General terms and conditions of Business
For all orders via webshop through consumers and companies following general terms and conditions are valid.
The following applies to Germany: According to Section 13 of the German Cevil Code, consumers are any natural person who enters into a legal transaction for purposes that are predominantly nether commercial not self-employed.
The following applies to Austria: In the following conditions "consumer" means "consumer" within the meaning of the Consumer Protection Act.
The following applies to Switzerland: In the following terms and conditions, "consumer" means "consumer" under Swiss law.
Entrepreneur are all natural and juristic persons that are not consumer.
The following applies to the entrepreneurs: If the entrepreneur uses contrary or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have agreed to this.
The purchase contract is concluded with Musik Lenz GmbH & Co KG.
By placing the the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by E-mail.
Following contract languages are available: geman, english
The contract text will be saved by us and we sent you the order date and our general terms and conditions of businedd by textual form. You can read the contract text in our costumer login.
Shipping costs are added to the stated product prices. You can find details to the amount of the shipping costs in our offer.
We only deliver in the shipping way. Unfortunately, a self collection of the products is not possible.
We do not deliver to pick up stations.
We offer following payment methods at our webshop:
Prepayment
By considering the payment method prepayment we send you our bank details. We deliver the goods as soon as we get a receipt of payment.
Credit card
When placing your order, enter your credit card details. Your card will be charged immediately after placing your order.
SEPA direct debit
By submitting the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called-prenotification). A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and December 31st of each year. The account debit will follow before the goods are dispatched.
PayPal
In order to pay with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg („PayPal“) you have to be registered on Paypal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will follow immediately by Paypal right by placing the order. You will receive further information during the ordering process.
Sofort by Klarna
In order to pay with the payment provider Sofort GmbH, Theresienhöhe 12, 80339 München you have to have an online banking with an unlocked bank account, legitimize yourself and confirm the payment instruction. Your bank account will be charged immediately after placing your order. You will receive further information during the ordering process.
Consumers have a cancellation right, just like described in the cancellation policy. Entrepreneurs are not granted a voluntary cancellation right.
The goods are our property until the payment is done. For costumers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
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 shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. But it helps us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you, as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry our the shipment.
Applies for consumers located in Austria and Germany:
The legal liability for defects applies.
Applies for consumers located in Switzerland:
As soon as it is feasible in the ordinary course of business, you should inspect the quality of the received goods and, if defects arise for which the Seller is liable, notify the Seller immediately. If the consumer fails to do so, the purchased item shall be deemed to have been approved, unless the defects were not detectable during the normal inspection. If such defects are discovered later, the notification must be made immediately after discovery, otherwise the item shall be deemed approved also with regard to these defects.
Send the defective product back to us with a description of the defect. You will bear the incurred transport costs. We provide warranty by rectifying defects. This is done at our discretion either by remedying the defect (rectification) or delivery of a defect-free item (replacement). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right of price reduction is excluded.
Applies for entrepreneurs and merchants:
If it's not expressly agreed otherwise, the staturory liability for defects applies.
The following limitations and reductions of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in case of intentional or roughly negligent breach of duty as well as fraudulent intent
• in case of breach of essential contractual obligations, which fulfill the implementation of the contract, and of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of guarantee promise, if agreed, or
• the scope of application of the Product Liability Act is opened.
restrections against entrepreneurs
For entrepreneurs, the only agreements on the quality of the goods, are our own specifications and the manufacturer's product descriptions included in the contract. We don't assume any liability for public or any other advertising statements of manufactures. For entrepreneurs, the limitation period for claims of defects in newly manufactured goods is one year from the transfer of risks. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse according to Section 445a of the German Civil Code remain unaffected.
regulations toward merchants
The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the givn indcation the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.
Costumer-service: consulting
For claims based on damages caused by us, our legal representatives or vicarious agents, we always are liable without limitation
In case of breaching essential contractual obligation, which's fulfillment in conclusive for Proper contractual execution and the contractual partner may rely on regularly (cardinal obligations). Due to slight negligence by us, our legal representatives or vicarious agents, the liability is is limited to the amount of the foreseeable damage, at the time of contractual conclusion, and the occurrence which typically is expected.
Claims for damages are excluded
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 in a consumer arbitration board.
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
General terms and conditions of Business created Trusted Shops Rechtstexter in cooperation with FÖHLISCH Rechtsanwälte.