the BEING orchestra
GENERAL TERMS AND CONDITIONS
These terms and conditions apply to the online area www.thebeingorchstra.com. Responsible is Matthias Krohn, Gustav-Falke-Straße 5, 23562 Lübeck, Germany, hereinafter referred to as "KROHN".
§ 1 Scope of application
For the business relationship between "KROHN" and the purchaser - also for all future business - the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the Purchaser are not recognized by "KROHN", unless "KROHN" has expressly agreed to their validity in writing.
§ 2 Conclusion of Contract and Withdrawal
"KROHN" commits itself to accept the order of the purchaser according to the conditions of the website. In case of writing, printing or calculation errors on the website, "KROHN" is entitled to withdraw from the contract.
§ 3 Delivery and shipping costs
Unless otherwise agreed, all orders will be processed as quickly as possible and will be delivered to the delivery address specified by the purchaser at the current prices without prior order confirmation. Works that are temporarily out of print or have not yet been published will be delivered immediately after publication in the order in which the order was received. Delivery is made by advance payment or invoice and at the risk of the recipient. The risk is transferred to the customer when the shipment is handed over to the carrier. Any claims for compensation for lost or damaged shipments must be made by the purchaser directly to the carrier. Information about the delivery period is not binding.
§ 4 Price quotations
The prices stated on the website are non-binding. All prices include the statutory value added tax applicable in Germany.
§ 5 Right of return, returns
- RIGHT: According to the currently valid Distance Selling Act, the customer has a right of withdrawal of 14 days from receipt of the goods. Please return the goods undamaged and sufficiently stamped to our address.
- RETURN ADDRESS: Matthias Krohn - Gustav-Falke-Straße 5 - 23562 Lübeck - GERMANY
- After receipt and inspection of the returned goods by us, you will be refunded the purchase price. For the refund, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you.
§ 6 Due date and payment, default
The purchase price is due immediately upon receipt of the goods.
§ 7 Retention of title
The delivered goods remain the property of "KROHN" until all claims against the purchaser have been settled in full. If unpaid goods are resold, the resulting claims are considered assigned to us in advance.
§ 8 Warranty for defects and liability
Claims for damages due to delayed delivery through no fault of our own are excluded. Defects of a part of the delivery do not justify the complaint of the whole delivery. If there is a defect in the purchased item for which "KROHN" is responsible, "KROHN" is entitled, at its own discretion, to remedy the defect or to make a replacement delivery. If "KROHN" is not willing or able to remedy the defect/replace the delivery or if this is delayed beyond a reasonable period of time for reasons for which "KROHN" is responsible or if the remedy of the defect/replace delivery fails in any other way, the Purchaser is entitled, at his option, to withdraw from the contract or to demand a corresponding reduction of the purchase price. As far as nothing else results from the following, further claims of the purchaser -- no matter for which legal reasons -- are excluded. "KROHN" is therefore not liable for damages that have not occurred to the delivery item itself; in particular, "KROHN" is not liable for loss of profit or for other financial losses of the Purchaser. As far as the liability of "KROHN" is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence. Furthermore, it shall not apply if the Purchaser asserts claims under §§ 1, 4 of the Product Liability Act, claims due to the absence of a warranted characteristic or claims for damages due to non-performance pursuant to §§ 463, 480 para. 2 of the German Civil Code. The same applies in case of initial inability or impossibility for which "KROHN" is responsible. If "KROHN" negligently violates an essential contractual obligation, the obligation to pay compensation for material damage or personal injury is limited to the typically occurring damage. The warranty period is 24 months, calculated from the transfer of risk. This period is a limitation period and shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort are asserted.
§ 9 Data protection
By placing an order, the customer agrees that his data may be stored, processed and used within the framework of the customer relationship in accordance with the provisions of the Federal Data Protection Act. The purchaser has been informed in detail about the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders by "KROHN". The Purchaser expressly consents to this collection, processing and use of personal data exclusively for the purpose of carrying out business transactions.
Remarks on data protection:
- The protection of your personal data: We use the information we collect about you only to fulfill orders. When you place an order with us, we must ask for your name, email address and shipping address. This is the only way we can process and fulfill your order. We do not share customer information with unauthorized third parties outside of "KROHN". No personal data will be stored permanently. After a completed order, all related data will be deleted.
Here you can find our detailed DATA PROTECTION DECLARATION according to the DSGVO.
§ 11 Applicable law, place of performance and jurisdiction
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance is Lübeck. Lübeck is agreed as the place of jurisdiction in the event of a dispute.