Terms and Conditions

 

 

Consumer protection

The company Musikhaus Markstein GmbH is ready to participate in dispute resolution proceedings at the following consumer protection office::

Allgemeine Verbraucherschlichtungsstelle
des Zentrums für Schlichtung e.V.

Straßburger Straße 8

77694 Kehl am Rhein (DE)

https://www.verbraucher-schlichter.de

 

 

§1 General information

 

1. The following general terms and conditions shall apply to the business relations of any kind between Musikhaus Markstein GmbH and the customer in their respective valid version. Deviating conditions or general terms and conditions of the customer are not valid, unless otherwise agreed in writing.

2. The presentation of the products in the online shop does not represent a legally binding offer, but only a non-binding online catalog of the merchandise assortment. By clicking the button "Send order" the customer gives a binding order of the goods contained in the shopping basket. The confirmation of the receipt of the order follows immediately after sending the order. The purchase contract is concluded with our separate order confirmation or delivery of the goods. The contract text is saved and the order data and the link to the general terms and conditions are sent to the customer by e-mail.

3. The repair of a defect recognized by the Musikhaus Markstein GmbH as a guarantee shall be carried out in such a way that the defective product is, at our discretion, repaired free of charge or replaced by an impeccable product (possibly a successor model). Replaced products or parts are the property of the Musikhauses Markstein GmbH.

4. The guarantee claim must be claimed within the warranty period. For this purpose the affected product must be sent back to the Musikhaus Markstein GmbH with a copy of the invoice and by requesting a return ticket.

5. Any other claims other than the right to remedy the deficiencies of the product in these warranty conditions are not justified by this guarantee.

6. The guarantee period for the product is neither extended nor restarted by the provision of guarantee services.

 

§2 Delivery

 

1. Shipping cost

  • For orders from 00,01 EUR to 49,99 EUR gross (incl.VAT), the freight costs are 6,00 EUR
  • For orders above 50.00 EUR gross (incl. VAT), the freight costs are eliminated.
  • These costs apply to consignments up to 31.5 kg per package and within Germany.
  • In the case of heavy goods (over 31.5 kg gross), or shipments abroad, the freight costs are agreed before dispatching (these additional costs can be requested before ordering at 037605 / 687-18).

2. The delivery is at the risk of the customer. As soon as the goods have been handed over to a transport company by the Musikhaus Markstein GmbH, the risk passes to the customer. This also applies to partial deliveries. Delivery is to the delivery address indicated by the customer. If the customer / buyer is a consumer within the meaning of § 13 BGB, the risk of the accidental destruction and the accidental deterioration of the goods sold will not pass to him until the goods have been handed over to him. The surrender shall be the same if the buyer is in default of acceptance.

3. All prices are cash payment prices including VAT plus any packaging and transport costs.

4. Shipping charges & shipping restrictions for other countries can be found in our info area. For deliveries to third countries, additional duties and charges will be charged to the customer.

5. The goods shall be inspected immediately after receipt by the customer or his agents for transport damage. Traceable transport damage must be reported immediately in writing. Packing damage must be confirmed by the customer in writing upon acceptance of the goods.

6. Information about delivery periods is generally non-binding, unless a specific delivery period has been expressly agreed in writing.

7. Claims for damages against the Musikhaus Markstein GmbH due to non-fulfillment or delay are excluded, as far as neither intent nor gross negligence exists.

 

§3 Legal right of revocation

The following right of revocation and the revocation form will be sent to you automatically with every order confirmation by e-mail. In addition, it is enclosed in paper form for each delivered order.

 

1. Right of revocation

You have the right to revoke this contract within a period of fourteen days without giving reasons.

The period of revocation is 14 days from the date on which you or a third party, which is not the carrier, you named, has or has taken possession of the last product of a single order.

In order to exercise your right of revocation, you must inform us:
 

Musikhaus Markstein Gmbh

Rudolph-Breitscheid-Str. 36

08118 Hartenstein

GERMANY

Tel.: 037605/687-17

Fax: 037605/687-50

E-Mail: info@markstein.de

 

of your decision to revoke this agreement by means of a clear statement (for example, a letter, fax or e-mail sent by mail). You can use the enclosed sample revocation form, but this is not required.

