General Terms and Conditions Spare Parts Online Shop
of Music & Sales Professional Equipment GmbH
Tritschlerstrasse 3, 66606 St. Wendel, Germany
§ 1 Scope
(1) The particular applicable version of these General Terms and Conditions at the time of concluding the agreement apply for all commercial relations arising between Music & Sales Professional Equipment GmbH (hereinafter referred to as “Music & Sales”) and its customers in the online shop of the “service.hkaudio.com” internet platform. If in the following, the customer is described as a consumer or as an entrepreneur, this is based on the statutory definition of sections 13 et seq. BGB [German Civil Code].
(2) Should other contractual agreements have already been made between Music & Sales and the customer, which relate to the purchase of goods through the online shop, in the event of a collision between provisions, then the other contractual agreements shall take precedence over these General Terms and Conditions.
(3) General terms and conditions of the customer which deviate from, contradict or supplement these GTCs shall not become part of the agreement, even if they are known, unless their application has been consented to expressly in writing.
§ 2 Order process and conclusion of agreement
(1) The range of products in the online store does not represent a legally binding offer; in fact, it requests visitors to the online shop to make an offer to purchase the products. The agreement therefore comes into existence through the following process.
a) The customer can place the products available in the online shop in a virtual shopping basket using the “Add to basket” button. The selection of products in the basket can be edited or deleted.
b) In order to conclude the order process, the customer proceeds to the next stage using the “Proceed to checkout” button. There the customer enters their billing and delivery address and selects a method of shipping and payment.
c) Using the “Continue” button, the customer comes to an overview of his information and the items to be ordered as well as their prices and shipping costs.
d) Using the “Order and pay now” button, the customer makes a binding offer to purchase the products represented in the overview. Within the scope of the order process, before sending the order, the customer can edit his information and the items in the basket at any time and return to the basket using the “Return to previous page” button.
e) After receipt of the order from the customer, Music & Sales sends an automatic order confirmation to the customer by email. The order confirmation does not represent any contractually binding acceptance of the order; it merely documents that the customer’s order has been received by Music & Sales.
f) Music & Sales reviews the order and informs the customer by email whether the order has been accepted by way of a confirmation of acceptance. The agreement comes into existence upon receipt of the confirmation of acceptance.
g) If the customer chooses to pay by PayPal, then, deviating from the above, the agreement between Music & Sales and the customer shall already come into existence with the customer’s payment.
(2) If the customer has created a customer account in the online store, he has the option to access his personal customer account using the “Log in” button and to view details of his orders there. If the customer has not created a customer account, the details of the agreement shall not be stored by Music & Sales in a way which can be accessed by the customer.
§ 3 Prices and payment conditions
(1) All prices include the particular statutory value added tax and are plus shipping costs, also including VAT.
(2) The total amount shown in the order overview, including shipping costs, is payable immediately after conclusion of the agreement, without discount.
(3) The customer can pay cash with order, by PayPal or in cash, if the goods are collected from the Music & Sales warehouse.
§ 4 Delivery and shipping costs
(1) Delivery is made by mail order to the delivery address provided by the customer. The delivery address must be in Germany or Austria. Deviating from this, the customer may also collect the products from the Music & Sales warehouse at 66606 St. Wendel. If the customer collects the ordered goods, no shipping costs shall be charged. An overview of the shipping costs can be found under “Shipping & Delivery”.
(2) If the products are collected by the customer, Music & Sales shall inform the customer by email if the products are ready to be collected. The customer shall receive the email within the stated delivery time. The customer must collect the products within five working days after receipt of the notification.
(3) You can obtain information about availability or the delivery time in the item description. If the customer is an entrepreneur pursuant to Section 14 BGB, delivery deadlines are only binding if these have been expressly agreed in writing. We do, however, strive to adhere to the delivery deadlines stated in the item description.
(4) The delivery deadline shall start to run on payment by cash with order on the day after the payment order was issued to the transferring credit institute, or in the case of other payment methods on the day after the conclusion of the agreement and ends with the termination of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a state-recognised general public holiday at the place of delivery, the next working day shall be the deadline instead.
(5) Music & Sales only delivers the products to Germany and Austria.
(6) If the customer is an entrepreneur pursuant to Section 14 BGB, the delivery shall be carried out at the risk of the customer. Risk is transferred to the customer as soon as the shipment has been handed over to the forwarder, the carrier or another person or institute determined to carry out the shipment.
§ 5 Reservation of ownership
(1) If the customer is a consumer pursuant to Section 13 BGB, ownership in the object delivered remains with Music & Sales until full payment of the purchase price.
(2) If the customer acts as an entrepreneur pursuant to Section 14 BGB, Music & Sales reserves ownership in the delivered object until full settlement of all claims from the ongoing commercial relationship (hereinafter “reserved goods”). The customer is obligated to always handle the reserved goods with care. The customer is obligated to immediately inform Music & Sales about access by third parties to the goods as well as possible damage, loss or destruction of the reserved goods. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns to Music & Sales from now the claims against the buyer from the resale of the reserved goods in the amount of the final invoice amount (including VAT) agreed with Music & Sales. Music & Sales accepts the assignment as of now. The customer remains authorised to also collect the claim after the assignation to Music & Sales. Music & Sales’ power to collect the claim itself remains unaffected by this. Music & Sales shall not, however, collect the claim so long as the customer complies with its payment obligations, in particular if it is not in default on payment and no application has been made to instigate insolvency proceedings or suspension of payment has been notified.
§ 6 Warranty
(1) The customer is entitled to a statutory warranty right, should the products be defective upon delivery.
