T&Cs of Zoundhouse Dresden
General Terms and ConditionsInformation for consumers for distance contracts as well as customer information for contracts in electronic commerce
§ 1 Scope of Application
For business relationships with the purchaser, the following General Terms and Conditions in their version valid at the time of the order shall apply to orders via the internet shop.
For business relationships with the purchaser, the following General Terms and Conditions in their version valid at the time of the order shall apply to orders via the internet shop.
§ 2 Conclusion of Contract
a) The presentation of our products on our website merely contains an invitation to the customer to submit a contractual offer. Indem der Kunde eine Bestellung absendet, gibt er ein Angebot im Sinne des § 145 BGB ab. Der Kunde erhält eine Bestätigung des Empfangs der Bestellung per E-Mail.
b) The contract with us is concluded if we accept the customer's offer in writing or in text form within 2 working days after the order has been sent. In this respect, the time of receipt of the declaration of acceptance by the customer is decisive.
c) A working day is any calendar day that is not a Sunday or a nationwide statutory holiday.
d) Zoundhouse Dresden reserves the right not to provide the promised service if, after conclusion of the contract, it turns out that the goods are not available, even though a corresponding obligatory transaction has been concluded. The offer price refers to the immediately available quantity. In the event of over-ordering, the offer price may not be maintained under certain circumstances.
In such a case, the customer will be notified immediately. Any consideration already provided will be reimbursed immediately. Further claims against Zoundhouse Dresden are excluded.
§ 3 Statutory Right of Withdrawal
Right of Withdrawal
Insofar as the customer is a consumer within the meaning of § 13 BGB and has purchased the goods for private purposes, they have the right to withdraw from this contract within fourteen days without giving any reason.
a) The presentation of our products on our website merely contains an invitation to the customer to submit a contractual offer. Indem der Kunde eine Bestellung absendet, gibt er ein Angebot im Sinne des § 145 BGB ab. Der Kunde erhält eine Bestätigung des Empfangs der Bestellung per E-Mail.
b) The contract with us is concluded if we accept the customer's offer in writing or in text form within 2 working days after the order has been sent. In this respect, the time of receipt of the declaration of acceptance by the customer is decisive.
c) A working day is any calendar day that is not a Sunday or a nationwide statutory holiday.
d) Zoundhouse Dresden reserves the right not to provide the promised service if, after conclusion of the contract, it turns out that the goods are not available, even though a corresponding obligatory transaction has been concluded. The offer price refers to the immediately available quantity. In the event of over-ordering, the offer price may not be maintained under certain circumstances.
In such a case, the customer will be notified immediately. Any consideration already provided will be reimbursed immediately. Further claims against Zoundhouse Dresden are excluded.
§ 3 Statutory Right of Withdrawal
Right of Withdrawal
Insofar as the customer is a consumer within the meaning of § 13 BGB and has purchased the goods for private purposes, they have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which the customer or a third party named by them, who is not the carrier, took possession of the goods or – in the case of a partial delivery – the last goods.
To exercise the right of withdrawal, the customer must inform us (Zoundhouse Dresden GmbH & Co.KG, Phone: 035140768110, E-Mail: info@zoundhouse.de or via www.zoundhouse.de/reklamation) of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). They may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the customer to send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
a) Consequences of Withdrawal
If the customer withdraws from this contract, we shall reimburse all payments received from them, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of withdrawal from this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless otherwise expressly agreed; in no case will the customer be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until the customer has provided proof that the goods have been sent back, whichever is the earlier.
The customer must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which they inform us of the withdrawal from this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of them that is not necessary for checking the nature, characteristics and functioning of the goods.
b) Exclusion of the Right of Withdrawal
The right of withdrawal does not exist for:
§ 4 Zoundhouse Dresden 30-Day Extended Return Right
a) In addition to the statutory 14-day right of withdrawal, Zoundhouse Dresden offers consumers an extended return right for the following 16 days. The customer can return goods received from us within 30 days by returning the goods without giving reasons. The period begins after complete receipt of the goods. To meet the deadline, it is sufficient to send the goods or the return request in good time. The return right can only be exercised by returning the goods exclusively in the original packaging.
b) The 30-day extended return right applies to both distance contracts according to § 312c BGB and to items purchased on-site at Zoundhouse in Dresden.
c) The return right for the order of shrink-wrapped or sealed data carriers such as CDs, audio cassettes, videos, DVDs, but also newspapers and magazines as well as software only exists if the corresponding goods are returned to us in the shrink-wrap foil or with an undamaged seal.
d) The return right is completely excluded insofar as goods are manufactured according to customer specifications, are goods sold by the meter, wear items (e.g. strings, sticks, drum heads, cables, plectrums, reeds) or items that cannot be taken back for hygienic reasons (e.g. harmonicas). The same applies to items that have special safety features and where the continued existence of these safety features can no longer be guaranteed as a result of use (e.g. stage molton due to flame retardancy).
e) If the customer makes use of their possibility of return, Zoundhouse Dresden is entitled to demand an appropriate usage fee for the time the goods remain with the customer.
f) Furthermore, the customer who makes use of their right of return must compensate Zoundhouse Dresden for the reduction in value or the value of the goods insofar as the customer cannot return the goods properly because they are responsible for the deterioration, destruction or other impossibility. This does not apply if the deterioration of the goods is exclusively due to their inspection – as would have been possible for the customer in a retail shop. Otherwise, the customer can avoid the obligation to pay compensation for value by not using the goods like their own property and refraining from anything that impairs their value.
g) Please note that the conditions mentioned in § 4 do not apply in the first 14 days (statutory right of withdrawal according to § 3 of the T&Cs) of the 30-day extended return right, but only in the subsequent 16 days.
h) In the event of a withdrawal within the statutory withdrawal period of 14 days, we will bear the direct costs of returning the goods. If you make use of your right of withdrawal after the 14-day period has expired within the framework of an extended return period voluntarily granted by us, we reserve the right to withhold the costs of the return as well as any originally incurred shipping costs from the refund.
To meet the withdrawal deadline, it is sufficient for the customer to send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
a) Consequences of Withdrawal
If the customer withdraws from this contract, we shall reimburse all payments received from them, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of withdrawal from this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless otherwise expressly agreed; in no case will the customer be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until the customer has provided proof that the goods have been sent back, whichever is the earlier.
The customer must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which they inform us of the withdrawal from this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of them that is not necessary for checking the nature, characteristics and functioning of the goods.
b) Exclusion of the Right of Withdrawal
The right of withdrawal does not exist for:
- Delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
- Delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
- Delivery of newspapers, periodicals or magazines with the exception of subscription contracts. (*)
§ 4 Zoundhouse Dresden 30-Day Extended Return Right
a) In addition to the statutory 14-day right of withdrawal, Zoundhouse Dresden offers consumers an extended return right for the following 16 days. The customer can return goods received from us within 30 days by returning the goods without giving reasons. The period begins after complete receipt of the goods. To meet the deadline, it is sufficient to send the goods or the return request in good time. The return right can only be exercised by returning the goods exclusively in the original packaging.
b) The 30-day extended return right applies to both distance contracts according to § 312c BGB and to items purchased on-site at Zoundhouse in Dresden.
c) The return right for the order of shrink-wrapped or sealed data carriers such as CDs, audio cassettes, videos, DVDs, but also newspapers and magazines as well as software only exists if the corresponding goods are returned to us in the shrink-wrap foil or with an undamaged seal.
d) The return right is completely excluded insofar as goods are manufactured according to customer specifications, are goods sold by the meter, wear items (e.g. strings, sticks, drum heads, cables, plectrums, reeds) or items that cannot be taken back for hygienic reasons (e.g. harmonicas). The same applies to items that have special safety features and where the continued existence of these safety features can no longer be guaranteed as a result of use (e.g. stage molton due to flame retardancy).
e) If the customer makes use of their possibility of return, Zoundhouse Dresden is entitled to demand an appropriate usage fee for the time the goods remain with the customer.
f) Furthermore, the customer who makes use of their right of return must compensate Zoundhouse Dresden for the reduction in value or the value of the goods insofar as the customer cannot return the goods properly because they are responsible for the deterioration, destruction or other impossibility. This does not apply if the deterioration of the goods is exclusively due to their inspection – as would have been possible for the customer in a retail shop. Otherwise, the customer can avoid the obligation to pay compensation for value by not using the goods like their own property and refraining from anything that impairs their value.
g) Please note that the conditions mentioned in § 4 do not apply in the first 14 days (statutory right of withdrawal according to § 3 of the T&Cs) of the 30-day extended return right, but only in the subsequent 16 days.
h) In the event of a withdrawal within the statutory withdrawal period of 14 days, we will bear the direct costs of returning the goods. If you make use of your right of withdrawal after the 14-day period has expired within the framework of an extended return period voluntarily granted by us, we reserve the right to withhold the costs of the return as well as any originally incurred shipping costs from the refund.
In the event of abuse of the right of withdrawal, e.g. by refusal of acceptance, we reserve the right to withhold the costs of the return as well as any originally incurred shipping costs from the refund.
Please note that in the case of returns due to defects or incorrect deliveries, the return costs will of course also be borne by us.
§ 5 Delivery, Shipping Costs, Transfer of Risk
Delivery takes place at the shipping costs shown in each individual case. For goods that must be sent by a forwarding agent, additional costs of 80€ will be incurred, about which we will inform the customer separately. Insofar as the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
§ 6 Retention of Title
The delivered goods remains our property until the purchase price has been paid in full.
§ 7 Payments
Only the payment methods displayed to the customer during the ordering process are accepted.
§ 8 Liability for Defects
a) Regulations for the sale of new goods The statutory rights of liability for defects apply to the sale of new goods.
b) Regulations for the sale of used goods
Regardless of the following regulations on shortening the limitation period for liability for defects in used goods, the limitation of claims for damages in the event of injury to life, body, or health based on an intentional or negligent breach of duty on our part or an intentional or negligent breach of duty by our legal representative or vicarious agent remains unaffected. Furthermore, regardless of the following regulations on shortening the limitation period for liability for defects in used goods, the limitation of claims for damages for other damages based on an intentional or grossly negligent breach of duty on our part or an intentional or grossly negligent breach of duty by our legal representative or vicarious agent remains unaffected. Any liability under the Product Liability Act also remains unaffected.
Otherwise, a liability for defects of one year applies to used goods if the customer is a consumer. The liability for defects for used goods is otherwise excluded if the customer is an entrepreneur.
Otherwise, the statutory rights of liability for defects exist.
§ 9 Information for consumers for distance contracts as well as customer information for contracts in electronic commerce
a) We are not subject to special codes of conduct not mentioned above.
b) You can identify any input errors when submitting your order during the final confirmation before sending your contractual declaration and correct them at any time using the delete and change function before sending the order.
c) The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within our internet offer.
d) The language available for the conclusion of the contract is German. e) You can submit complaints and claims for liability for defects at the address given in the provider identification.
f) The text of the contract is not stored by us and is therefore not accessible to you as a customer via us after the conclusion of the contract.
g) Information on payment, delivery or fulfillment can be found in the offer.
§ 10 Information on dispute resolution proceedings before a consumer arbitration board
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 Miscellaneous
The law of the Federal Republic of Germany shall apply to the contractual relationship between us and the customer as well as to the respective terms and conditions. Insofar as the customer is a consumer, the statutory regulations and rights to be applied for the protection of the consumer under the law of the state in which the consumer has their habitual residence, from which no deviation by agreement may be made, shall remain unaffected by this agreement. The application of UN sales law is excluded.
