1. General and Purview
The following GTC are valid for all concluded contracts of deliveries of goods via distance selling on www.sniperguitars.de between the Guitar Master Plan GmbH, Arcadiastraße 20, 40472 Düsseldorf, E-Mail: firstname.lastname@example.org, Telefon: 0211 97634130, (Owner of the Online-Shop www.sniperguitars.de - referred to as "Vendor" in the following) and the Buyer. The Vendor does not recognize and herewith explicitly contradicts any terms and conditions opposing or differing from those stated here. Differing GTC enquired by the buyer, additional agreements and/or subsidiary agreements are only valid with the explicit consent on behalf of the Vendor. This consent must be at least in the shape of text manner. Legal regulations regarding the priority of individual agreements remain unaffected.
These GTCs sometimes contain different regulations for consumer and entrepreneur.
Consumer ist defined, according to § 13 of the German Civil Code ("BGB"), as any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Entrepreneur ist defined, according to § 13 of the German Civil Code ("BGB"), as a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the ability to acquire rights and incur liabilities.
2. Offer and conclusion of contract
2.1. The offers of the Vendor at www.sniperguitars.de are non-committal catalog offers. The Buyer can add one or more articles to the virtual shopping cart. He gets from the shopping cart to the checkout by clicking the button "Checkout". After entering the personal information required for the order and the other information necessary for the execution of the order, the Buyer makes a binding offer to purchase the respective articles by clicking on the button "Buy now" as the last step of the ordering process. The Buyer has the option to review his data before the final click on the button "Buy now" and, if necessary, to edit the respective by clicking the button "Edit". To do this, he can click on the respective previous order step to get to the corresponding page of the order processing and change the respective information there.
2.2. If the Buyer has completed the ordering process, the Vendor immediately confirms receipt of the order by e-mail. His confirmation of receipt does not yet represent a binding acceptance of the order. The sales contract is concluded with the order confirmation or delivery of the goods by the Vendor. The order confirmation is sent to the Buyer via e-mail. If the Buyer does not receive an order confirmation or a delivery of the goods within three (3) days, he is no longer bound to his order.
The Vendor's prices quoted to consumers include the statutory value-added tax applicable at the time.
4.1. The Buyer can find the delivery time in the table under Shipping and Delivery times.
4.2. The Vendor is entitled to partial delivery, as far as this is reasonable for the Buyer. Moreover, for consumers, this only applies if the consumer's interest in the entire contract has not ceased to exist as a result of the partial default or the partial delivery. The burden of proof for this as well as for the reasonableness lies with the Vendor in case of dispute. For partial deliveries, additional shipping costs will only be incurred if this has been explicitly agreed upon. Partial delivery within the meaning of these terms and conditions are always regarded to be the delivery of an order in several partial consignments/pieces. The Vendor is not entitled to other partial performances without prior explicit agreement with the Buyer.
4.3. If the Buyer is a consumer, the Seller shall bear the risk of shipment in any case, irrespective of the mode of shipment, unless the Buyer has hired the haulage contractor, the carrier or the person or institution otherwise designated to carry out the shipment without the Seller having previously designated this person or institution to the Buyer.
4.4. If the Buyer is an entrepreneur, all risks and dangers of the shipment shall pass to the Buyer as soon as the goods have been handed over by the Vendor to the contracted logistics partner.
5. Terms of Payment
5.1. The Buyer can select between several Terms of Payment.
5.2. When selecting a payment method offered by the payment service "Shopify Payments", the payment processing is carried out by the payment service provider Shopify International Limited, Victoria Buildings, 2. floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (referred to as „Shopify“ in the following). The individual payment methods offered by Shopify are communicated to the customer in the Vendor's online store. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, which will be pointed out to the customer separately if necessary. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments.
5.3. For the payment methods prepayment, PayPal and credit card, payment is due immediately upon conclusion of the contract. For payment by credit card, the debit of the Buyer's credit card account takes place with the completion of the order. In the case of collect on delivery, the purchase price plus any shipping costs incurred is to be paid in cash to the contracted carrier. For the payment method "on account" the amount is due for payment within 14 days after receipt of the goods. In case of payment Electronic direct debit transfer, the amount will be debited from the Buyer's account immediately after the shipment of the goods, about which the buyer will be informed by mail.
5.4. In the event of unauthorized recall, so-called charge back, of credit card payments, the Vendor will charge the respective bank fees incurred as well as € 5.00 for each reminder.
5.5. In the event of default in payment by the Buyer, the statutory regulations on default apply. According to § 288 BGB (German Civil Code), the interest rate for a consumer is 5 percentage points above the base interest rate per annum and for an entrepreneur 9 percentage points above the base interest rate per annum.
