Imprint

Phone.: +49 160 7859491
mail: ralfscholl@winterkoenig.com

WinterKoenig | Ralf Scholl & Thomas Stellwag GbR

Koenigsheideweg 9b 12437 Berlin Germany

 

Terms & Conditions (T&Cs)

WinterKoenig

§ 1. Validity

a) Company: WinterKoenig Guitar Conception Scholl & Stellwag GbR, Berlin, Germany.

b) For all contractual relationships between the company (§ 1a), hereinafter also referred to as the "Seller," and the customer, exclusively the following Terms and Conditions (T&Cs) apply. These are attached to every order confirmation and are available at any time on the website

www.winterkoenig.com

c) These terms also apply to all future business relationships, even if they are not expressly agreed upon again. d) By accepting the goods or services at the latest, these terms are considered accepted. e) Opposing or differing terms and conditions of the customer are not recognized unless the seller has expressly agreed to their validity in writing. f) The seller's T&Cs also apply if he carries out the delivery to the customer unconditionally while being aware of opposing or differing terms and conditions of the customer. g) All agreements made between the seller and the customer must be recorded in writing. h) Customers must be over 18 years of age.

 

§ 2. Conclusion of Contract

1. The presentation of the product range of WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin on the internet does not constitute an offer within the meaning of §§ 145 ff. BGB.

2. Offer and Conclusion of Contract:

a)  The offers of the seller are non- binding and without obligation.

b)  If the order is to be qualified as an offer according to § 145 BGB, the seller can accept the offer within 1 week.

c)  Acceptance declarations, all orders, and other oral agreements require the written or telegraphic confirmation of the seller to be legally effective. Orders from the customer are binding offers for them.

d)  Drawings,illustrations,dimensions, weights, or other performance data are only binding if expressly agreed in writing.

3. Our order form (available at WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin or can be downloaded from our website).

(Internal: Link the order form)

4. By placing an order with WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin via email or in any other form mentioned in Section II, Paragraph 2 of these terms, the customer makes an offer within the meaning of § 145 BGB.

The customer will receive a confirmation of receipt of their order by email.

WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin will inform the customer separately about any errors in the details of the product range on the website and, if necessary, make a counteroffer. In addition, we reserve the right to confirm or reject an order.

5. The contract is concluded when WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin accepts the offer. The acceptance of the order is subject to the availability of the ordered goods and services. An acceptance declaration by WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin is not required; the customer waives an acceptance declaration pursuant to § 151 Sentence 1 BGB. If WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin cannot accept the customer's offer, the customer will be notified electronically.

6. For custom orders, WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin reserves the right to require a deposit of at least 1,500 euros net, which will be processed upon receipt of the deposit.

7. With the announcement of new prices, all other (previous) prices valid for the respective items lose their validity. The prices indicated are for private EU customers plus the statutory value-added tax.

The prices refer exclusively to the individual product as described, not to any additional accessories, contents, or decorations.

 

§3. Delivery

  1. WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin delivers the ordered goods to the address specified by the customer.

  2. DeliveryTimes:

    The approximate delivery time of the ordered goods is stated in the order confirmation sent by email. Since the ordered instruments are custom-made from various components that may also be purchased subsequently, it is not possible to determine an exact delivery date for each instrument. If the originally agreed delivery time is exceeded by more than 6 months, the customer is entitled to withdraw from the contract.

  3. Delivery is made at the shipping costs specified in each individual case, which are listed in the order confirmation and on the website of WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin.

    The shipping costs are calculated individually, depending on the actual costs and the destination.

  4. WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin reserves the right to make technical changes in the sense of technical development as well as changes in form and color.

    Any color deviations between the photographic product representation on the internet or in the catalog and the actual color are technically or print related. Wood is a sensitive, individual material that always brings unique designs.

  5. Information on the expected delivery date is non-binding unless WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin has expressly confirmed a binding date in writing to the customer in individual cases.

 

§ 4. Delivery and Performance Time

  1. Deliverydatesordeadlines,or performance dates or deadlines that can be agreed upon either bindingly or non- bindingly, must be in written form.

  2. If the delivery or performance is delayed due to circumstances beyond the control of the seller, particularly due to force majeure events such as traffic disruptions, strikes, fires, water damage, power outages, operational disruptions, official measures, lockouts, material shortages, or other unavoidable events – even if they occur with the seller's suppliers or their subcontractors – the seller is entitled to extend the delivery period by the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part for the unfulfilled portion.

  3. Thefulfillmentoftheseller's delivery and performance obligations presupposes the timely and proper fulfillment of the customer's obligations. If the customer is in default of acceptance, the seller is entitled to claim compensation for the damage incurred, including any additional expenses; upon the occurrence of the default of acceptance, the risk of accidental deterioration and accidental loss passes to the customer.

