General Terms and Conditions (GTC) (Status 05.09.2022)
1. Scope of application
All deliveries and services of Huppertz Verstraeten GbR to consumers or commercial customers are subject to the exclusive application of these General Terms and Conditions, hereinafter referred to as “GTC”, in the version valid at the time of the order.
2. Any conflicting terms and conditions on the part of the customer shall only be valid if we expressly agree to them in writing.
3. Subject matter of the contract
3.1. The subject of the contract is exclusively the sold product.
3.2. Products from our online shop
We provide photos descriptions, sound samples to the best of our knowledge and belief to present our products in the online store. All are non-binding and do not claim to be complete. They may differ slightly from the actual product (in color, sound, size, …).
4. Conclusion of the contract
4.1. The presentation of the products in the online store is not a legally binding offer, but an invitation to order. Our offers are always subject to change and non-binding. They do not represent any assurance or guarantee promise of any kind whatsoever.
4.2. By clicking the button “Order” in the last step of the ordering process, you place a binding order for the goods contained in the shopping cart. The purchase contract is concluded when we accept your order by sending an order confirmation by email afterwards.
4.3. In case of payment in advance or via Paypal, the contract is concluded with the payment of the order.
4.4. We reserve the right to refuse orders for security reasons. We reserve the right not to accept orders from customers who have returned their past orders several times.
4.5. Orders exceeding two items will not be accepted. If you want to compare several instruments, please make an appointment in our workshop in Aachen.
5. Contracting party
The contract of sale is concluded with Huppertz Verstraeten GbR, owners: Judith Marie Huppertz & Christoph Verstraeten, Schildstraße 12, 52062 Aachen, Germany.
6. Customer accounts
6.1. You can register in our online store and open a customer account. When registering a customer account, you choose a user name and password yourself and will be automatically approved by the system after completing the registration. The admission can be revoked by us at any time and without giving reasons.
6.2. More than one customer account per person under different names and addresses is not allowed. We will block or delete the respective accounts as soon as we become aware of this.
7. Information duties of the purchaser or the tenant
7.1. All information provided during the order and registration process must be truthful. Should your data change during the term of the contract, you are obliged to inform us of these changes immediately. If you fail to do so or if you provide us with incorrect data from the outset, we shall be entitled to withdraw from the contract concluded free of charge. All costs incurred by us due to misdirection of the goods due to incomplete or incorrect address information will be charged to you.
7.2. As our contractual partner, you must ensure that the e-mail account you have provided is valid and accessible and that the receipt of e-mails is not precluded due to forwarding, shutdown or overfilling of the account.
8. Cancellation policy
8.1. As a consumer:in have the right within 14 days without giving any reason to withdraw from the purchase contract. This must happen clearly and in text form or by returning the goods including a copy of the original invoice within this period.
The period begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to:
Huppertz Verstraeten GbR
This right does not apply to 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.
8.3. Consequences of the revocation
If you revoke this contract, we shall repay to you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
To prevent damage to the instrument or bow during return shipping, please use only the original packaging materials or follow our instructions for responsible shipping of string instruments and bows.
9. Place of performance/transfer of risk/transport damages
9.1. The place of performance for our delivery obligation is our company headquarters in 52062 Aachen, Germany. To ensure that the instruments and sheets shipped reach you safely, we take all necessary packaging precautions. We assume the shipping risk for all online orders and bear full responsibility for possible transport damage to your order. Unless otherwise agreed, the choice of shipping method and means is left to us. You are obliged to keep the packaging for a possible return shipment so that you can use it again.
9.2. In the case of legal transactions between us and companies/commercial customers, the shipment of the ordered product(s) shall be at your risk. Our obligation to perform is fulfilled with the timely delivery of the goods to the supplier/carrier. Delays in delivery are the sole responsibility of the supplier or you.