5.6. Unless counterclaims arise from the same contractual relationship, the Buyer shall only be entitled to offset rights if his counterclaims have been legally established, are undisputed or have been acknowledged by the Vendor.
5.7. If the Buyer is an entrepreneur, he shall not be entitled to any rights of retention, unless they relate to counterclaims arising from the same contractual relationship, if his asserted counterclaims are disputed by the Vendor, or if they have not been finally determined by a court of law or are ready for a decision.
5.8. After the shipping of the goods, the Buyer will receive an invoice sent to the billing address indicated at the time of the order. It is the responsibility of the Buyer to check all data provided for accuracy and completeness before sending the order form. A claim for subsequent correction of the invoice exists only if the invoice data does not match the data in the completed order form. A subsequent change of the invoice addressee, e.g. from a private to a business buyer or vice versa, shall not take place.
6. Warranty / Liability
6.1. With regard to the liability for material defects (warranty), the statutory provisions apply. The Buyer is entitled to a statutory liability for material defects.
6.2. In the case of contracts with entrepreneurs or legal entities under public law, the following shall apply:
a. The Buyer's material defect claims shall become statute-barred 12 months after the passing of risk.
b. Obvious defects must be reported within a period of 14 days, otherwise they are considered approved. Shortages are to be reported within 4 days.
c. If the transaction is a commercial transaction for both parties, the Buyer shall, in deviation from clause b., comply with the obligations of § 377 HGB (German Commercial Code), i.e. inspect the goods immediately after delivery by the Vendor, as far as this is feasible in the ordinary course of business, and, if a defect or a shortage becomes apparent, notify the Vendor immediately. In the event of omitted or delayed, i.e. not immediate, notification, the goods shall be considered as approved. Hidden defects must be reported immediately after their discovery, otherwise, in the event of failure to report or late reporting, they shall also be considered approved .
d. In the event of a defect in the purchased item, the Vendor shall be entitled, at his discretion, to supplementary performance in the form of rectification of the defect or delivery of a defect-free item. The Buyer shall grant the Vendor a reasonable period of time for supplementary performance; varying according to the actual circumstances of the individual case, but not less than 7 days. The Vendor shall bear the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs. In the event of supplementary performance, the Vendor shall bear the necessary expenses only up to the amount of the purchase price.
e. If the rectification of defects within the meaning of § 440 BGB (German Civil Code) fails, the Buyer may, at his discretion, demand rescission of the contract or a price reduction.
g. Further claims of the Buyer, in particular for consequential harm caused by a defect, shall be excluded as a matter of principle. This shall not affect the unlimited liability for damages arising from injury to life, body or health and other damages based on a negligent or grossly negligent breach of duty by the Vendor or an intentional or negligent breach of duty by a legal representative or vicarious agent. The unlimited liability shall also apply in the event of breach of contractual cardinal obligations, i.e. such contractual obligations on the fulfillment of which the Buyer relies and may rely. Apart from that, liability shall be limited to the damage typically arising in the course of the commercial transactions underlying these GTCs.
h. A liability according to the German Product Liability Act remains unaffected.
i. The statutory limitation period within a delivery recourse according to §§ 478,479 BGB remains unaffected.
7. retention of title
7.1. The delivered goods remain the property of the Vendor until the purchase price has been paid in full.
7.2. The following applies towards Buyers who are entrepreneurs:
a. The Vendor reserves title of the goods ( reserved goods) until receipt of all payments arising from the business relationship with the Buyer.
b. If the Buyer fails to meet his payment obligation despite a reminder setting a deadline, the Seller may demand the restitution of the goods subject to retention of title still owned by the Seller without setting any further prior deadline. The transport costs incurred in this connection shall be borne by the Buyer. The redemption of the goods subject to retention of title by the Vendor shall always constitute a rescission of the contract.. The Vendor shall be entitled to utilize the reserved goods after they have been received back. The revenue from the utilization shall be credited against the liabilities of the Buyer - less reasonable utilization costs.
c. The Buyer shall immediately notify the Vendor in writing of any third-party access, in particular of compulsory enforcement measures and other impairments to his property. The Buyer shall compensate the Vendor for all damages and costs incurred as a result of a breach of this obligation and as a result of necessary intervention measures against access by third parties, in particular an action pursuant to § 771 of the German Code of Civil Procedure (ZPO).
