General Terms and Conditions

Valid from 24.09.2024

 § 1  Scope

 1.1  The following general terms and conditions apply to all business relationships of session GmbH & Co. KG, especially for orders via our webshop at www.session.de as well as www.custom-reserve.com. The contractual partner is session GmbH & Co. KG, Wiesenstraße 2-6, 69190 Wiesloch.

1.2   Our general terms and conditions also apply if we execute the delivery to the customer unconditionally while being aware of conflicting or deviating conditions.

§ 2   Conclusion of Contract on session.de und custom-reserve.com

2.1   The presentation of products in the webshop does not constitute an offer to conclude a purchase contract but is an invitation to the customer to submit an offer. The customer's order by clicking the "BUY" button constitutes a binding offer. We will promptly confirm receipt of the order by email (so-called order confirmation). The order confirmation does not yet constitute acceptance of the offer. The contract is concluded at the latest after 2 days through a corresponding confirmation by fax or email (so-called order confirmation) or by sending the ordered goods to the customer. If the customer has chosen the payment method credit card or Maestro card, the contract is concluded deviating from the previous sentence with the charge of the account if this time is earlier. During the order process, you will be prompted to actively agree to our terms and conditions.

2.2   Deviating from § 2.1, the presentation of products in the webshop constitutes a binding offer if the customer chooses the payment methods PayPal or Klarna Sofort (instant transfer). The contract is concluded with the customer's confirmation of the payment instruction to PayPal or Sofortüberweisung.

2.3   We store the contract text and send the customer the order data and our terms and conditions by email. The contract text is no longer accessible via the internet for security reasons. The language available for the conclusion of the contract is German.

§ 3   Self-supply Reservation

If the product ordered by the customer is not available from us because our reliable supplier does not deliver to us through no fault of our own despite placing a matching order before the conclusion of the purchase contract, we will inform the customer of this in the order confirmation without delay, will be released from our performance obligation, and may withdraw from the contract. If the customer has already made payments, we will refund them promptly.

§ 4   Prices and Payment Terms

4.1   The price information is final prices including the statutory value-added tax. Any additional costs (e.g., shipping costs) will be indicated separately for the respective products. For deliveries to countries outside the EU, additional duties and fees may apply, which the customer must bear.

4.2   Payment can be made in advance, via PayPal, credit card (VISA/MasterCard), Amazon Pay, purchase on account, EasyCredit installment purchase, and Klarna Sofortüberweisung. The last payment method will be stored as a pre-filled value in the account but can be changed with each order. There is no entitlement to the use of a specific payment method. We reserve the right, in individual cases, to exclude certain payment methods to secure the credit risk and to execute requested deliveries only against instant transfer. If, in addition to the mentioned payment methods, the possibility of installment purchase through one of our cooperation partners exists, this will be indicated separately in the order form. The conditions of the cooperation partner will then apply additionally. These will be pointed out in the ordering process.

4.3   When paying by credit card or Maestro card in the MasterCard SecureCode online shop, the customer gives us the revocable right to collect due payment claims from the respective customer's account with the sending of their order. The account will be charged at the time of the order.

4.4   A prerequisite for payment by Maestro card in the MasterCard SecureCode procedure is that the customer's Maestro card contains the individual 16–19-digit PAN (Primary Account Number). During the payment process, an independent, encrypted connection to the customer's card-issuing institution opens. By entering the PAN, the customer is identified as the rightful cardholder.

4.5   When paying by PayPal, the customer authorizes us to collect the invoice amount via the payment service provider PayPal (Europe) S.à.r.l. & Cie, S.C.A. from the bank account stored by the customer as a payment source at PayPal, possibly also by means of a direct debit.

4.6   A prerequisite for payment by "Klarna Sofort" (instant transfer) is an activated online banking account with a PIN/TAN procedure. The transfer of the invoice amount takes place via the secured, for us not accessible, payment form of Sofort GmbH immediately and directly to our account during the order process.

4.7   When paying by purchase on account, our claim is assigned to Unzer E-Com GmbH, Vangerowstraße 18, 69115 Heidelberg. In this case, you can only make payment to Unzer E-Com with discharging effect. For payment processing via Unzer purchase on account, the terms and conditions and the privacy policy of Unzer apply – in addition to our terms and conditions.

§ 5   Shipping

5.1   Delivery in Germany is usually carried out by UPS or DHL, for bulky or particularly heavy goods by a forwarding agent. Deliveries within Germany are free of shipping costs for orders over €29.00. Orders under €29.00 will be charged with €3.90 shipping costs.

5.2   If the customer is an entrepreneur, the shipment is at his risk. Otherwise, the statutory provisions apply.

§ 6   Cancellation

If the customer is a consumer, he can cancel his contract declaration according to the following instruction:

Cancellation Policy

Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the last goods.
To exercise your right of cancellation, you must inform us (session GmbH & Co. KG, Returns Department, Wiesenstraße 3, 69190 Walldorf, Email: [email protected], +49 6227 603 0) of your decision to cancel this contract by means of a clear statement (e.g., a letter sent by post, fax or email). You can also electronically complete and submit the model cancellation form or another clear statement on our website (http://www.session.de/retourenformular/). If you use this option, we will promptly (e.g., by email) send you confirmation of receipt of such a cancellation.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of Cancellation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a different type of delivery than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse the repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to session GmbH & Co. KG, Returns Department, Wiesenstraße 3, 69190 Walldorf without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
We will bear the cost of returning the goods for orders shipped within Germany. 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. Returns from abroad are at the cost and risk of the consumer. Please ensure adequate and secure packaging.

Special Notes

If you finance this contract through a loan and later cancel it, you are also no longer bound to the loan agreement, provided both contracts form an economic unit. This is particularly the case if we are your lender or if your lender uses our cooperation for the financing. If the loan has already been received by us when the cancellation becomes effective or the goods are returned, your lender assumes our rights and obligations under the financed contract with respect to the legal consequences of the cancellation or return. The latter does not apply if the present contract concerns the acquisition of financial instruments (e.g., securities, foreign exchange, or derivatives).

If you wish to avoid contractual obligations as far as possible, make use of your right of cancellation and also cancel the loan agreement if you have a right of cancellation for it.

The right of cancellation does not apply to distance contracts

• for the delivery of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene (for example, reeds, in-ear headphones, harmonicas, etc.) if their seal has been removed after delivery,
• for the delivery of goods,
• for the delivery of goods that have been inseparably mixed with other goods after delivery due to their nature,
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
  
  

The right of cancellation expires prematurely for contracts

• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene (for example, reeds, in-ear headphones, harmonicas, etc.) if their seal has been removed after delivery,
• for the delivery of consumable items (drumsticks, strings (if unpacked), skins, etc.),
• for the delivery of goods that have been inseparably mixed with other goods after delivery due to their nature, and
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Model Cancellation Form

(If you want to cancel the contract, please fill out this form and send it back.)

• session GmbH & Co. KG, Returns Department, Wiesenstraße 3, 69190 Walldorf, Email: [email protected]
• I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if communicated on paper)
• Date

(*) Delete as appropriate

§ 7   33-Day Money-Back Guarantee

7.1   Without prejudice to the statutory right of cancellation (§ 6), we grant the customer, who is a consumer, a 33-day money-back guarantee. The provisions of the statutory right of cancellation apply, unless otherwise specified below.

7.2   The paid purchase price will be refunded, but not any shipping or other additional costs that may have been incurred.

7.3   Deviating from sentences 1 and 2, the statutory periods apply to claims for damages due to a defect for which we are responsible for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents or for other damages based on an intentional or grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents.

7.4   The 33-day period according to § 7.1 begins with the receipt of the goods. To claim the guarantee under § 7.1, the presentation of the original purchase receipt is necessary. The return can be made by shipping or by returning it to a store. Before sending the goods, the customer must contact us by phone or email and use any return slips issued. Returns from abroad are at the cost and risk of the consumer.

