Mark Knopfler Guitar Style Shop
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Conditions of Use & Return Policy
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Responsible for content:
Phone: +49 2304 940404
Fax +49 2304 940404
More legal stuff.....
All information on our website were thoroughly proved but we cannot guarantee for neither completion nor accuracy. We assume no liability for these webpages or their content. Our website can contain links to external websites. With following these you leave the MK-Guitar.com website. We are not responsible for the information on these websites. We do not automatically agree to opinions found on these websites.
Strat, Tele, Jazzmaster, Jazz-Bass, J-Bass and P-Bass are registered trademarks of Fender. Les Paul is a registered trademark of Gibson. We are not related to these companies. These terms are just used to describe certain construction styles or typical sounds.
Return policy for consumers
Returns are not possible with online purchases
a) of goods that were manufactured to the customer's specification, or cannot returned due to their character.
b) of audio or video content or software when the seal of their packaging is broken.
c) of electronic or other parts which have been connected with other components in such a way that they cannot be returned without residues (e.g. tin-lead solder)
d) of digital goods that were downloaded.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Ingo Raven, Heidekamp 17, 58239 Schwerte, Germany, Phone: +49 2304 - 940404, email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
To withdraw from the contracts, you can send the following form back by email or post to:
58239 Schwerte, Germany
(\*) Please cross out if not applicable
I/We (\*) hereby give notice that I/ We (*) withdraw from my/our (\*) contract of sale of the following goods (*)/for the provision of the following service (*):
Complete Order / Partial Order
Description of product Quantity
Description of product Quantity
Description of product Quantity
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Postal code City
Signature of the client (only if this form is submitted on paper)
Conditions of Use
Table of Contents
Scope of Application
Conclusion of the Contract
Right to Cancel
Price and Delivery Costs
Shipment and Delivery Conditions
Liability for Defects
Law and jurisdiction
Alternative Dispute Resolution
1) Scope of Application
1.1 These Terms and Conditions of our shop (hereinafter referred to as Seller) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as 'Client' and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also present the offer to the Seller by means of telephone, fax, e-mail or postal service.
2.3 The Seller may accept the Client's offer within five days
by transferring a written order confirmation or an order confirmation in written form (fax or e- mail); insofar as the receipt of order confirmation by the Client is decisive, or
by delivering the ordered goods to the Client; insofar as the receipt of goods by the Client is decisive, or
by requesting that the Client pay after he has placed his order.
The contract shall be concluded at the time when one of the aforementioned alternatives occurs. Should the seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the expiry of the fifth day following the sending of the offer.
2.5 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The contractual language is English.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered
3) Right to Cancel
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller's instructions on cancellation.
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller's control. They shall be borne by the Client. Such costs are,for example, money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
4.3 Payment can be made using one of the methods mentioned in the Seller's online shop.
4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable. By way of derogation, when choosing the payment method PayPal, the delivery address provided by the Client to PayPal at the time of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his right of cancellation, or if he has been temporarily prevented from receiving the offered service, unless the Seller has provided the Client with reasonable advance notice about the service.
5.3 The Seller reserves the right of partial delivery. In this case the Seller informs the Client at which point of time all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs.
5.4 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies, if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
5.6 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case shipment costs will not be charged. 6) Liability for Defects
Should the object of purchase be deficient, statutory provisions shall apply.
6.1 If the Client is a trader, all of the following will apply
a marginal defect shall generally not constitute claims for defects,
the Seller may choose the type of subsequent performance,
for new goods, the limitation period for defects shall be one year from transfer of risk,
for used goods, rights and claims for defects are generally excluded
the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
6.3 For traders, the aforementioned limitations of liability and the restrictions of limitation periods do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to the following Section .
6.4 Furthermore, for traders the statutory limitation periods for recourse claims remain unaffected. The same shall apply for traders and consumers in the event of willful intent or gross negligence and fraudulent concealment of a defect.
6.5 If the Client is a businessperson, he has the commercial duty to examine and notify defects. Should the Client neglect those duties, the goods shall be deemed approved. 6.6 The forwarding agent has to be immediately notified by the Client of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
7.1 The Seller shall face unlimited liability
in case of intent or gross negligence,
in case of injuries of life, body or health resulting from intent or negligence,
in case of a promise of guarantee, unless otherwise provided,
in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
7.2 Should the Seller negligently infringe upon an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
7.3 For the rest the Seller's liability is excluded.
7.4 The aforementioned provisions on liability apply also for the Seller's liability regarding his legal representatives and vicarious agents.
8) Law and jurisdiction 8.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Courts is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships
8.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
9) Alternative Dispute Resolution
9.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
9.2 The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
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