Condizioni generali di contratto
1.1 Siccas Guitars GmbH, Roonstr. 31st, 76137 Karlsruhe, Germany (hereinafter “OhGuitar”), is the operator of the OhGuitar online marketplace for musical instrument accessories and musical instruments, in particular for guitars (hereinafter “Platform”).
1.2 The General Platform Terms and Conditions can be accessed and printed out for the duration of the contract in the currently valid version at https://www.ohguitar.com/de/terms-conditions.
2.1 Sending the online registration is a legally binding offer to OhGuitar to conclude a contract. The user will be informed by email about the receipt of his registration request. However, this does not constitute a contract of use. The user account must be activated by clicking on the activation link. Only after successful activation will the user account be activated by OhGuitar. Only after the user account has been activated by OhGuitar does a user contract come into being.
2.2 You can only register as a private seller and publish offers if you are a consumer within the meaning of Art. 2 No. 1 of Directive 2011/33/EC. I.e. you are a natural person who publishes offers outside of your professional, commercial, business or craft activities. If you are an entrepreneur as defined by Art. 2 No. 1 of Directive 2011/33/EC, you may not register as a private seller or offer articles for sale without first taking out a monthly or annual subscription with OhGuitar.
2.3 If you register as a seller (private seller or commercial seller), the following provider data must be provided:
– First name and surname,
– Address (street, postal code, town, country),
– e-mail address
3.1 OhGuitar offers registered and non-registered users the technical possibility to get in contact with sellers of musical instruments, in particular sellers of guitars and sellers of musical instrument accessories via the platform.
3.2 The advertisements and auctions of the suppliers that can be called up on the OhGuitar platform do not represent a legally binding offer to sell for the conclusion of a sales contract, but are merely a non-binding invitation to submit sales offers to the supplier.
3.3 Any contractual relationships are exclusively between the providers and the user. The fulfilment of contracts initiated via the OhGuitar platform is also exclusively between the providers and the users.
3.4 If a seller places an item in auction format on OhGuitar, he makes a binding offer to conclude a contract for this item. He determines the starting price and the period of time in which the offer can be accepted (duration of the offer). If the seller sets the minimum price in the auction format, the bid is subject to the condition precedent that the minimum price is reached.
3.5 The Seller may additionally make offers available in an auction format with a buy-it-now function. The buyer can use this until he makes a bid for the item or the minimum price is reached. OhGuitar reserves the right to change this function in the future. More information about the “Buy Now” option. The buyer accepts the offer by clicking on the “Buy Now” button and then confirms the purchase. For auction format offers, the buyer accepts the offer by placing a bid. Acceptance of the offer is subject to the condition precedent that the Buyer is the highest bidder at the end of the offer period. If another buyer makes a higher bid during the bidding period, the bid of the outbidder expires.
3.6 In the event of premature termination of an offer by the Seller, a contract will be concluded between the Seller and the highest bidder, unless the Seller was entitled to withdraw the offer and cancel existing bids. The seller can cancel a bid if the buyer asks to cancel his bid and the seller accepts this. If the seller suspects that the bid comes from a fraudulent bidder, an offer can also be cancelled. If there is any other justification, the seller can also cancel his offer prematurely.
3.7 As a buyer you can only withdraw bids if you can show good reason for doing so. This is the case, for example, if the seller has changed the item description to a significant extent or if you have entered an incorrect amount: For example, if you have entered 1000 Euros instead of 100 Euros. If the latter is the case, enter the correct amount after the bid has been withdrawn. If a bid has been justifiably withdrawn, no contract is concluded between the user, who is again the highest bidder at the end of the auction, and the seller.
3.8 When a buyer purchases a product, he is always obliged to pay in advance. Unless otherwise agreed between the Buyer and the Seller, the purchase price is immediately due and payable by the Buyer using the means of payment offered by the Seller. OhGuitar reserves the right to limit the payment methods available to the buyer in order to minimise possible risks.
3.9 The Seller must be in a position to hand over the offered goods to the Buyer immediately after conclusion of the contract (e.g. by sending them). Exceptions to this obligation are usually indicated at the time of ordering, or are clearly and visibly indicated in the item description.
3.10 If OhGuitar removes an article before the expiry of the offer period, no effective agreement between buyer and seller will be concluded.
4.1 You may only register on OhGuitar if you are a person with unlimited legal capacity. If you are a minor, you may not register.
