General Terms and Conditions
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (KORN e.K.) via the www.musikhaus-korn.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A 'consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term 'businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. If you used an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofortüberweisung) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's 'back' function) or cancel the purchase transaction. By clicking the "purchase" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) Payment by "secupay credit card", "secupay direct debit" or "secupay purchase on account"
For payment methods like "secupay credit card", "secupay direct debit" or "secupay purchase on account", we irrevocably and fully cede our payment claim against you to secupay AG Goethestr. 6, 01896 Pulsnitz. Before accepting the transfer, secupay AG shall undertake a credit check, using the data provided during the order. We reserve the right to refuse your selected form of payment as a result of the credit check. You will be informed about this prior to the dispatch of your order.
If the "secupay credit card" or "secupay direct debit" form of payment is permitted, secupay AG accepts the cession and subsequently collects the payment via your credit card or a direct debit operation associated with your account. The debiting of your bank account or credit card account takes place upon completion of the order. With the approval of the "secupay purchase on account" form of payment, secupay AG accepts the cession, and the ordered product is delivered or dispatched to you along with the bill. The purchase price is payable to secupay AG, Goethestraße 6, 01896 Pulsnitz within 10 (ten) calendar days after the products are delivered.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not apply in situations involving culpably caused damages that can be attributed to the supplier and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on the part of the supplier or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).
(3) If you are a businessman, the following shall apply, despite the contents of paragraph 1:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) You undertake to promptly examine the goods and pay necessary attention to quality and quantity variances and to notify us in writing (via E-mail, for example) of apparent defects within seven days of receipt; timely dispatch will be sufficient for observing the deadline. This also applies to hidden defects that are detected at a later stage (from the time of discovery onwards). Warranty claims cannot be raised if the obligation to inspect and the obligation to give notice of defects are not fulfilled.
c) In case of defects, we provide guarantee through repair or replacement at our own discretion. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
d) The warranty period amounts to a period of one year after delivery of the product. The shortened warranty period does not apply in situations involving culpably caused damages that can be attributed to us and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit or contribution claims as per §§ 478 and 479 of the BGB (German Civil Code).
§ 6 The three-year warranty
In addition to the legal breach of warranty we afford you a warranty for all products that were bought at Musikhaus Korn with the provision of the following clauses.
The legal rights of the customer (§ 434-453 German Civil Code) are not restricted through the three-year warranty.
(1) The warranty time amounts three years from the date of purchase. The warranty is valid for the area of the European Union and Switzerland.
(2) During the warranty time devices that are damaged because of material or producing defects can be repaired or replaced at our opinion. Replaced devices or single parts become our property. Whether the warranty services affect no extension of the warranty time nor do they start up a new warranty.
(3) Warranty claims have to be announced immediately after recognising the defect within the warranty time.
(4) For the enforcement of the warranty the following steps are necessary:
Please contact the customer service in advance via E-mail, Telefax or Phone. Subsequently you can send the damaged device along with the original proof of purchase or a similar proof to the mentioned service address. If the damage is part of our warranty service you will get a repaired or new device back.
We pay the return costs to you.
The warranty demand has to be claimed opposites to:
Owner: Denis Korn
(5) Warranty demands are invalid in case of:
- B-stock and C-stock goods
- Improper and incorrect use
- Damages through environmental influences (wetness, heat, overvoltage, dust, etc.)
- Non-observing the safety precautions for the device
- Inobservance of the instruction manual
- Assault (e.g. beat, kick, drop)
- Intervention of service address that was not authorised by us
- Repairing on one's own authority
- Transmittal in a package that is not secured for the transportation
- Products that are defeated by use-conditioned and other natural wear (guitar strings, lamps, fader, sticks, batteries, etc.)
(6) Damages and defects can be removed against reimbursement of costs. For an individual offer please contact our customer service.
The shipping costs will also be charged by you.