(2) The statutory warranty period for new products, provided the customer is a consumer pursuant to Section 13 BGB, is two years from receipt of the products. In this period, customers who are consumers under Section 13 BGB can claim the statutory warranty rights.
(3) If the customer acts as an entrepreneur pursuant to Section 14 BGB, the warranty period for new products amounts to one year from the transfer of risk. In these cases, Music & Sales shall provide the warranty for faults in the goods through repair or replacement delivery, as it chooses. If Music & Sales decides to repair the products, it can request as it chooses and at its costs that:
a) the faulty part or device is sent for repair and subsequent return to Music & Sales;
b) the customer keeps the faulty part or device ready and a service technician from Music & Sales is sent to the customer to carry out the repair.
(4) In all other respects, the statutory provisions on warranty apply.
(5) Technical and performance data, weights and dimensions are stated as accurately as possible. If slight or common deviations from this arise, this generally does not represent a fault in the contractual products.
(6) In case of complaints of any kind, the customer can contact our service hotline +49 (0) 6851 905 599, which is available Monday to Friday from 9 am to 5 pm.
§ 7 Statutory right of cancellation for consumers
Provided the customer is a consumer pursuant to Section 13 BGB, the customer has the right of cancellation described below.
| CANCELLATION POLICY
You have the right to cancel this agreement within fourteen days, without stating reasons. The cancellation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, has or have taken the products in to possession. To exercise your right of cancellation, you must inform us, Music & Sales Professional Equipment GmbH Tritschlerstrasse 3 D-66606 St. Wendel Fax: 06851 – 905100 Email: info@musicandsales.com, about your decision to cancel this agreement by way of a clear declaration (e.g. a letter sent by post, fax or email). To do so, you can use the attached template cancellation form, but this is not mandatory. To observe the cancellation period, it is sufficient that you send the notice about the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of the cancellation If you cancel this agreement, we must repay to you all payments which we received from you, including the delivery costs (with the exception of additional costs which result from the fact that you selected another kind of delivery than the most favourable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which the notice of your cancellation of this agreement was received by us. For this repayment, we shall use the same payment method which you used to make the original transaction, unless otherwise explicitly agreed with you; you shall under no circumstances be charged fees for this repayment. We may withhold repayment until we have received the products back or until you have provided evidence that you have sent the products back, depending on which is earlier. You must send back or return to us the products immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this agreement. The deadline is observed if you send the products before the expiry of the period of fourteen days. You bear the direct costs for returning the products. You need only pay for a possible loss in value of the products if this loss in value can be attributed to unnecessary handling of the products to check for quality, features and functioning of the products. |
Exclusion of the right of cancellation
Pursuant to Section 312g (2) Number 1 BGB, there is no right of cancellation in the case of agreements for the delivery of products which are not prefabricated and an individual selection or determination by the consumer is decisive for their production, or they are clearly customised to the personal needs of the consumer.
| Template cancellation form |
| If you want to cancel the agreement, then please complete and return this form. |
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Music & Sales Professional Equipment GmbH Tritschlerstrasse 3 D-66606 St. Wendel Fax: 06851 – 905100 Email: info@musicandsales.com
– I/we (*) hereby cancel the agreement concluded by me/us (*) regarding the purchase of the following products (*)/the performance of the following service (*) – Ordered on (*)/received on (*) – Consumer name – Consumer address – Consumer signature (only if hard copy) – Date |
| (*) Score through what does not apply. |
§ 8 Liability
(1) Music & Sales is only liable in the case of an intentional or grossly negligent breach of duty as well as for culpable breach of material contractual obligations. Material contractual obligations are those, the fulfilment of which make the proper execution of the agreement possible in the first place, and adherence to which the contracting parties regularly rely on and may rely on. In the case of the culpable breach of material contractual obligations, Music & Sales is, however, only liable for foreseeable damages typical to the agreement. The above limitations on liability do not however apply in the case of injury to life, body and health, regarding the warranty for material faults or for a fault after assumption of a guarantee for the quality of the product and in the case of fraudulently hidden faults. Liability under the “Produkthaftungsgesetz” [the German law on product liability] likewise remains unaffected by the above exclusion of liability.
(2) Insofar as Music & Sales’ liability is excluded or limited, this shall also apply for the personal liability of employees, representatives and vicarious agents.
§ 9 General provisions
(1) The language of the agreement is German. This is also the case if other correspondence is carried out in another language.
(2) Insofar as the purchaser is a businessman, legal entity under public law or public law special fund, the place of performance and the exclusive court of jurisdiction for all disputes arising from this agreement shall be the registered office of Music & Sales.
(3) The customer is only entitled to offset or to exercise a right of retention if it is a matter of undisputed or legally established counterclaims, or counterclaims which are ready for decision.
§ 10 Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 VSBG [German law pertaining to consumer dispute resolution]
The European Commission provides a platform for online dispute resolution, which can be found at https://ec.europa.eu/consumers/odr/ (external link). We prefer to clarify your concerns with you directly and therefore do not participate in the consumer arbitration process. If you have any questions or problems, you can contact us using our service hotline +49 (0) 6851 905 599. We are available to you Monday to Friday from 9 am to 5 pm.
§ 11 Applicable law, court of jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN CISG. If the customer is a consumer, this shall only apply insofar as the protection granted through mandatory provisions of the law of the state in which the consumer has his ordinary residence are withdrawn.
(2) Insofar as the purchaser is a businessman, legal entity under public law or public law special fund, the place of performance and the exclusive court of jurisdiction for all disputes arising from and in connection with contracts of the customer is the registered office of Music & Sales. The same applies if the purchaser has no general court of jurisdiction in Germany or the domicile or ordinary residence is not known at the time the claim is raised.