Supplementary General Terms and Conditions for installment purchase by easyCredit
By granting the SEPA direct debit mandate with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the ordering process at the credit institution specified there by means of a SEPA direct debit. The collection takes place at the earliest on the specified date of the pre-notification. A later, timely collection may occur. If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. through credits), the debited amount may differ from the amount stated in the pre-notification. installment purchase by easyCredit as of February 2022 Page 2 of 2 You must ensure that your current account has sufficient funds at the time of the due date. Your credit institution is not obliged to honor the direct debit if there are insufficient funds in the current account. Should a return debit occur due to a lack of required coverage of the current account, due to an unjustified objection by the account holder or due to the closure of the current account, you will be in default even without a separate reminder, unless the return debit results from a circumstance for which you are not responsible. Costs charged by your credit institution to TeamBank AG for a return debit caused by you can be claimed by TeamBank AG from you as damages and must be reimbursed by you. You reserve the right to prove lower or no damage to TeamBank AG. If you are in default, TeamBank AG is entitled to charge an appropriate reminder fee for each reminder or default interest at a rate of five percentage points above the respective base interest rate of the European Central Bank. Due to the high costs associated with a return debit, we ask you not to object to the SEPA direct debit in the event of withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with the dealer by transferring back the corresponding amount or by a credit.
§ 12 Storage fees and disposal of uncollected devices
§ 5 Delivery, Shipping Costs, Transfer of Risk
Delivery takes place at the shipping costs shown in each individual case. For goods that must be sent by a forwarding agent, additional costs of 80€ will be incurred, about which we will inform the customer separately. Insofar as the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment pass to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.
§ 6 Retention of Title
The delivered goods remains our property until the purchase price has been paid in full.
§ 7 Payments
Only the payment methods displayed to the customer during the ordering process are accepted.
§ 8 Liability for Defects
a) Regulations for the sale of new goods The statutory rights of liability for defects apply to the sale of new goods.
b) Regulations for the sale of used goods
Regardless of the following regulations on shortening the limitation period for liability for defects in used goods, the limitation of claims for damages in the event of injury to life, body, or health based on an intentional or negligent breach of duty on our part or an intentional or negligent breach of duty by our legal representative or vicarious agent remains unaffected. Furthermore, regardless of the following regulations on shortening the limitation period for liability for defects in used goods, the limitation of claims for damages for other damages based on an intentional or grossly negligent breach of duty on our part or an intentional or grossly negligent breach of duty by our legal representative or vicarious agent remains unaffected. Any liability under the Product Liability Act also remains unaffected.
Otherwise, a liability for defects of one year applies to used goods if the customer is a consumer. The liability for defects for used goods is otherwise excluded if the customer is an entrepreneur.
Otherwise, the statutory rights of liability for defects exist.
§ 9 Information for consumers for distance contracts as well as customer information for contracts in electronic commerce
a) We are not subject to special codes of conduct not mentioned above.
b) You can identify any input errors when submitting your order during the final confirmation before sending your contractual declaration and correct them at any time using the delete and change function before sending the order.
c) The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within our internet offer.
d) The language available for the conclusion of the contract is German. e) You can submit complaints and claims for liability for defects at the address given in the provider identification.
f) The text of the contract is not stored by us and is therefore not accessible to you as a customer via us after the conclusion of the contract.
g) Information on payment, delivery or fulfillment can be found in the offer.
§ 10 Information on dispute resolution proceedings before a consumer arbitration board
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 Miscellaneous
The law of the Federal Republic of Germany shall apply to the contractual relationship between us and the customer as well as to the respective terms and conditions. Insofar as the customer is a consumer, the statutory regulations and rights to be applied for the protection of the consumer under the law of the state in which the consumer has their habitual residence, from which no deviation by agreement may be made, shall remain unaffected by this agreement. The application of UN sales law is excluded.
