General Terms and Conditions
§ 1 Scope of our terms and conditions
(1) All national and international applications, offers, contracts regarding delivieries as well as services and consulting services renderd, provided or concluded in business between Warwick GmbH & Co. Music Equipment KG (hereinafter: Warwick) and consumers or non-consumers in accordance with § 310 I BGB are subjected to these General Terms and Conditions (hereinafter: GTC). Our offers, price lists, brochures and other documents are subject to change in terms of prices and delivery options. Customers can be both entrepreneurs and consumers. A consumer pursuant to these General Terms and Conditions is any person who concludes a legal transaction for purposes, which predominantly can neither be assigned to their commercial nor their self-employed professional activity (§ 13 BGB). Entrepreneurs according to these GTCs are natural persons, legal entities or partnerships with legal capacity who or which conclude a legal transaction in exertion of their industrial or self -employed professional activity (§ 14 BGB)
(2) Our GTC exclusively apply for all current and future business relations rendered between Warwick and their customers. Any deviating, supplementary or conflicting conditions are not considered part of the contract, even if we are not positively objecting them. That also applies in terms of any awareness by Warwick of any deviating, supplementary or conflicting conditions or clauses. This shall not apply when Warwick explicitly and in written form consents to the deviating, supplementary or conflicting conditions. Our GTCs even apply when we execute the delivery under the conflicting conditions of our customer. Changes and additions are made by the management. Verbal agreements or statements declared by a person not s pecifically authorized by the supplier will only become operative if a written confirmation is issued by the supplier’s management. These conditions further apply to all future business relations between the contracting parties. General business and purchasing conditions of our customers are solely compulsory for Warwick if they are not contradicting our GTC and written consent has been granted by us.
(3) Our offers are always non-binding, except if stipulated otherwise in the order confirmation. Verbally communicated special offers require a written confirmation by Warwick in order to be binding. The presentation of the products in the online shop does not constitute a legally binding offer, but only a non-binding online catalogue of the product range. The customer places a binding order for the goods contained in their online quote cart by operating the purchasing button captioned with the word “Buy”. A confirmation of receipt will immediately be issued after the order has been submitted. The customer is obliged to check our order confirmation instantly or shall accept it as acknowledged if a written objection is not issued directly.
(4) The contract text will be stored and the order data and the general terms and conditions are sent to the customer via e-mail. Contractual claims are not assignable by the customer without our written consent.
(5) Each and every contract completion as well as the delivery itself is placed with reservation to the correct and timely self-delivery by our suppliers, provided the non-delivery is not part of our responsibility thus not our duty . The customer will promptly be informed of the unavailability of the service. The consideration will be reimbursed.
§ 2 Information on the nature of our products, prices
(1) When placing an order, the customer must take into account the technical data in accordance with the state of the art, the legal and technical regulations and any individual legal agreements.
(2) Information stated in catalogues, sales documents, sketches, drawings, price lists, etc. are solely approximate guidelines, however ascertained in the best possible way . Samples are considered as average. We reserve the right to make technical changes to the goods compared with the information in printed materials, illustrations and catalogues. Likewise, changes in shape, colour and / or weight are reserved within reasonable limits.
(3) We would like to point out that exotic woods (including burl type woods) due to their natural characteristics, tend to change and move over time. Despite our efforts to provide high quality woods, we cannot make guarantee the stability and unalterability oft he wood.any guarantees that the wood will be fully stable and unchanging. We use the latest technologies, such as high-performance wood dryers and our advanced production to minimize wood changes. Nevertheless, exotic woods, including root woods, always react differently to environmental conditions, and it is possible that changes may occur. We would like to emphasize that we only source exotic woods, including root woods, from sustainable forestry and do not use illegal wood in our production. We attach great importance to the responsibility towards the environment and support the protection of forests.
(4) We reserve all property rights, copyrights and other rights to illustrations, drawings, advertising and other imprints, calculations and other documents. This particularly , however not explicitly, applies to written documents that are designated as "confidential".
(5) Our prices are non-binding recommended prices.
