General Terms and Conditions
§1 Scope and provider
For the business relations between
Rockinger Guitars GmbH
30179 Hannover, Germany
Office Register Hannover HRB 1057
and consumers (§ 13 BGB) are subject to these General Terms and Conditions (AGB). A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
Mondays to Thursdays 9:00 a.m. - 5:00 p.m. and Fridays from 9:00 a.m. to 4:00 p.m.
Telephone: +49 511 283000
§2 Conclusion of contract
2.1 The presentation of the goods in the online shop does not constitute a binding contractual offer on our part. The contract between the customer and us is only concluded when the customer places an order and we accept it. In the event of acceptance, we will send an order confirmation by email. Sending the ordered goods to the customer is equivalent to an express declaration of acceptance.
2.2 Should it transpire after conclusion of the contract that a product is no longer available, we are entitled to cancel the order. In this case you will be notified by us. If you have already paid a consideration (e.g. payment in advance), this will be refunded immediately.
2.3 The contract language is German.
2.4 The text of the contract will not be saved.
2.5 The customer can order in our store by going through the following steps:
a. By clicking on the shopping cart icon, items are placed in the shopping cart without obligation. All items that have been placed in the shopping cart can be viewed directly on the respective page at the top right under the tab of the shopping cart symbol. If you click on "Edit shopping cart" there, you will be taken to the order process and can view the details of the goods placed in the shopping cart. Here you can delete items or change the quantity.
b. During the ordering process, customers who are already registered and have not yet logged in can log in with their access data. New customers are asked to enter their order details individually and to register. Changes to the billing or delivery address can also be made here.
c. The "Continue" button takes you to the payment options. The payment method can be selected here and the shipping costs are displayed. Then click on "Next" to go to the "Complete order" overview page.
d. Before the order is sent, an overview of all the data (in particular billing and delivery address, product, price, quantity, payment method) of the planned order is provided on the "Complete order" overview page. The data can also be corrected or changed there.
e. The order is sent via the "Buy now" button. This is a binding offer on the part of the customer to conclude a purchase contract.
§3 Legal right of revocation
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Rockinger Guitars GmbH, Lilienthalstr. 2a, 30179 Hannover, Germany, phone: 0511-283000, fax: 0511-283001, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you revoke this contract, we must repay all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notified us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
§4 Prices and shipping costs
4.1 The prices stated on the product pages include the value added tax applicable in Germany plus any shipping costs. For errors or price entry errors in the creation of our online store, we assume no liability, prices are subject to change.
4.2 In addition to the stated prices, we charge a flat rate of 4.50 Euro per order for delivery within Germany. From 100, - Euro value of goods we deliver within Germany postage free. The shipping costs will be clearly communicated to you again on the product pages, in the shopping cart system and on the order page.
4.3 If payment is made by cash on delivery, an additional fee of 5 euros will be charged. This fee is also charged for orders over 100,- Euro value of goods.
4.4 For international deliveries within Europe, shipping costs are calculated as a lump sum, i.e. regardless of weight and order value. An overview can be found under shipping information.
4.5 For international deliveries to other countries, shipping costs are calculated according to weight and recipient country. A price information is therefore only possible if you tell us what you want to order.
4.6 For deliveries to countries that are not part of the EU (e.g. Switzerland), additional customs duties and fees will be charged to the customer.
5.1 The delivery takes place within Germany with DHL. International deliveries are made by DHL or FedEx depending on the country of delivery.
5.2 If not all ordered items are in stock, we are entitled to partial delivery at our expense.
§6 Terms of payment
6.1 Depending on the country of delivery, payment shall be made in advance, by credit card (MasterCard, Visa), Paypal or cash on delivery.
6.2 If you choose payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
6.3 The payment method cash on delivery is only available for deliveries within Germany and only from a value of goods of 50,- Euro.
§7 Retention of title
The goods remain our property until full payment has been received.
§8 Transport damage
Please inspect the goods for transport damage immediately upon receipt. If there is any transport damage, please notify us immediately in writing. Any packaging damage must be confirmed in writing by the transport company when accepting the package. Please note that the modalities mentioned in this paragraph are not a prerequisite for the effective exercise of the right of cancellation or the assertion of warranty claims.
The warranty is provided in accordance with the german statutory provisions.
10.1 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer with habitual residence within the EU, the mandatory consumer protection provisions of the customer's country of residence shall also apply.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, Hanover shall be the exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and Rockinger Guitars GmbH.
$11 Alternative dispute resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§12 Closing provision
Should individual provisions of these GTC - for whatever reason - not apply, the validity of the remaining provisions shall not be affected.