General Terms and Conditions and Customer Information
1 Coverage
1.1 The Terms and Conditions of Tonfan Musical Instruments (Owner: Jörg Böckel, henceforth referred to as the Vendor) are in effect for all contracts closed between the Customer and the Vendor concerning products or services offered in the Vendor’s online shop. The Customer’s own stipulations are herewith repudiated unless otherwise agreed.

1.2 As per clause 1.1, Customers are consumers as well as entrepreneurs, whereas a consumer is each and every individual who closes a transaction for a reason that can neither be assigned to their commercial nor to their freelance occupation.  However, a company is each and every individual or corporate body or incorporated company which closes a transaction on behalf of its occupational freelance or commercial activities.

 

2 Completion of the Contract
2.1 The product descriptions in the Vendor’s online shop serve to contribute to a legally binding offer by the Customer.

2.2 The Customer may place his order in writing, per fax, per email or using the Vendor’s online order form. After entering his personal information and clicking on the “Order” button in the final step of the order process, the Customer enters into a legally binding contract for the items in the shopping cart. Before placing the order, all information can be reviewed and corrected by using keyboard and mouse. Furthermore, all information entered will be shown on an order confirmation screen and can also be changed or corrected by using keyboard and mouse before placing a binding order.

2.3 The Vendor will confirm the Customer’s order electronically (fax or email) without delay. The Vendor may accept the Customer’s order through a written (letter) or electronic (fax or email) confirmation or by despatching the goods within five days after the order has been placed. The Vendor has the right to refuse an order.

2.4 All order information is saved by the Vendor and is accessible by the Customer after placing his order through a password-protected customer account and in as far as the Customer opened an account in the Vendor’s online shop before placing his order.

2.5 The order process and customer contact follows per email and automatic order processing. It is the Customer’s responsibility to ensure that his email address is correct so that he is able to receive emails sent by the Vendor. The Customer must ensure that his SPAM filters are set so that he can receive all emails sent to him by the Vendor or third parties contracted for order processing by the Vendor.

3 Return Costs in Case of Right of Revocation

If the Customer exercises his right of revocation according to § 312d, paragraph 1 of the German Civil Code, he will be charged for the regular return shipment costs if the price of the returned item does not exceed 40 Euro or in case of a higher price of the item, the Customer has not rendered either a partial or full payment at time of revocation, unless the delivered item does not comply with the item ordered. In all other incidences, the Vendor bears the return costs (only within Germany!). The Customer bears the return shipment costs from outside Germany.

4 Pricing and Payment Conditions 
4.1 The prices stated by the Vendor are the final price .This means that all price components, including Germany’s compulsory value added tax are included. Any additional shipping and delivery costs will be stated separately in the product description.

4.2 For shipments within Germany, the Vendor accepts the following methods of payment in as far as no other terms are specified in the product description:

1. We accept advance payment through
   • Bank transfer
   • Credit card
   • PayPal
2. COD

4.3 If the item is to be shipped outside Germany, the Customer has the following payment options for delivery overseas in as far as no other terms are specified in the product description:

3. We accept advance payment through
   • Bank transfer
   • Credit card
   • PayPal

Shipments to countries outside of the European Union will in individual cases incur additional costs, such as additional taxes and/or fees, e.g. customs duty.

4.4 If advance payment is chosen, payment is due immediately upon completion of the sale.

4.5 The purchase price is due upon delivery of the items and invoice date if the payment method chosen is bought on account. The amount is due in full within 10 (ten) days of receipt of the invoice, unless otherwise agreed upon. The Vendor has the authority to pass on Customer information to the SCHUFA GmbH for a credit check.  The Vendor reserves the right to refuse delivery and payment on account, depending on the results of the credit check.

4.6 For logistical reasons, pick up is not possible.

5 Delivery and Shipping Conditions
5.1 Shipments are dispatched on route to the delivery address as indicated by the Customer. In order to process the transaction, the indicated delivery address prevails. If the Customer chooses to pay with PayPal, the delivery address as indicated by the Customer on PayPal prevails. 

5.2 If a delivery cannot be made to the Customer, the courier company will return the item to the Vendor and the Customer bear the costs for the unsuccessful delivery. This is not in effect if the Customer is not responsible for the unsuccessful delivery attempt or he exercised his right of revocation.

6 Liability for Defects
The legal liability for defects is valid.
7 Applicable Law
7.1 The law of the Federal Republic of Germany is in effect for all legal relations between the parties. Excluded are the laws concerning items purchased internationally. The choice of applicable law is effective for consumers only in as far as the guaranteed protection is not revoked through compulsory regulations by the laws of the state in which the consumer has his place of residence.

7.2 If the Customer is a merchant, legal person under public law or public separate estate, the court of jurisdiction is exclusively in the district where the Vendor’s business is located for all contractual disputes. The same is valid if the Customer does not have a general court of jurisdiction in Germany or the EU or his residence or usual place of residence are not known during the time period in which a claim is filed. The authority to appeal to an ulterior jurisdiction hereby remains unaffected.

7.3 The contractual language is German.