(6) Warwick reserves the right to raise prices in case of contracts with an agreed upon delivery period which exceeds a minimum of six weeks accordingly to occurring increases in costs inferred to subcontracting agreements, collective wage agreements or increasing material prices. If the price increase exceeds more than 5% of the price stipulated in the contract the customer is granted a right of withdrawal from the contract pursuant to § 313 para. 3 BGB. In case of the exertion of the right of withdrawal, the customer is barred from raising damage claims.
(7) Our prices do not include the statutory value-added tax. The tax will be identified separately in accordance with the statutory rate on the invoice on issuing day.
(8) Except when otherwise stipulated in the order confirmation, our prices apply “ex-factory” (Markneukirchen ), excluding statutory value added tax and packaging. The packaging will be invoiced separately. The value-added tax will be identified separately in accordance with the statutory rate on the invoice on issuing day.
(9) All quotations and prices outside the order confirmation are non-binding and can be changed by us at any time.
§ 3 Delivery, delivery obligation, shipment and risk
(1) If the customer is an entrepreneur (§14 BGB), delivery is always held at the customer’srisk. This also applies to partial deliveries. If the customer is a consumer in the sense of § 13 BGB, the risk of accidental loss and accidental deterioration of the purchased item passes on to the consumer with the transfer of the object. The same scope applies for the consumer in cases of a sales shipment. The default of acceptance equates the transfer the object. The delivery will be made to the delivery address specified by the customer.
(2) We reserve the right to request cash on delivery or advanced payment for the total or partial amount of the purchased items price. The order confirmation is enclosed to the invoice.
(3) Specified delivery deadlines are adhered to as far as possible. Compulsory delivery dates and deadlines need an underlying explicit and written agreement. Minor exceedances are permitted. After the delivery period is expired, the customer is entitled to setting a reasonable grace period taking the customers and Warwicks interests into account. In the event of approximated delivery dates (e.g. "approximately", "approx.", "Preferably", etc.) we will try to meet that deadline to the best of our abilities.
After the con clusion of the contract the delivery period is extended- even within a delay- when hindrances arise which we are not responsible for. These may include (for example) breakdowns, strikes, lockouts, disruptions of traffic routes, technical difficulties that are in the nature of the contract and make its execution impossible or unreasonable for us or for our suppliers, fire damage, missing raw material, electricity shortage. This also applies if these circumstances occur at our suppliers.
The be ginning and ending of such hindrances will promptly be notified to our customer. The customer has the right request a statement as to whether we wish to withdraw from the contract or deliver in a reasonable amount of time. If a statement of the matter is not provided immediately after the request, the costumer has a right to resign from the contract. In the event of the customers’ withdrawal from the contract the customer is barred from further claims of compensation.
(4) If the customer is in default of acceptance, or in breach of cooperating obligations we are entitled to claim the damages associated with the default or breach including any additional expenses (e.g. storage costs). Further claims are reserved to Warwick.
(5) Compliance concerning our obligation to deliver presupposes the timely and proper fulfilment of the customer’s obligations.
(6) We reserve the right to send the customer a sample electronically in the sense of a digital "final artwork" of the ordered goods. This is created on the basis of data and print motifs provided by the customer. Production will only take place after the customer has approved the digital sample, which should be sent immediately upon receipt, preferably within 24 hours. Agreed delivery times are only set in motion after the customer has approved the digital design.
(7) Partial deliveries are permitted.
(8) The risk of accidental loss or accidental deterioration of the ordered goods shall pass to the customer at the time at which he is in default of acceptance or payment.
§ 4 Legal right of revocation
(1) Legal right of revocation
In the event of the customer being classified as a consumer (§13 BGB), the customer has the right to revoke the contract within fourteen days without any detailing on reasons under the prerequisites of §§ 355 ff. BGB. The revocation period is fourteen days, commencing the day the customer or a third party authorized by the customer other than the performing carrier is taking possession of the last delivered goods.
In order to exercise its right of revocation the customer has to make an explicit announcement to;
Warwick GmbH & Co Music Equipment KG
Tel. 49 (0) 37422 555 0
Fax. 49 (0) 37422 555 99
The explicit announcement (which can be transmitted (for instance) by post with a letter, via telefax or e.mail) has to contain an explicit statement of the customers decision to revoke the contract. To do so the customer may use the model form attached.
