Legal notice, Terms and Conditions, Privacy Policy

1. Scope of Application
2. Offer and Service Description
3. Order Process and Conclusion of Contract
4. Prices and Shipping Fees
5. Delivery and Product Availability
6. Payment Methods
7. Retention of Title
8. Defects Liability and Warranty
9. Liability
10. Retention of Wording of Contract
11. Data Protection
12. Jurisdiction, Applicable Law, Contract Language

 

1. Scope of Application

1.1. For the business relationship between Siccas Guitars GmbH, Roonstr. 3, 76137 Karlsruhe, Germany, Email: info@siccasguitars.com, Tel: +49 721 38143275 (hereinafter “seller”) and the customer (hereinafter “customer”) only the following terms and conditions apply, in the version valid at the time of the order (the conclusion of the contract).
1.2. You can contact our customer service for questions, customer complaints or other claims on Monday to Friday from 10 am to 6 pm by phone at +49 721 38143275 or by email at info@siccasguitars.com.
1.3. Within these Terms and Conditions the customer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to his commercial or independent professional activities (§ 13 BGB/German Civil Code).
1.4. Deviating terms concerning the customer are not acknowledged, unless the seller agrees to their importance in writing.

 

2. Offer and Service Description

2.1. The presentation of goods in the online shop do not a legally binding offer, but an invitation to place an order. Service description in catalogs and on the websites of the seller do not constitute a representation or warranty.
2.2. All offers are valid “while stocks last”, if not stated otherwise on the product page. In addition, errors expected.

 

3. Order Process and Conclusion of Contract

3.1. The customer can choose products from the seller’s product range without obligation and collect them with the button [add-to-cart] in the so-called shopping cart. Afterwards the customer can complete the ordering process by clicking the button [Proceed to Checkout] within the shopping cart.
3.2. By clicking the [Buy] button the customer makes a binding offer to purchase the goods in his/her cart. Before submitting the order, the customer can change and revise the data at any time. Required fields is marked with an asterisk(*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print using the “print” function (order confirmation). The automated confirmation of receipt only documents that the customer’s order is received by the seller and does not constitute the acceptance of the request. The sales contract is first concluded when the seller ships or hands over the ordered product to the customer within two days or confirmed the shipment to the customer within two days with a second email, an explicit order confirmation or sending of an invoice.
3.4. Should the seller provide advance payment, the contract is concluded with the provision of banking information and request for payment. If the payment is not received by the seller, despite the due-date, even after a renewed request until a date 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to supply he goods. The order is then completed for the customer and the seller without any further implications. Therefore a reservation of goods through the payment method cash before delivery lasts a maximum of 10 calendar days.

 

4. Prices and Shipping Fees

4.1. All prices that are stated on the website of the seller include the effective legal sales tax respectively.
4.2. In addition to the stated prices the seller charges shipping fees for delivery. Shipping fees will be communicated clearly on a separate information page and the ordering process to the customer.

 

5. Delivery and Product Availability

5.1. If cash before delivery is agreed on, the seller delivers the goods after the receipt of the invoice amount.
5.2. If the delivery of the goods, despite three attempts of delivery, fails by fault of the customer, the seller can withdraw from the contract. The seller will refund payments already made by the customer immediately.
5.3. If the ordered goods is not available because the seller is not provided with the goods by his seller through no fault of his/her own, the seller can withdraw from the contract. In that case, the seller will inform the customer immediately and if possible suggest the delivery of a similar product. If no similar product is available or the customer does not wish the delivery of a similar product, the seller will refund already submitted considerations to the customer immediately.

5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions of delivery to certain countries) on a separate information page or within the respective product description.

 

6. Payment Methods

6.1. The customer can choose the available payment method during and before the conclusion of the ordering process. Customers are informed about available payment methods on a separate information page.
6.2. If “payment by invoice” is possible, the payment must be made within 30 days after receiving the goods and the invoice. For all other payment method, payment in advance shall be made without deduction.
6.3. If third party providers are assigned, e.g. Paypal, their terms and conditions apply.
6.4. If the due-date of payment is determined by the calender, then the customer is already in default when missing the date. In that case, the customer has to pay interest ate the legal default rate.
6.5. The customer’s obligation to pay interest does not exclude further assertion of other damages caused by delay by the seller.
6.6. A right to offset is only entitled to the customer if his counterclaims are legally determined or accepted by the seller. The customer may only exercise a right of retention if the the claims result from the same contractual relationship.

 

7. Retention of Title

Until full payment the delivered goods remain in the property of the seller.

 

8. Defects Liability and Warranty

8.1. Warranty is determined by legal requirements.
8.2. A guarantee for goods delivered by the seller only exist if it is explicitly stated. Customers are informed about warranty conditions before the initiation of the ordering process.

 

9. Liability

9.1. For a liability of the seller regarding compensation of damages, without prejudice to other statutory eligibility requirements, the following liability exclusions and limitations apply.
9.2. The seller is fully liable, if the damage is caused by intent or gross negligence.
9.3. Furthermore the seller is liable for negligent breach of substantial obligations, whose breach endanger the fulfillment of the purpose of the contract, or for the violation of duties, the fulfillment of which makes the proper execution of the contract feasible in the first place and on which the customers regularly trusts. In this case, however, the seller is liable only for foreseeable damage typical for the contract. The seller is not liable for the negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above-mentioned liability limitations of liability shall not apply to injury of life, body or health, for a defect after furnishing a guarantee for the quality of the goods and for fraudulently concealed defects. Liability under the product liability law remain unaffected.
9.5. As far as the seller’s liability is excluded or limited, the same applies to the personal liability of employees, representatives and assistants.

 

10. Retention of Wording of Contract

10.1. The customer can print the agreement text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. In addition, the seller sends an order confirmation with all order data to the e-mail address provided to him by the customer. Furthermore, the customer receives a copy of the Terms and Conditions, next to the Cancellation Policy and information about shipping fees, as well as shipping conditions and payment conditions. If you are registered in our shop, you can see your submitted orders in your account. In addition we store the text of the contract but do not put it online.

 

11. Data Security

11.1. The seller is processing personal data of the customer appropriately and in accordance of statutory provisions.
11.2. Personal information required for the purpose of the order (such as name, e-mail address, mailing address and bank data) are used by the seller for fulfillment and processing of the contract. This information will be kept confidential and not be disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
11.3. On request the customer has the right to obtain information free of charge about the personal data stored about him by the seller. In addition he/she has the right to correct inaccurate data, to block and delete his/her personal data, as long as there is no legal obligation to retain.
11.4. Further information regarding the nature, extent, location and purpose of the collection, processing or use of required personal data by the seller can be found in the Privacy Policy.

 

12. Jurisdiction, Applicable Law, Contract Language

12.1. Jurisdiction and place of performance is the place of business of the seller, if the customer is a merchant, a legal entity under public law or public special fund.
12.2. Contract Language is German.
12.3. Platform of the European Commission for Online Dispute Resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/.