General Terms & Conditions
Updated: September 2008GENERAL CONDITIONS
The following conditions apply to all contracts, deliveries and other services. Any deviation (including diversification of the customer’s terms or conditions) requires our written permission.
OFFERS
a) All offers made by us and appearing in press, circulars, brochures, catalogues, internet etc. are not binding and can be altered without notice. Music Store reserves the right to alter, exchange or exclude parts of the products offered, as well as remove the entire product offered in printmedia or internet without prior notice.
b) The pictures of the products in the online shop are no legally binding offer. By clicking the „checkout“ button, you are placing a binding order of the products in the shopping cart. The confirmation of the received order is sent out directly after placing it. The act of sale is completed by receiving a sales confirmation or by delivery of the merchandise ordered.
c) Auctions: the presentation and description of articles in the auction categories of our online shop is not legally binding. It merely presents a non-binding online catalog. By entering a bid and pressing the button “bid now” you agree to a binding purchase of the auctioned goods. Upon placing your bid you receive an e-mail from us to confirm your bid and your agreement. If your bid is the winning bid by the end of the auction, you have committed to a binding order of the offered, auctioned article. You will receive the sales agreement with a separate confirmation of your order or with the delivery of the goods.
d) We save the text of the contract and e-mail you the order data and the rights of recision. You can look up your past onlineshop orders (from november 2006) in our customer log-in section.
e) We reserve the right to amend existing orders completely or partially due to currency exchange rate fluctuations or changing cost prices.
f) Special offers are valid subject to stock.
MAILORDER
a) Your contract is concluded with Music Store A. Sauer GmbH, represented by its managing director, Mr. Michael Sauer, Große Budengasse 9-17, 50667 Cologne, Germany. You may also forward possible complaints to this address.
b) The commercial purpose of this agreement is based on the sales of merchandise offered by our company. The contract is completed by placing an order either by phone, fax, internet, or by mailing a written order (using the order form found in the catalogue) and by our company’s subsequent acceptance of the order by written order confirmation or delivery of goods.
TERMS OF DELIVERY
a) The terms of delivery for the UK are as follows: Orders over 200,- € value will be shipped free of charge. For orders below 200,- € value we will charge 10,- € standard delivery costs. In certain situations (unusually large or heavy items, such as acoustic foam, stagetables, pianos, etc.), we'll work with you to determine the most effective and economical shipping method. Please refer to our webpage for shipping information regarding other countries.
b) 13,- € COD charge (in addition to delivery costs). UPS will collect the amount in GBP according to the current exchange rate. Please note that the limit for payment by Cash-on-Delivery is 3.000 €. Cash-On-Delivery is not possible if your order needs to be shipped via forwarding agency. Please refer to our webpage for information regarding other countries.
c) For very urgent deliveries we can arrange Express and Saturday delivery. The occuring cost is to be paid by the customer.Please refer to the export pages for delivery terms and charges in- and outside the EU.
d) Delivery will be at customers risk. As soon as the merchandise has been handed over to a transport company by Music Store A. Sauer GmbH, the risk is transferred to the customer. This is also applies in case of partial deliveries. The merchandise is delivered to the address provided by the customer.
e) If part of the products ordered are not in stock or currently unavailable, we reserve the right to dispatch partial orders to a reasonable extent, with a separate invoice.
f) Should the products ordered not be available eventhough a hedging transaction has been made, we reserve the right to cancel the order. In this case, the customer will be informed immediately. The customer will be credited in case transactions have already been performed. A refund is also possible upon request. Any other claims against Music Store A. Sauer GmbH are excluded.
g) The goods are to be checked immediately after receipt by the customer for transport damages. Damaged packing must be claimed to the couriers and confirmed by them.
RIGHT OF RESCISSION
Customers have the right of withdrawal within two weeks. Return shipments are at our risk.
