READING VERSION ( legally binding is the german version only! )
§ 1 Area of applicability
For business relations to the purchaser the following General Terms and Conditions of Business apply to orders made via the internet in the version applicable up placing the order.
§ 2 Conclusion of a contract
The presentation of our products on our website solely calls on the customer to place a contractual offer. By the customer’s transmitting an order, the customer places an offer in the terms of § 145 German Civil Code. The customer receives a confirmation of receipt in connection with the order per email. We shall, if necessary separately, inform the customer of possible errors in the specifications of the range on our website and shall submit a corresponding counter offer. The customer dispenses with an acceptance declaration, § 151 S. 1 German Civil Code. The contract between the customer and Tilman Ritter / RITTER Amplification materialises when we accept the offer of the customer within 10 days in writing or in simple text or consign the goods ordered. Should the agreed upon mode of payment be cash in advance we assume the contract to be accepted upon the customer’s paying in advance, if the payment is effected within 10 days after transmitting the order.
§ 3 Delivery, consignment costs, transfer of risk
(1) We are entitled to make partial deliveries should one part of the ordered goods not be on stock temporarily. If the consumer goods purchase contract is effected on a national basis, we shall bear the additional shipping costs – whatever the circumstances may be.
(2) Delivery is carried out at the consignments costs drawn up for the individual case. The risk of delivery is borne by the customer. As soon as the items have been transferred to a transportation company the risk is borne by the customer. This regulation also applies to partial deliveries. The delivery is affected to the address provided by the customer. If the buyer is a consumer in the terms of § 13 German Civil Code, the risk of accidental loss and of accidental deterioration of the item sold, also in the case of a contract of sale involving the carriage of goods, is borne by the purchaser but not before surrender of the item to said buyer has been effected. Even if the buyer delays acceptance, the surrender has been affected.
(3) The goods shall be inspected for transportation damage immediately upon acceptance by the customer or his/her representative. Notice of any transportation damages detected shall be drawn up without delay and in writing. The customer shall have packaging damages confirmed in writing by the forwarder upon acceptance of the goods.
(4) Claims for damages against Tilman Ritter / RITTER Amplification for non-fulfilment or delay are excluded, provided neither intent nor gross negligence is involved.
(5) Bearing the costs for standard return consignments when availing oneself of the right of revocation pursuant to § 312d. You shall bear the costs for the return consignment.
(6) For goods supplied beyond the boarders of the European Union and Switzerland, import taxes (customs duty) may be due; the latter borne by the addressee.
§ 4 Reservation of title
The goods supplied remain our sole property until complete payment of the purchase price has been received.
§ 5 Warranty and claims for damages
(1) Specifications and information in connection with the utilisation and suitability of the goods we supply are without engagement and shall not provide an entitlement to claim for damages. Otherwise a guarantee is provided that the goods were of approximately the agreed upon appearance and workmanship upon submission, i.e. were free of material defects. This means that the items are suitable for the use drawn up in the contract or standard use and prove to be of the appearance and workmanship that is standard for the same type of items and which the customer may expect in connection with said item and/or from our specifications, or the specifications of the manufacturer respectively. Properties of the goods according to our specifications, the marking or advertisement only then comply with the agreed upon properties when the latter has expressly been mentioned in the offer, has been confirmed by us in writing or identified as such in the order confirmation.
(2) The warranty period for new items is 24 months. The deadline begins upon transfer of risk. The warranty period for second-hand items is one year. If the customer is a businessman in the terms of § 14 German Civil Code, the guarantee period for new items is one year and for second hand items six months starting upon transfer of risk.
(3) Defects and damages that may be traced to the culpable or improper treatment or improper installation and the use of unsuitable accessories or to modifications made to original parts by the customer or by a third party not commissioned by Tilman Ritter / RITTER Amplification are also excluded from guarantee.
(4) Natural wear and tear is also excluded from warranty.
(5) If the customer accepts the goods or the object of the order despite knowing of a defect, he/she shall only be entitled to the extent of warranty as drawn up if he/she expressly reserves the right to do so in writing immediately upon receipt of the goods.
(6) The customer shall only be entitled to warranty claims for existing transportation damages if said customer has complied with his/her commitment to examine and notify the supplier. The customer shall check the consignment immediately for transportation damages and shall notify the forwarder or Tilman Ritter / RITTER Amplification correspondingly. The latter does not apply if the customer is consumer in the terms of §13 German Civil Code.
(7) Otherwise warranty is dealt with according to the statutory regulations.
