General Terms and Conditions (GTC)
§ 1 Scope of application
(1) The terms and conditions between Marcus Sukiennik, Langemaß 20, 51063 Cologne, Germany, hereinafter referred to as "Seller" and the Buyer, hereinafter referred to as "Buyer", apply to the purchase of audio and video recordings physically (e.g. CD) and non-physically (e.g. electronic purchase via download or audio file via email), as well as sheet music physically and non-physically (e.g. PDF file) and writings physically (e.g. books and non-physically (e.g. ebooks or PDF files). Audio-File via email), as well as sheet music physically and non-physically (e.g. PDF-file) as well as writings physically (e.g. books) and non-physically (e.g. ebooks or PDF-files) as well as cards for piano lessons (physical) as far as nothing else was agreed in writing.
The systems are a prerequisite for the non-physical purchase of sound and video recordings:
Computer with internet connection; bank account and if necessary Paypal account or credit card on request.
(2) The customer accepts the general terms and conditions.
§ 2 Conclusion of contract
(1) The offer is not binding. The customer's order is binding insofar as he has placed the order in the shopping cart and sent it. In the sense of § 145 BGB a binding offer has come about. The customer receives an order acceptance from the provider by email.
The customer is responsible for providing his data. Changes are to be communicated immediately.
§ 3 Prices and terms of payment
(1) The prices stated at the time of the order are decisive for the purchase of the goods. The price for the order must be paid immediately. The goods include VAT. For my piano lessons the service is VAT exempt according to § 4 No. 21 a) bb) UStG!
The customer is shown various payment options by my payment service provider Mollie, such as
-Instant bank transfer
(2) For physical music an amount of 3,- EUR shipping costs within Germany, 6,- € within Europe and 10,- € for worldwide delivery including the current legal value added tax is due. Free shipping from 25,- € within Germany, 40,- € within Europe and 60,- € for worldwide delivery.
(3)Terms and conditions of payment systems correspond to the respective information provided by the companies.
§ 4 Delivery and Rights Ownership Conditions
(1) The supplier shall only indicate external costs such as foreign postage, customs, delivery dates and deadlines in writing. Oral promises are not binding.
(2) Non-physical music is ordered by download. The order complies with the instructions for use of Line 21 on the Internet before the ordering process.
(3) Non-physical music via download is protected by copyright and may only be copied for personal use. The customer may only pass on the music within a close circle of acquaintances or relatives for private use and may not otherwise transfer it to third parties for use in any form. Lending, making available and copying for commercial purposes is prohibited.
Use on the Internet for commercial and private purposes is also prohibited.
Physical music is subject to the same conditions.
The acquired item may not be modified, processed or distributed.
Uses must be acquired externally from the provider or the respective rights holders.
(4) Graphics, photos, brand, name, text, film and other rights in connection with the music are the property of the provider and may not be used, unless it was expressly pointed out.
(5) Special contractual conditions apply to piano lessons:
a) The date of the lesson is to be agreed upon before the purchase of the tickets and in principle freely agreed upon.
b) The tickets entitle the buyer (or a person named by the buyer at the time of purchase, e.g. a child or a presentee of the buyer) to piano lessons with Marcus Sukiennik personally.
c) Class location: Langemaß 20, side entrance; 51063 Cologne or via video chat
d) The tickets are not transferable and may not be resold
e) The validity of the cards from the date of purchase is regulated as follows: Single hour 1 month. 4 card 4 months, 12 card 12 months. In case of a subsequent order, the validity period of the cards purchased first will be extended by half of the validity period. This means that unused cards can still be used up. Example 4 card runtime 4 months. If new cards are ordered, the term of the first card package is extended by 2 months to a total of 6 months.
f) If you do not show up at the scheduled lesson time, a ticket will be charged if the appointment is not canceled at least 24 hours in advance. So please cancel in time!
g) One card is charged virtually per given lesson unit. Physical cards will no longer be issued. For booking an appointment please use my online booking system https://deinpianoscout.de/klavierunterricht-mit-marcus-buchen/
Should a provision of this contract be invalid or become invalid due to case law or legal regulations, this shall not result in the invalidity of the entire contract. The invalid provision shall be replaced by a provision that comes closest to the intended purpose.
§ 5 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact me, Marcus Sukiennik, Langemaß 20, 51063 Cologne | Tel.: 0221-830 7600, Email: firstname.lastname@example.org, email@example.com or firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post or an e-mail) about your decision to revoke this contract.
You can use the sample withdrawal form available for download below, but this is not mandatory.
You can use the sample withdrawal form by e-mail or post or another clear declaration on my website https://sukiennik.de/ under the menu item Contact or electronically by email. If you make use of this option, I will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you withdraw from this contract, I must repay you all payments that I have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by me), without delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract is received by me. For this repayment, I 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 for this repayment. I can refuse the repayment until I have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to me immediately and in any case no later than fourteen days from the day on which you notify me of the cancellation of this contract.
The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the
direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.
§ 6 Liability for material defects and defects of title
(1) If an ordered item is defective, the statutory provisions shall apply. The customer may not assign the item. Further claims are excluded. Defective goods are to be returned within 30 days at the expense of the supplier.
The limitation period is 24 months from delivery.
§ 7 Retention of title
(1) The goods remain the property of the supplier until full payment.
(2) If the customer is more than 10 days in arrears with payment, the supplier can withdraw from the contract and demand the return of the goods.
§ 8 Data protection
Data will only be used within the framework of the current regulations prescribed by the legislator and, in particular, will not be made accessible to third parties.
Purposes of advertising by the provider require the consent of the customer. The customer has the option to give this consent in text form, i.e. in writing or by fax, before declaration and can revoke it at any time.
§ 9 Final provisions
(1) These GTC are exclusively subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CSIG), irrespective of the country from which the order is placed. If the customer is a consumer, however, mandatory provisions of the state in which the customer has its registered office or habitual residence remain unaffected.
(2) If the customer is an entrepreneur, a merchant or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship with the customer is the respective place of business of the supplier, unless the legislator has prescribed otherwise.
(3) Individual deviations and/or additions to the provisions of these GTC must be made in writing. The right of the provider to unilaterally amend these GTC remains unaffected.
(4) Should a provision of this contract be or become invalid, this shall not affect the validity of the rest of the contract. The invalid provision shall be replaced by a provision that comes as close as possible to what the parties intended from a commercial point of view. The same applies to the existence of loopholes.
Status as of 22.11.2023
Longitudinal dimension 20
represented by the managing director/owner Marcus Sukiennik
Phone 0178-247 1016