General Terms and Conditions
1. scope of application
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The purchase contract shall be concluded with Stein Music Pro GmbH.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
The contract text will not be stored by us.
4. delivery conditions
In addition to the stated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers. In addition to the stated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers.
In principle, you have the option of collection from Stein Music Pro GmbH, Hingbergstr.103a, 45468, Germany during the following business hours: Workdays
We do not deliver to packing stations.
In our store you have basically the following payment methods at your disposal:
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
SEPA direct debit
With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited before the goods are shipped. The period for advance notice of the date of the account debit (so-called prenotification period) is 1 day.
PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Sofort by klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice are only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
6. right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. reservation of proprietary rights
The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
8. transport damages
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
Für Unternehmer gilt: Die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung geht auf Sie über, sobald wir die Sache dem Spediteur, dem Frachtführer oder der sonst zur Ausführung der Versendung bestimmten Person oder Anstalt ausgeliefert haben. Unter Kaufleuten gilt die in § 377 HGB geregelte Untersuchungs- und Rügepflicht. Unterlassen Sie die dort geregelte Anzeige, so gilt die Ware als genehmigt, es sei denn, dass es sich um einen Mangel handelt, der bei der Untersuchung nicht erkennbar war. Dies gilt nicht, falls wir einen Mangel arglistig verschwiegen haben.
9 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty as well as fraudulent intent
– in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
– within the scope of a guarantee promise, if agreed upon
– insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
– in case of intentional or grossly negligent breach of duty
– in the case of warranty promises, insofar as agreed, or
– insofar as the scope of application of the Product Liability Act is opened.
– insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11. settlement of disputes
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
AGB created with theTrusted Shops Rechtstexter in copperation with FÖHLISCH Rechtsanwälte.</p
GENERAL TERMS AND CONDITIONS (ONLINE STORE FOR ELECTRONIC GOODS) § 1 Scope and provider
- (1) These General Terms and Conditions apply to all orders placed with the online store ofMuster GmbH Musterstraße Musterstadt. managing director: tätigen.
- (2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.
- (3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
- (4) The contract language is exclusively German.
- (4) The contract language is exclusively German. (5) You can call up and print out the currently valid General Terms and Conditions on the website [Link angeben]]. § 2 Conclusion of contract
- 1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
- (2) By clicking the button [“Order now with obligation to pay”/ “Buy”] you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
- (3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A contract of sale for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you – without prior express declaration of acceptance. Exception: in case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order. § 3 Prices The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under [“Shipping Information” / “Terms of Delivery”]. § 4 Terms of payment; Default
- (1) Payment shall be made either by:invoice in advance, cash on delivery, credit card, Paypal or direct debit.
- (2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only prepayment to hedge our credit risk.
- (3) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
- (4) In case of payment by cash on delivery, an additional fee in the amount of [X] EUR will be due, which will be charged by the deliverer on site. Further costs and taxes do not apply.
- (5) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will occur at the time we ship the goods to you.
- (6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions
during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
- (7) In the event of payment by direct debit, you shall bear any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in the account or due to incorrect bank account information provided by you.
- (8) If you are in arrears with a payment, you shall be obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.§ 5 Offset/Retention Right
- (1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
- (2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.§ 6 Delivery; Retention of Title
- (1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
- (2) The goods remain our property until full payment of the purchase price.
- (3) By way of exception, we shall not be obliged to deliver the goods ordered if we have duly ordered the goods but have not received correct or timely delivery (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
- (4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:- We reserve title to the goods until all claims arising from the current business relationship have been settled in full.
Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.
- – You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- – If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- – We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.§ 7 Cancellation Policy In the event that you are a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e. if you make the purchase for purposes which can predominantly be attributed neither to your commercial nor to your independent professional activity, you shall have a right of revocation in accordance with the following provisions.
Right of withdrawal You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must send us Company: Address: E-mail: Phone: Fax: by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample cancellation form, which is, however, not mandatory.
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form If you want to revoke the contract, please fill out this form and send it back. To Company: Address: E-mail: Fax: I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*): Ordered on (*)/received on (*) Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only in case of paper communication) Date (*) Delete where not applicable.
End of the cancellation policy
- (1) The right of withdrawal does not apply to
- – delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- – in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or
- – in case of delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
- (2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
- (3) Before returning the goods, please call us at[Tel .Nr.] to announce the return. In this way you enable us to allocate the products as quickly as possible.
- (4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.§ 8 Transport Damages
- (1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery agent and contact us as soon as possible.
- (2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
- (2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods – in deviation from the statutory provisions – is one year.This limitation does not apply to claims based on damages arising from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as for claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its agents.
- (3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 BGB.
- (4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- – Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- – You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch shall be sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
- – In the event of defects, we shall, at our discretion, provide warranty by repair or replacement (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
- – If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- – The warranty period is one year from delivery of the goods.§ 10 Liability
- (1) Unlimited liability: We shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
- (2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation,
the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must be
must typically be expected. Limitation of liability also applies in favor of our vicarious agents.
§ 11 Note on the return and disposal of batteries / rechargeable batteries and electrical and electronic equipment Batteries and electrical appliances must not be disposed of in household waste in order to avoid environmental damage. For this purpose, you can return your old batteries free of charge to the public collection points in your community or wherever batteries are sold. You can also hand in your old electrical equipment free of charge at one of the municipal collection points. In addition, you can hand in waste electrical equipment to [insert: waste disposal service provider/stationary acceptance point]. The acceptance of old appliances may be refused if there is a risk to the health and safety of people due to contamination. Used batteries and accumulators that are not enclosed by the waste equipment must be separated from it before [insert: at collection point/stationary acceptance point/logistics service provider]. The “dustbin” symbol means that electrical appliances and certain batteries must be collected and disposed of separately from household waste. On batteries containing harmful substances you will also find the following information: Pb: Battery contains lead Cd: Battery contains cadmium Hg: Battery contains mercury You are responsible for the deletion of personal data. § 13 Alternative dispute resolution The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 14 Final provisions
- (1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
- (2) Contracts between you and us shall be governed exclusively by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.(2) Auf Verträge zwischen uns und Ihnen ist ausschließlich deutsches Recht anwendbar unter Ausschluss der Bestimmungen der United Nations Convention on Contracts for the International Sale of Goods (CISG, „UN- Kaufrecht“). Zwingende Bestimmungen des Landes, in dem Sie sich gewöhnlich aufhalten, bleiben von der Rechtswahl unberührt.
- (3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: Month, Year
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, email@example.com Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4