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Terms of business

Terms of business

§ 1 Applicability

(1) The present terms and conditions are valid for any contractual relationship between the company Gregor Zoll Musikelektronik and its clients outside Germany, Austria and Switzerland which are entered into and executed through the company's website contractual partner is
Gregor Zoll Musikelektronik
Hermann-Voss-Str. 21
59872 Meschede

VAT-Identification: DE288250280
Phone: 0049 (0) 291 / 123 375 10

(2) The contractual language is English.
(3) You may print or save these terms and conditions. To open a PDF-document you may need Adobe Reader which you can obtain free via the internet.
(4) Your contract and personal data is saved by us. A direct access to your saved data is not possible due to security restrictions.

§ 2 Registration / Your Data

(1) Registering at our shop is only permitted for persons of full age and contractual capability as well as for legal entities and companies.
(2) When registering or buying your information has to be true, exakt, actual and complete. In case of erroneous or incomplete information, we reserve the right to withdraw or deny contracting or to make the purchase subject to providing new and correct data as well as proof.
(3) For questions concerning saving and usage of your provided data please refer to our privacy policy.

§ 3 Conclusion of Contract

(1) The offering of products displayed on the website referred to under §1 do not state a legally binding offer but rather the invitation to make an offer for the conclusion of a contract based on the conditions listed with each respective product.
(2) By submitting your order you offer the conclusion of the contract regarding the products in your cart. You have to fill in your data after clicking on the cart-item and afterwards klick on „Purchase now".
(3) We confirm your order via e-Mail. After checking your data and details of the purchase we will send you an e-mail to confirm the conclusion of the contract.
(4) Should you have any questions regarding our products or regarding custom made products, please use our contact form. We will then contact you using your provided information. If applicable we will
(5) Any individual offers may be accepted within the time period respectively stated. The acceptance needs to be in written form or may be sent via e-mail. After your acceptance we provide you with an affirmation of your contract and the invoice.
(6) You may correct any data provided before sending a request or before purchasing. After you have sent your request or purchase, you may provide corrected data via e-mail.

§ 4 Delivery

(1) The delivery will be executed at the latest 5 days after receipt of payment. Differing shipment-dates are outlined on the website or in our offer.
(2) Shipments outside Germany normally take 5 – 14 business days to be delivered.
(3) In case you order a product which – according to its product description – was not available and in case we are not supplied with this product by our suppliers without our fault, we are entitled to withdraw from the contract. In this case, we will immediately inform you and, if possible, offer to deliver a comparable product. Should no comparable product be available or should you not wish for delivery of such a comparable product, we will immediately refund any payment made for the respective order to that point.
(4) We may execute shipments of parts of your order as long as your interest is not affected unacceptably. We will bear the additional shipment costs.
(5) In case the violation of delivery- or performance period can be traced back to force majeure, industrial action, unpredictable obstacles or other circumstances, which are not represented by the respective party, the respite will be adequately prolonged.
(6) We do not ship on Saturdays, Sundays and national holidays.

§ 5 Information concerning the exercise of the right of withdrawal

A. Instructions on withdrawal

Right of withdrawal

As a consumer you have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day:

(a) in the case of a sales contract: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.;
(b) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.;
(c) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.;
(d) in the case of a contract for regular delivery of goods during a defined period of time: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good..

To exercise the right of withdrawal, you must inform us

Gregor Zoll Musikelektronik
Hermann-Voss-Str. 21
59872 Meschede

Phone: 0049 (0) 291 / 123 375 10

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods or hand them over to us or

Gregor Zoll Musikelektronik
Hermann-Voss-Str. 21
59872 Meschede

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

B. Withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
[here the trader's name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date

§ 6 Costs of return when executing right of withdrawal

In case of a withdrawal you will have to bear the shipment costs in connection with the returning of the goods.

§ 7 Prices, payment, due dates and delay

(1) The purchasing price is due upon contract formation.
(2) You have to cover the shipping costs listed on the websites or our respective offers.
(3) The prices listed on the websites include German VAT and all other price components.
(4) Payments are possible via bank transfer or PayPal. If you use PayPal please refer to their terms & conditions.
(5) If you choose cash in advance as your method of payment, we will list our bank-details in the order-confirmation and will deliver the goods upon reception of payment.
(6) The amount due is to be paid to our account within 10 days. If we do not receive the amount in the respective time we are entitled to withdraw from the contract after lapse of a further time limit.
(7) In case of delayed payment, we are entitled to claim annual interest of 5 per cent above the respective base rate. For legal transactions a client is not involved in, we reserve the right to charge interest of 8 per cent above the base rate on delayed amounts. We reserve the right to proof and claim higher damage for delay according to § 288 Par.3, 4 German Civil Code.
(8) You are only entitled to offset if your counter claims are legally proven by court, indisputable or accepted by us in writing.
(9) A right of retention can only be executed insofar as the claims result from the same contractual relationship.

§ 8 Risk of delivery

(1) For you as a consumer, the risk of shipment lies with us, regardless of the kind of shipment chosen by the company (insured / uninsured / package). By choosing insured shipment, we only hedge our commercial risk.
(2) For business customers the risk of accidental loss and accidental deterioration of the sold good moves on the customer with the transfer to himself or herself or a person authorized to receive it; in case of delivery of goods the risk moves over when we hand out of the goods to a suitable transport person.
(3) In case transport loss is obvious upon delivery, please claim such damages immediately with the deliverer and contact us as soon as you can.
(4) Failure to claim or to contact us does not affect your legal rights of guarantee if you are a consumer. Claiming transport loss and contacting us immediately helps us, however, to claim damages from our deliverers and our transport insurance.

§ 9 Reservation of proprietary rights

Before the complete amount due for a product or an order has been paid, we reserve any proprietary rights for the respective product(s).

§ 10 Warranty & Liability

(1) All legal regulations of warranty are in effect. The legal term of warranty starts upon delivery of the goods and commonly holds for two years (in some cases exceptionally longer than this, see § 438 German Civil Code). In case of deficiencies occurring within the legal term of warranty, you have the right to receive supplementary performance (you choice: repair of the deficiency or delivery of new product) and – if the respective requirements are met – and right of reduction or withdrawal as well as damages. You have to allow us two attempts of amendment. Should the chosen way of supplementary performance cause disproportional cost, you are only entitled to the respective other way of supplementary performance.
(2) We do not grant warranty for damages or deficiencies resulting from improper use, handling or storing, negligent or incorrect maintenance or care of the respective good, overuse or improper repair carried out by an unauthorised service provider.
(3) We exclude our liability for slightly negligent breaches of duty, provided these are not contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In case of damage caused in any other way we and our agents shall be liable in case of intent and gross negligence according to legal regulations. The same applies to negligently caused damages arising from injury to life, body or health. In negligently caused property damage and financial loss we and our agents shall be liable only for breach of an essential contractual obligation, however, limited to the amount foreseeable at the conclusion of the contract and contract-typical damage. Material contractual obligations are those whose performance impressed the contract and which the customer may trust.

§ 11 Saving this contract

These present terms and conditions will be sent to you upon contract formation. Please also save them by printing them via the print-function of your browser.

§ 12 Privacy Policy

Please refer to our privacy policy.

§ 13 Final clause

(1) In case one of the regulations of these present terms and conditions shall be ineffective, the contract remains in effect for the rest. Instead of the ineffective clause, the relevant legislations shall be effective.
(2) In addition to these present terms and conditions, German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall be effective.