 

§ 5 Transfer of Risk

1. a)TransportDamage/Loss: No liability is assumed if the damage or loss occurs after the transfer of risk.

b) Transport Insurance: Only for the first shipment of the instrument, the seller insures the value of the instrument.

2. The risk of loss or damage to the delivery item passes to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left the seller's warehouse for dispatch.

3. If a collection debt is agreed upon, the risk passes to the customer upon notification of readiness for dispatch by the seller.

4. In the case of a consumer goods purchase, the risk passes to the buyer upon handover to the buyer or upon the buyer's default of acceptance.

 

§ 6. Right of Withdrawal

According to § 312g para. 2 BGB, there is no right of withdrawal:

1. if the goods are custom-made, not prefabricated, and for their production, an individual selection or determination by the consumer is decisive or clearly tailored to the personal needs of the consumer (§ 312g para. 2 No. 1 BGB). Furthermore, there is the possibility of individual consultation by phone: +49(0)7161 9459700 or email:

ralfscholl@winterkoenig.com

2. in the case of the delivery of goods that are custom-made for the customer or personalized according to the customer's wishes (e.g., special customer requests that are taken into account in the production of the goods)

a) in the case of the delivery of special sizes and custom-made products

3. when the product is sold as new and has been used.

 

§ 7 Order Cancellation, Order Modification

1. In all cases where the customer's fault prevents the completion or delivery of the delivery item, the customer must pay the agreed remuneration.

2. Liability for damages arising from order cancellations is not assumed if the cancellation is not the responsibility of the seller.

3. The same applies if the customer reduces the scope of the order after receiving the order confirmation.

4. In this case, the seller must credit what he saves in expenses, acquires by other use of his labor, or maliciously fails to acquire.

5. Additional orders and changes in the scope of services before or during the manufacturing phase must be issued separately by the customer.

6. Modification or additional orders are not included in the price quotes of the order confirmation or offer from the seller and must be paid separately.

7. Change or additional orders are not included in the price quotes of the order confirmation or offer from the seller and must be paid separately. They can extend the original delivery date. We will inform you about the expected extension period. Therefore, additional orders must always be made in writing to be confirmed.

Additional services in this sense are, in particular, those services that are to be carried out or must be carried out to adapt the delivery item contrary to the specification and the customer's working basis requirements.

 

§ 8 Properties of Wood

1. Wood is a natural product; its natural properties, variations, and characteristics must always be taken into account.

2. In particular, the buyer must consider its biological, physical, and chemical properties when purchasing.

3. The range of natural color, structure, and other differences within a type of wood is part of the characteristics of the natural product wood and does not constitute grounds for complaint or liability.

4. If necessary, the buyer must seek professional advice.

5. Werecommendinforming yourself about the correct maintenance, proper storage, and right care of tonewood, for example, on relevant websites (media, large dealer portals, etc.), through tonewood dealers, or from a professional, to preserve the properties of the wood as well as the sound and value of your guitar.

6. We do not accept liability for damages that may occur to the instrument due to improper care, storage, maintenance, and usage.

 

§ 9 Warranty Material Defect

1. A material defect exists if the goods do not have the agreed quality at the time of transfer to the buyer. If the quality is not agreed upon, a material defect exists if the goods are not suitable for the use intended under the contract, otherwise for ordinary use, and they do not have a quality which is usual for goods of the same type and which the buyer can expect given the nature of the item.

2. The warranty is 3 years from delivery. If the goods need to be returned to the manufacturer, the customer bears the risk and the shipping costs to the manufacturer's location. WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin is not liable for damages during the return shipment.

3 a) WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin is liable for defects that are present at the time of delivery of the goods during the statutory warranty period in accordance with the following provisions:

b) The customer is obliged to report any defects to WinterKoenig Guitar

Conception Scholl & Stellwag GbR Berlin in writing without delay. If a defect attributable to WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin is found, we will remedy it or provide a replacement at our discretion.

c) If the defect remediation or replacement fails, or if WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin is unwilling or unable to remedy the defect or provide a replacement within a reasonable period for reasons attributable to WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin, the customer is entitled, at their discretion, to withdraw from the contract or demand a reduction in the purchase price of the affected item.

d) The standard warranty period for material and legal defects is 12 months for merchants and 24 months for consumers. It begins with the transfer of risk.

The sale of used items to entrepreneurs is done without any warranty, whereas the warranty for consumers is limited to 12 months.

4. If the customer is an entrepreneur, they assume an obligation to inspect and give notice of defects according to § 377 HGB for all deliveries and services of the seller. The customer must inspect the product for functionality immediately after the transfer of risk or acceptance and report any detected defects as well as concealed defects discovered later to the seller in writing in a comprehensible form without delay, at the latest within 5 days.

5. a) The customer is obliged to provide the seller with all information and verifiable documents necessary for defect identification.

b) If the defect cannot be identified during an inspection by the seller, the customer bears the costs of the inspection.

