Terms and Conditions

1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and delivery charges
5. Delivery, availability of goods
6. Payment terms
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text, Right of withdrawal
11. Data protection
12. Jurisdiction, applicable law, contract language

1. Scope of application
1.1. The business relationship between RPWL Lang & Wallner GbR,
Dorfstraße 9, 85356 Freising, Managing Directors: Karlheinz Wallner & Yogi Lang (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can contact our customer service team with any queries, complaints or claims on working days from [9.00 am] to [6.00 pm] on 0 8161 88 49 304 or by email at info@gentleartofmusic.com.
1.3. For the purposes of these General Terms and Conditions, a ‘consumer’ is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (BGB)).
1.4. Any deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their validity.

2. Offers and Product Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Product descriptions in catalogues and on the Seller’s websites do not constitute a representation or guarantee.
2.2. All offers are valid ‘whilst stocks last’, unless otherwise stated for specific products. Furthermore, errors excepted.

3. Order Process and Conclusion of Contract
3.1. The customer may select products from the seller’s range without obligation and add them to a ‘shopping basket’ by clicking the [Add to basket] button. The customer can then proceed to complete the ordering process within the shopping basket by clicking the [Proceed to Checkout] button.
3.2. By clicking the [Buy] button, the customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer may view and amend the details at any time. Required fields are marked with an asterisk (*).

3.3. The Seller will then send the Customer an automatic confirmation of receipt by email, which sets out the Customer’s order once again and which the Customer can print out using the ‘Print’ function (order confirmation). The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The contract of sale is only concluded once the Seller has dispatched or handed over the ordered product to the customer within 2 days, or has confirmed dispatch to the customer within 2 days by means of a second email, an explicit order confirmation or by sending the invoice.
3.4. Should the seller offer the option of payment in advance, the contract shall come into effect upon provision of the bank details and the payment request. If, despite being due and following a further reminder, payment has not been received by the seller within 10 calendar days of the order confirmation being sent, the seller shall withdraw from the contract, with the result that the order is cancelled and the seller is under no obligation to deliver. The order is then settled between the buyer and the seller without further consequences. Items paid for in advance are therefore reserved for a maximum of 10 calendar days.
4. Prices and delivery charges
4.1. All prices stated on the Seller’s website include the applicable statutory value added tax.
4.2. In addition to the prices stated, the Seller charges delivery charges. The delivery charges are clearly communicated to the Buyer on a separate information page and during the ordering process.
5. Delivery, Availability of Goods
5.1. Where payment in advance has been agreed, delivery shall take place upon receipt of the invoice amount.
5.2. If not all products ordered are in stock, the seller is entitled to make partial deliveries at their own expense, provided this is reasonable for the customer. If an order includes products which are not yet released (pre-order), the order will be dispatched when all desired items are available.

5.3. Should delivery of the goods fail due to the buyer’s fault, despite three attempts to deliver, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.4. If the ordered product is unavailable because the seller has not been supplied with it by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the seller will inform the customer without delay and, where appropriate, offer to supply a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller shall immediately refund any payments already made by the customer.

5.5. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the relevant product description.

6. Payment methods
6.1. During the ordering process and before it is completed, the customer may choose from the available payment methods. Customers are informed about the available payment methods on a separate information page.

6.2. Where payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. Where third-party providers, such as PayPal, are commissioned to process payments, their general terms and conditions shall apply.
6.4. Where the due date for payment is determined by the calendar, the customer shall be in default simply by failing to meet the deadline. In this case, the customer shall pay statutory interest on arrears.
6.5. The customer’s obligation to pay interest on arrears does not preclude the seller from claiming further damages arising from the delay.
6.6. The customer shall only be entitled to set-off if their counter-claims have been legally established or recognised by the seller. The customer may only exercise a right of retention in so far as the claims arise from the same contractual relationship.
7. Retention of title
The goods delivered remain the property of the seller until full payment has been made.

8. Warranty for material defects and guarantee
8.1. The warranty is governed by statutory provisions.
8.2. A guarantee applies to the goods delivered by the seller only if it has been expressly provided. Customers are informed of the guarantee terms before the ordering process begins.

9. Liability
9.1. Notwithstanding any other statutory conditions for claims, the following exclusions and limitations of liability shall apply to the Seller’s liability for damages.
9.2. The Seller shall be liable without limitation where the cause of the damage is attributable to wilful misconduct or gross negligence.
9.3. Furthermore, the Seller shall be liable for the breach of essential obligations due to slight negligence, where such a breach jeopardises the fulfilment of the purpose of the contract, or for the breach of obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer regularly relies. In such cases, however, the Seller shall only be liable for foreseeable damage typical of this type of contract. The Seller shall not be liable for the breach, through slight negligence, of any obligations other than those referred to in the preceding sentences.

9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health; in the case of a defect where a guarantee has been given as to the quality of the product; or in the case of defects fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text
10.1. The customer may print out the contract text before submitting the order to the seller by using their browser’s print function in the final step of the ordering process.

10.2. The seller shall also send the customer an order confirmation containing all the order details to the email address provided by the customer. Along with the order confirmation, the customer will also receive a copy of the Terms and Conditions, together with the cancellation policy and information on delivery charges as well as delivery and payment terms. If you have registered with our shop, you can view your placed orders in your profile area. Furthermore, we store the text of the contract, but do not make it accessible on the internet.

11. Data Protection
11.1. The Seller processes the Customer’s personal data for specific purposes and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, email address, postal address and payment details) is used by the Seller to fulfil and process the contract. This data is treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, upon request and free of charge, to obtain information about the personal data stored about them by the seller. In addition, they have the right to have incorrect data rectified, and to have their personal data restricted or erased, provided that no statutory retention obligation prevents this.
11.4. Further information on the nature, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the privacy policy.

12. Jurisdiction, Applicable Law, Language of the Contract
12.1. The place of jurisdiction and performance shall be the Seller’s registered office if the Customer is a trader, a legal person under public law or a special fund under public law.
12.2. The language of the contract is German.