General Terms and Conditions
1. General Provisions
The following General Terms and Conditions in their applicable version govern all business relationships of any kind between Rheingold-Music UG and the customer.
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order (a non-binding online catalogue). By clicking the button “Submit Order,” the customer makes a binding offer to purchase the goods in the shopping cart. Confirmation of receipt of the order follows immediately after submitting the order. The purchase contract comes into effect upon our separate order confirmation or upon delivery of the goods. The contract text is stored; the order data and a link to the General Terms and Conditions are sent to the customer by email. All previous orders can be viewed by the customer in the login area.
Rheingold-Music reserves the right to withdraw from the contract if, after the contract has been concluded, it becomes apparent that the goods are not available despite having entered into a corresponding supply agreement. In such a case, the customer will be informed without delay. Any payments already made will be refunded immediately. Further claims against Rheingold-Music are excluded.
The contract language is German.
2. Delivery
If the customer is an entrepreneur (§ 14 BGB), delivery is made at the customer’s risk. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss or deterioration of the goods passes to the customer upon handover of the goods—even in the case of shipment. Handover is deemed equivalent if the customer is in default of acceptance. Delivery is made to the delivery address provided by the customer.
All prices are cash prices including VAT, plus any applicable packaging and shipping costs.
Shipping prices for deliveries within Germany and to other countries can be found under “Shipping Costs.” For deliveries to non-EU countries, additional customs duties and fees may apply.
The customer must inspect the goods for transport damage immediately upon receipt. Visible transport damage must be reported in writing without delay. Packaging damage must be confirmed in writing by the carrier upon delivery.
Stated delivery times are generally non-binding unless a specific delivery time has been expressly agreed upon in writing.
3. Warranty and Liability
Defects or damages caused by improper or negligent handling, incorrect installation, use of unsuitable accessories, or modifications to original parts by the customer or by third parties not authorized by Rheingold-Music are excluded from the warranty.
Normal wear and tear is also excluded from the warranty.
If the customer accepts goods despite knowledge of a defect, warranty claims exist only if the customer expressly reserves such rights in writing immediately after receiving the goods.
Warranty claims for transport damage exist only if the customer has fulfilled their inspection and reporting obligations under § 2 point 5. This does not apply if the customer is a consumer under § 13 BGB.
The warranty period for new goods is 24 months, beginning upon transfer of risk. The warranty period for used goods is 12 months, except as stated in § 4, item 7, where unlimited liability applies for injury to life, body, or health. For entrepreneurs (§ 14 BGB), the warranty period is 1 year for new goods and 6 months for used goods.
Otherwise, the statutory warranty provisions apply.
Rheingold-Music is liable for damages—other than those arising from injury to life, body, or health—only in cases of intentional or grossly negligent conduct or breach of essential contractual obligations by Rheingold-Music or its agents (e.g., the delivery service). Further liability is excluded. The provisions of the Product Liability Act remain unaffected. If an essential contractual obligation is negligently breached, Rheingold-Music’s liability is limited to foreseeable damages.
Claims for damages due to non-performance or delay are excluded unless caused by intent or gross negligence.
4. Five-Year Rheingold-Music Warranty
Rheingold-Music provides a warranty for all defects occurring within five years from the transfer of risk, provided these defects can be proven to result from material or manufacturing faults. The warranty claim is granted exclusively to customers who are consumers under § 13 BGB and is non-transferable.
The warranty does not cover:
Used equipment and accessories, unless otherwise stated in the product description
Products subject to wear or natural usage
Defects caused by failure to follow operating instructions, improper use, abnormal environmental conditions, improper operating conditions, overloading, or insufficient maintenance
Defects caused by the use of non-original accessories, supplementary parts, or replacement parts
Products that have been modified or altered
Minor deviations from the intended condition that are insignificant for the value or usability of the product.
3. The remedy of a defect recognized by Rheingold-Music as covered by the warranty shall be carried out at our discretion by repairing the defective product free of charge or replacing it with a faultless product (possibly a successor model). Products or parts that have been replaced become the property of Rheingold-Music.
Warranty claims must be asserted within the warranty period. For this purpose, the affected product must be returned to Rheingold-Music together with a copy of the invoice.
Apart from the right to remedy defects in the product as stated in these warranty conditions, no further claims are established by this warranty.
The provision of warranty services does not extend the warranty period for the product, nor does it restart the warranty period.
5. Due Date and Payment Terms
Unless otherwise agreed in writing, invoices issued by Rheingold-Music are payable immediately and without deduction. Payment upon delivery is made in cash by cash on delivery; if the customer orders by credit card or prepayment, the goods will be delivered accordingly. For credit card payments, the actual charge is made upon issuance of the invoice and shipment of the goods. Upon submitting the online order, the total amount is reserved on the customer’s credit card.
