General terms and conditions
Montag & Walter Custom Guitars GbR
§ 1 General
- These general terms and conditions apply to contracts of consumers or entrepreneurs (hereinafter referred to as customer) with Montag & Walter Custom Guitars GbR (hereinafter referred to as M&W Guitars).
A consumer is any natural person who is entered into a business relationship with and is acting for purposes which can neither be attributed to their commercial or independent professional activity.
Entrepreneur is any natural or legal person or legal partnership who is entered into a business relationship with and acting in the exercise of a commercial or independent professional activity.
- Our sales conditions apply exclusively. Conditions of the customer deviating from our sales conditions of the customer are not valid. Agreements made between the parties in individual cases (including subsidiary agreements, supplements and amendments) shall always take precedence over these terms.
- At the latest with the receipt of the deposit of an order contract, or the commissioning of a visualization these terms and conditions shall be deemed accepted.
- All prices quoted on the website www.mwguitars.de and its subpages are non-binding.
- All computer-designed images are only example images. The actual product can differ in form, color and appearance.
- Wood is a natural product. Its inherent characteristics, variations and features are therefore always to be observed. In particular, the buyer has to take into account biological, physical and chemical properties when buying. The range of natural color, structure and other differences within a species is one of the characteristics of the natural product wood and represents no base for complaints or liability. If necessary, the buyer has to obtain professional advice.
§ 2 Terms of payment
- The prices announced in the offers are final prices and include all price components, including any applicable taxes. The prices are without packaging, freight, postage and insurance.
- Payment is to be made either by cash or bank transfer in advance.
- For all productions or goods which are clearly tailored to the personal needs of the customer a deposit is to be made basically which is set individually by M&W Guitars. Only upon the receipt of the payment the order is considered to be placed by the customer.
- After acceptance of the offer by the customer, the payment invoice is created and is due no later than 7 days after receipt of the invoice. Decisive here is the entrance to our bank account or in the case of a cash payment of the time of handover.
- M&W Guitars reserves the right to withdraw from the deal in case of a delayed in-payment of more than 14 days.
- The remittance of the deposit or handover in cash is also considered as an acceptance of the offer.
- The delivery of goods is only carried out after the complete payment of all invoices.
§ 3 Guitar configurator
- The guitar configurator represents a tool that will help potential customers to design their personal dream instrument and to create a request for the creation of a specific offer to M&W Guitars.
- By supplying the configurator M&W Guitars does not give a binding delivery promise for configured guitars or individual selectable items.
- The rights to stored images, either by using the existing button on the configurator or screenshots, remain with M&W Guitars. The user is permitted to publish images in social networks. It is not permitted to alter the images or remove the copyright.
- Pictures, wood grains and colors, in particular colors that are eligible under the "BODY COLOUR" option, are only example images. The appearance of the finished guitar might be different. In particular, M&W Guitars points out that not every color ("BODY COLOUR" ) can be equally implemented.
- M&W Guitars owns the copyright to the selectable guitar designs. They were designed and constructed by M&W Guitars. The user is not allowed to create a guitar with the configurator and to have them produced by another luthier. M&W Guitars reserves any claims for damages.
§ 4 Prices
- Quoted prices on this website are non-binding. They can be changed anytime by M&W Guitars.
- The binding price for the respective instrument is stated to the customer with the offer (Specsheet). In the case of a stock instrument, the price quoted on the website is valid.
- The price quoted on the configurator applies to the selected configuration. If other woods, parts or extras will be installed, the price may differ to the one quoted on the M&W configurator.
§ 5 Legal warranty for defects (Germany)
- If there is a defect for which we are responsible, we shall be entitled to rectify defects, deliver new goods or provide a replacement. In case of rectifying defects M&W Guitars is obliged to bear all expenditures for the purpose of rectifying the defect, in particular costs of transport, travel, work and material, as long as they will not increase because the goods are transported to another place than the place of delivery.
- If we are not prepared or are not able to remove the defect or to replace the good or if it is delayed beyond reasonable deadlines for reasons we are responsible, the customer is entitled to withdraw from the contract or to demand a reduction of the purchase price.
- Further claims of the purchaser which go beyond the product itself, in particular claims for damages including lost profits or other financial damages of the customer, are excluded.
- Age-related signs of wear and tear are not considered a defect and are not covered by a warranty.
§ 6 Further warranty (worldwide)
- M&W Guitars grants a warranty for a period of 10 years to all new instruments made by M&W Guitars, which include any material or manufacturing defects. The warranty begins on the date of purchase and must be proven by the original invoice.