6. In the event of a defect, the seller is entitled to first attempt rectification or replacement (subsequent performance) up to three times at their discretion. § 440 BGB German Civil Code (BGB)

7. a)Ifthesubsequentperformance fails, the customer's rights from § 437 No. 2 and 3 BGB remain reserved after setting a deadline. The deadline must be set in writing and must be at least 14 working days.

b) In the case of defect remediation, the seller is obliged to bear all expenses necessary for the purpose of defect remediation, particularly transport, travel, labor, and material costs, provided these do not increase because the service or product has been moved to a location other than the place of performance.

c) The seller's right to subsequent performance only expires upon payment of damages, even if the customer has previously requested it.

8. If the seller's operating or maintenance instructions are not followed, products are modified, parts are replaced, or consumables are used that do not meet the original specifications, any warranty is void if the customer does not refute a substantiated claim that one of these circumstances caused the defect.

9. Deviations in dimensions, grain, and color nuances due to the natural product are not considered defects.

 

§ 10 Retention of Title

a) The seller retains ownership of the delivery item until all payments from the business relationship with the customer have been received. In the event of the customer's breach of contract, particularly in the event of payment default, the seller is entitled to demand the return of the delivery item.

b) The return of the item constitutes a withdrawal from the contract.

c) After the return, the seller is entitled to realize the item. The proceeds from the realization are to be credited to the customer's liabilities – less reasonable realization costs. The customer is entitled to resell the delivery item in the ordinary course of business; however, they hereby assign to the seller all claims in the amount of the invoice final amount (including VAT) arising from the resale against their buyers or third parties, irrespective of whether the delivery item is resold without or after processing.

d) The seller revocably authorizes the customer to collect the claims assigned to the seller for the seller's account in the customer's own name. This collection authorization can only be revoked if the customer does not properly meet their payment obligations.

e) The processing or transformation of the purchased item by the customer is always carried out for the seller.

f) If the delivery item is processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the delivery item (invoice final amount, including VAT) to the other processed items at the time of processing.

g) For the item created by processing, the same applies as for the item delivered under reservation.

h) If the delivery item is inseparably mixed with other items not belonging to the seller, the seller acquires co- ownership of the new item in proportion to the value of the delivery item (invoice final amount, including VAT) to the other mixed items at the time of mixing.

i) If the mixing occurs in such a way that the customer's item is considered the main item, it is agreed that the customer transfers proportionate co-ownership of the new item to the seller. The customer shall hold the sole or co-ownership for the seller free of charge.

j) The seller undertakes to release the securities to which they are entitled at the customer's request to the extent that the realizable value of their securities exceeds the claims to be secured (including all balance claims from current accounts) to which the seller is entitled from the customer now or in the future by more than 10 %; the selection of the securities to be released is at the seller's discretion.

k) In the event of third-party access to the reserved goods, particularly seizures, the customer will point out the seller's ownership and notify the seller immediately so that the seller can enforce their ownership rights.

l) If the third party is not in a position to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the customer is liable for these.

 

§ 11 Limitation of Liability

1. WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin is liable for claims due to the absence of guaranteed properties and for damages caused intentionally or through gross negligence by their legal representatives and/or executive employees.

2. a)othercompensationclaims resulting from delays by WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin, an impossibility for which WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin is responsible, or a breach of duty that is essential for achieving the contract's purpose (cardinal obligation), are limited to such damages that are typically foreseeable and occur during the proper use of the goods.

b) In such a case, the liability is limited to twice the amount of the sales price paid at the time of the order.

3. Any further liability is excluded, particularly for claims not arising from the goods themselves, claims for lost profits, or financial losses of the customer.

4. In any case, the seller's liability for damages to life, body, or health, liability under the Product Liability Act, and other claims from producer liability and in cases where a guarantee has been assumed by the seller remain unaffected.

5. If the customer relies on the assumption of a guarantee, they bear the burden of proof for the existence of a guarantee case. In such a case, the liability for damages is limited to the foreseeable, typically occurring damage.

 

§ 12 Registered Office and Liability

1. WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin is based in Germany. The managing partner is WinterKoenig Guitar Conception Scholl & Stellwag GbR, Königsheideweg 9b, 12437 Berlin.

2. WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin can be reached by phone at +49 (0) 160-7859491. For contact via email, please use ralfscholl@winterkoenig.com.

 

§ 13. Data Storage

We hereby inform the buyer that the seller processes company and, if applicable, personal data collected in the course of the business relationship in accordance with the provisions of the Federal Data Protection Act (BDSG).

Furthermore, the privacy and data protection notices of WinterKoenig Guitar Conception Scholl & Stellwag GbR Berlin apply.

GDPR

 

§ 14 Applicable Law, Jurisdiction, Place of Performance, Miscellaneous

1. These terms and conditions and all legal relationships between the seller and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. In so far as the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the seller's place of business is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

3. The seller's place of business is the place of performance.

4. Should any provision in these terms and conditions or any provision within the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected.