§1 General Information
The following Terms and Conditions for the provision of service, in their currently valid version, apply to the business relationships between the Music Store Karami Owner: Mashroot Karami (hereinafter referred to as Musikhaus Karami) and its customers, which are established via the online shop of Musikhaus Karami. Any terms and conditions of the Customer that contradict or deviate from these are not valid, unless otherwise agreed in written form. The Musikhaus Karami reserves the right not to provide the corresponding services, if after having entered into the contract, the goods happens to be not available, even though a corresponding contractual obligation has been agreed. In such a case, the Customer will be informed immediately. Any compensation already provided will be refunded immediately. Further claims against Musikhaus Karami are excluded.
1. Musikhaus Karami only consideres all offers to be legally binding once they have been confirmed in writing, or once the goods have been delivered and/or an invoice has been issued.
2. The presentation of the offers in the online shop does not correspond to a legally binding offer, but this merely represents a non-binding presentation of goods in the sense of a catalogue. By clicking on the „Buy“ button (German: „Zahlungspflichtig bestellen“) at the end of the ordering process, the Customer places a legally binding order.
3. To register in the online shop, it is necessary to create a user account. To do this, the customer must first enter his user name, address and bank details. Upon confirmation of the registration, the Customer’s personal data will be stored and managed digitally and in accordance with the data protection regulations.
4. With each order, the Customer has the opportunity to check, correct or withdraw his binding purchase offer. Furthermore, it is possible to choose different delivery addresses and payment methods. Instant bank transfers, advance payments, credit card and PayPal are also accepted.
5. After dispatching the order, the Customer receives a confirmation e-mail containing the exact order data and the official revocation instruction.
6. The Online Shop is continuously provided with information concerning the availability of the products offered. If after placing the order turns out that the goods are not available, the Customer will be informed immediately after Musikhaus Karami has become aware of this. The Customer then has the opportunity to withdraw his or her legally binding purchase offer.
1. Deliveries of goods are not made by the Musikhaus Karami, but are ordered from an external delivery service.
2. If the Customer is an entrepreneur in the sense of Section 14 of the German Civil Code (BGB), the delivery is always at the Customer’s risk. This also applies to partial deliveries. If the Customer is a consumer within the meaning of Section 13 of the German Civil Code, the risk of accidental loss and accidental deterioration of the purchased item, including in the case of mail order purchases, shall not pass to the Customer until the purchased item is handed over to the Customer. The handover takes place also if the Customer is in default of acceptance. The delivery is made to the delivery address indicated by the Customer.
3. Musikhaus Karami reserves the right to release the goods ordered by the Customer for dispatch only when the invoice is complete. Partial deliveries at the request of the Customer are also possible at any time. The costs incurred for this are borne by Musikhaus Karami.
4. The goods are not insured during transport. If necessary, it is possible get these insured, the cost of which is borne by the customer.
5. All prices are cash prices including value added tax and plus any packaging and transport costs.
6. If the purchase value is less than 30 EUR, delivery charges within Germany of 3,55 EUR will apply. From a purchase value of more than 30 EUR, delivery within Germany is free of charge. Shipping costs to other countries may vary. The Customer may be subject to additional customs duties and fees.
7. Information on delivery periods is not binding unless a fixed delivery period has been agreed in written form. Musikhaus Karami is obligated to inform the Customer as soon as possible, if Musikhaus Karami becomes aware of any changes to the delivery time.
8. If the Customer is a merchant within the meaning of the German Commercial Code (HGB), the Customer is obliged to inspect the goods immediately upon receipt by her/him or her/his representative. Any transport and packaging damage detected must be confirmed in written form by the transport company upon receipt of the goods and reported to Musikhaus Karami immediately. Customers who are users are also advised to report any transport damage without legal obligation.
9. If the Customer unjustifiably refuses to accept the delivery, this latter shall bear all costs incurred thereby.
§4 Legal Right of Revocation
1. If the Customer is a consumer in the sense of Section 13 of the German Civil Code (BGB), she/he has the right to revoke the contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the Customer or a third party named by her/him has received the last goods. The period does not begin to run until the Musikhaus Karami has fulfilled its duty to inform the Customer in accordance with Art. 246a Section 1Introductory Act to the Civil Code (EGBGB).
2. In order to exercise the right of revocation, the Customer must inform Musikhaus Karami of her/his intention to revoke the contract by means of a clear declaration. This declaration is to be addressed to Musikhaus Karami, Fuhlsbüttler Straße 107, 22305 Hamburg, telephone: +49 (0) 40 3093 8586, e-mail: email@example.com. Furthermore, the enclosed sample revocation form can be used.
