Terms of service

Terms of Service

 

1. General information and scope

For contracts concluded via our online shop and business relationships of any kind between

LnK Reeds GmbH
Neumühle 14
91456 Diespeck

registered in the commercial register of the Fürth District Court under HRB 19556
represented by their managing directors Hubertus von und zu Franckenstein and Andreas Kraus
(hereinafter referred to as "LnK")

and the customer

The following General Terms and Conditions apply in their currently valid version. All agreements made between the customer and LnK in connection with the purchase contract arise in particular from these General Terms and Conditions, our order confirmation, and our acceptance declaration. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

Customers can be both businesses and consumers..

consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 13 BGB).

entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (§ 14 BGB).

Contract language is German.

2. Offer, ordering process and conclusion of contract

1. The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog of the product range. By clicking the "order with obligation to pay" button, the customer submits a legally binding order for the goods contained in the shopping cart.

Specifically, when placing an order in the online shop, the customer goes through the following steps in their internet browser:

• Beginn The order is placed by clicking the "proceed to checkout" button in the displayed shopping cart.
• Forwarding to the general order overview page, where the individual purchase steps are then completed.
• Step 1 Selection of the "Billing and Delivery Address" (in case the customer does not have a customer account and is not logged in; otherwise, the billing and delivery address are stored).
  

• Enter the "billing address"
• If the billing and delivery addresses are not identical, you can enter a "different delivery address" by clicking the checkbox.

• Step 2 The next section, "All items in your order," will display an overview; you will have the option to change the contents of your shopping cart.
• Step 3 Selection of the "payment method" (by clicking on the desired payment method)
• Step 4 Option to select "More options" by clicking (different delivery address, shipping date, comment/note regarding the order)
• Diploma the order by clicking on the "order with obligation to pay" button

Confirmation of receipt of the order will follow by email immediately after the order is submitted.

• The customer is bound to an order placed for 14 calendar days. We are entitled to accept the offer within this period. The decisive factor for compliance with this deadline is the date on which our acceptance is received by the customer.
• The purchase agreement only becomes effective upon our separate order confirmation containing the declaration of acceptance. The contract text is stored, and the order details and the general terms and conditions are sent to the customer by email.
• LnK reserves the right to withdraw from the contract if, after its conclusion, it turns out that the goods are unavailable, even though a corresponding hedging transaction has been concluded and the unavailability was not caused by our fault. In such a case, the customer will be notified immediately. Any payments already made will be refunded immediately. Further claims against LnK are excluded.

3. Delivery conditions

• We are entitled to make partial deliveries, provided this is reasonable for you.
• The delivery period is approximately five working days, unless otherwise agreed. Subject to the provision in paragraph 3, it begins upon conclusion of the contract.
• For orders from customers residing or having their business address abroad, or if there are reasonable grounds to suspect a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (prepayment requirement). If we exercise this right, we will inform you immediately. In this case, the delivery period begins upon receipt of the purchase price and shipping costs.

If the customer entrepreneur (Section 14 of the German Civil Code (BGB)) means that delivery is generally at the customer's risk. This also applies to partial deliveries.

Is the customer consumer In accordance with Section 13 of the German Civil Code (BGB), the risk of accidental loss and accidental deterioration of the sold item, even in the case of a sale involving shipment, only passes to the customer upon delivery of the item.

Delivery is deemed to have taken place if the buyer is in default of acceptance. Delivery will be made to the delivery address specified by the customer.

• All prices are gross prices including statutory VAT plus any applicable packaging and shipping costs.

Shipping costs will be displayed during the checkout process. You can also contact us by email at info@lnk-reeds.de Please inquire. Deliveries to third countries will incur additional customs duties and fees for the customer.

If we fulfill your order by means of partial deliveries in accordance with section 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

• The goods must be inspected for transport damage immediately upon receipt by the customer or his representative. Merchant within the meaning of the German Commercial Code (HGB) Any detectable transport and packaging damage must be confirmed in writing by the transport company upon acceptance of the goods by the customer, provided the customer is a merchant within the meaning of the German Commercial Code (HGB), and reported to LnK.

Customers who consumer While this is not legally binding, we kindly ask you to also report any obviously visible transport damage to us.

4. Statutory Right of Withdrawal

Right of withdrawal

If you consumer If you are a natural person (i.e., a natural person placing an order for purposes that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions. If you, as a consumer, exercise your right of withdrawal, you must bear the regular costs of return shipping. The following regulations apply to the right of withdrawal:

The right of withdrawal does not apply to distance contracts.

• for the delivery of goods, which were manufactured according to customer specifications or which are clearly tailored to personal needs or which, due to their nature, are not suitable for return, especially if the sealed packaging has been opened, or which may spoil quickly or whose expiration date would be exceeded,
• for the delivery of audio or video recordings or software, provided you have unsealed the data carriers delivered.