Supplementary General Terms and Conditions for installment purchase by easyCredit
- Scope of application and general terms of use
The following supplementary General Terms and Conditions (hereinafter T&Cs) apply between you and the dealer for all contracts concluded with the dealer in which the installment purchase by easyCredit (hereinafter installment purchase) is used. In the event of a conflict, the supplementary T&Cs shall take precedence over any other General Terms and Conditions of the dealer. An installment purchase is only possible for customers who are consumers according to § 13 BGB and have reached the age of 18. - Installment purchase
For your purchase, the dealer provides you with the installment purchase as a further payment option with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter TeamBank AG). The dealer reserves the right to check your creditworthiness. For further details, please refer to the installment purchase data protection notice in the ordering process. Should the use of installment purchase not be possible due to insufficient creditworthiness or the dealer's sales limit being reached, the dealer reserves the right to offer you an alternative payment option. The contract for an installment purchase is concluded between you and the dealer. No payout takes place; instead, with the installment purchase, you decide to pay off the purchase price in monthly installments. Monthly installments are to be paid over a fixed agreed term, whereby the final installment may differ from the previous installment amounts. Title to the goods remains reserved until full payment has been made. The claims arising from the use of the installment purchase are assigned by the dealer to TeamBank AG within the framework of an ongoing factoring contract. Payments can only be made to TeamBank AG with debt-discharging effect. Apart from general trade supervision, the dealer is not subject to supervision by any supervisory authority. Complaints can be sent to the dealer by letter or email.
By granting the SEPA direct debit mandate with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your current account specified in the ordering process at the credit institution specified there by means of a SEPA direct debit. The collection takes place at the earliest on the specified date of the pre-notification. A later, timely collection may occur. If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. through credits), the debited amount may differ from the amount stated in the pre-notification. installment purchase by easyCredit as of February 2022 Page 2 of 2 You must ensure that your current account has sufficient funds at the time of the due date. Your credit institution is not obliged to honor the direct debit if there are insufficient funds in the current account. Should a return debit occur due to a lack of required coverage of the current account, due to an unjustified objection by the account holder or due to the closure of the current account, you will be in default even without a separate reminder, unless the return debit results from a circumstance for which you are not responsible. Costs charged by your credit institution to TeamBank AG for a return debit caused by you can be claimed by TeamBank AG from you as damages and must be reimbursed by you. You reserve the right to prove lower or no damage to TeamBank AG. If you are in default, TeamBank AG is entitled to charge an appropriate reminder fee for each reminder or default interest at a rate of five percentage points above the respective base interest rate of the European Central Bank. Due to the high costs associated with a return debit, we ask you not to object to the SEPA direct debit in the event of withdrawal from the purchase contract, a return or a complaint. In these cases, the payment will be reversed in coordination with the dealer by transferring back the corresponding amount or by a credit.
§ 12 Storage fees and disposal of uncollected devices
- Collection of repaired devices
After completion of the repair, we notify the customer in writing or by e-mail that their device is ready for collection. The customer undertakes to collect the repaired device within 14 days of receiving this notification. - Storage fees
If the device is not collected within the period specified in § 12, we charge a storage fee of 2 euros per day from the 15th day. The storage fees must be paid at the latest when the device is collected. - Re-notification
If the device is not collected within the first 14 days after the first notification, we will remind the customer again in writing or by e-mail and point out the storage fees incurred. - Disposal of uncollected devices
If the device is not collected even after 30 days from the first notification and we have reminded the customer several times in vain to collect it, we reserve the right to dispose of or scrap the device. The customer will be informed for the last time that the device will be scrapped if it is not collected within the last deadline set. Any claims of the customer to the device expire with the disposal. - Notification and documentation
All notifications are made in writing or by e-mail to the address last specified by the customer. The customer is responsible for informing us of any changes to their contact information. We reserve the right to document all steps and notifications in order to prove compliance with these provisions. - Exploitation possibility
Before final disposal, we check whether the device can be exploited economically. Proceeds from a possible exploitation will be offset against outstanding claims, including storage fees. Any surplus will be credited to the customer.
T&Cs status as of 15.07.2024
(*) For hygienic or safety reasons, certain products – e.g. opened cleaning or care products, strings not in their original packaging, processed cables, pickups or hardware components – cannot be taken back, as they fall under the statutory exceptions mentioned above.