GTC

Validity of our General Terms and Conditions

1. Our General Terms and Conditions apply exclusively; we do not recognize any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions unless we have expressly agreed to their validity in writing.
2. The individual provisions of our terms and conditions apply both to consumers and to businesses within the meaning of §§ 13, 14 of the German Civil Code (BGB). If individual provisions apply exclusively to businesses, this is expressly noted in the relevant provisions.
3. Our terms and conditions shall also apply to all future transactions with the customer.
4. The purchase contract must be concluded in German or English.
5. We save the text of the contract and send you the order data by e-mail. For security reasons, your order data is no longer accessible via the Internet.

Code of Conduct

Rock Shop Division of fein.media GmbH is committed to ecologically and socially responsible corporate management. We expect the same behavior from all our suppliers. We also expect our employees to observe the principles of ecological, social and ethical behavior and to integrate them into our corporate culture. We also strive to continuously optimize our business activities and our products and services in terms of sustainability and ask our suppliers to contribute to this in the sense of a holistic approach.

Conclusion of contract

1. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the “Submit order” button, the customer places a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. Rock Shop can accept the order by sending an order confirmation by e-mail or by delivering the goods within two days.
2. Unless expressly agreed otherwise, we reserve all rights to all offer and contract documents without restriction.
3. We reserve the right to make the following changes to the goods after conclusion of the contract, provided this is reasonable for the customer:
   • Product changes in the course of continuous product development and
   • product improvement
   • Minor and insignificant deviations in color, shape, design, dimensions, weight or quantity
   • customary deviations

Prices and terms of payment, prohibition of set-off, prohibition of assignment, return costs

1. If the contracting parties have not agreed on a specific price, the price shall be determined according to the prices of Rock Shop Division of fein.media GmbH valid at the time of conclusion of the contract.
2. Unless otherwise agreed in individual cases, the purchase price includes VAT but excludes packaging and shipping costs.
3. All invoices of Rock Shop Division of fein.media GmbH are due immediately without deduction and payable immediately, unless we indicate a different due date on the invoice.
4. The customer shall only be entitled to a right of retention insofar as it is based on the same contractual relationship. The customer may only offset counterclaims against undisputed or legally established claims.
5. The rights and obligations of the buyer are not transferable, i.e. not assignable to third parties, unless we agree to such an assignment.
6. If the customer makes use of his right of revocation in accordance with Section 9 of these terms and conditions, he shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if the customer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation if the price of the item is higher. Otherwise the return shipment is free of charge for the customer.

Reservation of ownership

1. The delivered goods remain our property until the purchase price has been paid in full.
2. The customer is permitted to sell the goods subject to retention of title, in particular to combine them with items belonging to third parties, in the ordinary course of business. The customer shall not be entitled to pledge the goods subject to retention of title in any other way, to assign them as security or to make any other dispositions that jeopardize the ownership of Rock Shop Division of fein.media GmbH.
3. The customer hereby assigns to us the claim arising from the resale; we hereby accept this assignment. If the customer sells the goods subject to retention of title after combining them or together with other goods, the assignment of the claim shall be deemed agreed only in the amount of the part corresponding to the price agreed between us and the customer plus a safety margin of 10% of this price.
4. The customer is revocably authorized to collect the claims assigned to us in trust for us in his own name. We may revoke this authorization as well as the authorization to resell if the customer does not meet his essential obligations, e.g. payment. If the customer does not fulfill his essential obligations, he is obliged to provide the necessary data at our request, in particular the name, address, telephone number of the buyer and the goods sold to him, so that we can notify the buyer of the assignment of the claim and collect it ourselves.
5. In the event of seizures or other impairments of the reserved property or the assigned payment claim by third parties, the customer shall be obliged to immediately draw attention to the reservation of title and the ownership of Rock Shop Division of fein.media GmbH, as well as to the assignment of the claim. In addition, the customer is obliged to inform us immediately by telephone, stating the facts of the case and, if requested, to inform us additionally in writing. The customer shall also be obliged to inform us of the name of the third party or parties who seize the goods or claims or cause other impairments in such a way that we are able to protect our legal interests against the third party. The customer shall bear the costs of defending against such seizures.

Transfer of risk

1. If the customer acts as a business when concluding the contract, the risk of accidental loss or accidental deterioration - even if carriage paid delivery has been agreed - shall pass to the buyer as soon as the goods leave our place of business or our warehouse and are handed over to the delivery person.
2. If the customer is acting as a consumer when the contract is concluded, the risk of accidental loss or accidental deterioration shall not pass to the customer until the goods are handed over to the customer by the transport service provider, even in the case of sale by dispatch. If the customer is in default of acceptance, this shall be deemed equivalent to handover.
3. If delivery is delayed at the customer's request or for reasons for which the customer is responsible, the risk of accidental loss shall pass to the customer upon notification of readiness for shipment.
4. At the customer's request and expense, we will insure the goods against breakage, transportation and fire damage. The regulations on the transfer of risk remain unaffected by this.