§ 7 Liability
(1) We also provide unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, we provide liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part IV) and General Terms and Conditions (Part I).
(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term 'important contractual obligations' refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
(5) The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the internet will take place in an error-free manner characterised by permanent availability. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 8 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Terms and Conditions and Data Protection Provisions for "Ratenkauf" by easyCredit
The following terms and conditions shall apply between you and the retailer for all contracts concluded with the retailer for which "Ratenkauf" by easyCredit (hereinafter referred to as "Ratenkauf") is used.
In the event of dispute the general terms and conditions contained herein shall take precedence over any general terms and conditions of the retailer.
A "Ratenkauf" shall only be made available to customers who are deemed to be consumers according to § 13 BGB (the German civil code) and are aged 18 or over.
The retailer, with the support of the TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG), shall provide "Ratenkauf" as a further payment option for your purchase on the internet.
The retailer shall be entitled to determine your credit worthiness. For further details please refer to the "Ratenkauf" data protection provisions (see below, figure II). In the event that the use of "Ratenkauf" is not possible due to insufficient credit worthiness or turnover limitations on the part of the retailer, the retailer shall be entitled to offer you an alternative payment option.
The contract for a "Ratenkauf" shall be concluded between you and the retailer. By using "Ratenkauf" you choose to pay the purchase price in monthly instalments. For an agreed fixed duration, monthly instalments shall be paid. In certain circumstances, the final payment may differ from the previous instalments. The goods shall remain the property of the retailer until payment has been made in full.
The receivables accrued through the use of "Ratenkauf" shall be assigned to the Teambank AG in the form of an ongoing factoring agreement. Payments leading to a discharge of the debt may only be made to the Teambank AG.
3. Payment of Instalments by SEPA Direct Debit
Through the SEPA direct debit mandate issued with the "Ratenkauf" you authorise the Teambank AG to debit the outstanding payments from the current account indicated during the order process held at the bank specified by way of SEPA direct debit.
The Teambank AG shall give notice of the direct debit by e-mail at the latest one calendar day before the direct debit is due (pre-notification). The direct debit shall be executed no earlier than the date indicated in the pre-notification. The transaction can be carried out after but near to the due date.
If there is a reduction in the purchase price (e.g. through customer credit) between the pre-notification and the due date, the amount debited may differ from the amount stated in the pre-notification.
You are responsible for ensuring that your current account holds sufficient funds at the time that the payment is due. Your bank is not obliged to honour the direct debit in the event that your current account does not hold sufficient funds.
If, due to a lack of funds held in the current account, an unjustified refusal by the account holder or account closure, the direct debit is returned, you shall be, without further reminders, deemed to be in default, unless the direct debit was returned in circumstances for which you were not liable.
The charges resulting from a returned direct debit shall be passed on to you and shall be settled by you.
In the event of default, the TeamBank AG shall be entitled to charge an appropriate reminder fee or interest on arrears at a rate of five percentage points higher than the base rate of the European Central Bank.
Due to the high costs associated with returned direct debits, we ask you not to refuse direct debits in the event of withdrawal from the purchase contract, returning the product or making a complaint. In such cases a reverse transfer will be made in agreement with the retailer or the account will be credited.
III. "Ratenkauf" Data Protection Provisions
For your order with the retailer you would like to use "Ratenkauf" by easyCredit from Teambank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG). The retailer shall work together with the TeamBank AG who will help the retailer determine the probability that orderly payment will be made. In order to carry out this risk assessment, the retailer is required to transfer your customer data to the Teambank AG.
To carry out the risk assessment the TeamBank AG requires your consent to transfer selected data to credit agencies and other cooperation partners.
Data will only be transferred with your expressed agreement in a separate declaration of consent. The declaration of consent is entirely voluntary. Please understand however that without this declaration you will not be able to use "Ratenkauf".
Data Transfer from the Retailer to the TeamBank AG
Data will be transferred from the retailer to the TeamBank AG providing you have given the retailer your consent. This shall include personal data, contact data and data concerning current and past orders.
