Terms and Conditions
We sell used musical instruments, accessories, and B-stock. To ensure everything is clear, here are our most important rules for ordering:
§1 Scope and Definitions
(1) These Terms and Conditions (hereinafter “T&Cs”) apply to all contracts concluded through our online shop between us and our customers.
(2) Our offer is directed to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
An entrepreneur is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when entering into a legal transaction.
(3) Deviating, conflicting, or supplementary general terms and conditions of the customer shall not become part of the contract unless we have explicitly agreed to their validity in writing.
§2 Subject Matter of the Contract
(1) The subject matter of the contracts is the sale of used musical instruments, accessories, and goods marked as B-stock.
(2) Used and B-stock items may show signs of use or minor deviations in appearance or function. These are described in the respective product listing and do not constitute a defect if properly disclosed.
§3 Conclusion of Contract
(1) The presentation of products in our online shop does not constitute a legally binding offer but an invitation to submit an order.
(2) By clicking the order button at the final step of the checkout process, the customer makes a binding offer to purchase the items in the shopping cart.
(3) Immediately after placing the order, the customer receives an automated confirmation email. This does not yet constitute acceptance of the offer.
(4) The contract is concluded only when we explicitly confirm the order by email or dispatch the goods to the customer.
§4 Prices and Payment
(1) All prices are final prices including statutory VAT. Additional shipping costs will be displayed separately during checkout.
(2) The customer may choose from the payment methods offered in the online shop, in particular PayPal, credit card, and prepayment (bank transfer).
(3) Unless otherwise agreed, the purchase price is due immediately upon conclusion of the contract.
(4) For prepayment, the goods will be dispatched only after receipt of the full payment.
§5 Delivery, Shipping, and Transfer of Risk
(1) Delivery will be made to the address provided by the customer during checkout.
(2) The delivery times specified are non-binding estimates unless a binding delivery date has been explicitly confirmed.
(3) If a product is unavailable or delayed, we will inform the customer immediately. Any payments already made will be refunded without delay.
(4) For consumers, the risk of accidental loss or deterioration of the goods passes to the customer upon delivery.
For entrepreneurs, the risk passes upon handover to the shipping company.
§6 Voluntary Return Policy
(1) Used goods are generally not subject to statutory withdrawal rights. Regardless, we grant the customer a voluntary 14-day return period.
(2) The return period begins on the day the customer or a third party designated by the customer receives the goods.
(3) To exercise the return right, it is sufficient to notify us by email within the return period.
(4) The goods must be returned complete, undamaged, cleaned, and properly packaged for transport.
(5) The customer bears the cost of return shipping.
(6) Upon receipt and inspection of the returned goods, we will refund the purchase price within 14 days to the original payment method.
(7) Excluded from the return policy are:
- Individually customized or modified instruments
- Hygienically sensitive products (e.g., mouthpieces, in-ear accessories) if the seal has been removed or the product used
§7 Warranty and Defects
(1) For used goods, the warranty period is 12 months from delivery.
(2) Warranty does not cover damage resulting from improper use, natural wear and tear, or external influences.
(3) Obvious defects must be reported by the customer in writing or by email within 7 days of receiving the goods.
(4) In case of justified defects, we will provide subsequent performance at our discretion through repair or replacement.
§8 Retention of Title
(1) The delivered goods remain our property until full payment of all claims arising from the purchase contract.
(2) The customer is not entitled to pledge the goods or transfer them as security before ownership passes.
§9 Liability
(1) We are fully liable for damages caused by intentional or grossly negligent conduct.
(2) We are also fully liable for damages resulting from injury to life, body, or health.
(3) For slightly negligent breaches of essential contractual obligations, liability is limited to foreseeable, typical contract-related damages.
(4) In all other cases, liability is excluded to the extent permitted by law.
§10 Data Protection
(1) The collection, processing, and use of personal data is carried out exclusively in accordance with statutory data protection regulations.
(2) Further information on data protection can be found in our Privacy Policy.
§11 Applicable Law and Jurisdiction
(1) German law applies to these T&Cs and the contracts concluded under them, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For consumers, the place of jurisdiction is the consumer’s place of residence.
(3) For entrepreneurs, the place of jurisdiction is our company’s registered office.
§12 Severability Clause
If any provision of these T&Cs is or becomes invalid, this shall not affect the validity of the remaining provisions.