4.2 In order to register on OhGuitar, a current email address and a password are required. The email address used for registration and both password serve as login data at the same time. Logging into your user account is only possible after the user has confirmed his account by clicking on the confirmation link in the registration email. An e-mail address can only be used for one user account. The email address used for registration is also used for communication with OhGuitar and is decisive for all correspondence between OhGuitar and the user relevant to the contract.
4.3 The chosen password must be kept secret and access to the user account must be carefully secured. OhGuitar is to be informed immediately if there are indications or indications that the user account has been misused by third parties.
4.4 The user account is highly personal. This means that the user does not have the right to transfer the user profile to a third party without the express consent of OhGuitar. Furthermore, the User is also not entitled to allow third parties to access the user account by using his login data without OhGuitar’s explicit consent.
4.5 In principle the user has the right to use his user account for all activities that take place using his user account. If the user is not responsible for the misuse of his user account because there is no violation of the existing duties of care, the user is not liable.
5. Use of the Platform prohibited articles and contents
5.1 OhGuitar provides registered users with functions that facilitate the use of the platform, especially the search for offers (e.g. notepad), as well as the administration of user accounts. Registered users can also improve their communication with providers.
5.2 OhGuitar can change the use of the platform or individual functions or the extent to which individual functions can be used at any time.
5.3 Registration on the platform is free of charge.
5.4 The user is responsible for ensuring that his offers and content (especially pictures and other information) are lawful and do not violate the rights of third parties.
5.5 It is forbidden to offer OhGuitar articles or to advertise on OhGuitar articles that are not related to musical instruments, articles whose offer, sale or purchase violate laws, third party rights or morals. OhGuitar reserves the right not to publish the offered articles.
5.6 It is forbidden to manipulate the prices of own or third party offers and to buy own articles through several OhGuitar accounts or in cooperation with other users.
5.7 È vietato manipolare le funzioni di ricerca dei servizi OhGuitar, ad es. utilizzando in modo improprio nomi di marche o altri termini di ricerca nel nome o nella descrizione di un articolo.
5.8 Sellers must place their items in the appropriate category and describe them correctly and completely in words and pictures. All properties and features relevant to the purchase decision, as well as errors that reduce the value of the item offered, must be truthfully stated. In addition, complete information must be given about the payment and delivery conditions.
5.9 For technical reasons, it is possible that offers cannot be found immediately after posting via the category search or via search terms. OhGuitar reserves the right to extend the duration of the auction by up to 30 minutes if this is necessary for technical reasons. Such an extension does not apply to auctions that use a start time schedule. OhGuitar allows users to sort the search results according to various criteria. If the user does not make a selection, the order of the search results depends on various factors, e.g. bid format, item description, number of bid requests, number of sales, remaining time, price, shipping costs and seller standards.
5.10 The item description and the images used may only refer to the item offered. Advertising for items that are not offered by OhGuitar is not allowed. Sellers are not allowed to use quality or guarantee marks or other symbols of third parties when using OhGuitar services, unless OhGuitar allows the use of such symbols.
5.11 Sellers who offer goods or services to consumers in the exercise of their commercial or self-employed professional activity are obliged to inform consumers about the legally required consumer protection information and to instruct them about the existence or non-existence of the legal right of withdrawal.
5.12 The price of the respective articles is understood to be the final price including any value added tax and other price components that may be applicable. Delivery and shipping costs are not included in the sales price.
5.13 Users may use addresses, email addresses and other contact information that they have obtained through the use of OhGuitar Services exclusively for contractual and pre-contractual communication, in particular it is prohibited to resell this data or use it for sending advertising unless the respective user has explicitly agreed to the applicable legal regulations in advance or has not objected to them.
5.14 The Users are responsible for archiving the information accessible via the OhGuitar Services and stored by OhGuitar, which they need for evidentiary, accounting or other purposes, on a storage medium independent from OhGuitar.
5.15 Users may not block, overwrite or modify any content generated by OhGuitar or other users or otherwise interfere with the OhGuitar services, especially if this could lead to an excessive load on the OhGuitar infrastructure.
5.16 It is not permitted to include links to other websites or links to videos on YouTube or other video platforms in product descriptions.
6.1 The User must refrain from any activity that could impair and/or excessively burden the operation of the Platform and the technical infrastructure behind it. The activities to be refrained from include in particular
– the use of scripts, software or databases in connection with the use of the OhGuitar platform;
– the blocking, changing, modifying, automated reading, blocking, as well as copying of data and content, insofar as this is not necessary to use the OhGuitar platform properly;
– the public reproduction and/or distribution of any content of the OhGuitar platform without the consent of OhGuitar.
