General Terms & Conditions

 

§ 1 General:

1. For all business relationships with our customers, our general terms and conditions ("GTC") apply exclusively and regardless of the type of order (telephone, fax, e-mail, internet or shop) in their currently valid version. Customers can be both entrepreneurs and consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 German Civil Code). An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 German Civil Code).

2. We do not recognize conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity. Our terms and conditions also apply if we carry out the delivery without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions.

§ 2 Offer and conclusion of contract:

1. The presentation of the products in the online shop and on all social media channels (Facebook, Instagram, YouTube) does not represent a legally binding offer instead it is merely a non-binding offer of the range of available goods. The customer has to check the correctness, in particular with regard to price and quantity, and correct it if necessary. By clicking on the "Buy" button, the customer places a binding order for the goods in the shopping cart. A confirmation of the receipt of the order follows immediately after sending the order. The purchase contract is only concluded with our separate order confirmation.

2. Public Peace Music Productions reserves the right not to fulfill the order if it turns out after the conclusion of the contract that the goods are not available or the configuration can not be build, although a corresponding obligation has been concluded. In such a case the customer will be notified immediately. Any consideration already provided will be reimbursed immediately. Further claims against Public Peace Music Productions are excluded.

3. We save the contract text and send the customer an order overview by email. If the customer has registered, they can view orders they have placed in our customer log-in area.

4. The contract language is German or English.

§ 3 Delivery terms:

1. The delivery costs for a custom instrument within Germany are included.

2. Deliveries to all other countries are charged separately and must be borne by the customer. Please note that additional customs duties and fees may apply, which must also be borne by the customer.

3. If requested, we can send the goods to the customer by express. In this case, we will charge the customer for the additional costs incurred.

4. If, due to the total volume or weight of the goods ordered, delivery by a freight forwarder is necessary, this will be free to the curb.  Additional agreements regarding further delivery services are to be made directly with us and/or via the respective forwarding agent. Additional costs are to be borne by the customer himself.

5. If the customer is business (§ 14 German Civil Code), delivery is generally at the customer's risk. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the item sold does not pass to the customer until the item is handed over, even if the item is sold by mail. The handover is the same if the buyer is in default of acceptance. Delivery is made to the delivery address specified by the customer.

6. If the customer's duty to cooperate is necessary, the delivery period does not start before the customer has fulfilled this duty.

7. If acceptance is unjustifiably refused for deliveries, an incorrect delivery address is given or if the goods are not accepted or not delivered on our part for other reasons for which the customer is to blame, the customer is obliged to pay all freight costs and charges incurred.

8. The goods are to be examined for transport damage immediately after receipt by the customer or his agent if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant within the meaning of the German Commercial Code, must have any detectable transport and packaging damage confirmed in writing by the transport company upon acceptance of the goods and report this to Public Peace Music Productions. Customers who are consumers in a legally non-binding manner to report obvious transport damage to us as well.

9. Obstacles to performance that are not attributable to the risk area of ​​a contracting party release the contracting parties from their mutual performance obligations for the duration of the disruption and the extent of its effect. Strikes and lockouts, force majeure, riots, acts of war or terrorism, official measures and other unforeseeable, unavoidable and serious events are deemed to be impediments to performance. These events are equivalent to unforeseeable events for which we are not responsible (e.g. delivery delays by sub-suppliers, raw material or energy deficiencies, significant operational disruptions, for example due to the destruction of the company as a whole or important departments or the failure of indispensable production facilities) if they make delivery unreasonably difficult for us or make it temporarily impossible. In the event of an exemption from the obligation to perform, each contracting party is obliged to inform the other party immediately and to keep the effects for the other contracting party as low as possible within the scope of what is reasonable. If the performance becomes permanently impossible, the customer is entitled to the statutory claims as a result of the impossibility.

§ 4 Prices and terms of payment:

1. The prices are final prices including German VAT. Any additional costs incurred (e.g. shipping costs) will be specified separately.

2. Unless otherwise agreed in writing, invoices from Public Peace Music Productions are payable immediately and without deduction.

3. Payments in a foreign currency will considered after received it on our account (date of payment, amount). Bank fees must be borne by the customer.

4. The ordered custom instrument will only be sent after receipt of payment on our account at GLS Bank, regardless of the payment service provider (bank transfer, PayPal, Klarna, instant transfer, credit card).

5. When ordering via our configurator, the creation of the instrument will only start after a deposit of at least 50% of the total amount. The finished instrument will only be delivered after payment has been received in full on our account.

§ 5 Retention of title:

1. In the case of contracts with consumers, Public Peace Music Productions reserves ownership until the purchase price has been paid in full.

2. The delivered goods remain the property of Public Peace Music Productions until all existing claims against the customer, including all existing ancillary claims, have been paid in full, insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB).

3. If the customer is an entrepreneur, we reserve title to the goods until all claims against the customer have been met, even if the specific goods have already been paid for.

4. In the event of seizure and other interventions by third parties, the customer must point out our property and notify us immediately in writing.

§ 6 Warranty:

1. Custom instruments are excluded from the guarantee.

2. If the delivered goods show obvious transport damage or defects, the customer is requested to notify us of such errors immediately. The complaint helps us to assert our own claims against the carrier or the transport insurance.

3. Defects or damage that can be traced back to culpable or improper handling or improper installation as well as the use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned are excluded from the guarantee.

4. The usual and typical product wear and tear on wearing parts e.g. strings, bulbs, headlights, LEDs, sticks, rechargeable batteries / batteries, potentiometers, faders, laser diodes, pitch benders, keyboards, switches, all tubes (also built-in), etc. are not covered by the warranty.

5. The defective goods must be returned to us in their original packaging (with all accessories, instructions, etc.).

6. If the customer accepts the goods or the object of the order despite knowledge of a defect, he is only entitled to warranty claims to the extent described below if he expressly reserves these in writing (e.g. e-mail) immediately after receiving the goods.

7. A recognized defect is remedied in such a way that the defective goods are repaired free of charge or replaced by a flawless product (possibly also a successor model), at our option. Replaced products or parts become the property of Public Peace Music Productions.

8. Information about the duration of the repair is generally non-binding, unless a date for completion has been agreed in writing. There is no entitlement to loan equipment during the repair period.

9. If the customer has made claims against us because of warranty claims and it turns out that either there is no defect or the claimed defect is based on a circumstance that does not oblige us to guarantee, the customer is responsible for our claims to reimburse us for all costs incurred as a result.

10. Limitation periods do not start again after replacement.

§ 7 Liability for damage:

1. We are only liable for damage other than injury to life, body and health insofar as this is based on willful or grossly negligent action or culpable breach of an essential contractual obligation by Public Peace Music Productions or a vicarious agent (e.g. the delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected. If an essential contractual obligation is negligently breached, our liability is limited to the foreseeable damage.

2. As far as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.

§ 8 Statutory right of withdrawal:

1. The right of withdrawal does not apply to contracts and for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. configurator orders).

§ 9 Choice of law - place of jurisdiction:

1. German law applies exclusively to the exclusion of the UN Sales Convention (CISG). In the event that the buyer is a consumer, this only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

2. If the customer is a merchant, legal entity under public law or special fund under public law, Düren is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these general terms and conditions.

§ 10 Alternative dispute resolution:

1. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§11 Final provisions:

1. Should any provision of these general terms and conditions be ineffective, the rest of the contract will remain effective. The relevant statutory provisions apply in place of the ineffective provision.