{"id":4581,"date":"2018-01-24T18:58:31","date_gmt":"2018-01-24T17:58:31","guid":{"rendered":"https:\/\/www.peter-meier-gitarre.de\/eula\/"},"modified":"2022-08-12T08:56:16","modified_gmt":"2022-08-12T06:56:16","slug":"eula","status":"publish","type":"page","link":"https:\/\/www.peter-meier-gitarre.de\/en\/eula\/","title":{"rendered":"EULA"},"content":{"rendered":"<div>\n<h2>TABLE OF CONTENTS<\/h2>\n<ol>\n<li>scope<\/li>\n<li>conclusion of contract<\/li>\n<li>right of withdrawal<\/li>\n<li>Prices and terms of payment<\/li>\n<li>Delivery and shipping conditions<\/li>\n<li>Granting of usage rights for digital content<\/li>\n<li>retention of title<\/li>\n<li>Liability for defects (warranty)<\/li>\n<li>Applicable Law<\/li>\n<li>Alternative Dispute Resolution<\/li>\n<\/ol>\n<h2>1) SCOPE OF APPLICATION<\/h2>\n<p><b>1.1<\/b>\u00a0These general terms and conditions (hereinafter &#8220;GTC&#8221;) of Peter Meier (hereinafter &#8220;seller&#8221;) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter &#8220;customer&#8221;) concludes with the seller with regard to the seller&#8217;s online -Shop completes illustrated goods. The inclusion of the customer&#8217;s own conditions is hereby contradicted, unless something else has been agreed.<\/p>\n<p><b>1.2<\/b>\u00a0These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.<\/p>\n<p><b>1.3<\/b>\u00a0A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.<\/p>\n<p><b>1.4<\/b>\u00a0Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their commercial or independent professional activity.<\/p>\n<h2>2) CONCLUSION OF CONTRACT<\/h2>\n<p><b>2.1<\/b>\u00a0The product descriptions contained in the seller&#8217;s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.<\/p>\n<p><b>2.2<\/b>\u00a0The customer can submit the offer via the online order form integrated in the seller&#8217;s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, email or online contact form.<\/p>\n<p><b>2.3<\/b>\u00a0The seller can accept the customer&#8217;s offer within five days,<\/p>\n<ul>\n<li>by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or<\/li>\n<li>by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or<\/li>\n<li>by asking the customer to pay after placing his order.<\/li>\n<\/ul>\n<p>If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer&#8217;s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.<\/p>\n<p><b>2.4<\/b>\u00a0If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.\u00e0 r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: &#8220;PayPal&#8221;), subject to the PayPal Terms of Use, available at <a href=\"https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua \/useragreement-full\">https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua \/useragreement-full<\/a> or &#8211; if the customer does not have a PayPal account &#8211; subject to the conditions for payments without a PayPal account, available at <a href=\"https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/privacywax- full\">https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/privacywax- full<\/a>. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer&#8217;s offer at the point in time at which the customer clicks on the button that completes the ordering process.<\/p>\n<p><b>2.5<\/b>\u00a0When submitting an offer via the seller&#8217;s online order form, the contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller&#8217;s online shop before sending his order, the order data will be archived on the seller&#8217;s website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.<\/p>\n<p><b>2.6<\/b>\u00a0 Before the binding submission of the order via the seller&#8217;s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.<\/p>\n<p><b>2.7<\/b>\u00a0Only the German language is available for the conclusion of the contract.<\/p>\n<p><b>2.8<\/b>\u00a0Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.<\/p>\n<h2>3) RIGHT OF WITHDRAWAL<\/h2>\n<p><b>3.1<\/b>\u00a0Consumers are generally entitled to a right of withdrawal.<\/p>\n<p><b>3.2<\/b>\u00a0Further information on the right of cancellation can be found in the seller&#8217;s cancellation policy.<\/p>\n<p><b>3.3<\/b>\u00a0The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.<\/p>\n<h2>4) PRICES AND PAYMENT TERMS<\/h2>\n<p><b>4.1<\/b>\u00a0Unless otherwise stated in the seller&#8217;s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.<\/p>\n<p><b>4.2<\/b>\u00a0 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.<\/p>\n<p><b>4.3<\/b>\u00a0The payment option(s) will be communicated to the customer in the seller&#8217;s online shop.<\/p>\n<p><b>4.4<\/b>\u00a0If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.<\/p>\n<p><b>4.5<\/b>\u00a0If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.<\/p>\n<h2>5) DELIVERY AND SHIPPING TERMS<\/h2>\n<p><b>5.1<\/b>\u00a0If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller&#8217;s order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.<\/p>\n<p><b>5.2<\/b>\u00a0If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller&#8217;s cancellation policy applies to the return costs.