6.2 On OhGuitar, sales offers may only be searched for using the search masts provided on OhGuitar. Automated search software may not be used to bypass the search masks and to access OhGuitar.
6.3 The user may not use the data and content obtained through queries and use of the platform or made accessible on the platform, neither completely nor partially or in extracts, and neither
– to build up your own database in any media form and/or
– for a commercial use of data or provision of information and/or
– for other commercial exploitation.
6.4 The user may not use the OhGuitar platform to send messages with advertising content (especially spam messages) without the consent of the recipient.
6.5 In the event that both the use of the OhGuitar platform or the offered functionalities should be disrupted, the user shall inform OhGuitar immediately. The same applies if the user becomes aware of published sales offers as well as contents that violate applicable law or the rights of third parties.
6.6 The user is obliged to describe offered products completely and correctly. In order for offers to be published on the OhGuitar platform, these offers must contain at least the following:
– Information about the condition
– Specifications of the scope of delivery
6.7 If information in offers is incorrect, it must be corrected immediately.
6.8 The user undertakes not to refer to the following in the descriptive text or in the form of pictures in the offer:
– E-mail addresses and telephone numbers
– to deposit a URL to your own or another website, unless otherwise agreed
– To make a stolen goods and/or accessories report
– Create wanted ads for goods or accessories,
– to publish pictures that do not concern the object of sale (e.g. pictures of the shop or the sales rooms of the supplier)
– Financing offers of all kinds
7.1 OhGuitar can refuse the publication of individual contents or an offer for important reasons.
7.2 In case of suspicion of a violation of law OhGuitar is entitled to block or delete offers of the private seller without prior notice or to delete them completely or partially. OhGuitar will give the private seller the opportunity to comment.
7.3 The OhGuitar platform does not owe any specific form of presentation or placement of the offers, unless this is explicitly agreed upon between the user concerned and the OhGuitar platform. OhGuitar reserves the right to change the presentation of the offer contents in a uniform presentation. OhGuitar has the right environment of the presented offer to place advertising, even for competing offers.
7.4 OhGuitar points out that the publication of offers and content on the platform (e.g. for security reasons) may be delayed or temporarily restricted to a limited group of users.
7.5 OhGuitar does not check the contents and offers posted on the platform before publication. Users are solely responsible for the completeness, topicality, appropriateness, accuracy, reliability, timeliness, appropriateness of information and offers available on the OhGuitar platform.
7.6 OhGuitar shall endeavour to ensure the trouble-free operation of the OhGuitar platform. This is of course only limited to services over which OhGuitar has an influence. OhGuitar is free to restrict access to the platform in whole or in part due to maintenance work, capacity reasons and other events beyond OhGuitar’s control.
7.7 OhGuitar has the right to publish the uploaded contents/images of users (sellers) on social media platforms such as Instagram, Twitter, Facebook, Pinterest, YouTube and other social media platforms.
7.8 The user grants OhGuitar a content-unrestricted, irrevocable right of use in terms of time, space, simple and transferable to third parties regarding the uploaded content, such as pictures and texts. OhGuitar is entitled to exploit, use and edit the user’s content at any time. In particular, this includes the right of distribution, reproduction and public communication and especially the right to make content publicly available (see also 7.7).
8.1 The contract of use is concluded for an indefinite period and may be terminated at any time with immediate effect. Commercial providers may terminate the contract at any time within 14 days of the end of the month.
8.2 This shall not affect the right of the parties to terminate the contractual relationship by extraordinary termination for good cause. For OhGuitar there is an important reason that entitles OhGuitar to terminate this contract without notice, if the user persistently violates his obligations under clause 6 of this contract.
8.3 If there is an important reason that entitles OhGuitar to terminate this contract without notice, OhGuitar can also block a user account at its own discretion. OhGuitar can also block a user account if the login data has not been used by the user for at least one year.
8.4 Termination means that the user no longer has access to his user account.
8.5 A termination by OhGuitar is considered valid if a termination notice is sent to the email address provided by the user during registration. If the user wants to terminate the contract, this must be in text form (e.g. by email).
9.1 As a matter of principle, OhGuitar does not carry out any prior checking of the content and offers posted on the platform. OhGuitar can therefore not guarantee that the information and offers posted on the platform are correct, accurate, reliable, current, applicable and/or complete. There is also no right to claim that the contents and offers are free of defects in the posted form.
