Terms and Conditions

General Terms and Conditions (as of: 08.01.2021) Elbblech – General Terms and Conditions §1 GENERAL The following general terms and conditions in their currently valid version apply to the business relationship between Elbblech and the customer. Deviating conditions must be in writing and expressly agreed to by both parties. §2 CONCLUSION OF CONTRACT AND WITHDRAWAL All offers, regardless of whether they are made by telephone, internet, email 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. Elbblech accepts no liability for typographical, printing or calculation errors. Elbblech can also withdraw from the purchase contract if the buyer has provided false information about himself, handles the purchased item in breach of contract or stops making payments. Used goods are subject to prior sale. Elbblech reserves the right not to provide the promised service if it turns out after the contract has been concluded that the goods are not available, even though a corresponding hedging transaction has been concluded. In such a case, the customer will be informed immediately. Any consideration already provided by the customer will be reimbursed immediately. Further claims by the customer against Elbblech are excluded. §3 DELIVERY Unless otherwise agreed, delivery will be made from the warehouse to the delivery address specified by the customer (if different delivery address is required, please inform us in writing). The risk is transferred to the customer as soon as the delivery has left our company, even if partial deliveries are made. All prices are cash prices including VAT plus packaging and transport costs. For international shipments, additional insurance costs may be payable. The goods must be inspected for transport damage immediately after acceptance by the customer. Any transport damage that can be identified must be reported in writing immediately. The customer must obtain written confirmation of any packaging damage from 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 Elbblech for non-fulfillment or delay are excluded unless there is intent or gross negligence. §4 SHIPPING/PACKAGING COSTS The shipping/packaging costs are within Germany: 0€ for all instruments and small parts. European and worldwide shipping may be calculated and not charged as a flat rate. §5 WARRANTY AND COMPENSATION 1. Defects or damages that are due to culpable or improper handling or improper installation, as well as the use of unsuitable accessories or modifications 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 shall only be entitled to warranty claims to the extent described below if he expressly reserves these 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 fulfilled his obligation to inspect and report the damage in accordance with Section 2, Paragraph 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 warranty is otherwise determined in accordance with the statutory provisions. 7. Elbblech is only liable for damages other than those resulting from injury to life, body or health if these are based on intentional or grossly negligent actions or on culpable violation of a material contractual obligation by Elbblech. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. §6 PAYMENT CONDITIONS 1. Unless otherwise agreed in writing, Elbblech’s invoices are payable immediately and without deduction. 2. If the customer defaults on payment of the purchase price, the purchase price will be subject to interest at a rate of 5 percentage points above the respective base interest rate during the period of default. If Elbblech can prove that it has incurred greater damages as a result of the default, Elbblech is entitled to claim these damages. §7 RESERVATION OF TITLE 1. Until all claims against the customer have been paid in full, the delivered goods remain the property of Elbblech 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 any other measures that could 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 email) 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. To comply with the cancellation period, it is sufficient to send the cancellation or the goods in good time. Excluded from the right of return are consumables (care oils, etc.) and goods ordered, converted or manufactured specifically for the customer. The customer bears the freight costs for the return. Unpaid packages will not be accepted. The purchase price will be refunded subject to inspection for defects. If the goods show signs of use, the customer is obliged to compensate for the loss in value. The cancellation must be sent to: Elbblech Instrumentenhandel Felix Eilers, Hauptstr.94, 23879 Mölln or mail@elbblech.de 2. Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the service received 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 its inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as if it were your own property and refraining from doing anything that impairs its value. The costs of returning the item will not be refunded, but for sales within Germany, Elbblech will provide a return slip free of charge upon request. 3. Exclusion of the right of withdrawal: The right of withdrawal is excluded if goods are manufactured according to customer specifications or are clearly tailored to personal needs. §10 WARRANTY Elbblech Inh. Felix Eilers, (guarantor), grants all consumers the following geographically unlimited guarantee on goods sold by us: The first purchaser, i.e. the person who bought the goods directly from us (guarantee), has the right to have the defective goods repaired, a replacement without defects delivered or the purchase price refunded (guarantee claim) in the event of a defect in the purchased item occurring after the transfer of risk and which is not attributable to the fault of the purchaser or a third party after the transfer of risk, 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 costs of the outward and return shipping are borne by the guarantee holder. The following 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 wear and tear. Signs of wear and tear on instruments are only covered if they have occurred despite appropriate care of the instruments or due to proven poor workmanship. In other words: even expensive brass instruments can suffer from zinc corrosion and paint damage if they are not cared for, i.e. saliva and sweat are not removed. We are accommodating, but neither we nor the manufacturer can do anything about a lack of care. In addition to the claims arising from the above guarantee, the buyer has statutory warranty claims, which are not restricted by the guarantee. §11 FINAL PROVISION Should individual provisions of these Terms and Conditions not be applicable for whatever reason, this shall not affect the validity of the remaining provisions.