General Terms and Conditions
of the Webshop of KORG Germany GmbH
I. Scope of application, definitions
1.
KORG Germany GmbH, Görlitzer Str. 52, 10997 Berlin, registered in the commercial register of the Berlin District Court (Charlottenburg) under HRB 213837, represented by the managing directors Tatsuya Takahashi, Seiki Kato, Tomoko Kosaka and Hironori Fukuda, VAT identification no.: DE328574095 (hereinafter “KORG Berlin”), manufactures electronic musical instruments and sells them via distribution partners and the webshop (www.korg.berlin).
2.
The “Customer” and contractual partner of KORG Berlin is the entrepeneur or consumer who purchases the product via the webshop and has to pay the purchase price.
3.
The business relationship between KORG Berlin and the Customer shall be governed exclusively by the following Terms and Conditions in the version valid at the time of the order. The Terms and Conditions shall be deemed to have been agreed when the Customer sends the order, unless the customer objects to them immediately after becoming aware of them. Deviating and/or conflicting Terms and Conditions of the Customer shall not apply unless KORG Berlin expressly agrees to their validity in writing.
4.
The Customer is a consumer as far as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity (Sec. 13 German Civil Code, BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract (Sec. 14 German Civil Code, BGB).
II. Conclusion of contract
1.
The Customer can select products from the KORG Berlin product range displayed on the website and collect them in a so-called shopping cart using the “Add to shopping cart” button. By clicking the button “order with obligation to pay”, the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. However, the order can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and thereby included them in their order.
2.
KORG Berlin shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again. The automatic confirmation of receipt merely documents that the Customer’s order has been received by KORG Berlin and does not constitute acceptance of the Customer’s order. The contract is only concluded when KORG Berlin issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, General Terms and Conditions and order confirmation) shall be sent to the Customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
3.
The Customer is responsible for ensuring that the email address he provided when ordering is error-free, has been configured correctly (for example with regard to SPAM filters) and that his email account has the necessary free storage space.
4.
The purchase contract can be concluded in German or English. If the product selected by the Customer is not available or is temporarily not available at the time of the Customer’s order, KORG Berlin will immediately inform the Customer of this in the order confirmation. If the product is permanently unavailable, KORG Berlin will not issue a declaration of acceptance, so that a purchase contract will not be concluded in this case.
The Customer can view and download these terms and conditions on the website both before and after an order.
III. Shipping
1.
Delivery times stated by us are calculated from the time of our order confirmation, on condition of prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our webshop, the delivery time is 8 days.
2.
The following delivery restrictions apply: KORG Berlin only delivers to Customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Andorra, Georgia, Liechtenstein, Norway, Monaco, Montenegro, San Marino, Vatican.
3.
KORG Berlin ships the products ordered via the webshop weekly (on Wednesdays) by insured delivery from Berlin via DHL Go Green within Germany and via UPS or DPD to all other countries mentioned above. KORG Berlin will send the Customer a confirmation e-mail about the successful shipment with a tracking code.
IV. Retention of title
The delivered goods remain the property of KORG Berlin until fully paid for.
V. Prices and Shipping Costs
1.
All prices stated on our website include the applicable statutory VAT and do not include shipping costs.
2.
For shipping to countries outside the European Union, additional costs such as customs duties, taxes and levies may be incurred in addition to the shipping costs, which must be paid by the Customer in accordance with the respective national law. The Customer must inform himself about the existing regulations.
3.
The Customer shall bear the corresponding shipping costs unless he exercises his right of withdrawal. The respective shipping costs are shown at www.korg.berlin he shipping costs apply as they can be viewed on the website at the time of the order or as they are indicated on the order overview before the order is completed.
4.
In the event of withdrawal, the Customer shall bear the direct costs of the return shipment.
VI. Payment
1.
The Customer may carry out payment by credit card, PayPal, ApplePay and GooglePay. These payment methods are processed via external payment service providers.
2.
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is scheduled by the calendar, the Customer shall already be in default by missing the deadline, which entitles KORG Berlin to default interest at the statutory rate.
3.
The Customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default on the part of KORG Berlin.
VII. Liability for material defects, Warranty
KORG Berlin shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sec. 434 et seq. of the German Civil Code (BGB). In relation to entrepreneurs, the warranty period for products delivered by KORG Berlin is 12 months from receipt of the goods. An additional guarantee shall only apply to the goods supplied by KORG Berlin if this was expressly stated in the order confirmation for the respective article.
VIII. Liability
1.
Claims for damages by the Customer are hereby excluded. This does not apply to claims for damages by the Customer arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations) or liability for other damages based on an intentional or grossly negligent breach of duty by KORG Berlin, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2.
In the event of a breach of material contractual obligations, KORG Berlin shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.
3.
Contractual liability claims of entrepreneurs expire one year after the statutory limitation period begins.
4.
The restrictions in paragraphs 1 and 2 shall also apply in favor of KORG Berlin’s legal representatives and vicarious agents if claims are asserted directly against them.
5.
The limitations of liability resulting from paragraphs 1 and 2 shall not apply if KORG Berlin has fraudulently concealed the defect or has assumed a warranty for the quality of the item. The same applies if KORG Berlin and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
IX. Withdrawal Instructions
1.
Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which KORG Berlin provides information below in accordance with the statutory model withdrawal form. The exceptions to the right of withdrawal are regulated in paragraph 2. A model withdrawal form can be found in paragraph 3.
Withdrawal Instructions
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (KORG Germany GmbH, Görlitzer Str. 52, 10997 Berlin, [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
2.
The right of withdrawal does not apply to contracts relating
- to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- to the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
KORG Berlin provides the following information on the model withdrawal form in accordance with the statutory provisions:
Model withdrawal form
(If you wish to withdraw from the contract, please fill in this form and send it back to us).
- To KORG Germany GmbH, Görlitzer Str. 52, 10997 Berlin, [email protected]:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
__________
(*) Delete as appropiate
X. Returns
1.
Beyond the scope of the right of withdrawal, the Customer has the right to return the ordered goods within 14 days of receipt against reimbursement of the purchase price.
2.
Shipping costs will not be refunded in the event of such a return.
3.
All returns are subject to a handling fee of EUR 5, which will be deducted from the amount of the refund to your original means of payment.
4.
We will do our best to process the refund as quickly as possible. However, it may take up to 14 working days before the refund to the payment method used is visible to the Customer.
XI. Miscellaneous
1.
Contracts between KORG Berlin and the Customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the Customer has its habitual residence as a consumer, shall remain unaffected.
2.
If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and KORG Berlin shall be the registered office of KORG Berlin. KORG Berlin is entitled to take legal action at the Customer’s registered office.
3.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
4.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
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