In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
 

2. Consequences of withdrawal

If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayments.

We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.

You have to return or deliver the goods immediately and in any case no later than fourteen days from the date on which you inform us of the revocation of this contract:

 

Musikhaus Markstein GmbH

Logistics Center

Zwickauer Str. 39

08118 Hartenstein, GERMANY

 

The deadline is respected if you send the goods before the end of the deadline of 14 days.

 

You bear the direct costs of the return of the goods, provided that they can be returned by their normal post.

 

If the goods can not be returned by normal mail and delivered at the time of conclusion of the contract to the dwelling of the consumer, we collect the goods. You bear the direct costs of returning the goods. The cost is estimated to be around 40,00EUR.

 

For the national return of parcels, which do not exceed the dimensions 120x60x60 cm and a weight of 31.5 kg, we offer you the delivery of a DHL freeway ticket. For this ticket we charge a flat rate of 6, -EUR. To receive the ticket, please contact us by e-mail at versand@markstein.de.

 

They must pay for a possible loss of value of the goods only if this loss in value is attributable to a handling which is not necessary to examine the properties, characteristics and functioning of the goods.

 

Revocation form

 

(If you want to revoke the contract, please fill out this form and send it back)

At:

Musikhaus Markstein GmbH

Logistics Center

Zwickauer Str. 39

08118 Hartenstein, GERMANY

Fax: 004937605/68750

E-mail: order@markstein.de

 

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*):

 

Ordered on:............................................... .................................................. 

 

Received at:............................................... .................................................. 

 

Name of consumer (s): ......................................... .................................................. 

.................................................. .................................................. 

 

Address of the consumer (s): ......................................... .................................................. ..

.................................................. .................................................. .............................................

.................................................. .................................................. .............................................

 

Signature of the consumer (s) (only in the case of a communication on paper)

 

.................................................. .................................................. .............................................

 

Date:...............................................

 

----------------------------------------------

(*) Delete as appropriate

 

 

3. Financed Transactions

If this contract has been financed by a loan and the customer revokes the funded contract, he is also no longer bound by the loan contract if both contracts form an economic unit. This is to be assumed if we are the customer's lender at the same time or if the customer's lender is using our financing to finance our participation. If the loan has already been granted to us in the event of the revocation or return being effected, the customer's lender in relation to the customer enters into our rights and obligations from the financed contract with regard to the legal consequences of the revocation or return.

There is no right of revocation in the case of remote sales contracts for the delivery of goods which are made according to customer specifications or are clearly tailored to the personal requirements. The same applies to goods which, due to their nature, are not suitable for a return or can spoil quickly or whose expiry date would be exceeded. The right of revocation does not exist in the case of remote sales contracts for the supply of audio or video recordings or software, if the delivered data carriers have been unsealed by you.

 

§4 Markstein 31 days money-back guarantee (extended return rights)

 

1. In addition to the statutory 14-day right of revocation, the Musikhaus Markstein GmbH offers the following 17 days a money-back guarantee for consumers (according to § 13 BGB). The customer can return goods without giving reasons within 31 days by returning the goods. The period begins upon receipt of this instruction in text form (eg as letter, fax, e-mail), the goods as well as the fulfillment of all information requirements in distance sales and e-commerce (see §3, item 1) The timely dispatch of the goods or the withdrawal requirement. The right of return can only be exercised by returning the goods, unless the goods can not be sent as a parcel. Goods which can not be sent by parcel will be picked up by you by a transport company commissioned by us, for which we charge you 40, - EUR. A prior contact with our service (contact see §3, item 1) is therefore recommended. As a matter of course, the Musikhaus Markstein GmbH can not accept any return costs as a result of the return rights (31 days money-back guarantee). For the withdrawal of goods purchased from us within the scope of the distance sales, we generally charge the customer compensation in the amount of 6, - EUR.

2. The 31-day money-back guarantee applies both to remote sales contracts pursuant to §312b BGB, as well as to items purchased locally at the Musikhaus Markstein GmbH.

3. The right of return exists for the order of welded or sealed data carriers such as CDs, audio cassettes, videos, DVDs as well as newspapers and magazines as well as software only if the corresponding product is sent back to us in the welding film or with an undamaged seal.

