General Terms and Conditions
- General – Scope
- Online Ordering Process
- Conclusion of Contract
- Provision of Service
- Terms of Payment
- Right of Revocation
- Warranty Rights
- Right of Ownership
- General Liability Provisions
- Other General Terms
§ 1 General – Scope
1.1 The terms and conditions listed below shall apply to all online services (hereinafter the “services”) and product deliveries (the “deliveries”) provided therein by Oboe-Shop.de (the “seller”) to the client (hereinafter the “buyer”). The terms “you” and “your” in uppercase or lowercase shall mean the client entering into an agreement with Oboe-Shop.de. Differing terms and conditions of the client only apply if explicitly confirmed by the seller in writing, otherwise they are not effective. The terms and conditions shall apply if Oboe-Shop.de decides to execute any order of the client that differs from the original terms and conditions.
1.2 These terms and conditions shall implicitly apply to all future contracts described in 1.1. Oboe-Shop.de describes a commercial offer, Heiko Frosch being the seller. The purchase contract is hereby concluded with:
Inhaber: Heiko Frosch
Tel. +49 (0) 69 / 95 10 31 70
Fax. +49 (0) 69 / 95 10 31 71
For any queries, reclamations or claims please can contact Oboe-Shop.de from 09:00 am until 6.30 pm through telephone or email.
1.3 Oboe-Shop.de abides by the applicable law and does not obey any further codes of conduct under private law.
1.4 The contracts are drafted in German language.
§ 2 Online Ordering Process
2.1 Once the client accesses Oboe-Shop.de.’s website, product descriptions can be obtained by clicking on the products. Some products offer more details by clicking down further levels.
2.2 The client can type in the quantity of the articles to be ordered and ads by clicking the button “add to shopping cart” the chosen article automatically to the shopping cart.
2.3 The shopping cart will then show all articles that have been chosen so far. The client can update the order quantity or delete articles that have been added to the shopping cart initially by checking the icon “delete” in the line of the article to be deleted.
2.4 The client can click on the following buttons: “update shopping cart” (e.g. after any applied changes), “continue shopping” or “check out”. The function “continue shopping” navigates back to the online shop (see 2.1); where further articles can be chosen, “check out” navigates to the payment instructions within the ordering process. The payable sum will be calculated based on the latest content of the shopping cart. The client should always check the articles or quantities and make any updates prior to checking out.
2.5 The client can exit the ordering process before completing the legally binding order by closing the browser window any time before committing to the online order. No order will be executed.
2.6 Clicking on the button “check out” will navigate the client automatically to the “order form”. All fields marked with “*” are mandatory in order to execute the order and settle the contract (client details, delivery address). All other details are optional. The next window will give the client the option to choose one of the delivery as well as payment modes that are offered by the seller. The following payment methods are currently available: cash on delivery, credit card payment or bank transfer. At the end of the site is a checkbox and a link to the “general terms and conditions” as well as a link to the “right of revocation” statement, clicking on the respective links will navigate the client to the stated information. By clicking on the checkbox, the client confirms that the terms and conditions have been read and accepted. The same applies for the right of revocation statement. The client has the option to save the right of revocation statement to his hard drive by clicking on the “save” button or to print it out immediately or at a later point by clicking on the “print” button.
2.7 Clicking on the button “continue” will navigate the client to the overview page, which summarizes all order details. The client has the option to check or alter any information by clicking on the “update” button. If the client wishes to change any details regarding an ordered article, he/she can do so by clicking on the shopping cart again.
2.8 By clicking on the button “send order” the client is committing to the online order based on the overview page and enters therefore a legally binding contract. Oboe-Shop.de will save and review the order details.
2.9 The client will receive an immediate order confirmation via email once the order details are saved on Oboe-Shop.de’s server. Oboe-Shop.de will send out a separate email to the client’s email address or deliver the goods directly in order to confirm the acceptance of the order. The client will again receive the terms and conditions, main information on the contract, any legally requested details as well as a right for revocation statement in writing.
