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GTC - General terms and conditions
Identity and address
music world OHG
District Court: Ust. No ID: DE 269 088 373
Owner: Meinolf Kahrig & Timo Könnecke
post address: § 1 Scope
For all mutual claims arising from or in connection with a contract signature between the customer and music world are always these terms in their respective at the time of the conclusion of the contract is struck.
§ 2 Participants music world contracts with customers: a) natural persons, 18 years of age and b) legal entities, each resident or located in the Federal Republic of Germany or a member state of the European Union (hereinafter referred to as "customers"). If the offer of a non-participant accidentally accepted by music world was adopted, is music world to explain the resignation of the contract entitled to the customer within a reasonable time. § 3 Conclusion of the contract The description of our commodities cannot be seen as a binding contract offer. By ordering via Internet, fax, phone or e-mail at our company, the customer submits an obliging offer. We reserve the right to accept this offer. The acceptance is effected by an order confirmation or by the delivery of the goods. If the customer does not receive an order confirmation or the consignment within two weeks, they are no longer bound to their order. § 4 Revocation notice (arrangement for consumers living outside , not valid for professional purchasers, vendors or enterprises)
4.1 For every distance contract the purchaser has a 30-days right of revocation.
4.2 The term of revocation begins the day the merchandise is delivered to the customer and with services it begins on the day the contract is concluded. But the term does not begin until we have fulfilled our obligation to inform the customer about these rights. The fees for the delivery and the return are to be paid by the customer.
4.3 If the customer wants to make use of the right of revocation they have to inform us in written form (via e-mail, fax or letter) within 30 days after the conclusion of the contract or respectively to return the merchandise within 30 days after the receipt of the goods. It is not necessary to give a reason for the revocation. In the case of a revocation in due time the consumer is no more bound to the declaration of intent he has given when concluded the contract. If the revocation was transmitted in written form, the goods immediately have to be returned after that. 4.4 The right of revocation is valid under the reservation that the goods are returned in their original condition, with all accessories and also in their undamaged original packaging. If this is not possible, the goods have to be repacked in suitable cardboard boxes to avoid that the merchandise is damaged during the return and to make sure they arrive at music world in a perfect condition. The customer is obliged to pay damages for deterioration of the value of the product when used. This is not the case if the deterioration is due to the mere check of the product. 4.5 The right of revocation is not valid for contracts: a) about the delivery of goods made after clients’ specifications or tailored according to personal needs or for goods which are not suited for a return or b) about the delivery of audio or video recordings or of software when the package was opened, c) of services when the execution of themselves has begun, with the consent of the consumer, before the end of the two-week revocation term. The revocation must be sent to: music world Owner and Managing Director: Meinolf Kahrig Hasselborn 53-55 D-59929 Brilon
4.7 Orders from abroad involves that the purchaser has to bear the costs of a return.
§ 5 Delivery
We always try to execute the delivery as fast as possible. If the delivery cannot be immediately executed because the products are not in stock we will declare a delay in delivery of about ten weeks maximum. This delay in delivery will be extended in cases of force majeure, strike measures due to social conflicts, administrative measures or other unpredictable incidents which could not be avoided despite all preventive measures.
The consignment of the goods within is effected in general by UPS. If the commodities are very big or very heavy they will be delivered by a forwarding agency.
For shippings within Germany delivery is free of charge (Purchase order value over € 25,-). For orders under 25,00 EUR we charge €5,-- shipping costs. Cash-on-delivery items are computed additionally and independently of the purchase order value with € 5,00.
For deliveries to other European countries we charge € 19,- flat for each order (Switzerland: 29,00 EUR). In cases of very big or very heavy products (Pianos, Bass an PA cabinets etc.) we charge higher delivery expenses.
If clients recognise damages of the packaging or the content of the parcel when receiving the merchandise they should immediately make a claim at the transport company and refuse the receipt. Please inform us in a two-week delay via e-mail, letter or fax:
music world Hasselborn 53-55 D-59929 Brilon Tel: +49 (0) 2961 / 97 90 - 0 Fax: +49 (0) 2961 / 97 90 - 79 info@musicworldbrilon.de
§ 6 Prices, payment terms
The itemised prices include the legal VAT of about 19%. If a contract with an agreed delivery time of more than six weeks was placed we reserve the right to modify the prices according to the cost increase as far as we are not responsible for it. If the customer does not agree to the increase in prices they have the possibility to annul the contract. The mailing expenses are charged up extra and will be shown separately on the bill. Payment within Germany: a) cash on delivery: The customer pays in cash the amount of the bill when the deliverer supplies the commodity. b) cash in advance/Paypal: The amount of money (cash in advance: -2% Discount, except sheet music) is transferred to our account. We will deliver the merchandise as soon as the money is received in our account or paypal account. c) payment via credit card: The customer indicates us the number of the MASTERCARD or VISA-CARD, the validity and the key. After the verification of these data the card will be debited and we will deliver the merchandise.
Payment for other European countries: § 7 Retention of title The merchandise remains our property until the complete payment of the price and the forwarding expenses. § 8 Ensuring a) In the case of a flaw of the purchased goods, the customer has the right to reparation of the defect goods or to a delivery of flawless new goods. b) If it is not possible to correct the flaw the customer has the right to decide whether he asks for a diminution of the purchase price or if he cancels the order. c) The limitation period is 2 years after delivery of the goods. For second hand goods the limitation period is 6 month after delivery. d) The problems of guarantee and liability have to be arranged directly with music world. Negotiations with any independent agents will not be accepted by music world. e) We are liable according to the legal requirements as far as the client asserts a claim for damages due to a deliberate act or gross negligence of our representatives or subsidiaries of execution. Unless we are not charged with a deliberate or gross negligible breach of the contract, the liability is restricted to the predictable, typically occurring damage. In the case of a breach of an accessory obligation we are not liable for slight faults. f) The liability for an attack on the life, the body or the health of a person due to delinquent behaviour is not affected by these general terms and conditions. This also concerns the obligatory responsibility according to the law of product liability and other mandatory legal requirements regarding the liability without fault. g) In the case of a delay in delivery for which music world is responsible, we are liable according to the legal requirements if we, our legal representative or our subsidiaries of execution have committed a deliberate infraction or a gross negligence. The compensation of the damage caused by a delay in delivery is restricted to the predictable, typically occurring damage.
§ 9 8 days price guarantee
If you should find an product of our assortment more cheaper within 8 days starting from purchase date with another dealer authorized for this product, we will pay you the difference. We reserve ourselves the transformation of the sales contract alternatively! The product must be returned to us however in absolutely new condition, without any customs traces and in the originals packing. Please consider the regulations under point 4. The product must immediately be available/on stock. We just consider offers of authorized, German dealers. We dont consider offers from "ebay". The correct price is determining. Incorrect quotations, mistakes of other dealers and misprints are not considered. From the price warranty are excluded: - used products, demo products, goods returned as well as auction article (like ebay offers). - Large surface discount actions of our competitors (like anniversary sales, clearance sale, etc.) - Software and PC/Mac articels
§ 10 Privacy
§ 11 Purview and applicable legislation
These general terms and conditions are exclusively valid for the business connection between music world and the customer. For any disagreement which might occur please get in contact with us to find an appropriate solution. In the case of a litigation only the local court of Arnsberg, will be competent. Only the legislation of the Federal Republic of German is valid. The agreement of the United Nations on contracts about the international purchase of goods is not valid.
§ 12 Severability clause
The present terms and conditions represent an English version for the purpose of information. In the case of a litigation only the German terms and condition are legally binding.
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