(8) All computer articles and all parts subject to wear and tear such as strings, illuminants, spotlights, faders, sticks, accumulators or batteries, all tubes, even if installed etc. are excluded from the property or durability guarantees, as they are subject to wear due to usage or to subject to natural wear and tear.
(9) The company Tilman Ritter / RITTER Amplification is solely liable for other damages than those resulting from injury to life, body and health if such damages can be traced to intentional or grossly negligent acts or to culpable violation of an essential contractual obligation by Tilman Ritter / RITTER Amplification or its vicarious agents (e.g. the delivery services) of the company Tilman Ritter / RITTER Amplification. Liability, particularly for damages which have not occurred to the goods themselves and for other financial losses is excluded, provided the damages are not solely due to slight negligence on our part. The limitation of liability does not apply to damages that have arisen due to the lack of a property which we had guaranteed. A further liability for damages is excluded. Provisions of the Product Liability Act remain unaffected. If an essential contractual obligation is negligently violated, the liability of Tilman Ritter / RITTER Amplification is limited to the ensuing damage that may be expected.
§ 6 Consumer information for distance selling contracts governing the acquisition of goods
a) We are not governed either by special codes of conduct or such codes as are not mentioned above.
b) You can detect possible input errors when entering your order in the final confirmation before cashpoint and may correct them at any time using the Delete and Change function before transmitting the order.
c) Please find the essential characteristics of the goods we offer, and the applicability of temporary offers in the individual product descriptions in the range of our Internet offers.
d) The language at disposal to conclude a contract is German.
e) Objections and complaints and guarantee claims may only be asserted to the address revealed in the supplier identification.
f) You can store the contract text on your computer by clicking on the right mouse key of your browser or print it via the print function of your browser. The text of the contract for orders made in our Internet shop is not accessible to third parties.
Furthermore, we store the contract text.
g) Please find information on payment, delivery or fulfilment in the offer.
h) You are informed in the Internet shop on the possibilities to recognise and correct input fields in the course of your order procedure.
§ 7 Data Privacy
You agree to our storing, processing and using the personal data transmitted in the course of your order for the purpose of executing your order. When a purchase contract has been concluded your personal data (Name and Address) is transmitted to us. The processing and storing of this data is carried out along the lines of statutory provisions of the Federal Data Protection Act and of the Tele Services Data Protection Act. Your data is not forwarded to third parties with the exception to the companies involved in the scope of implementing the contract. You are entitled to receive information, free of charge, on the data stored in connection with your person. You are entitled to revoke your approval of having your data stored whenever you deem fit with such revocation to take effect in the immediate future. In such cases please contact us under the address drawn up in the legal notice.
§ 8 Miscellaneous
Legislation of the Federal Republic of Germany is applied to the contractual relation between us and the customer and to the respective terms and conditions of business. Provided the customer is a consumer, the statutory regulations and rights applicable according to the law of the customer’s country of residence are not affected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Exclusive venue is the District Court of our business location provided the customer is a businessman in the terms of the German Commercial Code or a corporation of public law. We also reserve the right to take action at the customer’s residence.
§ 9 Severability Clause
Should individual provisions of this contract be completely or partially inoperable or become inoperable at a later time, the validity of the remaining provisions of this contract shall not be affected.
What information do we gather?
The information we learn from customers helps us personalize and continually improve your experience at digitalguitargear.com. Here are the types of information we gather.
Information You Give Us
We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future visits for you, improving our website, and communicating with you.
We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses digitalguitargear.com. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at KPA-Solutions if we cannot recognize you, we want you to be aware that these tools exist.
If you do not want to receive e-mail from us, please inform us.
What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide features. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of our features, and we recommend that you leave them turned on.
Does Tilman Ritter / RITTER Amplification share the Information It Receives?
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We use our customer date solely to for your orders at our website and for informing you of news about us.
How Secure Is Information About Me?
We reveal only a part of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Click here for more information on how to sign off.
Which Information Can I Access?
Tilman Ritter / RITTER Amplification gives you access to a broad range of information about your account and your interactions with us for the limited purpose of viewing and, in certain cases, updating that information.
What Choices Do I Have?
Tilman Ritter / RITTER Amplification does not sell products for purchase by children. If you are under 18, you may use digitalguitargear.com only with the involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit KPA-Solutions or our shopping transactions server ip 220.127.116.11, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of Dresden, Germany. If you have any concern about privacy at Tilman Ritter / RITTER Amplification, please send us a thorough description to email@example.com, and we will try to resolve it.
Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.