4. The right of return is completely excluded, as long as goods are manufactured according to customer specifications, they are meter goods, wearing articles (eg strings, sticks, drum heads, cables, picks, sheets) or articles which can not be taken back for hygienic reasons . (E.g., harmonicas)

5. If the customer makes use of his / her possibility of returning the goods, the Musikhaus Markstein GmbH is entitled to demand an appropriate remuneration for the period of the customer's remaining at the customer's premises.

6. In addition, the customer, who makes use of his right of return, shall indemnify Musikhaus Markstein GmbH for the value reduction or the value of the goods, as long as the customer can not properly return the goods because they represent the deterioration, the destruction or other impossibility Has. This does not apply if the deterioration of the goods is solely due to their examination. Furthermore, the customer can avoid the obligation to make a purchase by not using the goods like his property and omit- ing anything that could impair their value.

7. If individual components of a set or bundle are returned within the scope of the 14-day withdrawal period or the 31-day money-back guarantee, the remaining articles at the customer are recalculated at the regular sales price.

8. For the national return of parcels, which do not exceed the dimensions 120x60x60 cm and a weight of 31.5 kg, we offer you the delivery of a DHL freeway ticket. For this ticket we charge a flat rate of 6, -EUR. To receive the ticket, please contact us by e-mail at versand@markstein.de.

9. Please note that the conditions mentioned in § 4 do not apply in the first 14 days (statutory right of revocation according to § 3 of the GTC) of the 31 days money back guarantee, but only in the following 17 days.

 

§5 Warranty and damages

 

1. For all goods from our shop there are legal warranty rights!

2. Defects or damages resulting from culpable or improper handling or improper installation and use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by the Musikhaus Markstein GmbH are excluded from the warranty.

3. Wear-based wear is also excluded from warranty.

4. If the customer accepts the goods or the object of the order in spite of knowledge of a defect, he is only entitled to warranty claims in the extent described below if he reserves this expressly and in writing immediately upon receipt of the goods.

5. Warranty claims due to existing transport damage shall only be accepted by the customer if he has complied with his obligation to inspect and report in accordance with section 2 (5). This does not apply if the customer consults according to. § 13 of the German Civil Code (BGB).

6. 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 shall be one year and for used items six months after the transfer of risk.

7. For damages other than those caused by injury to life, body and health, the Musikhaus Markstein GmbH is only liable insofar as this is due to deliberate or grossly negligent acts or a culpable breach of a fundamental contractual obligation by the Musikhaus Markstein GmbH or a vicarious agent (eg The delivery service) of the Musikhauses Markstein GmbH. Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected.

If a material contractual obligation is negligently violated, the liability of the Musikhauses Markstein GmbH is limited to the foreseeable damage.

§6 Special regulations for the delivery and installation of technical devices

 

1 offer

A) The offers correspond to the state of the art at the time of the preparation of the offer.
B) The examination of the equipment or parts listed in the offer, in particular in connection with the mode of operation at the place of use as well as possibly necessary observance of necessary regulations or influences are the matter of the client.
C) If the effects or impressions or effects which are generated with our devices are not known or common to the customer, then he must convince himself of this beforehand. A subsequent complaint due to different effects than presented is not possible.
D) Installation materials, fasteners, brackets and other accessories are charged at the expense. The same applies to arrivals and departures, working hours, drawing and planning work. The recording of the above work is done internally. If the client requests the submission of regular reports in the period of the execution of the order, he / she must communicate this expressly beforehand and ensure that these are regularly submitted to him. Otherwise, the client agrees with this regulation and accepts the recording after the execution of the order or the settlement.