7.3. The Buyer shall be entitled to resell the reserved goods in the ordinary course of business. However, the Buyer assigns to the Seller the receivables in the amount of the final invoice amount agreed with the Vendor (including value added tax) which arise for the Buyer from the resale of the goods subject to retention of title against its customers or other third parties; this assignment shall apply irrespective of whether the purchased item has been resold without or after processing. The Buyer remains authorized to collect the claim even after the assignment. The Vendor's authority to collect the claim himself shall remain unaffected by this. However, the Vendor will not make use of this authority as long as the Buyer meets his payment obligations. As soon as the Purchaser is in default of payment or he has filed an application for the opening of insolvency proceedings or payments have been suspended, the Vendor may demand that he be notified of all assigned receivables and their debtors, that the debtors be informed of the assignment and that the Buyer hands over to him all documents and information necessary for collection and enforcement.
7.4. The processing or transformation of the object of sale by the Buyer shall always be performed on behalf of the Vendor. If the object of sale is processed with other objects not belonging to the Vendor, the Vendor acquires co-ownership of the new object in the proportion of the value of the object of sale (final invoice amount, incl. VAT) to the other processed objects at the time of processing. The same applies to the object created by processing as well as to the object of sale delivered under retention of title.
7.5. If the purchased item is inseparably mixed with other items not belonging to the Vendor, the Vendor acquires co-ownership of the new item in proportion of the value of the purchased item (final invoice amount, incl. VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the Buyer's item is to be regarded as the main item, it is to be understood as agreed that the Buyer shall transfer proportional co-ownership to the Vendor. The Buyer holds the sole ownership or co-ownership thus created in safe custody for the Vendor.
7.6. The Buyer also assigns to the Vendor the receivables by way of security receivables of the Vendor against the Buyer which arise against a third party as a result of the connection of the object of sale with a property.
7.7. The Vendor commits to release, at the request of the Buyer, the securities to which he is entitled to the extent that the realizable value of his securities exceeds the receivables to be secured by more than 10%; the choice of the securities to be released shall be incumbent upon the Vendor.
8. Cancellation policy for consumers (§ 13 BGB)
8.1. Consumers (see point 1 above) have the following right of withdrawal.
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal 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, the Guitar Master Plan GmbH, Arcadiastraße 20, 40472 Düsseldorf, e-mail: email@example.com, phone: 0211 97634130 (operator of the online store www.sniperguitars.de) 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. To comply with the withdrawal period, it is sufficient that you send the notification about the exertion of the right of withdrawal before the the expiration of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we have to refund you 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), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
SYou must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiration of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
End of cancellation policy
Sample withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To: Guitar Master Plan GmbH, Arcadiastraße 20, 40472 Düsseldorf, E-Mail: firstname.lastname@example.org,
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/performance of the following service (*)
-Ordered on (*)/received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (Only for notification on paper)
(*) Delete where inapplicable.
8.2. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacturing of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
9. Information for consumers in distance selling contracts and customer information in e-commerce contracts
a) Supplier of the offers at www.sniperguitars.de is Guitar Master Plan GmbH, Arcadiastraße 20, 40472 Düsseldorf, represented by the managing director, Benjamin Hübschmann, e-mail: email@example.com, phone: 0211 97634130.
b) You can check any transmission or data entry errors by reviewing the data entered before completing your order and, if necessary, change or delete them.
c) DThe essential characteristics of the goods offered by us can be found in the individual product descriptions within the frame of our internet offer. d) The language available for the conclusion of the contract is exclusively "German".
e) As a consumer, you have a statutory right of liability for defects. Complaints and material defect liability claims can be submitted to the address given above under a) or by e-mail to firstname.lastname@example.org.
f) The contract text (consisting of the order data and the terms and conditions) will be sent to you by e-mail with our order confirmation.
g) For information on payment or fulfillment please refer to the respective offer. In addition, the Buyer can find more detailed information on delivery times and shipping at https://sniperguitars.de/policies/shipping-policy. The delivery period begins with payment in advance on the day following your payment order. If the last day of the time limit falls on a Sunday or public holiday, the following working day takes the place of the end of the time limit. For all other payment methods, the delivery period begins with your order.
h) Complaint procedure via the ODR platform: Consumers have the possibility in disputes to initiate an out-of-court dispute resolution via this link to the European ODR platform..
10. Final provisions, Other
10.1. The contractual relationship between the Vendor and the Buyer as well as the respective terms and conditions are governed by the laws of the Federal Republic of Germany. The application of UN sales law is excluded.
If the Buyer is a consumer, the applicable statutory regulations and rights in favor of the consumer under the law of the Buyer's country of residence remain unaffected by this agreement.
10.2. The exclusive place of jurisdiction is the court of the Vendor's place of business as far as the Buyer is a merchant in the line with the German Commercial Code (HGB) or a corporation under public law. The Vendor has the right to sue also at the Buyer's place of business.
10.3. If individual regulations of this contract should not be legally effective in whole or in part or should lose their legal effectiveness at a later date, the validity of the rest of the contract will not be affected. The invalid regulation will be replaced by the statutory regulation.