General Terms and Conditions §1 General 1. For the business relations of any kind between the company Kaiser Pianoforte Manufaktur eK and the customer, the following general terms and conditions apply. Deviating conditions or general terms and conditions of the customer are not valid unless otherwise agreed in writing. 2. All offers, regardless of whether they are made by telephone, fax, internet, email or in any other way, are only binding for the company Kaiser Pianoforte Manufaktur eK if they have been confirmed in writing or the goods have been delivered and / or an invoice has been issued.3 The Kaiser Pianoforte Manufaktur eK reserves the right not to perform the promised service , if after conclusion of the contract it turns out that the goods are not available even though a corresponding cover transaction has been concluded. In such a case the customer will be notified immediately. Any consideration already paid by the customer will be refunded immediately. Further claims of the customer against the company Kaiser Pianoforte Manufaktur eK are excluded. 4. If the company Kaiser Pianoforte Manufaktur eK works for the customer within the framework of a contract for work, the connection regulations for construction services / Part B (VOB / B) apply at the time The content of all our offers, homepages, advertising material, offers on ebay, newspaper advertising, etc ..., content, images, designs are the property of Kaiser Pianoforte Manufaktur eK. Unauthorized publication, duplication and commercial use is only permitted with the express, written approval of Kaiser Pianoforte Manufaktur eK. Violations will be prosecuted under criminal and civil law. 6.Our offers are non-binding and subject to change. We reserve the right to change prices due to exchange rate changes or price increases by our suppliers. For special offers, the promotional price applies while stocks last. 7. If something doesn't work, just give us a call. Often there are only minor operating errors that can be quickly rectified by telephone. If a repair is actually necessary, speak to our service and have the device picked up. Service department: Telephone: 0271-710 70 Email: Post@Piano-Kaiser.de§2 Delivery 1. The delivery is at the customer's risk . As soon as the goods have been handed over to a transport company by Kaiser Pianoforte Manufaktur eK, the risk passes to the customer. This also applies to partial deliveries. The delivery is made to the delivery address specified by the customer. If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the risk of accidental loss and accidental deterioration of the thing sold also passes to the buyer when the goods are shipped by hand. The handover is the same if the buyer is in default of acceptance. 2. All prices are cash payment prices including VAT plus any packaging and transport costs that may be incurred. 3. The goods must be checked for transport damage immediately after receipt by the customer or his representative . Ascertainable transport damage must be reported immediately in writing. Damage to packaging must be confirmed in writing by the transport company upon acceptance of the goods. 4. Information on delivery times are generally non-binding, unless a specific delivery time has been agreed in writing. We reserve the right to make partial deliveries if not all ordered products are in stock or can be delivered immediately. Claims for damages against the company Kaiser Pianoforte Manufaktur eK due to non-performance or delay are excluded, as long as there is no willful misconduct or gross negligence. 6. Should the spatial conditions (transport route) not correspond to the size and weight of the instrument to be transported when a piano is delivered, The Kaiser Pianoforte Manufaktur eK declares a liability disclaimer so that damage to the piano and / or the existing premises cannot be ruled out despite the most careful execution of the carrying work. Thus, under the aforementioned conditions, the company Kaiser Pianoforte Manufaktur eK assumes no liability for the execution of the transport. §3 Right of return 1.For all goods delivered by mail (except sheet music, software, videos, custom-made items and items that are not customary for the customer) Goods) we grant a 14-day right of return ("money-back guarantee") within Germany. This only applies to customers who are consumers in the sense of §13 BGB. Furthermore, this only applies to products that have been ordered from us by post. This return guarantee does not apply to orders with a value of less than € 40.00. The customer has the option of returning all items from our current offer to us within 14 days without giving any reason and in this way make use of our "Money Back Guarantee" (Money Back). This only applies to distance contracts according to §312b BGB. The goods must be returned to Kaiser Pianoforte Manufaktur eK in proper condition, without any signs of wear, in the original packaging and free of third party rights. The return request must be made in advance by phone, fax, email or letter. We will then arrange for a return at our expense. Important: It is not permitted to send back the goods freight collect. Our warehouse cannot accept consignments that have been sent freight collect, and timely dispatch is sufficient to meet the deadline. The purchase price will be refunded within 30 days by check or bank transfer. 2. In principle, there is no right of return for goods that were auctioned off. 3. The right of return can only be exercised by returning the goods, unless the goods cannot be sent as a package. The return period begins with the delivery of the goods to the customer. 4. The right of return is completely excluded, as far as goods are made at the customer's request. 5. If the customer uses the possibility of return, Kaiser Pianoforte Manufaktur eK is entitled to demand a reasonable usage fee for the time the goods remain with the customer. 6. Furthermore, the customer who makes use of his right of return must replace the impairment or the value of the goods for the company Kaiser Pianoforte Manufaktur eK, insofar as the customer cannot return the goods properly because he is responsible for the deterioration, destruction or other impossibility. 