9.3. If you as a customer are a private person/end consumer, the performance risk during shipment shall not pass to you until the goods are handed over or if you are in default of acceptance. So make sure that you are able to accept the package.
10. Prices/payment conditions/shipping costs
The prices shown on our website include the statutory value added tax levied in Germany. Only the invoice prices at the time of the conclusion of the contract are decisive. The sales taxation of old instruments and bows (used items) is in many cases according to §25a UstG “Differenzbesteuerung”, the sales tax is not shown in this case.
10.2. Payment options:
The payment options available to you are payment in advance (advance payment by bank transfer) or PayPal. The delivery of the ordered goods will be made after the invoice amount has been credited to our PayPal or bank account. In the case of bank transfers from abroad, you are responsible for any transfer fees charged by the bank you have chosen.
In our workshop you can also pay cash or by EC card.
10.3. Shipping costs:
The shipping costs are to be borne by you, unless otherwise agreed. The shipping costs are shown in our online store under “Shipping” and during the ordering process.
10.4. Default of payment:
If prepayment has been agreed as the method of payment, we are entitled to cancel orders for which we have not received payment 14 days after the order.
11. Retention of title
11.1. The goods remain our property until full payment of the purchase price, regardless of the expiry of the return period.
11.2. You are obliged to treat the delivered goods with care and to inform us immediately of any damage, destruction or access to the goods by third parties (for example in the event of a foreclosure measure) as long as the goods are our property.
11.3. The customer is not entitled to sell the goods to third parties until the purchase price has been paid in full
12. Defect removal/liability
12.1. We grant a warranty of twenty-four months for new goods and twelve months for used goods for any defects that are present when the goods(s) are handed over. Liability for defects is excluded if you, as the customer, do not notify us of obvious defects within 30 days of receipt of the goods(s). If there is a defect, we will remedy it at your discretion by either removing the defect or delivering a defect-free item. If the rectification fails, if we are not able to do so or if we are entitled to refuse the rectification due to legal regulations or if the rectification is delayed beyond an unreasonable period of time for reasons for which we are responsible to you, you may withdraw from the contract or demand a reduction of the purchase price without prejudice to any claims for damages.
12.2. Unless otherwise stated below, any further claims on your part, irrespective of the legal grounds, shall be excluded. We shall not be liable for any damage that has not occurred to the delivery item itself; in particular, we shall not be liable for loss of profit or for any other financial loss on your part.
The- Geigenbaumeister Waranty:
- For all defects occurring during a period of three years from the transfer of risk, which are demonstrably due to a material or manufacturing defect, we give our customers – who are consumers – an extended warranty.
13. Trade-in guarantee
13.1. We will accept instruments and bows purchased from us (upon presentation of the original invoice) as a trade-in for an unlimited period of time if you wish to purchase a higher quality instrument or bow from us. The following applies: The new instrument or bow must be at least 500€ higher in price than the old one. In addition, the old instrument must be in a good and well-maintained condition. If the instrument has major damage – which was not present at the time of purchase – (e.g. cracks, major damage to the varnish, etc.) we reserve the right not to accept it in payment.
13.2. For reconditioning, minor repairs and new strings we charge a maintenance fee of 119€ for violins, 139€ for violas, 269€ for cellos, 369€ for basses and 85€ for bows.
13.3. Instruments sold on commission (with a K in front of the product number) are excluded from the trade-in guarantee.
13.4. The shipment of the old instrument to us is at your expense and risk. This also includes any subsequent costs for customs and clearance fees that may arise due to an incorrect customs declaration.
14. Copyrights and rights of use
All copyrights and rights of use for objects published and created by us remain with Huppertz Verstraeten GbR. Any reproduction or use of photographs, graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without our express consent.
15. Place of performance and jurisdiction
15.1 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15.2. The place of performance for all services arising from the business relationship with Huppertz Verstraeten GbR shall be Aachen, Germany, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
16. Severability clause
Should individual clauses or parts of clauses of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.