Revocation instructions
RIGHT OF RESCISSION
Upon reception of merchandise and exchange instructions, you may return the merchandise within two weeks, without further notice of intent of exchange in written form, by fax (+49 221 925791-949) or by email (reklamation@musicstore.de). A right of exchange covers merchandise delivered by mail order for a period of 14 days (money-back guarantee). Please return the product to the following address, including our referring invoice:
Music Store Central Warehouse
Marktstrasse 10
D-50968 Cologne
Germany
E-Mail: reklamation@musicstore.de
Effects of revocation
The timely return of revocation within the revocation period is sufficient. We will then make arrangements for return-transportation of the merchandise, within Germany only. You may also carry out the revocation by returning the merchandise within the revocation period, however for organizational reasons we appeal to abstain from returning the merchandise yourself. In the event of a return of merchandise with a total sales value of up to Euro 40, the customer is responsible for bearing the cost of shipment, should the merchandise comply with what had been ordered. Should this not be the case, the replacing shipment will be free of charge to the customer.
Additional information
Software, sound and video storage media that have been unsealed by the customer, custom made merchandise, books, ear protection and plugs (i.e. in ear monitor), popfilters, windscreens, wind instruments and cables sold by the metre is excluded from any right of exchange.
MUSIC STORE - 30 DAYS MONEY BACK GUARANTEE
Additionally to the mandatory 14-day right or rescission, Music Store offers you the „Music Store 30 days money back guarantee“ for the following 16 days under the following terms and conditions:
a) For all products purchased from Music Store by mailorder we grant a 30-days-money-back guarantee according to §312b German Civil Code - Fernabsatzgesetz -, which means that the product can be returned for refund without indicating a reason. This applies to private endusers according to §13 BGB.
b) We provide freewaytickets for carriage free shippping of the merchandise with DHL (within Germany only). For returning the parcel please send it in mint condition only in the original box wrapped in cardboard or paper with a small letter with the information, who, what, why and how for us to proceed. Very important is to give us your customer and phone number. We will give you the credit note in the same way you paid us, so if you paid us with Credit Card we will cancel this transaction and you get the balance to your credit card account. Customers outside of Germany are responsible to shoulder the return cost within the 30 Days Money Back Guarantee.
c) Exceptions to the "30 day money back guarantee“ are wear items like pick-ups, illuminants, drum heads, sticks, strings, unsealed or non-original wrapped software, sheet music and books, already installed computers, custom made products and all products that cannot be resold due to hygienic reasons like in-ear systems, ear plugs, headphones, harmonicas (harps, mouth organs), popfilters, windscreens, wind instruments and cables sold by the metre etc.
d) We reserve the right to charge articles of a bundle at their regular sales-price, if components of the bundle are returned within the right of recission or Music Store 30-days-money-back guarantee. The credit for the returned articles may be offset against the difference between bundle-price and regular sales-price of the goods remaining with the customer.
e) The merchandise must be returned to us in its original packaging as well as secure shipping package, with all accessories and without traces of usage. Music Store reserves the right to reduce the amount refunded in case of apparent traces of usage that result in a loss of value of the returned merchandise.
f) The 14-day right of rescission for merchandise purchased is unaffected by these terms & conditions.
CONDITIONS OF GUARANTEE, LIABILITY
a) If the customer accepts merchandise or the subject of the contract despite knowledge of damage, guarantee claims as described can only be made if the damage is reported in written form by the couriers and confirmed by them.
b) We will arrange the return transport of defective merchandise from any destination in the European Community. The Music Store accepts responsibility or any cost incurred by the return delivery of defective items from any destination in the European Community. Please contact us for collection by phone on: +49 221 925791-777.
c) The guarantee for our merchandise, is valid for 2 years for consumers and 1 year for contractors, from the day of delivery.
d) The guarantee for used merchandise, is valid for 1 year for consumers and 1 year for contractors, from the day of delivery.
e) If a defect occurs during the guarantee period, the customer will be entitled to a repair free of cost. Should the merchandise still be defective after repairs, the customer has the right to reduce the price of the purchased item or cancel the purchase. This right does not apply, should the defect be insubstantial.
f) Exempt from guarantee are all products subject to use-orientated nature, e.g. strings, illuminants, LED`s for spots, faders, sticks, accumulators/batteries, all tubes (built in as well), etc.
g) Information about the period of repair is always non-binding unless a deadline has been agreed upon in written form.
h) Damages other than those caused by injury to life, body and health will only be covered by Music Store if they are a result of deliberate or negligent violation of fundamental contractual obligations, fraudulent misrepresentation, guarantee of quality, or injury of the customer commited by Music Store or their auxiliary persons (e.g. delivery service). Any further liabilities are excluded. The product liability act is unaffected by these conditions.
i) In case of negligent violation of fundamental contractual obligations, the liability of Music Store is limited to the forseeable damage.
