§ 1 General Information
The lessee accepts § 6 „General Obligations of the Insuree“ from the „General Conditions for the Insurance of Musical Instruments“.
SchlagZu entrusts the lessee with flawless instruments suitable for his purpose.
If the lessee places the instruments at the disposal of a third party, he bears liability.
Differing General Terms and Conditions of customers will be rejected.
§ 2 Offer and Placing of Order
With the confirmation of an offer from the firm SchlagZu (via telephone, fax or Email), a legally binding contract becomes effective on the basis of these General Terms and Conditions. SchlagZu is entitled
to deliver a substitute equivalent for a rental instrument which is not available. Compensation claims for this reason are excluded. An offer is valid 14 days. The client has no claim to the availability of the offered instruments at the time of the submission of an offer.
§ 3 Order Cancellation
In the event of an order being cancelled by the lessee, the following charges will apply:
More than one week prior to the beginning of the rental period: 30% of the rental fee (without discounts)
More than 48 hours prior to the beginning of the rental period: 50% of the rental fee (without discounts)
Less than 48 hours prior to the beginning of the rental period: 80% of the rental fee (without discounts)
Incurred cancellation fees or costs on the part of shipping companies or parcel services which have already been commissioned due to order confirmation by the lessee will be borne by the lessee.
§ 4 Rental Fee and Rental Duration
The rental fee conforms to the agreement in the quotation from SchlagZu. The rental duration is limited to the period of time defined in the quotation. The use of the instruments is allowed only within this time period. The lessee bears liability for damages outside of the agreed time period. An extension of the rental period is only possible upon consultation with SchlagZu and requires a written agreement. In the event of early return, no right to a reduction of the rental fee exists.
§ 5 Payment Obligation
The invoice amount is due following the return of the instruments and receipt of invoice. Invoices are to be paid immediately and without deduction. Any written modification in the rental contract must be followed. In the event of a default in payment, SchlagZu will be entitled to claim an interest margin of 5% in excess of the base rate of the German Central Bank (Deutsche Bundesbank).
§ 6 Authorized User and Restrictions of Use
The lessee must insure that only trained musicians play the instruments. The instruments may only be used for musical purposes. The lessee is forbidden to lend the instruments to third parties in exchange for a fee.
§ 7 Liability of the Lessee
The lessee must handle the instruments with care and return them in the same condition in which they have been received. Adhesive tape, stickers or similar markings which have been applied to the instruments as a label by the lessee, as well as smudges and stains, must be removed before their return. SchlagZu is entitled to separately charge for removal of the aforementioned markings or stains. Structural changes to the instruments are strictly prohibited. The lessee is liable for all damages he causes, whether culpable or negligent.
§ 8 Sale
§ 8.1. Warranty
Following warranty periods apply:
a.) For new instruments: 24 months
b.) For used instruments: 12 months
Normal wear, as well as defects and damage which can be attributed to improper use are excluded
from the warranty. In addition, the warranty claim expires when repairs or alterations have been
carried out by a third party without these having been commissioned by SchlagZu. In the case of used instruments, the customer accepts defects which have been indicated in advance.
Warranty claims in consequence of transport damages are only valid when the customer has fulfilled
his inspection obligation and duty of disclosure (according to §9.2).
§ 8.2. Soft Bags
Bags and covers made according to individual color selection or those with personal embroidery are custom- made and therefore excluded from revocation. (§ 312g Par.2 No.1 German Civil Code).
Bags and covers in black and without embroidery are excluded.
§ 8.3. Online Shop
The depiction of products in the online shop is not a legal offer, but only a nonbinding online merchandise presentation. By clicking on the “purchase” button, the customer submits a binding order of the selected goods. After sending the order, a confirmation by e-mail immediately follows its receipt. The order confirmation, by means of which the sales contract is concluded, is also sent separately by e-mail.
§ 8.4. Liability for Defects
The delivered goods must be checked immediately upon receipt. Damage which has obviously been incurred in transit must be documented on the shipping papers and reprimanded with the respective carrier. Complaints of obvious defects must be reported in writing immediately, no later than 14 days after receipt of the goods.
In the case of a necessary return of the defective goods to us, these are to be repacked with the same care as they were received and ready to be picked up or sent to us. In the case of unpackaged returned goods, the buyer forfeits the possibility of conversion or replacement, this also applies if the goods have already
been used by the buyer.
§ 8.5 Cancellation policy
§ 8.5.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken the goods in possession. To exercise your right of withdrawal, you must inform us, SchlagZu, Andreas Regler, Am Forstfeld 1, 86567 Hilgertshausen, Tel.: +49 8250 928459, Fax: +49 8250 928487. Email: firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, a fax or an e-mail). 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.
§ 8.5.2 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 the refund. We may withhold reimbursement until we have received the goods back from you or until you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. 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.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by us at the time you inform us of the exercise of the right of withdrawal and in respect to the total volume of services provided for you in the contract.
§ 9 Transport, Assembly and Dismantling, Stage Service
§ 9.1. Delivery, Assembly, Dismantling and Return Transport
take place at the instigation and expense of the lessee. Unless agreed otherwise, transport will be carried out by a forwarding agent or parcel service. The lessee himself is reponsible for the on site assembly and dismantling. If the transport and/or stage service (assembly and dismantling, supervision) takes place at the request of the lessee through the trained personnel of SchagZu, these services will be calculated separately. The agreed delivery times are considered to be binding. SchlagZu ist entitled to invoice any additional costs incurred through waiting time. The lessee is free to carry out the transport of the instruments himself. In doing so, he must ensure care and the observance of load safety. The installation sites, in particular those abroad, are to be indicated in advance to SchlagZu.
§ 9.2 Inspection Obligation and Duty of Disclosure
Shipment is carried out at the risk of the lessee / buyer. The lessee / buyer is obligated to inspect the instruments for damages immediately after delivery. The customer must have any identified transport or packaging damages confirmed immediately by the transport company or parcel service in writing. The damages are to be reported to SchlagZu without delay.
Any damage claims for deliveries which are late or cancelled due to force majeure or reasons for which SchlagZu is not responsible are excluded.
§ 10 Duty of Disclosure and Repair
Loss, theft or damage must be reported immediately by the lessee. Fraudulently concealed damages may lead to criminal charges being filed. If repairs are necessary during the rental time, SchlagZug must be notified immediately. Repairs may only be carried out by persons appointed by SchlagZu. A repair by the lessee is not allowed without the consent of SchlagZu.
§ 11 Return of Instruments
The lessee is obligated to return the instruments on the agreed date. There will be an extra charge for delay. The lessee is responsible for the complete and intact return of all instruments. Following their return, the instruments will be examined by an employee of the firm SchlagZu to assure their integrity and soundness. Damages and / or missing instruments must be reported within 48 hours after their return to the premises of the firm SchlagZu.
§ 12 Insurance
The firm SchlagZu offers the customer instruments which are fully insured throughout Europe. In the event of damage, a deductible in the amount of 1% of the total value of the borrowed instruments will be charged (minimum rate of € 25.- and maximum rate of € 300.-). In the case of loss, total damage or misappropriation, the lessee will pay full compensation. The regulations of the German Civil Code (BGB) remain unchanged.
§ 13 Privacy
Customer data will generally not be passed on to third parties; customer-related information is treated with confidentiality. If a third party should conduct workshops, training or coachings, etc. on behalf of SchlagZu, the corresponding obligation will be imposed.
Workshops, coachings, lectures, etc., which are held within the framework of musician's medicine will be carried out by trained and qualified personnel and must comply with medical confidentiality.
§ 14 Court of Jurisdiction and Place of Fulfilment
Munich will be the court of jurisdiction and place of fulfilment. Any contract will be governed solely by the law of the Federal Republic of Germany.
§ 15 Severability Clause
Should one of these provisions be wholly or partially ineffective, the effectiveness of the remaining provisions will not therefore be affected