GTC

1. Validity of our General Terms and Conditions

1.1. 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.

1.2. The individual provisions of our terms and conditions apply both to consumers and to entrepreneurs within the meaning of §§ 13, 14 BGB. If individual provisions apply exclusively to entrepreneurs, this is expressly noted in the relevant provisions.

1.3. Our terms and conditions shall also apply to all future transactions with the customer.

1.4. The purchase contract must be concluded in German or English.

1.5. 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.

2. 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.

3. Conclusion of contract

3.1. 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 “Send 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.

3.2. Unless expressly agreed otherwise, we reserve all rights to all offer and contract documents without restriction.

3.3. 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

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

4.1. 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.

4.2. Unless otherwise agreed in individual cases, the purchase price includes VAT but excludes packaging and shipping costs.

4.3. 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.

4.4. 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.

4.5. The rights and obligations of the buyer are not assignable, i.e. not transferable to third parties, unless we agree to such an assignment.

4.6. 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.

5. Reservation of ownership

5.1. The delivered goods remain our property until the purchase price has been paid in full.

5.2. 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.

5.3. 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.

5.4. 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.

5.5. 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.

6. Transfer of risk

6.1. If the customer acts as an entrepreneur 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.

6.2. 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.

6.3. 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.

6.4. 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.

7. Warranty / Compensation

7.1. 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 entrepreneur, we shall be exclusively entitled to this right of choice. In the case of rectification of defects, we shall bear all necessary expenses. If we deliver defect-free goods for the purpose of subsequent performance, the customer must return the defective goods to us at our expense and risk.

7.2. If the customer demands compensation due to a defect for which we are responsible, the statutory provisions shall apply without restriction.

If the customer is an entrepreneur, we shall pay compensation in accordance with the statutory provisions with the following restrictions:
• We shall only be liable for damages other than those resulting from injury to life, limb and health 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.

7.3. 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.

7.4. 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 an entrepreneur, 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 Clause 7.2, in particular for injury to life, limb and health.

7.5. Statutory warranty rights apply to all goods from our store.

7.6. For individual products, extended manufacturer warranties may exist over and above the statutory warranty rights.

8. Warranty

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

8.1. 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.

8.2. In the event that the manufacturer grants a warranty of more than three years, the longer warranty period applies.

8.3. For computer hardware products, manufacturers only grant a warranty 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.

8.4. If the customer is an entrepreneur, we only accept the warranty period granted by the manufacturer.

8.5. Excluded from the warranty are - Used devices - Products that are subject to wear and tear due to use or other natural wear and tear, e.g. strings, tubes, sticks, batteries, lamps, etc. - Software of all kinds, books, DVDs, SD cards.

8.6. The defect recognized by us as being subject to warranty shall be remedied in such a way that we repair the defective product free of charge or replace it with a faultless product (including a successor model, if applicable), at our discretion. Replaced products or parts shall become our property. 8.7 The warranty claim must be asserted within the applicable warranty period. To do so, please return the affected product to us with the original invoice by requesting a “freeway ticket”.

8.8. Claims other than the right to rectification of defects in the product specified in these guarantee conditions are not justified by this guarantee.

8.9. The provision of warranty services shall neither extend nor restart the respective warranty period for the product. 8.10. These warranty conditions apply to all purchase contracts concluded after January 1, 2007. Only the customer is entitled to warranty service and it cannot be assigned.

9. Right to cancel

9.1 Consumers are generally entitled to a right of cancellation.

9.2. Further information on the right of withdrawal can be found in the Widerrufsbelehrung of the seller.

10. 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:

10.1. We grant the Money Back Guarantee to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB). It applies to all items purchased from us, provided that they were purchased by way of distance selling in accordance with § 312b BGB, but not for financed transactions in accordance with Section 9.4 of our General Terms and Conditions.

10.2. 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.

10.3. 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.
• Items for which software included in the scope of delivery has been registered

10.4. The items must be returned in their original packaging and 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.

10.5. The statutory 14-day right of withdrawal, to which reference is made in Section 9 of these GTC, remains unaffected by these provisions.

11. Concluding provisions

11.1. The law of the Federal Republic of Germany shall apply exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.

11.2. 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.

Rock Shop - Division of fein.media GmbH
Am Sandfeld 21
76149 Karlsruhe