Terms and Conditions

General Terms and Conditions for Online Auctions of DaGamba GmbH

§1 Scope of application and provider

  1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all auctions of string instruments offered by DaGamba GmbH (hereinafter referred to as “Vendor”) via the website www.dagamba.de (hereinafter referred to as “Website”).
  2. DaGamba GmbH reserves the right to amend these GTC at any time with effect for the future. The user will be informed of the changes at the latest at the next auction.
  3. The GTC apply to all contracts concluded via the website. Deviating terms and conditions of the bidder shall not be recognized unless the provider has expressly agreed to their validity in writing.
  4. The contract is concluded with:

DaGamba GmbH
Podbielskistr. 6
30163 Hanover
Germany

Phone: +49 (0) 1738660505
E-mail: info@dagamba.de
Managing Director: Alexander Viltman
Hanover Local Court, HRB 200619

§2 Conclusion of contract

  1. The string instruments offered on the supplier’s website do not constitute a binding offer, but an invitation to submit bids.
  2. The contract is concluded when the provider accepts the highest bid of the bidder within the bidding period. The bidding period is specified on the website.
  3. The vendor reserves the right to reject or cancel bids without giving reasons.
  4. The vendor reserves the right to withdraw or change the offer at any time. Due to the auction situation, a statutory right of withdrawal is excluded.

§3 Prices and terms of payment

  1. The purchase price of the stringed instrument shall be determined by the highest bid of the bidder at the time of conclusion of the contract.
  2. The purchase price and any shipping costs are due within 7 days of receipt of the invoice.
  3. Payment can be made by bank transfer or credit card*.
  4. If the bidder is in default of payment, the provider is entitled to demand default interest of 5% above the respective base interest rate.

* Payment by credit card (VISA or Mastercard) is accepted up to a maximum value of 500 euros

§4 Retention of title

  1.  The string instrument remains the property of the supplier until full payment has been made.
  2. The string instrument may not be pledged or transferred by way of security without the consent of the supplier.

§5 Delivery and shipping costs

  1. Shipping shall be at the bidder’s expense.
  2. The provider is not liable for delays or damages that occur during shipment.
  3. The provider reserves the right to determine the shipping method and the shipping service provider at its own discretion.

§6 Liability

  1. The supplier shall not assume any warranty for defects that are attributable to improper use or improper storage.
  2. The liability of the provider for damages caused by simple negligence is excluded, provided that no essential contractual obligations have been violated.
  3. The liability of the provider for damages caused by intent or gross negligence remains unaffected.
  4. The bidder is obliged to check the string instrument for defects immediately upon receipt and to notify the vendor of any defects in writing without delay.

§7 Warranty

The seller acts only as an intermediary and assumes no liability for the items sold. This means that the seller is not liable for defects or damage to the items and does not assume any warranties. If you as the bidder of an item discover defects, you must assert your claims against the seller.

Information in the catalog is not a guarantee of characteristics or an agreement on quality, but serves exclusively to describe the item. Any warranty claims of the bidder for used items shall become time-barred one year after the end of the year in which the bid was accepted. If the bidder is a merchant, his warranty claims shall become statute-barred six months after the date of acceptance of the bid. The same applies if the bidder acts as an entrepreneur.

Otherwise, the provider is only liable for its own gross negligence and for gross negligence on the part of its legal representatives and vicarious agents. Furthermore, liability is limited to the amount of the respective bid.

Insofar as claims against the vendor are based on the information or conduct of the consignor, the vendor may demand that the bidder waive his liabilities concurrently with the assignment of his warranty claims against the consignor.

§8 Auction fees

The seller charges an auction fee of 6 percent of the bidder’s hammer price. The fee includes the statutory value added tax.

The auction fee is due immediately after the knockdown and must be paid by the bidder within 7 days. Payment can be made by bank transfer or by using other payment methods accepted by the vendor. If the bidder is in default of payment, the vendor is entitled to charge interest on arrears at a rate of 5 percentage points above the prime rate. The bidder agrees that the vendor has the right to assign the claim to a debt collection agency or to take legal action in the event of default of payment by the bidder. If the bidder has purchased several items at the auction, the auction fees will be charged separately for each item.

§9 Data protection

  1. The provider collects, processes and uses the bidder’s personal data only insofar as this is necessary for the execution of the auction. The data will only be passed on to third parties if this is necessary for the execution of the contract (e.g. to shipping service providers).
  2. The bidder has the right to request information about the personal data stored about him as well as its correction, deletion or blocking at any time.

§10 Severability clause

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on an effective provision that comes closest to the economic purpose of the invalid provision.

§11 Place of jurisdiction and applicable law

  1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction is Hanover if the bidder is a merchant, a legal entity under public law or a special fund under public law.

§12 Changes to the GTC

  1. The provider reserves the right to amend these GTC at any time with effect for the future. The user will be notified of the changes at the latest at the next auction.
  2. The amended GTC shall apply from the time of notification. The bidder has the right to object to the amended GTC within 14 days of notification. In the event of an objection, the old GTC shall continue to apply.

§13 Final provisions

  1. The version of these GTC valid at the time of conclusion of the contract shall apply.
  2. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
  3. The provider reserves the right to change or amend the website or parts thereof at any time.
  4. The bidder may only assign his rights under the contract with the written consent of the bidder.
  5. The provider is entitled to transfer the rights and obligations to which it is entitled under the contract to third parties.
  6. The bidder is not entitled to assign or pledge his claims under the contract to third parties.
  7. Should individual provisions of the contract or these GTC be or become invalid, this shall not affect the validity of the remaining provisions.