General Terms and Conditions
Effective Date: 01/01/2018 - all old versions will lose their validity with this version.

GTC download

AGB / GTC

§1 General

For the business relations of any kind between the company WBS STEELGUITARS, represented by Wolfgang Bednarz and the customer, the following terms and conditions apply. Deviating conditions or general terms and conditions of the customer are not valid, unless otherwise agreed in writing. Our terms and conditions apply by placing an order or accepting a delivery as acknowledged.

Offers contained in brochures, advertisements, internet, e-mails, etc. are subject to change without notice, in particular with regard to prices, technical information and product changes.

All offers, regardless of whether they are made by telephone, fax, Internet, e-mail or in any other way, are only binding for WBS STEELGUITARS if they have been confirmed by e-mail or in writing or the goods have been delivered and / or an invoice has been issued.

WBS STEELGUITARS reserves the right not to provide the promised service if it turns out after conclusion of the contract that the goods are not available although a corresponding cover transaction has been concluded. In such a case the customer will be notified immediately. Any consideration already provided by the customer will be reimbursed immediately. Further claims of the customer against WBS STEELGUITARS are excluded.

§2 Delivery

Delivery is at the risk of the customer. Once the goods have been handed over to a transport company by WBS STEELGUITARS, the risk passes to the customer. This also applies to partial deliveries. The delivery will be made to the delivery address specified by the customer. If the buyer is a consumer within the meaning of § 13 BGB 1, then the risk of accidental loss and accidental deterioration of the sold item also passes on the sale of the consignment only with the transfer of the goods to the buyer. All prices are cash prices including VAT plus any packaging and transport costs.

The goods are to be inspected immediately after receipt by the customer or his agent for transport damage. Arrestable damage in transit must be reported immediately in writing. Damage caused by packaging must be confirmed in writing by the customer upon acceptance of the goods. This does not apply if the customer is a consumer within the meaning of § 13 BGB 1.

Information about delivery times is not binding, unless a specific delivery time has been expressly agreed in writing. Claims for damages against WBS STEELGUITARS for non-performance or default are excluded, unless there is intent or gross negligence. The same applies to the liability of the vicarious agents of WBS STEELGUITARS or its legal representatives.

§3 Right of withdrawal for consumers within the meaning of § 13 BGB 1

You can cancel your contract within 4 weeks without giving reasons in writing (for example letter, e-mail, fax, telephone) or by returning the article. The period begins at the earliest on receipt of this instruction and not before receipt of the article. In order to maintain the cancellation period, the timely dispatch of the revocation or the article is sufficient. WBS STEELGUITARS – Wolfgang Bednarz, Bürgermeister Straße 4, D-97848 Rechtenbach as letter or E-Mail at wbsteel@t-online.de, Tel./Fax: +49 (0) 93 52/50 88 97.

In the case of an effective cancellation, the mutually received benefits are to be returned and, where appropriate, taken to use them (eg interest). If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation. Please note this in particular when returning or exchanging pickups with shortened and / or soldered connecting cables and / or mounting tracks. This does not apply to the surrender of goods if the deterioration of the item is solely attributable to its examination - as it would have been possible for you in a shop, for example. Incidentally, you can avoid the obligation to pay compensation by not using the item as an owner and refraining from anything that affects its value. Transportable items are to be sent back. In the case of a return from a delivery of goods, you have to bear the costs of the return, if the delivered goods correspond to those ordered. Otherwise, the return is free for you. Non-parcels are picked up at your place.

A right of revocation does not exist, as far as one is not determined, as far as the commodity was manufactured after customer specifications or is clearly tailored to its personal needs.

Notwithstanding § 346 (2) BGB 1 sentence 1 no. 3, the customer must pay compensation for any deterioration caused by the intended use of the item, insofar as this is not due to the examination of the item.

§4 Warranty and claims for damages

Defects or damages resulting from culpable or improper handling or improper installation as well as the use of unsuitable accessories or modifications of the original parts by the customer or a third party not commissioned by WBS STEELGUITARS are also excluded from the warranty. Natural wear is also excluded from warranty.

If the customer accepts the goods or the object of the order despite knowledge of a defect, the warranty claims in the scope described below shall only be deemed to be valid if expressly and in writing and without delay after receipt of the goods.