2. Liability for defects

The Supplier shall be liable for defects of the delivery, including the absence of explicit, assured characteristics, as follows:
A) All parts must be repaired free of charge at the discretion of the seller, which can be considered as unserviceable within 6 months after commissioning due to a circumstance before the transfer of risk, in particular due to faulty design, poor materials or defective design Or in their usefulness. The seller must be notified immediately in writing of any such defects. Replaced parts become the property of the seller. If the dispatch, installation and commissioning are delayed without fault of the seller, the liability expires no later than 12 months after the transfer of risk.
B) The right of the customer to assert claims for defects shall be statute-barred in all cases from the date of the timely complaint in 6 months, but at the earliest at the expiry of the warranty obligation.
C) No liability is assumed for damage resulting from the following reasons: unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable equipment, chemical, electrochemical or electrical influences , Design errors, software errors, provided they are not attributable to the fault of the seller. Faults which can be attributed to improper operation, incorrect wiring or mechanical damage or which have not been caused by repair attempts by the technician authorized by the seller.
D) In ​​order to carry out all repairs and substitute deliveries which appear necessary to the Seller at the discretion of the Seller, the Client shall, after agreement with the Seller, have the necessary time and opportunity, otherwise the Seller shall be exempted from the defect. Only in urgent cases of endangerment of the operational safety and to the defense of disproportionate damages, whereby the seller is immediately to be informed or if the seller is in default with the removal of the defect, the client has the right to eliminate the defect itself or by a third party And to demand a replacement of the necessary costs from the seller.
(E) The Seller shall bear the cost of the replacement part, including the shipment, as well as the reasonable costs of removal and installation, in so far as the complaint proves to be justified, in addition to the direct costs arising from the repair or replacement delivery; Can be reasonably expected to require the cost of any necessary provision by its installers and auxiliaries. The customer shall pay the costs.
F) Elimination of faults on large-scale equipment that can not be sent is carried out on the spot, and the travel expenses are calculated as these are not covered by the warranty. If service compensation has also been granted for such equipment, travel costs and working hours are calculated on the spot.
G) The warranty period is 3 months for the replacement part and repair. It runs at least until the end of the original warranty period for the delivery item. The period for the defect liability on the delivery item shall be extended by the duration of the interruption caused by the repair work.
H) Any alterations or repairs carried out on the part of the client or third parties without the prior consent of the seller shall be deemed to be the liability for the resulting consequences.
I) Other claims of the customer, in particular a claim for compensation for damages which are not caused by the delivery item itself, are excluded, unless they are based on intent or gross negligence.

3. Products for which the seller acts as a reseller and whose distribution is carried out by other companies are subject exclusively to the warranty conditions of the suppliers.

4. The remaining general terms and conditions apply accordingly.

 

§7 Three Years Markstein-Warranty

In addition to the statutory warranty, the Musikhaus Markstein GmbH (since 1 March 2010) has a 3-year warranty in accordance with the following regulations:

1. The Musikhaus Markstein GmbH provides warranty for all defects occurring during a period of three years from the transfer of risk, which are demonstrably due to a material or manufacturing defect. The claim for warranty service is only available to the customer, § 13 BGB is, and can not be assigned.

2. Excluded from warranty are:

 

  • Used equipment
  • Computer articles and accessories, unless otherwise stated in the respective article description. 
  • Products subject to wear or other wear, as well as 
  • Deficiencies in the product, which are due to non-observance of operating instructions, improper use, abnormal environmental conditions, improper operating conditions, overloading or lack of maintenance or care. 
  • Defects in the product caused by the use of accessories, spare parts or spare parts which are not original parts
  • Products on which changes or additions have been made
  • Minor deviations from the intended quality, which are irrelevant for the value and usability of the product.

 

3. The repair of a defect recognized by the Musikhaus Markstein GmbH as a guarantee shall be carried out in such a way that the defective product is, at our choice, repaired free of charge or replaced by an impeccable product (possibly also a successor model). Replaced products or parts are the property of the Musikhauses Markstein GmbH.

4. The guarantee claim must be claimed within the warranty period. For this purpose the affected product must be sent back to the Musikhaus Markstein GmbH with a copy of the invoice and by requesting a return ticket.

5. Any other claims other than the right to remedy the deficiencies of the product in these warranty conditions are not justified by this guarantee.