Rheingold-Music reserves the right to reject cheques and other non-cash payment methods. Acceptance is always on account of performance only. Payments in foreign currencies are credited according to the bank statement. Bank charges are to be borne by the customer.
If the customer is in default of payment, the outstanding amount bears interest at a rate of five percentage points above the applicable base interest rate for the duration of the default. If Rheingold-Music can prove higher default damages, Rheingold-Music is entitled to claim them.
6. Retention of Title
Until all claims against the customer, including any ancillary claims, have been fully settled, the delivered goods remain the property of Rheingold-Music. For contracts with consumers (§ 13 BGB), Rheingold-Music retains ownership until full payment of the purchase price.
The customer is not entitled to sell the goods to third parties or take any other actions that may endanger Rheingold-Music’s ownership until full payment of the purchase price has been made. The customer hereby assigns to Rheingold-Music all future claims against any purchaser in the amount of the purchase price agreed between Rheingold-Music and the customer, including interest and ancillary claims. Rheingold-Music accepts this assignment.
7. Place of Performance and Jurisdiction
German law exclusively applies.
The place of performance for all obligations arising from the business relationship with Rheingold-Music is Duisburg, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, Duisburg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship or these General Terms and Conditions.
Final Provision
If any of these provisions—regardless of the reason—should be invalid, the validity of the remaining provisions shall not be affected.
8. Statutory Right of Withdrawal
Right of Withdrawal:
The customer (as a consumer pursuant to § 13 BGB) may withdraw from the contract within 14 days without giving any reason, in text form (e.g., letter, fax, email) or—if the goods are delivered before the end of the withdrawal period—by returning the goods. The period begins after receipt of this information in text form, but not before the goods have been received by the customer (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before fulfillment of the information requirements pursuant to Art. 246 § 2 EGBGB in conjunction with § 1 (1) and (2) EGBGB and § 312g (1) sentence 1 BGB in conjunction with Art. 246 § 3 EGBGB. Sending the withdrawal or the goods in time is sufficient to meet the deadline, except for items marked as “Made to Order.”
The withdrawal must be sent to:
Rheingold-Music UG
Lauerstr. 12–16
47198 Duisburg
Email: info@rheingold-music.de
Consequences of Withdrawal:
In the event of a valid withdrawal, both parties must return the received goods and services and, where applicable, surrender any benefits derived (e.g., interest). If the customer cannot return the received goods or benefits in whole, in part, or only in deteriorated condition, the customer must provide compensation for lost value, where applicable. The customer must compensate for deterioration of the goods only if the deterioration is due to handling beyond what is necessary to check the nature and functionality of the goods. “Checking the nature and functionality” means testing the goods as would be possible in a retail store. Apart from this, the customer can avoid the obligation to pay compensation by not treating the goods as their own property and refraining from anything that reduces their value.
Goods that can be sent by parcel must be returned at our risk. The customer must bear the regular cost of return shipping if the goods delivered correspond to those ordered and if the price of the returned goods does not exceed €40, or if, in the case of a higher price, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, return shipping is free of charge for the customer. Goods not suitable for parcel shipment will be collected from the customer. Payment reimbursements must be made within 30 days. The period begins for the customer upon dispatch of the withdrawal or goods, and for Rheingold-Music upon receipt.
Financed Transactions:
If this contract is financed by a loan and the customer withdraws from the financed contract, the customer is no longer bound by the loan agreement if both contracts form an economic unit. This is assumed if Rheingold-Music is the lender or if the customer’s lender uses Rheingold-Music’s cooperation to finance the purchase. If the loan amount has already been transferred to Rheingold-Music at the time the withdrawal becomes effective, the customer’s lender shall assume Rheingold-Music’s rights and obligations under the financed contract.
Exclusion of the Right of Withdrawal:
The right of withdrawal does not apply to distance contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs (“Made to Order”). This also applies to goods which, due to their nature, are unsuitable for return, may spoil quickly, or whose expiry date would be exceeded. The right of withdrawal does not apply to audio or video recordings or software whose seals have been broken by the customer.
The customer must bear the regular cost of return shipping if the delivered goods correspond to the goods ordered and if the price of the returned goods does not exceed €40, or if, in the case of a higher price, the customer has not yet provided the payment at the time of withdrawal. Otherwise, Rheingold-Music bears the return shipping costs. For returns from abroad, Rheingold-Music cannot cover return shipping costs as part of the return policy.