for online sales for Distinguished Guitars (Mr Marc Zenglein)

§ 1 Scope (1) These general terms and conditions (hereinafter referred to as "terms and conditions") govern the legal relationship between Marc Zenglein (Distinguished Guitars) and its customers with regard to the supply of goods listed on the websites and (hereinafter referred to as "goods").
(2) Unless otherwise agreed in writing, these terms and conditions shall apply exclusively. Any provisions set forth by the customer that conflict with or deviate from these terms and conditions shall not be acknowledged.

§ 2 Registration and data protection
(1) To place an order for the supply of goods from Marc Zenglein (Distinguished Guitars), the customer is required to register with the Distinguished Guitars website (owner Marc Zenglein), which includes providing the personal data requested and agreeing to the these terms and conditions. Registration is only open to persons of full legal capacity. Access to membership is subject to our discretion. The registration process requires that the customer fills out the registration form on the Distinguished Guitars website and selects a personal username and password. The password must be kept secret by the customer and may not be disclosed to third parties.
(2) Apart from the obligations mentioned in § 2 para. 1 above, the registration of the customer on the Distinguished Guitars website entails no other obligation. The registration is free of charge for the customer. The customer is entitled to cancel his registration at any time. The customer can edit his profile by logging into his account on the Distinguished Guitars website, which contains his registration details.
(3) The personal data provided by the customer during the registration process, according to § 2 para. 1 and 2, will be used exclusively by Marc Zenglein to process transactions between Marc Zenglein (Distinguished Guitars) and the customer for the supply of goods and shall be used in accordance with the provisions of the German data protection law. Any other use for the purposes of advertising, market research or for tailoring the services offered by Marc Zenglein (Distinguished Guitars) requires the express consent of the customer. The customer is given the option of granting this consent when placing an order. This consent can however be revoked by him at any time.

§ 3 Presentation of goods, orders and conclusion of contract
(1) The presentation of goods on the Marc Zenglein (Distinguished Guitars) website does not constitute a binding offer for the supply of goods by Marc Zenglein (Distinguished Guitars).
(2) Orders for the supply of goods between the customer and Marc Zenglein (Distinguished Guitars) shall be submitted via email by the customer through the order form on the Distinguished Guitars website. The customer will then receive a confirmation email from Marc Zenglein (Distinguished Guitars) if the order is accepted. The confirmation email will be sent to the address specified by the customer on his registration form.

§ 4 Delivery conditions, sale subject to delivery from seller’s supplier
(1) Unless otherwise expressly agreed with the customer, all deliveries shall be at the cost and risk of the customer. The risk is transferred to the customer with the handover by Marc Zenglein (Distinguished Guitars) to the delivery company. The delivery costs are displayed on the Distinguished Guitars website with the prices of goods ordered and are listed separately by Marc Zenglein on the invoice for the goods delivered.

(2) Unless otherwise expressly agreed, the delivery dates specified by Marc Zenglein (Distinguished Guitars) on its website are not binding. The adherence of agreed deadlines for deliveries is conditional on the timely receipt of all information to be supplied by the customer, and compliance with the agreed terms of payment and other obligations of the customer. Unless these conditions are fulfilled, the delivery period may be extended accordingly, without prejudice to further claims by Marc Zenglein (Distinguished Guitars).
(3) Marc Zenglein (Distinguished Guitars) reserves the right not to fulfill the order as promised, if after conclusion of the contract it transpires that the goods are not available, although a corresponding binding transaction was concluded. In such a case the customer shall be notified immediately. Any payments that may already have been made will be immediately refunded. Further claims against Marc Zenglein (Distinguished Guitars) are excluded.

§ 5 Prices and payment terms
(1) The prices shown on the Distinguished Guitars website for goods are final prices, including VAT and additional delivery costs.
(2) The purchase price for goods delivered by Marc Zenglein (Distinguished Guitars) is due immediately with the acceptance of the order by Marc Zenglein. Payment can be made either via Paypal, bank transfer or cash, as the customer prefers.