In order to keep the term of the revocation period it suffices that the customer dispatches its announcement of revocation before the expiration of the time period.
(2) Consequences of the revocation of the contract
In the event of a customer’s revocation of the contract, we are obliged to reimburse all the payments the customer has made so far, including delivery costs (with the exception of additional costs arising due to the customer’s choice of a delivery method diverging from the offered, standardized and most cost efficient delivery method), within fourteen days commencing the day upon receiving the customers announcement of revocation. For the reimbursement, the transaction method used by the customer in its original transaction will be used, if the parties have not explicitly agreed otherwise. On no account, the customer will be faced with repayment charges. We may refuse the refund until the purchased item has returned or until the customer provides evidence that the purchased item is in return shipment, depending on which of the two is the earlier point in time.
The customer is obliged to return the purchased item promptly and in any event no later than fourteen days after the announcement of revocation. The deadline is met when the customer sends off the return shipment within the fourteen day time period. The customer bears the cost of returning the goods in accordance with the statutory provision of § 357 (6) BGB.
To protect the environment and reduce CO2 emissions, all customers are asked to check their order carefully before sending it off, in order to minimise unnecessary shipping volumes and to make a contribution to CO2 reduction. When returning an order with a value of up to €750.00, a handling fee of €7.50 will be charged; for a value of over €750.00, the fee is €15.00. The same fee will be charged for the cancellation of an unshipped order.
The customer will only be financially liable for the purchased items loss in value, if it can be led back to handling of the item that cannot be associated with the inspection of quality, properties and operating mode. This especially is the case when the item, particularly the delivered instruments, show signs of usage that exceed inspection of quality, properties and operating mode. In these cases, we reserve an offset right concerning our damage claims against the customers refund claim, which can amount to the full purchase price, depending on the condition of the returned item.
(3) Exclusion of the right of revocation
The right of revocation is excluded for:
• Delivery of goods that are not prefabricated and an individual selection or determination by the customer is decisive for the production or concerning the delivery of goods which are adjusted to the customers individual requirements
• Delivery of sealed goods that, after the removal of the sealing, are not suitable for return on grounds of public health or hygiene. This especially applies if items intended for consumption are no longer in their original packaging or have been subjected to other uses or changes. This particularly includes:
o pickups (if no longer in their original packaging)
o cables that have been processed (shortened or soldered)
o strings (if they are no longer in their original packaging)
o hardware (if they are no longer in their original packaging)
o instrument / string cleaning agents (if they are no longer in their original packaging)
• Delivery of sound or video recordings or computer software in a sealed package, after the package sealing has been removed by the customer
• Delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
§ 5 Terms of payment
(1) By placing an order, the customer confirms his solvency and creditworthiness. Payments by the customer are made by either direct debit or cash on delivery, if not explicitly and in written form agreed upon otherwise.
(2) If , after the conclusion of the contract, facts come to be known that, due to the customers financial capacity, our payment claim is put at risk, Warwick shall be entitled to demand advance payments or corresponding bank guarantees from the customer, according to its choice, after setting a reasonable deadline. In the event of the customers’ refusal, we are granted a right to withdrawal from the contract whereby already rendered services and / or completed or not yet completed deliveries will be invoiced and are promptly due. Partial deliveries not yet delivered will be delivered after payment.
Goods that have been already purchased or ordered, as well as parts of goods already in the production process, shall be borne by the customer, unless they have already been adequately covered by another provision for compensation etc.
(3) Payments are due no later than 10 days after the invoice date without deduction. Warwick is entitled to demand advance payments on order confirmation, for partial deliveries already made or services / deliveries in stock.
(4) For payments made by direct debit, the customer is entitled to deduct a 1% discount of the net value within a time period of 5 days after invoicing, under the prerequisite that this has been agreed upon between the parties and has been stated separately on the invoice. The purchase price is solely reducible by the discount on the condition that all due invoices have been paid for and the corresponding discount period has been met by payment receipt by us.
(5) Compliance of the customers’ payment obligation is met at the point in time Warwick is capable of disposing over the invoice amount.
