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Thorsten Theis
Elbachstr. 1
51580 Reichshof-Odenspiel
Tax Identification Number:
Finanzamt Gummersbach
5212/212/5246/0894
USt-Id No.: DE 81356189
General terms and conditions
Standing: August 2005, Version: 1.01
Herr Thorsten Theis
fine-string-instrument
Elbachstraße 1
51580 Reichshof-Odenspiel / Deutschland
Tel.: +49(0)2297 - 909410
Fax: +49(0)2297 - 909408
e-mail: mail@geigenhandel.com
USt.-Ident.Nr.: DE 81356189
1. General Terms
1.1
The following general terms and conditions are valid for all business
relations that are established between Mr Thorsten Theis, Elbachstraße
1 51580 Reichshof- Odenspiel (below: fine-string-instrument ) and
customers on the online marketplace eBay.
All services that the fine-string-instrument provides within the
framework of a contractual relationship occur accordingly upon the
basis of these contractual terms.
1.2
Customers in the sense of the terms and conditions at hand are consumers
as well as enterprisers.
1.2.1.
A consumer is to be regarded as every
natural person, with which a business relationship is established
and which acts upon a goal that is neither to apportion to commercial
activities nor independent professional activities.
1.2.2.
Enterprisers are every natural person or corporate body or any business
partnership having legal capacity with which a business relationship
is established and which acts upon commercial activities or independent
professional activities.
2. Contract conclusion
The settlement of a contract is directed toward the following itemised
provisions respective of the form of offer.
2.1
If the article appears within the context of a so-called online
auction, the binding offer towards the closure of a contract lies
within the activation of the offer website of eBay. This is addressed
toward the customer who makes the highest bid during the duration
of the auction and who fulfils any additional conditions specified.
The offer can be accepted during the individually determined time
period of the online auction and only over the bidding function
eBay offers on its commercial platform.
By making a bid, the customer accepts the offer. The offer expires
if a third party makes a higher bid during the period of the online
auction. The official eBay time is decisive for the period measurement
of the online auction. At the end of the determined period or in
the case of a premature conclusion of the online auction, the contract
will be concluded with the customer who has made the highest bid,
unless a deposited reserve price in connection to the offer has
not been obtained.
2.2.
A contract is concluded with the customer irrespective of the passing
of the period and without the implementation of an online auction
immediately at the quoted fixed price if the customer utilizes the
quoted fixed price option and fulfills any additional conditions
specified if an article appears within the framework of a so-called
online auction and is provided with a fixed price function (“buy-
immediately” or “immediate and new”).
The conclusion of the contract at the quoted fixed price is possible
in this case as long as no bid has been made for the so-called online
auction. If a reserve price has been deposited in connection with
the offer, a contract conclusion remains possible notwithstanding
whether even thereafter a bid has been made on the so-called online
auction until the reserve price has been obtained or transgressed.
2.3.
If an article appears only within the context of the fixed price
format, the binding offer with the quoted fix price towards the
closure of a contract lies within the activation of the offer website
of eBay. The contract conclusion with the customer results as soon
as the customer fulfils the conditions contained within the the
offer and has performed the “buy-immediately” or “immediate and
new” button.
3. Price and payment conditions
3.1
The prices listed in the offers are the final sale prices and contain
all price components including any taxes incurred. The prices do
not include packaging, freight, postage, or insurance, of which
the respective amount can be taken from the respective article description.
3.2
In the case of international deliveries (for example, in the case
of intra-community acquisitions), additional taxes and/or duties
(for example, customs) could have to be paid for by the customer.
3.3.
The customer commits himself to pay all amounts without deduction
within 10 (in words: ten) days after having received request for
payment. After unsuccessful deadline expiration, the customer will
be in delay of payment on the part of fine-string-instrument .
3.4
The customer has the right to summation only if his counterclaim
has been assessed as, or has been recognised through fine-string-instrument
as, being legally valid.
3.5
The consumer can practice the right of retention if his counterclaim
is based upon the same contractual relationship.
4. Delivery and Shipment
4.1
The delivery of the article will be carried out regularly by dispatch
type sequence and against cash in advance or against cash-on-delivery.