7. B. Pianos, grand pianos, drums, etc. return transport costs are to be borne by the buyer. §4 Warranties and claims for damages 1. Defects or damage due to culpable or improper handling or improper installation and use of unsuitable accessories or changes to the original parts by the Customers or third parties not commissioned by Kaiser Pianoforte Manufaktur eK are also excluded from the warranty. 2. Natural wear and tear is also excluded from the warranty. 3. If the customer accepts the goods or the object of the order despite knowledge of a defect, are only entitled to warranty claims to the extent described below if he expressly reserves them in writing immediately after receipt of the goods. 4. Warranty claims due to existing transport damage are only available to the customer if he complies with his obligation to examine and notify in accordance with Section 2 Number 3 has come. This does not apply if the customer is a consumer within the meaning of Section 13 of the German Civil Code. 5 The warranty period for new items is 24 months. The period begins with transfer of risk. The warranty period for used items is one year. If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the warranty period for new items is one year and for used items six months from the transfer of risk. 6. If there is a defect in the purchased item for which Kaiser Pianoforte Manufaktur eK is responsible, the company Kaiser Pianoforte Manufaktur KG is entitled to choose whether to remedy the defect or to deliver a replacement. Guarantee returns: please request a secure collection of the goods by GLS from us. Unfree shipments can not be accepted by us. Claims for damages from delay, impossibility of performance, breach of contractual and legal ancillary and protective obligations, fault upon conclusion of the contract and non-contractual liability are excluded, unless the damage was caused by grossly negligent or willful action on our part. Kaiser Pianoforte Manufaktur eK remedies the shortcoming at its own expense. However, it is up to Kaiser Pianoforte Manufaktur eK to have the remedial work carried out by another specialist who is closer to the customer's place of residence. If Kaiser Pianoforte Manufaktur eK is not ready for this service or is unable to do so or is delayed For a reasonable period of time for reasons for which Kaiser Pianoforte Manufaktur eK is responsible or if the remedial measures / replacement delivery fail in another way, the customer is entitled to withdraw from the contract or to request a corresponding reduction in the purchase price (reduction). In the case of only minor defects, however, the customer has no right of withdrawal.7 Unless otherwise stated in No. 8, further claims by the customer - regardless of the legal reasons - are excluded. In particular, claims for damages within the scope of the guarantee due to consequential damage caused by a defect, violation of additional contractual obligations, advice errors or tortious acts against Kaiser Pianoforte Manufaktur eK or its representatives or vicarious agents are excluded. This applies in particular to the loss of profit or other financial loss suffered by the customer. 8 The aforementioned disclaimer does not apply if the loss is based on intent or gross negligence or if the customer asserts claims under the Product Liability Act. 9 The value of the delivered goods / services provided is limited. §5 Due date and terms of payment 1. Unless otherwise agreed in writing, the invoices of Kaiser Pianoforte Manufaktur eK are payable immediately and without deduction. 2. In the event of late payment, we are entitled to interest on arrears in the amount of 2% above the current discount rate of the Deutsche Bundesbank plus sales tax. With the first reminder, we charge a cost share of € 2.50, with further reminders there is an additional € 5.00. §6 Retention of title 1. Until the complete payment of all claims against the customer, including all additional claims, the delivered goods remain owned by Kaiser Pianoforte Manufaktur eK. In the case of contracts with consumers, §13 BGB, the Kaiser Pianoforte Manufaktur KG reserves ownership until the purchase price has been paid in full. 2. The customer is not entitled to sell the goods to third parties until the purchase price has been paid in full, or in any other way Property of Kaiser Pianoforte Manufaktur eK to take dangerous measures. The customer hereby assigns his future claims against the purchaser in the amount of the purchase price agreed between Kaiser Pianoforte Manufaktur eK and the customer, including interest and additional claims, to Kaiser Pianoforte Manufaktur eK. The company Kaiser Pianoforte Manufaktur KG accepts this assignment. §7 Place of performance and place of jurisdiction 1. German law applies exclusively. 2. Place of performance for all services from the business relationship with the company Kaiser Pianoforte Manufaktur eK is Siegen. 3. Exclusive place of jurisdiction for complaints against the company Kaiser Pianoforte Manufaktur eK is Siegen. This also applies to lawsuits brought by Kaiser Pianoforte Manufaktur eK against the customer insofar as the customer is a merchant, legal entity under public law or special fund under public law. §8 Buy-back guarantee If a 3-year buy-back guarantee has been agreed in the purchase contract, Kaiser Pianoforte- Manufaktur eK commissioned to resell the instrument. In this case, the instrument will be picked up for the purpose of resale and placed on our premises. As soon as the piano is sold, the client will be reimbursed 70% of the purchase price originally paid, minus the transport costs. If the piano is not sold within a period of 6 months, the repurchase price will be reimbursed by Kaiser Pianoforte-Manufaktur eK at the end of the 6-month period. §9 Final clause If any of these provisions should not apply - for whatever reason - so this does not affect the effectiveness of the remaining provisions. If you have further questions about our terms and conditions, please send us an email to: Post@Piano-Manufaktur.de
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