Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Patrick Walerczak, trading as “Pat’s Guitars – Patrick Walerczak” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email or by telephone.

2.3 The Seller may accept the Customer’s offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or

  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or

  • by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that concludes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or customs duties or taxes under import law (e.g. customs duties). Such costs may also be incurred with regard to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the “PayPal” payment service is selected, payment processing takes place via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller provides advance performance to the Customer (e.g. purchase on account or installment payment), the Seller assigns their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the payment method selected by the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general Customer inquiries, e.g. about the goods, delivery time, shipment, returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.6 If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use further payment services for which special payment conditions may apply, to which the Customer may be referred separately. Further information on “Shopify Payments” can be found online at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the “Klarna” payment service is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be viewed here:

https://www.patsguitars.de/pages/zahlungs-und-versandinformationen

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. With regard to the return shipping costs, the regulation set out in the Seller’s cancellation policy applies if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to consumers as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the Seller offers collection of the goods, the Customer can collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller provides advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating therefrom, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;

  • the limitation period for defects in new goods is one year from delivery of the goods;

  • rights and claims for defects in used goods are excluded;

  • the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following limitation applies to contracts for the delivery of used goods: The limitation period for defect claims is one year from delivery of the goods, provided that this has been expressly and separately agreed between the parties and the Customer was expressly informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The liability limitations and shortening of periods regulated above do not apply

  • to claims for damages and reimbursement of expenses by the Customer,

  • in the event that the Seller has fraudulently concealed the defect,

  • to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,

  • to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial inspection and notification obligations pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory, including tortious, claims as follows:

8.1 The Seller is liable without limitation on any legal grounds

  • in the event of intent or gross negligence,

  • in the event of intentional or negligent injury to life, body or health,

  • on the basis of a guarantee promise, provided nothing else is regulated in this respect,

  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typically occurring damage, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for their vicarious agents and legal representatives.

9) Applicable Law

9.1 The law of the Federal Republic of Germany shall apply to all legal relationships of the parties to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://www.ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.