Terms & Conditions
Terms and Conditions (GTC)
§ 1 - Scope
For the business relations of any kind between Banzai Music GmbH (in the following 'offerers') and the customer the following terms and conditions apply in their respective valid version at the time of the order. Deviating general terms and conditions of the customer are not valid. These are only effective if they are confirmed by the provider in writing.
§ 2 - Conclusion of the contract
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the provider to conclude a purchase contract. It is a non-binding online catalog of the product range. By clicking on the button 'Submit order', the customer makes a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer recognizes these terms and conditions as binding for the legal relationship with the provider alone.
(2) The provider sends a confirmation of receipt of the order immediately after sending the order. This order confirmation does not represent the acceptance of the contract offer by the provider. The purchase contract comes about with our separate order confirmation or delivery of the goods.
(3) The contract language is German.
§ 3 - delivery
(1) Partial deliveries reasonable for the customer are permitted.
(2) All prices include VAT plus shipping costs. The shipping costs are visible under the link [Shipping costs].
§ 4 - Right of withdrawal for consumers within the meaning of § 13 BGB
Cancellation:
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us Banzai Music GmbH
Benzstr. 46-50
12277 Berlin
Email: support@banzaimusic.com
Tel: (030) 89060740
Fax: (030) 89060742
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
§ 5 - Warranty and damages
(1) The warranty rights of the customer shall be governed by the general statutory provisions, unless otherwise specified below.
(2) The warranty period for end users is 2 years for new items and 1 year for used items. For entrepreneurs, the warranty period is 1 year for new items and 6 months for used items. The above shortening of the warranty periods does not apply to claims for damages of the customer due to a violation of life, body, health as well as for claims for damages due to a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The above shortening dhe warranty period does not apply to claims for damages of the customer due to injury to life, limb, health or for claims for damages due to a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The aforementioned shortening of the limitation periods shall also not apply to claims for damages due to a grossly negligent or intentional breach of duty by Banzai Music GmbH, its legal representatives or vicarious agents.
(3) A guarantee is not accepted by Banzai Music GmbH.
§ 6 - Disclaimer
(1) Claims for damages of the customer are excluded, unless otherwise stated below. The above disclaimer of liability also applies in favor of the legal representatives and vicarious agents of the provider, if the customer claims against them.
(2) Claims for damages due to injury to life, body, health and claims for damages resulting from the violation of essential contractual obligations are excluded. The liability for damages resulting from intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents is also excluded from the disclaimer.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 7 - Retention of title and due date
(1) The delivered goods remain the property of Banzai Music GmbH until full payment.
(3) Payment of the purchase price is due upon conclusion of the contract.
§ 8 - Place of Performance and Jurisdiction
(1) The law of the Federal Republic of Germany applies exclusively. The application of the UN Sales Convention is excluded. (2) Jurisdiction is the domicile of the provider, if the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 9 - Final provision
Should any provision of these General Terms and Conditions be ineffective, the validity of the remaining provisions shall remain unaffected.