7.5   The 33-day money-back guarantee can only be claimed once and exclusively for one item at a time.

7.6   Sheet music books and sheet music purchased in our stores are excluded from the money-back guarantee.

§ 8   Warranty

8.1   The statutory warranty law applies unless otherwise agreed below.

8.2   If delivered goods show obvious transport damage, the customer, who is a consumer, is requested to report such errors to us as soon as possible. The failure to make such a complaint has no consequences for the statutory claims of the customer, who is a consumer, and their enforcement, especially their warranty rights. The complaint helps us to assert our own claims against the carrier or transport insurance.

8.2   After receiving the goods, the customer, who is an entrepreneur, is obliged to inspect the goods for defects.

8.3   If the customer is an entrepreneur, the warranty period for the delivery of new goods is one year. For the delivery of used goods marked as such on the product pages, the warranty is excluded for entrepreneurs, and it is 12 months for consumers. These periods do not apply if the goods are usually used for a building and have caused its defectiveness. Deviating from sentences 1 and 2, the statutory periods apply to claims for damages due to a defect for which we are responsible for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or vicarious agents or for other damages based on an intentional or grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by one of our legal representatives or vicarious agents.

8.4   In the representation of articles on the website, example articles are photographed, and we strive to capture items as individually as possible. However, there is no entitlement to specific variations or serial numbers, provided these can be seen in the photographs.

8.5   As far as we exchange a product within the framework of warranty or guarantee, it is already agreed that the ownership of the exchanged product mutually transfers from the customer to us and vice versa at the time we receive the returned product from the customer or the customer receives the exchange delivery from us.

§ 9   Liability

9.1   Customer's claims for damages are excluded unless they are based on intent or gross negligence by us, our legal representatives, or vicarious agents, a material contractual obligation, an obligation under the Product Liability Act, or injury to life, body, or health caused by us, our legal representatives, or vicarious agents.

9.2   In the event of a breach of material contractual obligations based on slight negligence by us, our legal representatives, or vicarious agents, liability for damages is limited to the foreseeable, typically occurring damage.

§ 10   Retention of Title

10.1   In contracts with consumers, we retain ownership of the delivered goods until full payment of the purchase price.

10.2   In contracts with entrepreneurs, we retain ownership of the delivered goods until full payment of all claims arising from the ongoing business relationship, including all ancillary claims.

10.3   In the event of seizure or other interventions by third parties, the customer must refer to our ownership and inform us immediately in writing.

10.4   Any processing or transformation of the reserved goods by the customer is always carried out for us. If the reserved goods are processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. If the reserved goods are mixed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the reserved goods to the other mixed items at the time of mixing. If the customer's item is considered the main item, the customer must transfer co-ownership to us proportionately.

10.5   We undertake to release the securities due to us at the customer's request to the extent that the value of the securities exceeds the claims to be secured by more than 10%.

§ 11   Customer Reviews

11.1   If the customer writes a customer review on a way opened for this purpose on our website, he grants us a temporally and spatially unrestricted, royalty-free, and non-exclusive license to use, copy, publish, translate, make available to third parties, distribute, make publicly accessible, and reproduce the customer review online and offline. Customer reviews exclusively reflect the opinion of customers. The content does not necessarily agree with our view.

11.2   We reserve the right to review the reviews for form and content before publication. Publication is not guaranteed.

§ 12   Applicable Law, Jurisdiction

German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods if the customer is an entrepreneur. The exclusive place of jurisdiction for disputes between the contracting parties is Walldorf, the registered office of session GmbH & Co. KG, if the customer is a merchant, a legal entity under public law, or a special fund under public law or if the customer has no general jurisdiction in Germany.

§ 13   Alternative Dispute Resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG

The platform of the EU Commission for online dispute resolution between consumers and entrepreneurs is available at http://ec.europa.eu/consumers/odr/. Our email address is: info(at)session.de

We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.