The customer must therefore pay the final sale plus the delivery
and dispatch costs in advance or upon delivery.
4.2
Generally, the delivery of the product takes place within one work
day after receipt of payment.
4.3
As far as no other agreement exists, the delivery of the product
will be carried out by the parcel service United Parcel Service
Express (UPS-Express).
5. Retention of title
5.1
fine-string-instrument retains title of ownership of sold articles
opposite consumers until the total purchase price plus any delivery
and shipment costs have been fully paid.
The title of ownership remains reserved (retention ware) opposite
enterprisers until all claims within the ongoing business relationship
have been completely settled.
5.2The customer is obligated to treat retention ware with care.
5.3
The costumer is obliged to provide fine-string-instrument third
parties access to the retention ware- for example, in the case of
distraint - to immediately disclose any damage or demolition upon
the product, and to provide all information and documents that are
essential for ensuring rights of ownership during the retention
of title.
5.4
fine-string-instrument is entitled to withdraw from the contract
and to demand the return of the product by customer conduct contrary
to contract- particularly in the case of delay in payment or in
the case of breach of obligation respective numeral 5.2 and 5.3.
6. Right of revocation and revocation consequences
Respective the utility of the distant sale contract regulations,
as a consumer, you have the right of revocation regarding those
products bought through us and respective of the following instruction:
6.1
You can revoke your contractual declaration within one month in
written form (for example by letter, fax, or e-mail) without statement
of reason, or by returning the product. The period stipulated begins
at the earliest at that point in time when the instruction has been
notified in written form, but not before the product delivery date.
The punctual mailing of the written revocation or product is necessary
to keep in with the stipulated revocation period. The revocation
is to be directed to the address listed below.
fine-string-instrument
Herr Thorsten Theis
Elbachstraße 1
51580 Reichshof-Odenspiel / Deutschland
Fax: +49(0)2297 - 909408
email: mail@geigenhandel.com
6.2.
The right of revocation does not exist respective § 312 paragraph
4. BGB (german civic law) amongst others for contract conclusions
for delivery of customer specified customized products or products
that have been customized towards the special needs of the customer.
6.3
In the case of an effective revocation, the received services from
both parties and any additional benefits drawn (for example, interest)
are to be returned.
If the received services cannot be fully or partially returned or
only be returned in deteriorated condition, the respective value
substitution must be reimbursed.
This is not valid when the deterioration of the product is due to
the testing of the product- as would be possible in a shop. Transportable
products are to be returned by mail, non- transportable products
will be picked up at the customer. The consumer must carry the mailing
costs if the delivered product is consistent with that what was
ordered and if the returned product is not worth more than 40, 00
Euro, or if the product is worth more than 40, 00 Euro and the consumer
has not produced a service in return or a by contract agreed upon
partial payment at the point of revocation. Otherwise the return
is cost-free for the consumer.
7. Damage notification opposite transport companies
7.1
The customer will control the delivered product. In the case of
externally discernable transport damage, the customer is obligated
to note this upon the respective shipping documents and let the
deliverer give him a receipt for it.
7.2
If the deficit or damage is not externally discernible, the customer
has to notify fine-string-instrument about the deficit within 5
(in words: five) days of delivery or at least notify the transport
company within 7 (in words: seven) days of delivery, in order to
warrant that any claims toward the transport company are asserted
in due time.
7.3
The customer will support fine-string-instrument to the best of
his abilities as far as claims toward the respective transport company
or transport insurance company are asserted.
7.4
Any rights and claims of the customer are not affected through this.
8. Warranty terms
Any product enquiries and/ or complaints are to be directed to fine-string-instrument
at the contact information cited above. Otherwise the following
warranty terms apply.
8.1
No warranty exists in the case of damages resulting from inappropriate
usage or treatment or inadequate care, the same is true for so-called
intentional wear and tear
8.1.1
After having finished playing, it is recommended that the instrument
be wiped off with a dry duster to avoid the sticky rosin dust from
settling upon the instrument.
8.1.2
The keeping of the instruments should occur in a case or suitcase.
The storage of the instruments next to a source of heat, for example
near or on a heater, should be avoided.
