephone, Internet, e-mail or in any other way, are only binding for Elbblech if they have been confirmed in writing or the goods have been delivered and/or an invoice has been issued became. The Elbblech company assumes no liability for spelling, printing or calculation errors. The Elbblech company can also withdraw from the purchase contract if the buyer has provided false information about himself, treats the purchased item in a manner that is contrary to the contract, or stops making payments. In the case of second-hand goods, the prior sale is reserved.
The Elbblech company reserves the right not to provide the promised service if, after the conclusion of the contract, it turns out that the goods are not available, although a corresponding hedging transaction has been concluded. In such a case the customer will be notified immediately. Any consideration already paid by the customer will be reimbursed immediately. Further customer claims against Elbblech are excluded.
Unless otherwise agreed, delivery will be made from the warehouse to the delivery address specified by the customer (please notify us in writing of a different delivery address if necessary). The risk passes to the customer as soon as the delivery has left our premises, even if partial deliveries are made. All prices are cash prices incl. VAT plus packaging and transport costs. For shipments abroad, additional insurance costs may have to be paid. The goods must be checked for transport damage immediately after acceptance by the customer. Any transport damage that can be determined must be reported in writing immediately. The customer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods. Information on delivery times is generally non-binding unless a specific delivery time has been agreed and confirmed in writing. Claims for damages against the company Elbblech due to non-performance or delay are excluded, provided that there is neither intent nor gross negligence.
§4 SHIPPING/PACKAGING COSTS
The shipping/packaging costs within Germany are:
0€ for all instruments and small parts
Europe and worldwide shipping may be calculated and not charged as a flat rate.
§5 WARRANTY AND DAMAGES
1. Defects or damage that can be traced back to culpable or improper handling or improper installation as well as the use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by Elbblech are excluded from the warranty. 2. Natural wear and tear is also excluded from the warranty. 3. If the customer accepts the goods or the object of the order despite being aware of a defect, he is only entitled to warranty claims to the extent described below if he expressly reserves the right to do so in writing immediately after receipt of the goods. 4. The customer is only entitled to warranty claims due to existing transport damage if he has complied with his obligation to examine and notify pursuant to Section 2, Item 3. 5. The warranty period for new goods is 24 months. The period begins with the transfer of risk. The warranty period for used goods is 12 months. The rest of the warranty is determined by the statutory provisions. 7. Elbblech is only liable for damage other than damage to life, limb and health if this is based on intentional or grossly negligent action or on culpable violation of an essential contractual obligation by Elbblech. Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected.
§6 TERMS OF PAYMENT
1. Invoices from Elbblech are payable immediately and without deductions, unless otherwise agreed in writing. 2. If the customer is in arrears with the payment of the purchase price, the sum of the purchase price is to be paid interest at 5 percentage points above the respective base interest rate during the delay. If the company Elbblech has demonstrably incurred a higher damage caused by the delay, the company Elbblech is entitled to assert this.
§7 RESERVATION OF TITLE
1. The delivered goods remain the property of Elbblech until all claims against the customer have been paid in full 2. The customer is not entitled to sell the goods to third parties before the purchase price has been paid in full or to take other measures that endanger the property of Elbblech.
§8 PLACE OF PERFORMANCE AND JURISDICTION
1. German law applies. 2. Place of jurisdiction is Ratzeburg.
§9 RIGHT OF WITHDRAWAL
The customer can revoke the contract declaration within 30 days without giving reasons in text form (letter or e-mail) or by returning the goods. The receipt of this instruction in text form is decisive for the start of the period. However, the period does not begin before the day the goods are received by the recipient. The timely dispatch of the cancellation or the goods is sufficient to meet the cancellation deadline. Excluded from the right of return are consumables (care oils, etc.) and goods that have been specially ordered, modified or manufactured for the customer. The customer bears the freight costs for the return. Unfree packages will not be accepted. The purchase amount will be refunded subject to the inspection for defects. If the goods show signs of use, the customer is obliged to replace the depreciation.
The revocation must be sent to: Elbblech Instrumentenhandel Felix Eilers, Grosch Postflex #1955, Emsdettener Str. 10, 48268 Greven (ATTENTION: THIS IS AN IMPRINT ADDRESS ONLY, NOT FOR RETURNS. PACKAGES WILL BE REFUSED !), or much better by mail to: firstname.lastname@example.org
2. Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection – as you would have been able to do in a retail shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from anything that would impair its value. The costs of returning the goods will not be reimbursed, but for sales within Germany Elbblech will provide a return slip free of charge on request. 3. Exclusion of the right of withdrawal: The right of withdrawal is excluded if goods are made to customer specifications or are clearly tailored to personal needs.
