Webshop Terms and Conditions
These General Terms and Conditions govern the sale of goods through the Zildjian Shop platform at www.zildjian.de
between MUSIK MEYER GmbH, Industriestraße 20, 35041 Marburg, registered
in the Commercial Register of the Marburg District Court under HRB
1343, WEEE-No.: DE69090748, represented by Matthias Meyer, Jörg Pfob,
VAT ID No.: DE811448463, - hereinafter referred to as "Provider" - and
the customer referred to in § 2 of the contract - hereinafter referred
to as "Customer".
§ 1 Scope, Definitions
(1) The business relationship between the webshop provider (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in their version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is considered a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of Contract
(1) The customer can select products (e.g., clothing, drumsticks, or accessories) from the provider's assortment and collect them in a so-called shopping cart via the button "add to shopping cart". By clicking the button "order with obligation to pay," the customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer has accepted these contract conditions by ticking the box labeled: "I have taken note of the privacy policy and have read and agreed to the AGBs."
(2) The provider then sends the customer an automatic acknowledgment of receipt by email, which lists the customer's order again and can be printed out by the customer using the "Print" function. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded through the delivery of the goods.
(3) The contract is concluded in the German language.
§ 3 Delivery, Availability of Goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchase on account).
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider will immediately inform the customer in the order confirmation. If the product is permanently unavailable, the provider refrains from a declaration of acceptance. A contract does not come into effect in this case.
(3) If the product designated in the order by the customer is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation.
(4) The following delivery restrictions apply: The provider only delivers to customers who have their usual residence (billing address) in one of the EU member states, Norway, Iceland, or Liechtenstein, and can specify a delivery address in one of the following countries: Germany, Austria.
§ 4 Retention of Title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 Prices and Shipping Costs
(1) All prices stated on the provider's website are inclusive of the applicable statutory value-added tax.
(2) The relevant shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. For orders with a value of goods of 50 EUR or more, the provider delivers to the customer free of shipping costs.
(3) The goods are shipped by postal service. The provider bears the shipping risk if the customer is a consumer.
(4) We bear the costs of returning the goods if you use the return label provided by us for a return initiated within Germany or Austria within 14 days. Otherwise, the return shipping costs are to be borne by you.
§ 6 Payment Methods
(1) The customer can make payment via Apple Pay, Giropay, credit card, Paypal, Klarna instant transfer, or Klarna invoice.
(2) The customer can change the payment method stored in his user account at any time.
(3) The purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest of 5 percentage points above the base rate for the year.
(4) The customer's obligation to pay default interest does not exclude the provider's claim for further damages caused by delay.
§ 7 Warranty for Material Defects, Guarantee
(1) The provider is liable for material defects according to the applicable statutory provisions, particularly §§ 434 ff. BGB. Towards entrepreneurs, the warranty period for goods delivered by the provider is 12 months.
(2) An additional guarantee exists for goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.
§ 8 Liability
(1) Claims for damages by the customer are excluded. Excluded from this are the customer's claims for damages resulting from injury to life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the case of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence unless it concerns damage claims by the customer resulting from injury to life, body, or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Right of Revocation
(1) Consumers have a statutory right of revocation when concluding a distance contract, about which the provider informs in accordance with the legal model below. The exceptions to the right of revocation are regulated in paragraph (2). Paragraph (3) contains a sample revocation form.
Revocation Policy
Right of Revocation
You have the right to revocation from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of revocation , you must inform us, Musik Meyer GmbH, Industriestraße 20, 35041 Marburg, Tel. (+49)6421/9891100, Fax (+49)6421/9891599, Email: shop@zildjian.de, by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to revocation from this contract. You may use the attached sample revocation form, but it is not mandatory.
To meet the revocation deadline, it is sufficient that you send the communication concerning the exercise of the right of revocation before the revocation period has expired.
Consequences of revocation
If you revocation from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery type other than the most favorable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the revocation from this contract.
The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the costs of returning the goods if you use the return label provided by us for a return initiated within Germany or Austria within 14 days.
Otherwise, the return shipping costs are to be borne by you. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the condition, properties, and functioning of the goods.