(6) Payments concerning all claims with debt discharging effect may only be made to:
Warwick GmbH & Co. Music Equipment KG, P.O. Box 10100, D-08258 Markneukirchen / Wohlhausen
UniCredit Bank AG, IBAN: DE63 7602 0070 0008 7801 45, BIC: HYVEDEMM460
(7) In case of default of payment, we charge a default interest of 9 % above the current base rate provided that the contracting party is an entrepreneur in the sense of these GTC. In the event of a contractual relationship between Warwick and a consumer, the default interest is set at 5 % above the applicable base rate. We reserve the right to prove and assert a higher damage caused by default.
(8) The customer is granted an offset-right limited to undisputed or legally binding counterclaims. A right of retention from previous or other transactions resulting out of the current business relations with us cannot be asserted. In addition to that , payments due to a deficiency of the purchased item or other complaints may only be withheld based on a written complaint and only to the arranged extent between the parties.
(9) We are not obliged to accept bills of exchange or checks for the purpose of payment. Invoice regulation made by checks or bills of exchange are solely made on account of fulfillment. All associated costs such as bill of exchange and collection charges are at the expense of the customer.
(10) For foreign payments, bank charges will be passed on to the customer . If not agreed upon otherwise our invoices are always payable within 30 days after the preservation of goods.
(11) Repairs and commissioned goods are generally payable without discount, commencing after delivery entrance or calculation.
(12) Payments will be cross-charged pursuant to § 367 BGB.
§ 6 Warranty
(1) As a quality agreement, solely the given details on the order confirmation or information issued on a separate confirmation can be deemed. Descriptions of goods, weight and / or quantities, in particular in catalogues, brochures, on the Internet, in price lists and advertisements are only indicative or approximate values. They do not constitute binding quality specifications, unless information on the condition has explicitly an in written form been confirmed by Warwick. The properties of samples or sample copies only become part of the contract if the parties have explicitly and in written form agreed on that.
(2) Defects, damages or any pollution of instruments resulting of culpable or improper handling, a lack of cleaning/care, or improper installation as well as the use of unsuitable accessories or modification of original parts by the customer or a third party not commissioned by Warwick are excluded from any warranty. The same shall apply if the goods intended for consumption are no longer in their original packaging or have been subjected to any other use or modification. This particularly includes:
• pickups (if no longer in their original packaging)
• cables that have been processed (shortened or soldered)
• strings (if they are no longer in their original packaging)
• instrument / string cleaning agents (if they are no longer in their original packaging)
(3) Furthermore , any abrasion that can traced back to the usage of the item are also excluded from warranty. This particularly includes tubes built into amplifiers or other components of amplifiers and instruments that are subjected to wear.
(4) If the customer accepts the goods or the object of the order despite being aware of a defect, he shall only be entitled to warranty claims to the extent stated below if the customer explicitly reserves its warranty claims in written form (e.g. e-mail) promptly after receiving the goods.
(5) If the contracting party is qualified as an entrepreneur according to these terms and the regulations on the commercial purchase of §§ 373 ff. HGB apply, warranty claims presuppose a promptly compliance with the examination and notification obligation stated in § 377 HGB. Warranty claims due to any kind of transport damage can solely be asserted under the prerequisites of § 377 HGB.
(6) In case of a defect, we are entitled to arrange either for the removal of the defect or the delivery of a defect-free product. The legal right to choose the kind of supplementary performance as previously elucidated applies to Warwick. In the event of the rectification of the defect, we shall only be obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, unless these are increased by the fact that the goods were moved to a place other than the place of performance. We can refuse supplementary performance if it is only possible with disproportionate costs.
(7) Should the Customer return the goods to Warwick for the purpose of subsequent performance or other warranty claims, the Customer is obliged to pack the goods properly, so that the goods do not suffer any further damage during shipment. If the customer returns the goods in packaging that does not meet the current packaging standards, we will refuse to honor warranty claims unless the Customer proves the damage to the goods cannot be led back to improper packaging. Warwick will document the condition of the packaging. Packaging materials that do not comply with current packaging standards will be disposed at the Customer's expense for a flat rate of € 29.50 plus statutory VAT. Warwick may retain the goods within the scope of existing warranty claims for as long as the Customer has not paid Warwick the flat-rate disposal fee agreed based of these Terms and Conditions. Further statutory claims of Warwick and the Customer remain unaffected by this provision.