Warranty / Compensation

1. In the event of a material defect at the time of transfer of risk, the customer has the choice between rectification (removal of defects) and subsequent performance. If the customer is an business, we shall have this right of choice exclusively. In the event of rectification of defects, we shall bear all necessary expenses; if we deliver defect-free goods for the purpose of subsequent performance, the customer shall return the defective goods to us at our expense and risk.
2. If the customer demands compensation for damages due to a defect for which we are responsible, the statutory provisions shall apply without restriction. If the customer is a business, we shall pay compensation in accordance with the statutory provisions with the following restrictions:
   • For damages other than those arising from injury to life, limb and health, we shall only be liable insofar as this is based on intentional or grossly negligent action for which we are responsible or on culpable breach of a material contractual obligation for which we are responsible.
   • Unless damage to life, limb or health has occurred, our liability for gross negligence is limited to compensation for foreseeable damage typical of the contract. The same applies to the non-intentional breach of a non-essential contractual obligation.
3. Liability for defects is excluded for defects caused by natural wear and tear; if the customer repairs, modifies or processes the goods himself or has such measures carried out by third parties without our consent, unless the defect is demonstrably not due to the repair, modification or processing; if the goods are not handled or used in accordance with their intended purpose or are otherwise improperly handled or used, unless the defect is demonstrably not due to improper handling or use.
4. If the customer is a consumer, the warranty period is two years from the transfer of risk. If the object of purchase is a used item, the warranty period is reduced to one year from the transfer of risk. If the customer is a business, the warranty period is one year from the transfer of risk. This applies to both new and used items. The reduced warranty period shall not apply if we are subject to unlimited liability in accordance with Section 7.2, in particular for injury to life, limb and health.
5. Statutory warranty rights apply to all goods from our store.
6. For individual products, extended manufacturer guarantees may exist over and above the statutory warranty rights.
7. Details of the repair time are generally non-binding unless a completion date has been agreed in writing. There is no entitlement to loan devices during the repair period.

Guarantee

In addition to the statutory warranty, we provide a three-year guarantee in accordance with the following regulations:

1. We provide a guarantee for all defects which occur during a period of three years from the transfer of risk and which are demonstrably attributable to a material or manufacturing defect.
2. In the event that the manufacturer grants a guarantee of more than three years, the longer guarantee period applies.
3. For computer hardware products, manufacturers only grant a guarantee period of one year in addition to the statutory warranty. In this case, we also only provide a guarantee for one year from the transfer of risk.
4. If the customer is a business, we only cover the guarantee period granted by the manufacturer.
5. Excluded from the guarantee are:
   • Used devices
   • Products that are subject to use-related or other natural wear and tear, such as strings, tubes (also built-in), sticks, batteries, lamps, spotlight LEDs, cables, bags, cases, straps, pots, faders, picks, laser diodes, pitch benders, keyboards, switches and keys, reeds of harmonicas and melodicas, ear and head pads…
   • Software of all kinds, computers and computer articles, books, DVDs, SD cards.
   • Service spare parts, i.e. spare parts that the consumer purchases from us as part of the repair or maintenance of a product.
6. The rectification of the defect recognized by us as subject to guarantee shall be carried out in such a way that we either repair the defective product free of charge or replace it with a faultless product (or a successor model, if applicable). Replaced products or parts shall become our property.
7. The guarantee claim must be submitted to us within the applicable guarantee period. If the guarantee claim is made within 24 months of the date of the proof of purchase, we will cover the costs for the return shipment if the guarantee claim is justified. For this purpose, we ask you to return the affected product including a copy of the invoice to us by requesting a “freeway ticket”. If a justified guarantee claim is asserted after 24 months from the date of purchase, the costs of the outward and return shipment shall be borne by the guarantee holder. The above provision on the assumption of shipping costs only applies to customers resident in Germany. The costs for sending and returning goods from abroad for the purpose of guarantee redemption are not part of the guarantee and are not covered by us. Unfree returns will not be accepted. The customer bears the full risk of sending the goods; we bear the risk of returning the goods.
8. Claims other than the right to rectification of defects in the product specified in these guarantee conditions are not justified by this guarantee.
9. The provision of guarantee services neither extends nor restarts the respective guarantee period for the product.
10. These guarantee conditions apply to all purchase contracts concluded after January 01, 2007. Only the customer (original purchaser) is entitled to the guarantee and it cannot be assigned.

Right of cancellation

1. Consumers are generally entitled to a right of cancellation.
2. Further information on the right of cancellation can be found in the seller's cancellation policy.

Money Back Guarantee (voluntary right of return)

In addition to the statutory 14-day right of withdrawal, we offer our customers a so-called Money Back Guarantee for the following 16 days under the following conditions:

1. We grant the Money Back Guarantee for customers who are consumers within the meaning of §13 of the German Civil Code (BGB). It applies to all items purchased from us, as long as they were purchased by way of distance selling according to §312b BGB, but not for financed transactions according to paragraph 4 of our cancellation policy.
2. Return transportation costs are to be borne exclusively by the customer as part of the Money Back Guarantee. This also applies to the risk of damage or loss of the item being returned.
3. The Money Back Guarantee does not apply to:
   • Consumables (e.g. strings, tubes, sticks, batteries, lamps…)
   • Items that have been specially manufactured or individually configured for the customer.
   • Items that cannot be resold for hygienic reasons (e.g. in-ear receivers, mouthpieces, plates, harmonicas…)
   • Items for which software included in the scope of delivery has been registered.
4. The items must be returned in their original packaging and a secure outer packaging with all accessories and without signs of use. We reserve the right to withhold compensation in the form of a reduction in the purchase price if the returned item is obviously diminished in value through use.
5. The statutory 14-day right of cancellation, to which reference was made in Section 9 of these GTC, remains unaffected by these provisions.

Concluding provisions

Only the law of the Federal Republic of Germany shall apply, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.
If the purchaser is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all obligations arising from the contractual relationship shall be Karlsruhe or, at our discretion, the purchaser's registered office. Should individual provisions of the contract, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
 
Rock Shop - Division of fein.media GmbH
Am Sandfeld 21
76149 Karlsruhe