General Terms And Conditions

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Jörg Künstler) via the www.klangauge-shop.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products.

(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.

(3) You can use the online shopping cart system to place a binding offer of purchase (order).
Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered to have made a binding offer to us. 
You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.

(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay.

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.


§ 4 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:

a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.

b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.

c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:


- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.

§ 5 Choice of law

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

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II. Customer information

1. Identity of the seller

Jörg Künstler
Am Weidig 1
07318 Saalfeld
Germany
Telephone: 030577064790
E-Mail: info@klangauge.de



Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.


2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

 

5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions

6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.

If you are a businessman, the delivery and shipping operations take place at your own risk.

7. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.

last update: 07.12.2017

The purchase takes place on German soil, comes from Germany, therefore applies to all buyers German law.
Jurisdiction is Germany. This is the German legal texts.

They were only translated for the purpose of communication.

The purchase takes place on German soil, comes from Germany, therefore applies to buyers German law. Jurisdiction is Germany.This is the German legal texts. They were only translated for the purpose of communication.

Terms and customer information

  1. Terms

§ 1 Basic Provisions

  1. The following conditions apply to all contracts with us as a supplier (Jörg Künstler) Close on the website www.klangauge-shop.com. Unless otherwise agreed, the Inclusion optionally contradicted you use, own conditions.

  2. Consumers in terms of the following rules shall mean any natural person to a legal transaction

Purposes concludes that mostly neither commercial nor its independent vocational activity can be attributed. Entrepreneur is any natural or legal person or a legal

Partnership, which enters into a legal transaction in the exercise of their independent professional or

commercial activity is.

§ 2 Formation of Contract

  1. The object of the contract is the sale of goods.

Our offers on the Internet are not binding and no binding offer to conclude a contract.

  1. You may submit a binding offer to purchase (order) via the online shopping cart system. The purchasing goods intended to be placed in the "basket". With the corresponding Button in the navigation bar, you can call the "shopping cart" and then make changes make. After calling the site "Checkout" and entering the personal information and the payment and

all order data will be shipping terms conclusively again displayed on the order summary page.

Before submitting the order, you have the possibility here to check all the details again to Change cancel (also using the "back" of the Internet browser) or buying.

By sending the order via the "pay it order" enter a binding Offer from us.

You will get an automatic e-mail on receipt of your order, which is not to Conclusion leads.

  1. The acceptance of the offer (and therefore the contract) shall be made within 2 days by Confirmation in writing (for example, e-mail), in which you carry out the order or delivery of is confirmed goods (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. Optionally already rendered will be returned immediately in this case.

  1. The execution of the order and the transfer of all related to the contract necessary information is partially automated email. They have, therefore, ensure that which you stored in your e-mail address is correct, the receiving of emails technically ensured is prevented, and especially not by SPAM filters.

§ 3 retention, retention of title

  1. A lien can only exercise if it is the same receivables from Contractual relationship is.

  2. The goods remain our property until full payment of the purchase price.

  3. Are you an entrepreneur, the following also applies:

  1. We reserve the title to the goods until the complete settlement of all claims arising from the ongoing business relationship before. Before transfer of ownership to the reserved goods is a pledge or security purposes not permitted.

  2. You can resell the goods in the ordinary course of business. In this case, you already

join now all claims in the amount of the bill that will accrue from the sale, to us, we accept the assignment. They are also authorized to collect the receivable. Unless your Payment obligations incorrectly, we reserve the right, however, the demand

even collect.

  1. In connection and mixing of the goods we acquire joint ownership of the new item in Proportion of the invoice value of the goods to the other processed items

Time of processing.

  1. We undertake to release the securities we are entitled to your request insofar as the realizable value of our securities exceeds the secured claims by more than 10%. The selection

the securities to be released lies with us.

§ 4 Warranty

  1. There are the statutory warranty rights.

  2. If you are a business, and notwithstanding paragraph 1:

  1. are defined as properties of the goods only our own data and the product description of Manufacturer as agreed, but no other advertising, promotions and public statements by the Manufacturer.

  2. They are committed to the goods promptly and with due attention to the quality and

to examine variations in quantity and obvious defects within 7 days of receipt of the goods in display text form (for example, e-mail), the deadline, the timely dispatch is sufficient.

