General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (David Barfuss Guitar Pickups GmbH) via the
the website david barfuss guitar pickups. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is
own terms and conditions used by you.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are
which cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any
natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their
independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and/or the provision of repair services.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping basket system.
The goods and/or repair services intended for purchase are stored in the "shopping basket". Via the corresponding
Button in the navigation bar you can call up the "shopping basket" and make changes there at any time. After clicking on the
Button "Checkout" or "Continue to order" (or similar) and entering your personal data and the terms of payment and despatch, you will be
and shipping conditions, the order data will be displayed as an order overview.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via
the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay" or a similar designation), you are placing your order
order" or similar designation) you are submitting a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail),
in which the fulfilment of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound by your order. Any services already
services already rendered will be refunded immediately in this case.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will provide you with a binding offer in
Text form (e.g. by e-mail), which you can accept within 5 days (unless another period is stated in the respective offer)
can.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out via
Partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically
Receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Provision of services for repairs
(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description
Repair work. We shall perform this work to the best of our knowledge and belief, either personally or through third parties.
(2) You are obliged to co-operate, in particular you must describe the existing defect in the device as comprehensively as possible and make the defective device available to us
possible and to make the defective device available.
(3) You shall bear the costs for sending the defective device to us.
(4) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, shall be carried out
within 5 - 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction)
Payment instruction).
(5) If you make use of your right of cancellation in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum
Remuneration if performance has not yet begun. However, this only applies if the statutory right of cancellation exists,
if you only exercise your right of cancellation after the cancellation period has expired. You reserve the right to prove that we
have actually incurred no costs or significantly lower costs.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage
and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect
Effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed by us prior to
You were informed of this by us prior to submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties
between the contracting parties.
§ 6 Choice of law, place of fulfilment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not conflict with the mandatory provisions of the law
of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a
Consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies
the same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought
is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this
shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. Identity of the seller
David Barfuss Guitar Pickups
Neustrasse 28
65597 Huenfelden
Germany
Phone: +496438925928
E-Mail: davidbarfuss@web.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available
at https://ec.europa.eu/consumers/odr
.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. the contract language is German.
3.2. the complete text of the contract is not stored by us. Before sending the order via the online shopping basket system, the contract data can be
the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us
the order data, the information required by law for distance selling contracts and the General Terms and
Terms and conditions will be sent to you again by e-mail.
3.3. in the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form
Offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. we have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at
at: https://www.haendlerbund.de/
de/downloads/kaeufersiegel/
buyer seal
certification criteria.pdf
.
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment modalities
6.1. the prices quoted in the respective offers as well as the shipping costs represent total prices. They include all
Price components including all applicable taxes.
6.2. the shipping costs incurred are not included in the purchase price. They are to be paid via a correspondingly labelled button on our
Internet presence or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you
you must bear the additional costs unless free delivery has been agreed.
6.3. if the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as
Such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you
by you.
6.4. any money transfer costs incurred (bank transfer or exchange rate fees) shall be borne by you in those cases in which the delivery is made to a foreign country
you must bear the costs of the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5. the payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer
or in the respective offer.
6.6. unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately
Due for payment immediately.
7. Terms of delivery
7.1. the terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website
designated button on our website or in the respective offer.
7.2. if you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during dispatch only passes to the customer
of the goods sold during despatch only passes to you when the goods are handed over, irrespective of whether the despatch is insured or uninsured
insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or
a person otherwise appointed to carry out the despatch.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9. Cancellation
9.1. information on the cancellation of the contract and the cancellation conditions can be found in the regulations on "Repair services"
in our General Terms and Conditions (Part I) and in the respective offer.
These General Terms and Conditions and customer information have been drawn up by the lawyers of the Händlerbund who specialise in IT law and are
permanently checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of
warnings. You can find more information on this at: https://www.haendlerbund.de/
en/services/
legal security/agb-service
.
last update: 22.10.2024