Terms and conditions
General terms and conditions and data protection declaration
§ 1 scope
For business relationships with the customer, the following general terms and conditions apply in the version valid at the time of the order for orders via the internet shop.
§ 2 conclusion of contract
The presentation of our products on our website only includes an invitation to the customer to submit a contract offer.
By sending an order, the customer submits an offer within the meaning of §145 BGB. The customer will receive confirmation of receipt of the order by email. We will notify the customer separately of any errors in the information on the range on our website and submit a corresponding counter offer.
The customer waives the receipt of a declaration of acceptance, §151 S.1 BGB. The contract with us comes into being when we accept the customer's offer in writing or in text form within 10 days or send the ordered goods. A contract is only concluded in the case of an advance payment or an equivalent payment method if the customer receives a prepayment invoice or pro forma invoice in writing or in text form and if the corresponding payment is made within 14 days of receipt.
§ 3 delivery, shipping costs, transfer of risk
(1) We are entitled to make partial deliveries if part of the goods ordered is temporarily not available. In the case of a consumer goods contract in Germany, we always bear additional shipping costs.
(2) Delivery is made at the shipping costs shown in the individual case. Delivery is at the risk of the customer. As soon as we have handed over the goods to a transport company, the risk passes to the customer. This also applies to partial deliveries. The delivery is made to the delivery address specified by the customer. If the buyer is a consumer within the meaning of Section 13 of the German Civil Code, the risk of accidental loss and accidental deterioration of the thing sold, even in the case of a mail order purchase, only passes to the buyer when the item is handed over. The handover is the same if the buyer is in default of acceptance.
(3) The goods are to be inspected for transport damage immediately after receipt by the customer or his representative. Ascertainable transport damage must be reported immediately in writing. Damage to packaging must be confirmed in writing by the transport company upon acceptance of the goods.
(4) Claims for damages against the company Cotton Musical Supply / Jürgen Kirschner due to non-performance or delay are excluded insofar as there is no willful intent or gross negligence.
(5) does not apply
(6) Goods deliveries outside the European Union and Switzerland may incur import duties (customs duties); These are to be borne by the buyer.
§ 4 retention of title
The delivered goods remain our property until the purchase price has been paid in full. The extended retention of title applies.
§ 5 warranty and claim for damages
(1) Information and information regarding the use and suitability of the goods supplied by us are non-binding and do not entitle to claims for damages. In addition, it is guaranteed that the goods have an agreed quality at the time of delivery or that they are free from material defects. This means that the goods are suitable for the use stipulated in the contract or are suitable for normal use and have a quality that is common for things of the same type and that the customer receives based on the type of thing and / or our announcement or the manufacturer can expect. Properties of the goods according to our information, labeling or advertising are only part of the agreed quality towards entrepreneurs if this is expressly stated in the offer, confirmed by us in writing or marked in the order confirmation.
(2) The warranty period for new items is 24 months. The period begins with transfer of risk. The warranty period for used items is one year. If the customer is an entrepreneur within the meaning of §14 BGB, the warranty period for new items is one year and for used items six months from the transfer of risk.
(3) Defects or damage resulting from culpable or improper handling or improper installation as well as use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by Cotton Musical Supply / Jürgen Kirschner are also excluded from the warranty .
(4) Natural wear and tear is also excluded from the warranty.
(5) If the customer accepts the goods or the object of the order despite knowledge of a defect, he is only entitled to warranty claims to the extent described below if he expressly reserves these in writing immediately upon receipt of the goods.
(6) Warranty claims due to existing transport damage are only available to the customer if he has fulfilled his obligation to inspect and report immediately. The customer must immediately check the delivery of goods for transport damage and notify the freight forwarder or Cotton Musical Supply / Jürgen Kirschner. This does not apply if the customer is a consumer within the meaning of §13 BGB.
(7) Otherwise, the warranty is based on the statutory provisions.
(8) All computer items and all parts subject to wear, such as e.g., are excluded from a quality or durability guarantee. Strings, lamps, headlights, faders, sticks, accumulators or batteries, all tubes, even if they are installed, etc., as they are subject to a use-related or natural closure.
(9) Cotton Musical Supply / Jürgen Kirschner is only liable for damage other than injury to life, limb and health, insofar as this is due to willful or grossly negligent acts or culpable violation of an essential contractual obligation by Cotton Musical Supply / Jürgen Kirschner or vicarious agents (e.g. the delivery service) of Cotton Musical Supply / Jürgen Kirschner. Liability, in particular for damage that has not occurred to the goods themselves, as well as for other financial losses, is excluded, provided that the damage is not merely due to slight negligence on our part. The limitation of liability also does not apply to damage caused by the absence of a condition that we have guaranteed. Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected. If an essential contractual obligation is negligent, the liability of Cotton Musical Supply / Jürgen Kirschner is limited to the foreseeable damage
§ 6 consumer information in distance contracts for the purchase of goods
a) We are not subject to special codes of conduct not mentioned above. b) Any input errors when placing your order can be recognized in the final confirmation before the checkout and corrected at any time using the delete and change function before sending the order. c) The essential characteristics of the goods we offer and the period of validity of limited offers can be found in the individual product descriptions on our website. d) The language available for the conclusion of the contract is exclusively German. e) You can raise complaints and warranty claims at the address given in the provider identification. f) You can save the contract text to your computer by clicking the right mouse button on your browser or print it out using the print function of your browser. The contract text for orders in our internet shop is not accessible to third parties. The contract will also be stored by us. g) For information on payment, delivery or fulfillment, please refer to the offer. h) In the online shop, you will be informed about options for recognizing and correcting input errors as part of the order process i) Only customers who are consumers within the meaning of the law are granted a right of withdrawal.
§ 7 data protection notice
You consent to the storage, processing and use of the personal data transmitted to us by your order for the purpose of executing your order. When making a purchase, your personal data (name and address) will be transmitted to us. This data is processed and stored in accordance with the statutory provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). Your data will not be passed on to third parties, except for the companies involved in the execution of the contract. You have the right to receive free information about the data stored about you. You have the right to withdraw your consent to the storage of your data at any time with future effect. In these cases, please contact us at the address given in the imprint.
§ 8 Miscellaneous
The law of the Federal Republic of Germany applies to the contractual relationship between us and the customer and to the respective terms and conditions. If the customer is a consumer, the existing legal regulations and rights in accordance with the law of the customer's country of residence in favor of the consumer remain unaffected by this agreement. The application of UN sales law is excluded. The exclusive place of jurisdiction is the district court of our place of business insofar as the customer is a merchant within the meaning of the HGB or a corporation under public law. We reserve the right to sue at the customer's location.
§ 9 dispute settlement procedure before a consumer arbitration board
Cotton Musical Supply / Jürgen Kirschner is not willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 10 Severability clause
If individual provisions of this contract should not be legally effective in whole or in part or lose their legal effectiveness later, the validity of the rest of the contract is not affected.