This is also true for later

identified hidden defects from discovery. In violation of examination and notification is Assertion of warranty claims excluded.

  1. We shall remedy defects at our discretion by repair or replacement. Should the Defect fail, you can demand reduction or withdraw from the contract according to your choice. The Remedial applies after the unsuccessful second attempt as failed, if not in

particular the nature of the matter or defect or other circumstances something else results. In case of Correction, we do not have to bear the increased costs that a by the shipment of the goods to other place than the place arise, provided that the shipment is not the intended use the goods comply.

  1. The warranty period is one year from date of delivery. The shortened warranty period applies

not attributable to us culpably caused damage from injury to life, limb or health and gross negligence or intentionally caused damage or malice, and in Recourse under §§ 478, 479 BGB.

§ 5 Liability

  1. We shall each be unrestricted for damages resulting from injury to life, limb or Health. Next, we shall in all cases of intent and gross negligence without limitation, in fraudulent concealment of defects, with the acquisition of the guarantee for the quality of Purchase item and in other cases established by law.

  2. The liability for defects within the statutory warranty is based on the corresponding Control in our customer information (Part II) and General Conditions (Part I).

  3. If substantial contractual obligations are concerned, our liability is of slight negligence on the typical, foreseeable damage. Material contractual obligations are essential Obligations arising from the nature of the contract and the breach of the achievement of the would endanger the contractual purpose and obligations of the contract are to its content to achieve Contractual purpose imposed, which makes the proper execution of the contract in the first make possible and to comply with them may generally rely.

  4. the liability for slight negligence is case of breach of minor contractual obligations locked out.

  5. The data communication via the Internet may not work properly according to the current state of the art be ensured at all times available and / or. We are liable to the extent

either for the continuous still continuous availability of the website and the services offered there.

§ 6 Applicable Law

  1. German law applies. For consumers, this choice of law only, so far as this by overriding the Provisions of the law of the country of habitual residence of the consumer protection afforded not is withdrawn (favourability).

  2. The provisions of the CISG expressly not apply.

  1. Customer Information

    1. Identity of the seller Jörg Künstler

Fraunhoferstr. 5

04178 Leipzig

Germany

Phone: +49 30577064790

Email: info@klangauge.de

The European Commission (OS platform) a platform for extrajudicial ODR ready to be called up under http://ec.europa.eu/odr.

    1. Information about the conclusion of the contract

The technical steps to conclude a contract, the contract itself and the correction options carried out in accordance with § 2 of our General Terms and Conditions (Part I).

    1. Contract language text storage contract

      1. Contract language is German.

      2. The full text of the contract is not stored by us. Before submitting the order via the online -

Shopping cart system, the contract data printed using the print function of the browser or be saved electronically. After receipt of the order with us the order data, the law will Regulated information in distance contracts and the terms and conditions again

sent by e-mail to you.

    1. Main features of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

    1. Price and Payment Methods

      1. References in the respective offer prices and shipping costs are total prices. You include all price components, including all applicable taxes.

      2. The shipping costs are not included in the purchase price. They are accordingly a Marked button accessible on our website or in the respective offer, are in the course of Ordering process are presented separately and payable by you in addition, unless the no shipping costs is promised.

      3. The your available payment methods are button under an appropriately designated reported on our website or in the respective offer.

      4. Unless otherwise stated in the individual payment, the payment claims from the are concluded contract due immediately.

    2. delivery

      1. The delivery, the delivery and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

      2. Unless you are a consumer is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during the shipment until the delivery of the goods at

She goes, regardless of whether the shipment is insured or uninsured occurs. This does

not apply if you

independently an unnamed entrepreneur from transport companies or otherwise to execute the

Dispatch have mandated specific person.

Are you an entrepreneur, supply and shipment is at your risk.

    1. Statutory warranty rights

      1. The warranty for our goods is governed by the rules "Warranty" in our General Conditions (Part I).

      2. As a consumer, you are asked to the goods immediately upon delivery for completeness, obvious

to verify defects and damage and us and the shipper complaints as quickly as possible notified. If you fail to do, this does not affect your statutory

warranty claim.

last updated: 16/09/2021