Scope
The following conditions become part of the contracts between PIANOHAUS MARCUS HÜBNER (hereinafter referred to as PIANOHAUS HÜBNER) and the buyer. They apply in the version valid at the time of the order. Deviating conditions must be agreed upon in writing.
Withdrawal
PIANOHAUS HÜBNER may withdraw from the purchase contract if the buyer defaults on the payment of the total amount or two consecutive installments. If PIANOHAUS HÜBNER rightfully withdraws from the contract, it may deduct a flat-rate fee of 20% of the purchase price, plus transportation and other costs related to processing the purchase contract. For the use of the instrument by the buyer, PIANOHAUS HÜBNER may deduct 2% of the purchase price per month of use from the amount to be refunded.
Delivery
If delivery is agreed upon, the risk is transferred to the buyer as soon as the delivery leaves the premises of PIANOHAUS HÜBNER (whether self-delivery or via a shipping company).
Limitation Period
Claims for defects expire after two years for new instruments. For pianos and grand pianos, PIANOHAUS HÜBNER voluntarily offers a five-year limitation period starting from the transfer of risk. The five-year limitation period does not apply to wear parts (e.g., strings). For used instruments, claims for defects expire after one year from the transfer of risk unless otherwise agreed in writing in the purchase contract.
Statute of Limitations
Defect claims for new instruments expire after two years. For pianos and grand pianos, PIANOHAUS HÜBNER voluntarily offers a limitation period of five years from the transfer of risk. The five-year limitation period does not apply to wear-and-tear parts (e.g., strings, etc.) of the instruments. For used instruments, defect claims expire after one year from the transfer of risk unless otherwise agreed in writing in the purchase contract.
Liability for Material Defects
If a defect in the purchased item attributable to PIANOHAUS HÜBNER is present, PIANOHAUS HÜBNER is entitled, at its discretion, to rectify the defect or provide a replacement. If PIANOHAUS HÜBNER delays defect rectification or replacement, the buyer may withdraw from the contract or request a price reduction. Liability for consequential damages and damages not directly associated with the purchased item (e.g., lost profits or other financial losses) is excluded unless the cause of the damage is due to intent, gross negligence, or fraudulent concealment of the defect. PIANOHAUS HÜBNER is not liable for defects resulting from the buyer’s failure to comply with the piano care instructions provided with the purchase agreement.
Due Date of Payment/Default
The purchase price is due immediately unless otherwise agreed in the purchase contract. If installment payments are agreed upon, the first installment is due immediately, with subsequent installments due on the 15th of each following month. If the buyer defaults on two consecutive installments, the total remaining amount becomes due.
Retention of Ownership
Until the purchase price is paid in full, the delivered goods remain the property of PIANOHAUS HÜBNER. If multiple claims against the buyer exist simultaneously, all goods remain the property of PIANOHAUS HÜBNER until all claims are settled.
Applicable Law/Jurisdiction
German law applies. The exclusive jurisdiction for all claims arising from the business relationship is Trier. This applies particularly if the buyer is a merchant under the German Commercial Code (HGB).