(8) In the event of a failing supplementary performance, the customer is entitled either to withdraw from the contract or to demand for a reduction of the purchase price. If the customer chooses to withdraw from the contract, it is not entitled to further damage claims concerning the products defect.
(9) If a complaint by the customer proves to be unjustified, the customer is obliged to reimburse the proven expenses incurred in the context of the alleged defect removal.
(10) The statutory warranty period is 24 months unless Warwick, under special circumstances, issues a separate written guarantee for specific parts. In this case, the separate warranty conditions apply additionally. The warranty period commences with the passing of the risk to the customer. The warranty period for used goods is , diverging of the usual warranty period, 12 months, provided Warwick is imposed with unlimited liability. This especially applies in the case of an unlimited liability due to the injury of life, body and health. If the customer is an entrepreneur the warranty period shall be one year for new items and six months for used items, commencing with the transfer of the risk, provided Warwick is imposed with unlimited liability, particularly due to the injury of life, body and health.
O therwise, the warranty is determined by the statutory provisions.
(11) Please note that we cannot take responsibility for any damage caused by the natural movement of exotic woods, including root woods. Each piece of exotic wood, including root wood, is unique and can change over time. We recommend that you keep this in mind when using and caring for exotic wood products.
§ 7 General limitation of liability b eyond warranty
(1) Warwick’s liability for damages is limited in accordance with this provision, except for any claims concerning damages due to the breach of obligation on account of subsequent performance, for whatever legal reason, particularly impossibility, delay, breach of obligations in contract and tort, provided it involves faulty-based liability.
(2) Warwick is not liable
a) in case of ordinary negligence on the part of its company’s organs, legal representatives, employees, or other vicarious agents;
b) in the event of gross negligence on the part of its non-executive employees or other vicarious agents; as far as it is not a violation of essential contractual obligations.
(3) In the event that Warwick is liable pursuant to § 6 GTC, this liability is limited to damages that Warwick, at the time of the conclusion of the contract, has anticipated as a possible result of a breach of contract or which Warwick, in consideration of the circumstances, was aware of or which Warwick was ought to be aware of, or which Warwick had to foresee due to diligence. Furthermore , indirect damages or consequential damages which can be attributed to the defect of the delivery item are solely compensable, if such damages can typically be expected by the intended use of the delivered item.
(4) In the event of liability due to ordinary negligence, Warwick’s obligation to compensate for damages to property and personal injury is limited to EUR 3 million per claim (corresponding with the current coverage of its product liability or liability insurance), even if the damage claim is due to a breach of contractual obligations.
(5) The provisions of the Product Liability Act remain unaffected.
§ 8 Retention of title
(1) The retention of title su bsequently agreed upon shall serve as security for all of Warwick’s present and future claims towards its customers arising from existing supply relationships between the contracting parties, including claims arising from a current account relationships limited to this supply relationship.
(2) Goods delivered by Warwick to the customer shall remain the property of Warwick until the full payment of all secured claims. The goods, as well as the goods which take their place pursuant to this clause, being subject to the retention of title, will hereinafter be referred to as reserved goods.
(3) The customer stores the reserved goods free of charge for Warwick. It is obliged to treat the delivery item with care. As far as it is customary, the customer has to insure the delivered item for damages caused by fire, water, windstorm or theft, etc . at its own expenses accordingly with the acquisition value. Where maintenance and inspection is required, the customer is obliged to carry them out in timely manner and at its own expense.
(4) The customer is entitled to process and sell the goods subjected to the retention of title in the ordinary course of business up to the point of instigation of recovery. The customer is entitled to sell the purchased item in normal business. The customer assigns all claims in the amount (including value added taxes) of our claims arising from the resale against its customers or third parties to Warwick, irrespective of whether the goods are being resold without or after processing. The customer remains authorized to collect this claim even after its cession. Our authority to disclose the cession and to collect the claim ourselves remains unaffected. Warwick , however, hereby undertakes to not disclose and to not to collect the claim as long as the customer meets its payment obligations out of the proceeds received, does not default on payment and, particularly, does not commence insolvency proceedings or cessation of payments. If nece ssary, we are entitled to demand that the purchaser notifies us of the assigned claims and their debtors without any delay, providing us all information necessary for the collection of the claim and further handing us the documents associated with the case over as well as notifying the debtors (third party debtors) of the cession.