2.10 Once the client leaves Oboe-Shop.de’s online shop any details about the order are not accessible online anymore.
§ 3 Conclusion of Contract
3.1 The product offer does not represent a legally binding contract but an invitation to order Oboe-Shop.de’s products.
3.2 Any order sent by the client is legally binding. The contract is effective once Oboe-Shop.de confirms the receipt of the order in writing via internet, email or by physically shipping the goods within 14 days upon receipt of the order.
§ 4 Provision of Service
4.1 Oboe-Shop.de solely uses high quality branded products. The quality and composition of the products are described in detail on Oboe-Shop.de’s webpage. Any public statements by the manufacturer, their suppliers or third parties do not contain any additional or differing provision of service.
Oboe-Shop.de highlights explicitly that the products are made of high quality natural commodities. Products can therefore differ slightly from the product photos. Any photos shown on the internet can only provide a general indication of the product.
§ 5 Terms of Payment
5.1 The client can chose from the most convenient payment mode offered by Oboe-Shop.de (see 2.6). Notwithstanding the mode of payment, payments are considered effective, once Oboe-Shop.de can unrestrictedly command the amount.
5.2 The purchase price is strictly net and immediately payable.
5.3 A cash discount of 2 per cent will be granted with advanced payment.
5.4 The client has the right of retention on the purchase price if the purchased product shows any defects, given that the discount has been granted at an appropriate rate and does not exceed any additional costs for a supplementary performance.
5.5 If the client is not in the position to transfer the payable amount according to the payment method, especially due to insufficient funding on the client account or due to wrong information on bank details, the client will have to cover any additional costs that might incur to Oboe-Shop.de or any third parties instructed with the payment processing.
5.6 Oboe-Shop.de reserves the right to draw on trustworthy third parties to process payments.
5.6.1 Oboe-Shop.de has the right to transfer debt claims towards the client to third parties and therefore forward personal client details if Oboe-Shop.de deems it necessary for processing the payment.
5.6.2 Oboe-Shop.de reserves the right to verify the client’s creditworthiness and to gather information from trustworthy information agencies accordingly or to instruct third parties to do so.
5.6.3 Further details are explained in the privacy statement (link)
5.6.4 In the case of Oboe-Shop.de processing payments through third parties, the payment is considered completed once the billing amount has been transferred and made fully accessible to the third party.
§ 6 Terms of Delivery
6.1 The general handling and delivery time within Germany is up to 8 business days upon receipt of payment. Any differing delivery times will be stated on our product sites.
6.2 Oboe-Shop.de reserves the right to include third parties for the execution and delivery of the order.
6.3 Oboe-Shop.de reserves the right to deliver only upon payment receipt.
6.4 Details on delivery costs can be found in the current delivery cost table (LINK).
6.5 The seller does not have any influence on additional delivery costs, taxes or customs duties that may incur for shipments outside the European Union. The client has to cover any additional costs.
6.6 The goods will be delivered to the delivery address that has been stated on the order form.
6.7 Oboe-Shop.de has the right to deliver partially if more than one article is ordered.
6.8 Non-collection or unauthorized non-acceptance of goods will result in additional costs for the client. Furthermore the client has to bear any additional delivery costs if the delivery address has been stated wrongly.
§ 7 Rates
7.1 All prices are stated in Euro. Any further currencies stated on Oboe-Shop.de’s online shop are merely informative. Applicable are the prices that are stated on the summary overview page before submitting a legally binding order (see above 2.7). Any further details on prices within the online shop do not represent a binding offer and remain subject to change. Any errors or differing prices on previous websites or third party websites are not binding to the contractual parties either.
7.2 The Value Added Tax (VAT) is shown separately and is concluded in the final price. Clients residing in Non-EU countries will be billed with the German VAT. The same applies for business clients within the EU if they provide details on their sales tax identification number.
7.3 Delivery cost will be covered by the client. The delivery costs are calculated based on the entire scope and mode of delivery. They will be shown separately on the order summary (see above 2.7)
§ 8 Right of Revocation
8.1 The client, if he/she is the consumer, is entitled to revoke the contract according to the applying legal regulations. Details, terms, execution and legal steps of the right of revocation are stated in a separate document (Link).