3. To comply with the revocation period, it is sufficient a punctual notification of the willingness to exercise the right of withdrawal.
4. In the event of an effective revocation, all services rendered to date must be returned within fourteen days and any benefits derived must be returned. Musikhaus Karami may refuse to refund the purchase price until the Customer has returned the goods or provided proof of shipment. The same means of payment will be used for the refund as was used by the Customer in the original transaction. The return shipping costs are borne by the Customer.
5. If the Customer cannot return the services received in whole or in part or only in a deteriorated condition, compensation for lost value may be required. This does not apply, however, if the deterioration of the goods is exclusively due to proper inspection. Compensation can be avoided if the Customer uses the purchased goods for their intended purpose and not as his property and refrains from doing anything that could impair their value.
6. Packageable items are to be returned. The Customer is required to enclose all associated components securely packed with the shipment.
§5 Warranty and Compensation Claims
1. Defects or damages resulting from culpable or improper treatment or improper installation, as well as the use of unsuitable accessories or changes to the original parts made by the Customer or a third party not commissioned by Musikhaus Karami, are excluded from the warranty.
2. Naturally occurring signs of wear are equally excluded from warranty protection.
3. If the Customer accepts the goods despite knowledge of a defect, she/he shall only be entitled to warranty claims to the extent described below, if she/he expressly reserves such claims in writing immediately after receipt of the goods.
4. If the Customer is an entrepreneur in the sense of Section 13 of the German Civil Code (BGB), she/he is only entitled to warranty claims due to existing transport damage, if she/he has fulfilled his obligation to examine and report in accordance with §3 Number 8 of this agreement. This does not apply if the Customer is a consumer within the meaning of Section 13 BGB. In case of transport damages, an application has to be made at the delivery company.
5. The warranty period for new items is 24 months. The period begins with the transfer of risk. The warranty period for used goods is 12 months. If the customer is an entrepreneur in the sense of §14 BGB, the warranty period for new items is twelve months and for used items six months from transfer of risk.
6. In all other respects, the warranty is ruled by the statutory provisions.
7. Any additional producer’s guarantees that may exist are based on the guarantee conditions specified by the manufacturer. Any resulting claims must be asserted against the producer.
8. Except for the damages resulting from injury to life, body and health, Musikhaus Karami is only liable for those damages, those are due to intentional or grossly negligent conduct or culpable breach of a material contractual obligation by Musikhaus Karami or its agents (e.g. the delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. In the event of a negligent breach of an essential contractual obligation, the liability of Musikhaus Karami is limited to foreseeable damages.
§6 Due Date and Terms of Payment
1. The invoices of Musikhaus Karami are payable immediately and without deduction, unless otherwise agreed in written form.
2. If the Customer defaults on the payment of the purchase price, interests shall be charged on the sum of the purchase price during the whole period of default at five percentage points above the base rate. If the Customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the interest rate shall increase to 9 percentage points above the base rate. If the Musikhaus Karami can be proven to have incurred higher damages due to the delay, the Musikhaus Karami is entitled to claim these damages.
3. If the Customer does not pay the invoice even after the grace period granted by Musikhaus Karami has expired, the Customer will incur additional reminder fees of 10 euros each.
§7 Retention of Title
1. The delivered goods remain the property of Musikhaus Karami until full payment of all claims against the Customer, including all subsidiary claims. In the case of contracts with consumers within the meaning of §13, Musikhaus Karami retains ownership until the purchase price has been paid in full.
2. The Customer is not entitled to sell the goods to third parties, or to take any other measures that endanger the property of Musikhaus Karami until the purchase price has been paid in full. The Customer hereby assigns to Musikhaus Karami its future claims against the purchaser in the amount of the purchase price agreed between Musikhaus Karami and the Customer, including interest and ancillary claims. Musikhaus Karami accepts this assignment.
§8 Place of Performance and Jurisdiction
1. German Law shall apply exclusively.
2. The place of performance for all services arising from the business relationship with the Musikhaus Karami is the registered office of the Musikhaus Karami, insofar as the Customer is a businessperson, a legal entity of public law or a public-sector special fund.
3. The exclusive place of jurisdiction for all disputes arising from the contractual relationship between Musikhaus Karami and its customers is Hamburg, provided that the customer is a businessperson, a legal entity of public law or a public-sector special fund.
§9 Final Provisions
1. In the event that some of these regulations given above – for any reason whatsoever – not apply, the effectiveness of the remaining clauses thereby will not be affected.
2. The unenforceable provision shall be replaced by an enforceable provision that meets the purpose of the abolished provision to the greatest extent possible.