(5) If the reserved goods are processed by the customer, it is agreed upon that the processing takes place in the name and for the account of Warwick as the manufacturer. Furthermore, the seller directly acquires ownership or, - in case the processing requires materials of multiple owners or the value of the processed final product is higher than the value of the reserved goods- co-ownership (fractional ownership) of the processed final product proportionate of the value of the final product in relation to the reserved goods. In the event of no such acquisition of ownership, the purchaser transfers its future ownership or- in case of co-ownership as previously stated- co-ownership of the final product to the seller, serving as security. If the reserved goods are conjoined with other items creating an uniform or inseparably combined final product and one of the items can be referred to as the main item, Warwick transfers, in the event that the main item does not belong to Warwick, its co-ownership of the unitary item proportionate to the in sentence 1 specified relations.
(6) Pledges and chattel mortgages are inadmissible. In the event of seizure or any other interference with the delivery item, the purchaser is obliged to promptly notify us in written form, at the latest within three business days, in order to enable Warwick to take action in accordance with § 771 ZPO. In case the third party is unable to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the purchaser shall be liable for the damage. P rovided the third party is inc apable of reimbursing Warwick for any judicial or extrajudicial costs associated therewith, the customer shall be liable.
(7) Warwick shall release the reserved goods as well as the items or claims which replace them on demand at its discretion, provided that their value exceeds the amount of the secured claims by more than 50%. The choice concerning the securities that shall be released is born by Warwick.
(8) In the event of the withdrawal of the contract by Warwick due to a breach of the contract by the purchaser- particularly in case of default of payment – it is entitled to demand the surrender of the reserved goods.
§ 9 Place of Performance, Jurisdiction, Applicable Law
(1) The explicit choice of law agreed upon between Warwick and its customers (consumer or entrepreneur) is German Law. The law governing the contract therefor is German Law with the exclusion of the UN-Convention on the international sale of goods (hereinafter: CISG). In relation to contracts concluded between Warwick and consumers residing in member states of the council regulation (EG) Nr. 593/2008 of the European Parliament and the Council on the law applicable to contractual obligations (hereinafter: Rome I) we would like to point to the consumer’s protection options according to Art. 6 para. 2 Rome I in order to ensure compliance with the requirement of transparency. Thereafter the consumer is further protected by the provisions applicable without the above-mentioned law clause. In any other contractual relations with consumers the above-mentioned law clause solely is applicable if provisions of the consumers residing state do not interfere with this clause.
(2) The exclusive jurisdiction for all disputes (including cheques and promissory claims) is the for Markneukirchen competent court according to the statutory provisions. The above elucidated reciprocal execution of the contract is thereby suitable to ensure the necessary meeting of the minds, and further proves that the above-mentioned text is authorized by the contracting parties. In the event, that the contracting party is an entrepreneur according to these GTC, to ensure a meeting of the minds the acceptance of an offer with a written clause stipulating jurisdiction in a manner according to custom suffices.
(3) Place of performance is Markneukirchen
§ 10 Privacy - Data Protection
We would like to point out that we store and process customer data- if necessary for our business and permissible within the scope of the Federal Data Protection Act and the General Data Protection Regulation (GDPR) – in computerized form. Moreover we would like to point to our private policy, accessible on our homepage at: General Data Protection Regulation & privacy.
§ 11 Severability clause
Should individual provisions of a contract with a customer, including these GTC, be or become partially invalid, or invalid in total, the validity of the remaining provisions is not affected. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the provision rendered ineffective.
Warwick GmbH & Co. Music Equipment KG
Commercial Registry: Local court Chemnitz, HRA 2060
represent by personally liable Partner,
Warwick Verwaltungs GmbH
Commercial Registry: Local court Chemnitz, HRB 11029
then again represent by Managing Partner, Mr. Nicolas Wilfer
VAT No.: DE161934310
Address & contact
Warwick GmbH & Co. Music Equipment KG
Phone: +49 (0) 37422 555 0