8.1.3
Storage in a case or suitcase is advisable.
8.2
According to legal guidelines, the customer only has claims upon
subsequent performance by defected delivered material.
8.2.1.
Toward enterprisers, fine-string-instrument renders of his own choice
warranty either by means of subsequent performance (reparation)
or compensation delivery.
8.2.2.
Customers, however, have the choice whether the subsequent performance
should occur in the form of amendment or compensation delivery,
as far as the latter is possible. In any case, fine-string-instrument
has the right to refuse the type of subsequent performance if it
is only possible with disproportional costs and the other type of
subsequent performance can be performed without significant disadvantages
for the customer.
8.3
An existing defect cannot be removed from the customer himself or
through a third party by means of so-called personal execution without
the approval of fine-string-instrument . Any expenditure accrued
herewith will not be reimbursed.
8.4
If the subsequent performance fails, the customer can demand a reduction
in compensation, withdrawal from the contract, compensation or replacement
of forlorn expenditure respective measurement of the legal guidelines.
If the customer chooses compensation or asserts replacement of forlorn
expenditure, liability limitations apply according to numeral 9
of these terms and conditions.
8.5
Used objects can show age typical signs of wear and tear, which
generally do not give reasons for defect. In addition, opposite
enterprisers, the sale of used objects excludes claims and rights
due to defects, regardless upon which legal grounds. This is true
for defects that have arisen after contract conclusion and before
the danger crossing. However, this warranty exclusion is not valid,
in as far as fine-string-instrument is liable after numeral 9 of
these terms and conditions or if it concerns the material rights
of a third party on the grounds that the handing over of the delivered
object can be demanded.
8.6
A limitation period for the rights of a consumer amount to two years
regarding defects upon new objects. A limitation period for the
rights of an enterpriser amount to one year after delivery of the
product. In the case of used objects, a limitation period for defect
claims of the customer amount to one year after delivery, unless
the defect claims of the customer are impossible (8.5).
With these periods associated lapse relieves are not valid in as
far as fine-string-instrument is liable after numeral 9 of these
terms and conditions or if it concerns the material rights of a
third party on the grounds that the handing over of the delivered
object can be demanded.
8.7
Enterprisers must report fine-string-instrument obvious defects
within a period of 14 (in words: fourteen) days after receipt of
the product in written form, otherwise the assertion of warranty
claims impossible. The timely sending of the defect notice is enough
for the period preservation.
9. Liability terms
9.1
By legal terms, fine-string-instrument is absolutely liable for
damages of the injury of life, body or health that are based upon
intentional or negligent duty injury as for other injury that based
upon a intentional or gross negligent duty injury as well as fraud.
In addition, fine-string-instrument is absolutely liable for damages
that are covered by the liability according to conclusive legal
regulations, such as the Product Liability Law, for example.
9.2
fine-string-instrument is liable for damages that are caused through
simple or slight negligence, as far as this negligence concerns
the injuries of those contractual duties, whose adherence is of
special significance for the achievement of the contractual purpose
(Cardinal duties).
Thereby the liability of fine-string-instrument is limited to the
predictable, contract typical, immediate average damages.
9.3
fine-string-instrument is liable toward the consumers in the case
of negligent injuries (simple or slight) of irrelevant contractual
duties. This is, however, limited to the predictable, contract typical,
immediate average damages.
9.4
Without consideration of the legal nature of the asserted claim,
proceeding liability is not possible.
10. Final terms
10.1
The law of the German Federal Republic is valid. For consumers who
have not concluded the contract for professional or commercial purposes,
this legal choice is valid only in so far as the granted protection
of the necessary terms of the legal state in which the consumer
has his usual residence has not been withdrawn.
10.2
The terms of the CISG (= United Nations Convention on Contracts
for the International Sale of Goods or United Nation sales law)
cannot be applied.
10.3
If the customer has no court of jurisdiction in Germany or if the
domicile or usual residence is not known at the point of institution
of proceedings, the exclusive court of jurisdiction for all disputes
concerning this contract is also the company headquarters of fine-string-instrument.
The authority to call upon the court in another legal court of jurisdiction
stays unaffected from this.
Disclaimer
1. Content
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect,will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
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