MUSIC STORE 3-YEAR WARRANTY
Music Store offers a 3 year warranty for all products purchased from all private customers, under the following conditions:
a) Music Store offers warranty for all defects within the 3 years timespan, which can be traced to material, or production defects.
b) Exempt from warranty are all products subject to use-orientated nature, e.g. strings, illuminants, LED`s for spots, faders, sticks, accumulators/batteries, cables, bags, cases, straps, all tubes (built in as well), etc.
c) Furthermore: product deficiencies arising from operating faults, non-observance of the operating manual, use in unintended ways, improper use, or lack of maintenance; use of unintended spare parts which are not original parts from the manufacturer; own attempts at repairs; deviation from necessary operation value of the product.
d) For all warranty accepted products, the repairs will be carried out free of cost by Music Store, or the product will be replaced with a technically operating product, in which case, Music Store then owns the returned product or parts.
e) Warranty demands must be made within the warranty period. The return of a product must be agreed upon with the Service Department of Music Store. The customer is financially responsible for returning the product to the Music Store. Our referring invoice needs to be enclosed, which is a necessary proof of warranty. Please do not send us freight collect packages, they will not be accepted.
f) Other demands as those concerning adjustment or repair of a defect product as stated in the warranty conditions, are made void through the warranty conditions of the company Music Store.
g) In case of a warranty repair the warranty period is not extended or restarted.
CONDITIONS OF PAYMENT
a) COD-orders are to be paid in cash only. For the first credit card order we require a copy of the card (front and backside) and your ID by email or fax. Bank transfers need to be made prior to shipment of the merchandise. The order will be sent as soon as the payment is showing on our account and the goods are available. All payments need to be made in Euros to our bank account, occurring bankcharges need to be paid by the customer.
b) We reserve the right to refuse acceptance of checks or other non-cash methods of payment. Should acceptance of such occur, it will only be relevant to the payment of merchandise.
c) In the event of delayed payment we will charge the statutory interest rate. Upon issue of the first reminder of payment we will raise an additional fee of 2,50 Euro. Any subsequent reminders will incur a further charge of 5 Euro each.
d) Being entitled to claim for damages due to not fulfilling a sales contract, we demand a flat rate of 20% of the agreed price as compensation, without proof of evidence. We reserve the right to exercise the assertion of higher actual damages, if appropriate. The customer is entitled to prove that no or a lesser damage has been done.
e) The reimbursement will be made within 30 days after returning the merchandise or after notice of withdrawal in case there is no damage to the merchandise. In case of purchase of a new product, we will charge the reimbursement against the value of the new product ordered.
RIGHT OF OWNERSHIP
All merchandise remains our property until payment has been fulfilled.
PLACE OF JURISDICTION
Cologne is the exclusive place of jurisdiction for all contract related disputes, as far as the customer is a merchant or does not have a general place of jurisdiction inside the Federal Republic of Germany. Music Store reserves the right to be able to sue the customer in a place of general jurisdiction.
CONFIDENTIALITY
a) All customer details and data collected will not be passed on to a third party. All collected customer data is stored solely for contractual and further informational use. You may object to the storage of data for consignment of informational content at any time at the aforementioned address.
b) For security reasons Music Store does not store credit card information in its computers. The data is sent online to our partner’s system for the handling of payment (Albis Zahlungsdienste), which is specialized in this kind of data management and utilizes the data solely for this purpose.
DISCLAIMER
Music Store takes no responsibility for the correctness, quality or completeness of the given information. Liability claims against the author regarding damage of material or ideational nature, the use or not use of the given information or the use of incomplete or incorrect information are strictly excluded, provided the author has not made any demonstrable or wantonly negligent mistakes.
PERIODIC STATUTE OF LIMITATION
Periodic statute of limitation amounts 3 years according to § 195 BGB (German Civil Code). That takes effect in particular on vouchers and credit notes.