8.2 If the client wishes to use his/her right of revocation any costs incurring for returning the goods will have to be covered by the client. Assuming the delivered goods correspond to the ordered products and if the price of the returned goods is below EUR 40 or if the value of the goods exceeds EUR 40 but service or partial payment hasn’t been executed in return yet. Otherwise the goods are to be returned at the seller s expense.
§ 9 Warranty Rights
9.1 Any claims of the client resulting from warranty rights depend on the applying legal regulations.
9.2 The buyer’s warranty rights require that he/she examined the goods and made a complaint in respect of a defect immediately on receipt of goods according to the regulations (§ 377 HGB).
9.3 All claims against Oboe-Shop.de are subject to a statute of limitation and become invalid within one (1) year after passing of risk.
§ 10 Unavailability
10.1 If Oboe-Shop.de is not able to deliver the ordered goods due to reasons outside our influence, i.e. the supplier is not able to deliver the goods, Oboe-Shop.de reserves the right to withdraw from the contract. Any liability arising from culpable intent or negligence is excluded.
10.2 In the above stated case Oboe-Shop.de commits to contact the client via email, telephone or fax immediately and will update him/her about the availability of the requested article. In the case we chose to withdraw from the contract we will advise the client immediately. Any partial payment from the client will be reimbursed immediately.
§ 11 Compensation
11.1 The client has the right to claim compensation if the counter claim is sentential and legally decided and undisputed. The client has the right to claim compensation for claims arising from the contractual relationship.
§ 12 Right of Ownership
12.1 The goods remain in the ownership of Oboe-Shop.de until all claims have been fully completed by the client.
§ 13 General Liability Provision
13.1 As long as it is not mentioned otherwise hereafter, Oboe-Shop.de is only liable for the client’s damages if the loss was caused by Oboe-Shop.de or one of its representatives with intent or gross negligence. Excluded is liability due to warranty rights, if deceit and fraudulent concealment of any defects, personal damage or any regulations according to the product liability act apply.
13.2 Should Oboe-Shop.de or one of its representatives negligently not fulfill a cardinal duty or a duty crucial to the contract, it is liable to pay damages for, foreseeable and typical losses for this type of contract. Oboe-Shop.de is liable without limitation for intent and culpable negligence as well as for damage arising from injury to life, body and health, if deceit and fraudulent concealment of any defects can be excluded or a warranty has been explicitly accepted.
13.3 Excluded is the liability for client’s damages of goods or other objects of legal projects, e.g. other things, in cases of intent or gross negligence, nor to damages due to loss of life, personal injury or impairment of health or malicious concealment of a defect or a warranty has been explicitly accepted.
13.4 As far as hereafter the liability is effectively excluded or limited, this also applies to the personal liability of employees, other employees, entities, representatives and assistants.
13.5 The above provision 13.1-13.4 involves compensation claims beside and instead of the service, irrespective of the legal foundation (e.g. defect, breach of contractual obligation, unlawful act) as well as compensation claims for unavailing expenditures.
Oboe-Shop.de will request, process or use personal client data only to the extent necessary for contractual or billing purposes. Personal information is collected, used and disclosed only as described in this Privacy Statement (Link) and within the legal regulations of the German law.
§15 Other Terms of Business
15.1 Place of Jurisdiction for is Frankfurt/Main.
15.2. Should the customer be a businessman, a corporate body under public law or public funds, the sole court of jurisdiction for all disputes arising from claims of either one of the parties to this contract shall be exclusively Frankfurt/Main.
15.3. This contract is in regard to its creation and all of its effects subject exclusively to the laws of the Federal Republic of Germany. CISG is excluded.
15.4 Should individual provisions of these general terms and conditions be or become ineffective in part or in whole, the validity of the remaining provision will remain unaffected.
The client can access the general terms and conditions by clicking on the below button. He/she is free to save or print a copy.
Last updated, 01.03.2010
Singed by Heiko Frosch