Collection of Credit Worthiness and Risk Information through the Teambank AG
Providing that you give the Teambank AG your consent, credit worthiness and risk information shall be collected from credit agencies and further cooperation partners.
The credit worthiness data is concerned with information which provides an insight into your credit worthiness such as for example, information about receivables with an enforcement judgement against you, and other credit worthiness information insofar as this usage is in accordance with the relevant data protection regulations.
In order to prevent fraud, risk information shall be obtained from cooperation partners. The cooperation partner will collect and process data using cookies and other tracking technology to identify the device of the website visitor and further data concerning the usage of the website.
Assignment of receivables to the TeamBank AG
The receivables accrued through the use of "Ratenkauf" shall be assigned from the retailer to the TeamBank AG in the form of an ongoing factoring agreement. The TeamBank AG shall process and use your customer data where necessary to assert and enforce the assigned receivables.
Your right to revocation, information, amendment, blocking and deletion
You may revoke the contract at any time with future effect. Furthermore, you are entitled to information, amendment, blocking, and the deletion of your personal data. Please direct your requests to the retailer's address shown on their website.
Concerning data stored with credit agencies, the relevant information can be obtained from the respective credit agency:
- Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss
- SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden
- Infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden
Additionally, we would draw your attention to the data protection provisions of the retailer.
IV. Customer information
1. Identity of the seller
Musikhaus Korn - Division of KORN e.K.
Owner: Denis Korn
Telephone: 03435 98 800
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/consumers/odr/.
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 of our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
7.1 The liability for defects associated with our goods is geared towards the 'Warranty' provision in our standard business terms (part I).
7.2 As a user, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
8. Information for battery disposal
In connection with the sale of batteries or with the delivery of devices that contain batteries, are are under obligation to bring the following to your attention: As the end user, you are legally under obligation to return used batteries. You can return old batteries, which offer or have offered in our new battery assortment, free of charge to our dispatch warehouse (dispatch address). The symbols showed on the batteries have the following meaning:
The symbol of the crossed-out dustbin means that the battery may not be discarded with the household waste.
Pb = Battery contains more than 0.004 percent by mass of Lead
Cd = Battery contains more than 0.002 percent by mass of Cadmium
Hg = Battery contains more than 0.0005 percent by mass of Mercury.
Please pay attention to the above instructions
V. Electrical and electronic equipment – Information for private households
The electrical and electronic equipment law (ElektroG) contains a variety of requirements for handling electrical and electronic equipment. The most important ones are listed here.
1. Separate collection of old appliances
Electrical and electronic equipment which became waste are called electronic waste (WEEE). Owners of WEEE are required to place it in a collection separate from that for unsorted domestic waste. Electronic components do not belong in normal household waste but in special collection and return systems.
2. Batteries and storage batteries
Holders of electronic waste generally need to separate spent batteries and accumulators which are not surrounded from the electronic waste before delivering it to the registration location. This does not apply insofar as the electronic waste is returned to public sector disposal organisations and separated there for the purpose of preparation of reuse of other electronic waste.
3. Possibilities of return of old devices
Holders of electronic waste from private households can return them to the collection points operated by waste disposal companies or to the collection points from manufacturers or distributors in the sense of ElektroG. Here you can find an online directory of the collection points: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.jsf
4. Data protection
Electronic waste often contains sensitive personal data. This applies in particular for IT and telecommunications equipment as computer and smartphones. Please note in your own interest that each user is responsible for the cancellation of data from the products disposed.
5. Meaning oft the symbol "crossed-out wheelie bin"
The crossed-out wheelie bin on all electrical and electronic equipment points out that the device is collected separately from unsorted domestic waste at the end of its life-cycle.
6. Further information
We are member of the return system "take-e-back". You will find further information at www.take-e-back.de .
last update: 26.04.2018