6. The guarantee period for the product is neither extended nor reintroduced by the provision of guarantee services.

 

§8 Due date and terms of payment

 

1. The invoices of the Musikhaus Markstein GmbH are payable immediately and without deduction, unless otherwise agreed in writing. The payment is made upon delivery by COD cash, if the customer orders by credit card or advance payment, he receives the goods free of charge. In the case of credit card payments, the actual debiting is effected with the creation of the invoice and the dispatch of the goods. The total amount will be reserved on your credit card immediately upon receipt of the online order by the customer. Orders for open invoices to customers within the meaning of §13 BGB, can only be realized through the order process of the on-line shop in the course of a credit check by the Klarna GmbH. (See www.klarna.de).

2. The refusal of checks and other non-cash means of payment shall be reserved by Musikhaus Markstein GmbH. Acceptance is always only as payment. Payments in foreign currencies are credited according to bank account. Bank charges must be borne by the customer.

3. If the customer is in arrears with the payment of the purchase price, the sum of the purchase price must be interest-bearing during the delay with five percentage points above the respective base interest rate. If the Musikhaus Markstein GmbH has been able to prove a higher arrears, the Musikhaus Markstein GmbH is entitled to assert it.

 

4. Purchase and financing with Klarna

In cooperation with Klarna, we offer the purchase and financing service Klarna installment payment as payment options. If you are paying with Klarna, you will never need to enter your account details, and you will not pay until you have received the goods.

 

  • Klarna invoice
    When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. Further information and Klarnas full terms and conditions for the purchase of bills can be found here: https://online.klarna.com/villkor_de.yaws?eid=12469&charge=0,00
  • Klarna Shopping
    In the case of the Klarna payment service, you will also receive the goods first. All your purchases will then be collected on an invoice at the end of next month. You can then pay this bill in flexible installments, but you can also pay the total amount at any time. You can find more information about the Financing Service Klarna here: https://online.klarna.com/account_de.yaws?eid=12469

 

You can download the complete terms and conditions for Klarna installments here: http://www.klarna.se/pdf/Vertragsbedingungen.pdf

Klarna checks and evaluates the data of the consumer and, on justified grounds, maintains a data exchange with other companies and economic agencies (creditworthiness check). If the creditworthiness of the consumer is not assured, Klarna AB may refuse to provide Klarna with the payment methods and must point out alternative payment possibilities. Your personal details will be treated in accordance with the Data Protection Act and will not be passed on to third parties for advertising purposes. To learn more about Klarna Privacy Policy: http://klarna.com/pdf/Datenschutz_DE.pdf

For more information about Klarna visit www.klarna.de

Klarna AB, company and corporation number: 556737-0431

 

§9 Retention of title

 

1. Until the complete payment of all claims against the customer, including all secondary claims, the delivered goods remain the property of the Musikhaus Markstein GmbH. In the case of contracts with consumers (§13 BGB), the Musikhaus Markstein GmbH reserves the right to ownership until the purchase price has been paid in full.

2. The customer is not entitled to sell the goods to third parties until the purchase price has been paid in full, or to take other measures that are endangering the property of Musikhaus Markstein GmbH. The customer already assigns his future claims against the acquirer to the Musikhaus Markstein GmbH in the amount of the purchase price agreed between Musikhaus Markstein GmbH and the customer together with interest and additional requirements. The Musikhaus Markstein GmbH accepts this assignment.

 

§10 Fulfillment and jurisdiction

 

1. Only German law applies.

2. The place of fulfillment for all services from the business relations existing with the company Musikhaus Markstein GmbH is Hartenstein, as far as the customer is a merchant, a legal person of public law or a public special fund.

3. The court of jurisdiction for all disputes arising from this contractual relationship, even in the case of rescission, is the court of jurisdiction for the seller, Zwickau, without regard to the value of the dispute.

§11 Final agreement

 

1. If any of these provisions are not applied, for whatever reason, the validity of the remaining provisions shall remain unaffected.

2. Ordering conditions, even if notified, shall only apply if and insofar as expressly confirmed by the seller in writing.

3. The export of the goods is subject to approval and subject to German foreign trade law.

4. The personal data obtained in connection with the business relationship shall be processed by the seller in compliance with the legal provisions.

5. The purchaser shall store separately the goods delivered under retention of title and shall allow the plenipotentiary of the seller to inspect and adequately examine the stocks and to issue the goods immediately to the seller or to his authorized representative on his publishers if the seller considers that, Credit terms of the seller do not appear to be appropriate for lending.