<\/p>\n<p><b>5.3<\/b>\u00a0If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.<\/p>\n<p><b>5.4<\/b>\u00a0The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.<\/p>\n<p><b>5.5<\/b>\u00a0Collection by the customer is not possible for logistical reasons.<\/p>\n<p><b>5.6<\/b>\u00a0Digital Content will be provided to Customer as follows:<\/p>\n<ul>\n<li>via download<\/li>\n<li>by email<\/li>\n<\/ul>\n<h2>6) GRANT OF USE RIGHTS FOR DIGITAL CONTENT<\/h2>\n<p><b>6.1<\/b>\u00a0Unless otherwise stated in the content description in the seller&#8217;s online shop, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the content exclusively for private purposes.<\/p>\n<p><b>6.2<\/b>\u00a0A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.<\/p>\n<p><b>6.3<\/b>\u00a0 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.<\/p>\n<h2>7) RESERVATION OF TITLE<\/h2>\n<p>If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.<\/p>\n<h2>8) LIABILITY FOR DEFECTS (GUARANTEE)<\/h2>\n<p><b>8.1<\/b>\u00a0 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:<\/p>\n<p><b>8.2<\/b>\u00a0If the customer acts as an entrepreneur,<\/p>\n<ul>\n<li>the seller has the choice of the type of supplementary performance;<\/li>\n<li>in the case of new goods, the limitation period for defects is one year from delivery of the goods;<\/li>\n<li>in the case of used goods, the rights and claims due to defects are excluded;<\/li>\n<li>the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.<\/li>\n<\/ul>\n<p><b>8.3<\/b>\u00a0The limitations of liability and reductions in deadlines set out above do not apply<\/p>\n<ul>\n<li>for claims for damages and reimbursement of expenses by the customer,<\/li>\n<li>in the event that the seller has fraudulently concealed the defect,<\/li>\n<li>for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,<\/li>\n<li>for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.<\/li>\n<\/ul>\n<p><b>8.4<\/b>\u00a0In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.<\/p>\n<p><b>8.5<\/b>\u00a0If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.<\/p>\n<p><b>8.5<\/b>\u00a0If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.<\/p>\n<h2>9) GOVERNING LAW<\/h2>\n<p><b>9.1<\/b>\u00a0The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law 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.<\/p>\n<p><b>9.2<\/b>\u00a0 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.<\/p>\n<h2>10) ALTERNATIVE DISPUTE RESOLUTION<\/h2>\n<p><b>10.1<\/b>\u00a0The EU Commission provides a platform for online dispute resolution on the Internet under the following link: <a href=\"https:\/\/ec.europa.eu\/consumers\/odr\" target=\"_blank\" rel=\"noopener\">https:\/\/ec.europa.eu<wbr \/>\/consumers\/<wbr \/>odr<\/a><\/p>\n<p>This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.<\/p>\n<p><b>10.2<\/b>\u00a0The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.<\/p>\n<\/div>\n<div id=\"itkanzlei_txt_copyright\" style=\"font-size: 12px; margin-top: 8em;\">\n<div style=\"display: inline-block; vertical-align: top;\"><a href=\"https:\/\/www.it-recht-kanzlei.de\/\" target=\"_blank\" rel=\"noopener\"><img decoding=\"async\" id=\"itkanzlei_img_copyright\" style=\"margin-top: -20px; border-style: none; max-width: 100%;\" title=\"\u00a9 IT-Recht Kanzlei\" src=\"https:\/\/www.it-recht-kanzlei.de\/logo\/Copyright-Logo_AGB.png?i=30c3c-173be-39c7-907d-1\" alt=\"\u00a9 IT-Recht Kanzlei\" \/><\/a><\/div>\n<div style=\"display: inline-block; vertical-align: top; margin-left: 5px; float: right; white-space: nowrap;\">Status: 07\/23\/2022, 16:22:42<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>TABLE OF CONTENTS scope conclusion of contract right of withdrawal Prices and terms of payment Delivery and shipping conditions Granting of usage rights for digital content retention of title Liability for defects (warranty) Applicable Law Alternative Dispute Resolution 1) SCOPE OF APPLICATION 1.1\u00a0These general terms and conditions (hereinafter &#8220;GTC&#8221;) of Peter Meier (hereinafter &#8220;seller&#8221;) apply [&hellip;]<\/p>\n","protected":false},"author":17,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4581","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.peter-meier-gitarre.de\/en\/wp-json\/wp\/v2\/pages\/4581","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.peter-meier-gitarre.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.peter-meier-gitarre.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.peter-meier-gitarre.de\/en\/wp-json\/wp\/v2\/users\/17"}],"replies":[{"embeddable":true,"href":"https:\/\/www.peter-meier-gitarre.de\/en\/wp-json\/wp\/v2\/comments?post=4581"}],"version-history":[{"count":2,"href":"https:\/\/www.peter-meier-gitarre.de\/en\/wp-json\/wp\/v2\/pages\/4581\/revisions"}],"predecessor-version":[{"id":4582,"href":"https:\/\/www.peter-meier-gitarre.de\/en\/wp-json\/wp\/v2\/pages\/4581\/revisions\/4582"}],"wp:attachment":[{"href":"https:\/\/www.peter-meier-gitarre.de\/en\/wp-json\/wp\/v2\/media?parent=4581"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}