ELBBLECH Instrument handle Felix Eilers, (guarantor), grants all consumers the following spatially unrestricted guarantee on goods sold by us:
The first buyer, i.e. the person who bought the goods directly from us (guarantee holder), has the right to repair the defective goods in the event of a defect in the object of purchase that occurs after the transfer of risk and is not attributable to the fault of the buyer or a third party after the transfer of risk , delivery of replacement goods free of defects or repayment of the purchase price (guarantee claim), whereby the choice between these three rights lies with us as the guarantor. The guarantee claim can only be asserted by the guarantee holder within 2 years from the legal transfer of risk by presenting the defective item to us. The guarantee holder bears the costs of the return shipment.
are excluded from the guarantee
– Consumables such as oils, greases, cleaning materials, etc.
– Service spare parts, i.e. spare parts that the consumer purchases from us as part of a repair or maintenance of a product.
– Products that are subject to wear and tear due to use or other reasons. Signs of wear and tear on instruments are only covered if they occurred despite appropriate care of the instruments or due to demonstrably defective workmanship. In other words: zinc corrosion and paintwork damage can also occur on an expensive brass instrument if you don’t take care of it, i. H. Removed saliva and sweat. We are accommodating, but neither we nor the manufacturer can do anything for a lack of care.
In addition to the claims from the above guarantee, the buyer has the statutory warranty claims, which are not restricted by the guarantee.
§11 Supplementary General Terms and Conditions for ratenkauf by easyCredit
The following supplementary general terms and conditions (hereinafter GTC) apply between you and the dealer for all contracts concluded with the dealer in which the installment purchase by easyCredit (hereinafter installment purchase) is used. In the event of a conflict, the supplementary terms and conditions take precedence over the merchant’s general terms and conditions that are different. An installment purchase is only possible for customers who are consumers acc. § 13 BGB and have reached the age of 18.
2. Installment purchase For your purchase, the retailer, with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter TeamBank AG), will provide you with installment purchase as an additional payment option. The dealer reserves the right to check your creditworthiness. For more details, please refer to the installment purchase data protection notice in the ordering section. If it is not possible to use the installment purchase due to insufficient creditworthiness or the retailer has reached the sales limit, the retailer reserves the right to offer you an alternative payment option. The contract for an installment purchase is between you and the dealer. There is no payment, but with the installment purchase you decide to pay off the purchase price in monthly installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts. The ownership of the goods remains reserved until full payment.
The claims arising from the use of hire purchase are assigned by the dealer to TeamBank AG as part of an ongoing factoring contract. Payments with debt-discharging effect can only be made to TeamBank AG. Apart from the general trade inspection, the trader is not subject to any supervision by a supervisory authority. Complaints can be sent to the dealer by letter or email.
3. Payment by installments via SEPA direct debit
With the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the ordering process at the bank specified there by a SEPA direct debit. The collection will take place at the earliest on the date specified in the pre-notification/advance notification. A later, prompt move-in can take place. If between the Pre-Notification and the Due Date there is a reduction in the
Purchase price amount takes place (e.g. through credits), the debited amount can deviate from the amount stated in the pre-notification.
It is your responsibility to ensure that your checking account has sufficient funds by the due date. Your bank is not obliged to honor the direct debit if the current account does not have sufficient funds. Should there be a returned direct debit due to insufficient funds in the checking account, due to an unjustified objection by the account holder or due to the expiry of the checking account, you will be in default without a separate reminder, unless the returned direct debit results from a circumstance for which you are not responsible have. Costs charged by your bank to TeamBank AG for a returned direct debit you owe can be claimed by TeamBank AG as damage and must be reimbursed by you. You have the right to prove that TeamBank AG suffered less damage or no damage at all. If you are in default, TeamBank AG is entitled to charge an appropriate reminder fee or default interest of five percentage points above the respective base interest rate of the European Central Bank for each reminder. Due to the high costs associated with a returned direct debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with the retailer by transferring back the corresponding amount or by crediting it.
§12 FINAL PROVISION
If any of these provisions – for whatever reason – do not apply, the effectiveness of the remaining provisions will not be affected.