Warranty claims due to existing transport damage shall only be due to the customer if he has fulfilled his obligation to inspect and display in accordance with § 2 GTC.

The warranty period for newly manufactured goods is 24 months. The period begins with transfer of risk. The warranty period for used goods is one year. If the customer is an entrepreneur within the meaning of § 14 BGB 1, the warranty period for new items is one year and for used items six months from the transfer of risk.

If there is a defect in the purchased goods for which WBS STEELGUITARS is responsible, WBS STEELGUITARS is entitled, at its discretion, to remedy the defect or to replace it. If the buyer is a consumer within the meaning of § 13 BGB 1, he first has to choose whether the non-fulfillment is to be done by repair or replacement. However, WBS STEELGUITARS is entitled to refuse the chosen supplementary performance if it is only possible with disproportionate costs and the other type of subsequent performance is without significant disadvantages for the consumer.

The company WBS STEELGUITARS fixes the defect at their expense in their company. The return of the goods can be done freely to the company WBS STEELGUITARS. However, it is up to the company WBS STEELGUITARS to decide whether to have the defect rectified by another specialist closer to the customer´s place of residence.

If the company WBS STEELGUITARS is not willing or able to perform this service or if it is delayed beyond a reasonable period of time for reasons for which WBS STEELGUITARS is responsible, or fails in any other way to remedy the defect / replacement, the customer shall be liable his choice to rescind the contract or to demand a corresponding reduction of the purchase price (reduction). For only minor defects, however, the customer has no right of withdrawal.

Unless otherwise stated in § 6 GTC, further claims of the customer - regardless of the legal grounds - are excluded. In particular, claims for damages within the scope of the warranty due to consequential damage, breach of secondary contractual obligations, advisory errors or claims arising from tort against the company WBS STEELGUITARS or their representatives or vicarious agents are excluded. This applies in particular to lost profits or other pecuniary loss of the customer.

The aforementioned exclusion of liability does not apply if the damage is due to intent or gross negligence or if the customer claims under the Product Liability Act. Claims for damages are limited in height to the value of the delivered goods.

§5 Due date and terms of payment

Unless otherwise agreed in writing, the invoices of WBS STEELGUITARS are payable immediately and without deduction.

If the customer defaults on payment of the purchase price, the sum of the purchase price during the default is interest-bearing at five percentage points above the respective base interest rate. If WBS STEELGUITARS has demonstrably incurred a higher damage caused by default, WBS STEELGUITARS is entitled to assert it.

By ordering a custom made steel guitar a deposit of 25% of the total amount is due. In case of a later withdrawal from the order, this deposit will not be refunded.

§6 Retention of title

Until complete payment of all claims against the customer, including all ancillary claims, the delivered goods remain the property of WBS STEELGUITARS - Wolfgang Bednarz. For contracts with consumers, § 13 BGB 1, the company WBS STEELGUITARS reserves the property until full payment of the purchase price.

The customer is not entitled to sell the goods to third parties until full payment of the purchase price or to take other measures which endanger the property of WBS STEELGUITARS. The customer hereby assigns his future claims against the purchaser in the amount of the purchase price agreed between WBS STEELGUITARS and the customer together with interest and secondary claims to the company WBS STEELGUITARS - Wolfgang Bednarz. The company WBS STEELGUITARS accepts this assignment.

§7 Place of performance, jurisdiction, choice of law

The place of performance for all services from the business relationship with WBS STEELGUITARS is Aschaffenburg. Exclusive place of jurisdiction for actions against WBS STEELGUITARS is Aschaffenburg. This also applies to complaints of the company WBS STEELGUITARS against the customer as far as the customer is a merchant, a legal entity under public law or a special fund under public law. It is exclusively German law.

§ 8 Reviews/Testimonials/Picture from Customers

If the customer submits a customer review/testimonial/picture that we have published on our website, he grants us a temporally and locally unlimited, royalty-free and non-exclusive license to use the customer reviews online and offline, copy, publish, translate, make available to third parties, distribute, make publicly available and reproduce. Customer reviews only reflect the opinions of customers.

§ 9 Final provision

Should any of these provisions - for whatever reason - not be applied, this shall not affect the validity of the remaining provisions.

(1) BGB = German Civil Code. For more Informations click here.