9.2 OhGuitar is not liable in the case of a slightly negligent breach of obligations that are not essential obligations, the fulfilment of which is essential for the proper execution of the contract and on the compliance of which the user may regularly rely.
9.3 Any liability for slightly negligent breaches of duty that affect the availability of the platform or its contents is excluded to the extent permitted by law.
9.4 The above limitations of liability shall also apply mutatis mutandis to damage caused by authorised vicarious agents, in particular partners. OhGuitar is not liable for actions of users or other third parties, who are also not active as vicarious agents for OhGuitar. Liability for indirect and consequential damages is – as far as legally permissible – excluded. 9.5 OhGuitar’s liability for intent, gross negligence, personal injury and according to legal regulations remains unaffected by the above mentioned limitations of liability.
10.1 The use of OhGuitar is free for private users. For commercial users (dealers or entrepreneurs in the sense of § 14 para. 1 BGB) a flat monthly usage fee of 29.00 € including 16% VAT is charged.
12.0 Right of Indemnity
12.1 The user indemnifies OhGuitar and its employees or agents from all claims of third parties, in case of claims due to alleged or actual legal violations and/or violation of third party rights, which are asserted in connection with the use of the platform or services of OhGuitar by the user.
12.2 The user is obliged to reimburse OhGuitar for all possible costs that OhGuitar incurs due to the use of third parties. Reimbursable costs also include the costs of an appropriate legal prosecution and legal defence, which OhGuitar should incur in order to defend itself against third party claims. In this case OhGuitar will immediately inform the affected user about any legal defence measures to be taken.
13.0 Tax regulations
13.1 The user undertakes to comply with all tax regulations applicable in his country of origin or for the respective legal relationship between buyer and seller. OhGuitar, as a mere mediator between the parties to the contract of sale, is neither able nor obliged to check the compliance with the tax law requirements/regulations relevant for this legal relationship. This applies in particular to special regulations under turnover tax law, such as the differential taxation according to § 25a UstG.
14.0 CITES and Release of Claims
14.1 CITES is an international agreement on international trade in endangered species of wild fauna and flora. The CITES Convention regulates cross-border and non-transboundary trade in endangered timber, plants and wildlife and is intended to restrict and regulate such trade. Endangered species listed in CITES include rosewood species (Dalbergia spp.), including but not limited to Brazilian rosewood (Dalbergia nigra), African rosewood (Pterocarpus erinaceus) and Honduran rosewood (Dalbergia cubilquitzensis). For many decades, Dalbergia species have been used for the production of various musical instruments and accessories, or for making musical instrument parts such as fingerboards and bridges. Even if only small quantities of protected wood have been used, these musical instruments may be subject to CITES. If you offer, sell or ship a musical instrument on OhGuitar nationally or internationally, you acknowledge that OhGuitar has informed you of the possible prohibitions related to the CITES Convention. By using OhGuitar you agree that you accept and assume all risks. These risks include the destruction of your property or confiscation, as well as injury or damage resulting from your failure to comply with CITES. Furthermore, you agree that you have read all of the above provisions carefully and thoroughly and that you will not make any claims against OhGuitar in connection with financial loss, injury, damage, destruction or confiscation of your property due to violation of CITES and that you will not make any claims against OhGuitar, its employees, management, shareholders, investors. You acknowledge that this is a full indemnification of OhGuitar against any and all claims related to CITES.
15.0 Final Provisions
15.1 In the event that one or more provisions of the contractual provisions are or become invalid, this shall not affect the validity of the remaining provisions.
15.2 The law of the Federal Republic of Germany shall apply.
15.3 In the event of changes to these terms and conditions OhGuitar will inform the user in text form without having to send or otherwise communicate the changed terms and conditions in detail or the new version of the terms and conditions as a whole; it is sufficient to inform the user about the fact of the change as such as well as a link to the changed general platform conditions. If the user does not object within 14 days after OhGuitar’s notification of the changes, this shall be considered as acceptance of the change; OhGuitar will point this out in the notification of change.
15.4 OhGuitar is entitled to transfer this user agreement including all additional agreements with all rights and obligations to a company of its choice. The user has a special right of termination if this contract is transferred to another company. This special right of termination must be asserted in writing within 14 days after notification by OhGuitar. OhGuitar will separately inform the user about the importance of his behaviour in the notification.
15.5 The place of jurisdiction for all disputes arising from and in connection with this contract, regardless of the legal basis, is – if and insofar as the user is a merchant – Karlsruhe.