§ 6 Retention of title Goods delivered by Marc Zenglein (Distinguished Guitars) to the customer shall remain the property of Marc Zenglein (Distinguished Guitars) until all claims on the customer from the sale are met in full.

§ 7 Claims for defects
(1) Marc Zenglein (Distinguished Guitars) offers no guarantees for the quality of the goods supplied by it to customers. In particular, product descriptions reproduced on the Distinguished Guitars website do not constitute a guarantee.
(2) In case of defects, any claims by the customer for remedial action, reduction of the purchase price or cancellation shall be in accordance with legal requirements. Damages can only be claimed in accordance with the conditions laid down in § 8 below.

§ 8 Limitation of liability
(1) Subject to the provisions laid down in § 8 para. 2 and 3 below, claims for damages by the customer, irrespective of legal basis or claims for reimbursement of expenses incurred in vain shall be (a) limited with respect to damaged goods delivered to the amount of the price agreed upon for those goods, or (b) otherwise excluded.
(2) The limitation of liability acc. § 8 para. 1 shall not apply if the damage caused is due to gross negligence or willful intent, or even a negligent breach of an essential contractual duty. However, in case of a negligent breach of an essential contractual duty, the liability is limited to the amount for typically foreseeable damages.
(3) The limitation of liability acc. to § 8 para. 1 shall not apply to damages resulting in injury to life, limb or health, in cases of liability under the Product Liability Act, or if Marc Zenglein (Distinguished Guitars) has fraudulently concealed a defect, or in exceptional cases where Distinguished Guitars has assumed a warranty.

§ 9 Cancellation policy
(1) The customer has the option to cancel the purchase during a 14-day withdrawal period after receipt of the goods without giving reasons. To exercise the right of withdrawal, the customer must notify Marc Zenglein (Distinguished Guitars) in a clear statement of his desire to cancel the order. The period begins with receipt of this notification. To comply with the deadline, it is sufficient that the customer sends notification of cancellation before the withdrawal period expires.
(2) In case of a valid cancellation, the customer is obliged to return the goods received from Marc Zenglein (Distinguished Guitars) within 14 days of receipt of cancellation notification by Marc Zenglein (Distinguished Guitars). To comply with the deadline, it is sufficient if the customer has dispatched the goods before the expiry of the 14-day period. The return shipping is at the risk and cost of the customer and must be sent to the following address:


Marc Zenglein
Distinguished Guitars
Biebricher Allee 14
65187 Wiesbaden


In return, Marc Zenglein (Distinguished Guitars) is obliged to refund the customer for all payments that it has received from the customer for the delivery of goods, without deducting any fees or applying charges to the customer. The deadline for refund is 14 days from the receipt of the cancellation notification by Marc Zenglein (Distinguished Guitars) and receipt of the returned goods from the customer, or from the presentation of proof by the customer that he has returned the goods to Marc Zenglein (Distinguished Guitars).
(3) In case of cancellation, the customer is obliged to pay compensation for any impairment caused to the item through proper use of the goods. The customer can avoid this if he only examines the item to determine its usability and suitability.
(4) Customers are responsible for all shipping costs (to & from) on any returned items, as far as shiping costs are not mentioned on the invoice.
(5) Please notify that we don´t accept returns on trade deals. All trades are final.
(6) The right to cancel an order is independent of any warranty claims by the customer acc. § 7.


§ 10 Place of fulfillment and jurisdiction
(1) German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer has no general place of jurisdiction in Germany, 65185 Wiesbaden shall be the sole place of jurisdiction for all disputes between the customer and Marc Zenglein (Distinguished Guitars).
(3) The place of fulfillment for all services under this contract is, as far as legally permissible, 65185 Wiesbaden.

§ 11 Final provisions
(1) Any amendments to these terms and conditions must be agreed upon in writing. This also applies to the amendment of this written form clause.
(2) If one or more provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions of these business terms.


Wiesbaden, 23.2.2016

Und hier steht der Text auf ENGLISCH!

Checkbox kommt...