5. One-time exchange right for reeds for wind instruments

• LnK grants everyone consumer A one-time exchange right. The customer may exchange one reed of a specific strength for wind instruments received from us once, without giving reasons, within 14 days for a reed of a different strength. To exercise this right of exchange, the customer must contact us (LnK Reeds GmbH, Neumühle 14, 91456 Diespeck, email: info@lnk-reeds.de) inform the customer of their decision to exercise this right of exchange. This one-time right of exchange also applies if the goods in question are sealed and unsuitable for return for reasons of health protection or hygiene, and if this seal has been removed after delivery.
• The return period begins when you, or a third party designated by you (other than the carrier), take possession of the goods. To meet the 14-day return deadline, it is sufficient to send the goods back in a timely manner. The right to return the goods can only be exercised by returning them to us.
• LnK covers the return shipping costs within Germany. However, under this exchange policy (LnK's one-time exchange policy for reeds for wind instruments), LnK unfortunately cannot cover return shipping costs for customers outside of Germany.
• Furthermore, if a customer exercises their right of exchange, they must compensate LnK for any reduction in value or the value of the goods if the customer is unable to return them properly due to their deterioration, loss, or other impossibility of return. This does not apply if the deterioration of the goods is solely attributable to their inspection – as would have been possible for the customer in a retail store, for example. Moreover, the customer can avoid the obligation to compensate for the diminished value by not using the goods as if they were their own property and by refraining from anything that impairs their value.

6. Warranty

• The warranty is governed by statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The warranty period for new goods is two years. The period begins upon the transfer of risk.

Is the customer entrepreneur, the warranty period for new items is one year and for used items six months from the transfer of risk.

• Defects or damage resulting from culpable or improper handling or installation, as well as the use of unsuitable accessories or modifications to the original parts by the customer or a third party not commissioned by LnK, are excluded from the warranty.
• Wear and tear resulting from normal use is also excluded from the warranty.
• If the customer accepts the goods or the subject of the order despite knowledge of a defect, warranty claims to the extent described below are only available if the customer expressly reserves these rights in text form (e.g. email) immediately after receiving the goods.
• Warranty claims due to existing transport damage are only available to the customer if he has Duty to investigate and report has complied with the requirements of Section 3, Paragraph 6. This does not apply if the customer is a consumer..

7. The guarantee

Any voluntary seller's warranties we may provide for specific items, or voluntary manufacturer's warranties provided by the manufacturers of specific items, are in addition to claims for material defects or defects of title as defined in Section 6 Paragraph 1. Details of the scope of such warranties are set out in the warranty terms and conditions, which may be included with the items.

8. Liability

• We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
• In all other cases, unless otherwise stipulated in paragraph 3, our liability is limited to breaches of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which you, as the customer, may regularly rely (so-called cardinal obligations), and is further limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of paragraph 3.
• Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

9. Due date and terms of payment, set-off and right of retention

• Unless otherwise agreed in writing, LnK's purchase price claims are payable immediately and without deduction. For credit card payments, the credit card will be charged the total amount after the customer submits the online order, the invoice has been generated, and the goods have been shipped. Orders paid in advance will only be shipped after payment has been received. For cash on delivery, the goods will be handed over upon payment in cash.
• LnK reserves the right to refuse checks and other non-cash payment methods. Acceptance is always subject to collection. Payments in foreign currency will be credited according to the bank statement. Bank charges are to be borne by the customer.
• If the customer defaults on payment of the purchase price, the outstanding amount will accrue interest at a rate of five percentage points above the respective base interest rate during the period of default. If LnK can demonstrate that it has incurred higher damages due to the default, LnK is entitled to claim these damages.
• You are not entitled to offset any claims against our demands unless your counterclaims are legally established or undisputed. You are also entitled to offset claims against our demands if you assert claims for defects or counterclaims arising from the same purchase agreement.
• As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase agreement.

10. Retention of title

• Until full payment of all outstanding claims against the customer, including all ancillary claims, the delivered goods remain the property of LnK, provided the customer is a merchant as defined by the German Commercial Code (HGB). In contracts with consumers, LnK retains title to the goods until full payment of the purchase price.
• The customer is not entitled to sell the goods to third parties or take any other actions that could jeopardize LnK's ownership until the purchase price has been paid in full. The customer hereby assigns to LnK all future claims against the purchaser up to the amount of the purchase price agreed between LnK and the customer, including interest and ancillary claims. LnK accepts this assignment.

11. Copyrights

We hold the copyright to all images, videos, and texts published in our online shop. Any use of these images, videos, and texts is prohibited without our express permission.

12. Applicable law, place of performance and jurisdiction

• German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you placed the order as a consumer and your habitual residence was in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in the first sentence.
• The place of performance for all services arising from the business relationship with LnK is Diespeck if the customer is a merchant, a legal entity under public law or a special fund under public law.
• If the customer is a merchant, a legal entity under public law or a special fund under public law, Nuremberg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.
• Dispute resolution: The European Commission has established an online platform for dispute resolution. This platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

13. Final Provisions

Should any of these provisions – for whatever reason – not apply, the validity of the remaining provisions shall not be affected.

Stand October 2022