- Excluded from the guarantee are:
- components that are subject to natural wear an tear, such as strings, frets, saddles, potentiometers or switches,
- damage caused by external influences and improper handling,
- damage due to high or low humidity or temperature and improper storage,
- damage caused by disregarding care instructions,
- external components such as pickups, electronics systems and tuners . These are subject to the warranty conditions of their manufacturers.
- To clarify whether its a warranty case or not M&W Guitars is to be contacted in advance.
- In case of warranty the warranty holder shall bear the cost and risk of the return shipment. The warrantee ensures to insure and pack the instrument for transport appropriately.
§ 7 Delivery time
- Delivery times stated by M&W Guitars are non-binding. M&W Guitars seeks for compliance with stated delivery times in the interest of the customer.
- M&W Guitars reserves the right not to perform as promised, if it turns out after the conclusion that materials or goods required for manufacturing of the guitar are not available. In such a case the customer will be notified immediately. Any counterperformances already made by the customer will be refunded immediately. Further customer claims against M&W Guitars are excluded.
§ 8 Reservation of ownership
- Until full payment of all claims against the customer is made, including all subsidiary claims, the delivered goods remain the property of M&W Guitars.
- If the customer acts in a way contrary to the contractual obligations M&W Guitars is entitled to take back the purchased item. The withdrawal and the seizure of the reservation item is a withdrawal from the contract.
- The customer is not entitled to sell the goods to a third party until full payment of the purchase price is made, or to take actions that threaten the property of M&W Guitars. The customer hereby assigns his future claims against the transferee to M&W Guitars in the amount of the between M&W Guitars and the customer agreed purchase price plus interest and other receivables. M&W Guitars accepts this assignment.
- If third parties seizure or take other interventions concerning the contractual item, the purchaser must notify us immediately in writing.
§ 9 Copyright
- M&W Guitars has the copyright to the on the website www.mwguitars.de presented designs. They were designed and constructed by M&W Guitars. It is not allowed to have finished a guitar design of M&W Guitars by another luthier. M&W Guitars reserves any claims for damages.
- The copyright to all guitar designs made by M&W Guitars to the customers requirements remains solely with M&W Guitars.
§ 10 Withdrawal
- If the customer withdraws form his order, he is obliged in the case that procured materials cannot be used elsewhere or only at considerable qualitative deterioration, to reimburse the costs for those materials of his order.
- For produced visualizations an allowance in the amount of a maximum of € 200.00 shall be made by the customer to M&W Guitars. The amount depends on the number of visualizations and is set individually by M&W Guitars.
§ 11 Return
- Goods which were manufactured to customer specifications and are or are clearly tailored to personal needs are excluded from the return.
- The return of goods that have been modified in their style or equipment by the customer or by third parties without the consent of M&W Guitars is also excluded.
§ 12 Liability
- We exclude our liability for slightly negligent breach of duty unless they relate to contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies for any of our agents.
- The liability is also excluded in case of improper use or handling of the product. Improper use shall also include any modification of the article in its nature and characteristics. The liability is excluded when changes of any kind in our products have been made by the customer or any third party without our order.
- The Customer agrees to do everything in his care to avoid any damage to himself or to third parties through the use of the product he ordered and avoid unnecessary risk.
- Further claims of the purchaser which go beyond the product itself, in particular claims for damages including lost profits or other financial damages of the customer are excluded.
§ 13 Applicable Law, Place of Jurisdiction, Place of Delivery
- The law of the Federal Republic of Germany, excluding the CISG, is applicable as far as this choice does not cause the revoke of mandatory consumer protection standards
- Place of jurisdiction and place of delivery is the registered seat of M&W Guitars.
§ 14 Privacy
For the purpose of the execution of orders, inquiries and quotations that are done by M&W Guitars, M&W Guitars is entitled to store the data electronically and to process them further.
§ 15 Severability Clause
- If any provision of the GTC is invalid or ineffective, so takes the place of the invalid provisions become a more economically costly closest , legally valid provision. The invalidity or unenforceability of any provision affect the validity of the remaining provisions. Changes and additions must be in writing .
- Should one or more provisions in these GTC be invalid or ineffective or should this be the case in the future, they shall be replaced by valid ones that correspond most closely with the economic purpose of the provision. The invalidity or ineffectiveness of any provision shall not affect the validity of the remaining provisions. Any modifications and amendments to these GTC must be in writing
- In addition to these GTC, the provisions of German law apply.