General terms and conditions of business
§ 1 Scope of application
The present general terms and conditions apply to all business relations between Musica Mundana Musikverlag GmbH (Musica Mundana) and its customers in the respective valid at the time of conclusion of contract insofar as they relate to business transactions are handled electronically, refer.
These Terms and Conditions shall apply exclusively, contrary to or deviating from our terms and conditions of the customer can not be accepted, unless Musica Mundana has approved them in writing in the individual case.
§ 2 Conclusion of contract
The description of our range of products on the internet is for information of the client. It is not this is an offer to conclude a contract within the meaning of § 145 BGB. Contractual obligations, eg in terms of a delivery guarantee, do not arise for Musica Mundana.
By the customer sends an order to Musica Mundana, he makes an offer to conclude a contract. The customer receives a confirmation of receipt by e-mail or similar means. Should any information be incorrect on the range on the website so Musica Mundana will inform the customer after receipt of the order separately and submit a counter offer.
The contract with Musica Mundana comes when Musica Mundana accepts this offer. The acceptance is subject to the condition that the goods are actually available. A separate declaration of acceptance by Musica Mundana towards the client is no longer required. Can Musica Mundana not accept the customer’s offer, this will be communicated to the customer in electronic form.
§ 3 Right of Withdrawal
The customer is entitled to his agreement to the contract declaration of intent to withdraw within two weeks after receipt of the goods by returning the goods to Musica Mundana. For the protection of the term the timely sending of the product is sufficient.
The costs of return of goods up to a value of EUR 40, – to the customer.
In case of revocation Musica Mundana shall refund the purchase price if already paid to the customer. From the purchase price paid by Musica Mundana return shipping charges are deducted. Refunds abroad, the transfer fee will be deducted.
If there are significant deteriorations or the loss of the goods, the customer has to replace the corresponding reduction in value or loss in the event of such a withdrawal Musica Mundana. If the customer has already paid the purchase price, Musica Mundana is entitled to deduct the depreciation from the amount repayable.
The right of withdrawal is excluded in the following cases:
For contracts for the supply of audio or video recordings or software if the delivered data carriers have been unsealed by the customer;
Are not suitable to contracts for supply of goods within the meaning of § 3 para II No. 2 of the Distance Selling Act are produced according to customer specifications or for a return, such as Antiquarian items;
For contracts on other deliveries where a right of withdrawal expressis verbis.
§ 4 Delivery of goods ordered
Musica Mundana shall deliver the ordered goods to the address provided by the customer in the order as soon as possible. Musica Mundana is entitled to make partial deliveries.
The cost of individual deliveries shall Musica Mundana the customer in the respective amount shown. All risks and dangers of the shipment shall pass to the buyer once the goods Musica Mundana is passed to the delivery person in charge.
Information about delivery times are not binding, unless Musica Mundana the customer has issued a written commitment in individual cases.
§ 5 Retention of title
Until full payment of all the claims, the delivered goods remain the property of Musica Mundana.
§ 6 Due date and payment of the purchase price
The purchase price is due upon conclusion of the contract.
Payment is made by invoice or by cash on delivery.
If the customer is in default, Musica Mundana is entitled to charge default interest at a rate 5 % per annum to above the base rate according to § 1 of the Discount Rate Transition Act of 9 June 1998 (Federal Law Gazette I p 1242).
The customer is only entitled to set-off if his counterclaims are legally established.
§ 7 Warranty for defects
Musica Mundana liable for defects that are present at the handover of the goods for a warranty period of six months.
The customer agrees to notify any defects Musica Mundana writing. If there is a justifiable Musica Mundana defect, Musica Mundana will eliminate it at its option, either repair or a replacement.
Excluded from the warranty are antiquarian items.
§ 8 Liability
A liability of Musica Mundana for damages which do not relate to the product itself and for any lost profits or other financial damages of the customer is excluded.
§ 9 Data
All information about our customers will be treated confidentially. The storage and processing of such information shall only be permitted by the customer scale and in strict observance of legal provisions, such as the Federal Data Protection Act or the Information and Communication Services Act. The transfer of such data to third parties that are not in a context of performance of the contract is excluded. Musica Mundana is entitled to use the personal data of the customer for the purpose of credit checking and credit monitoring. In addition, Musica Mundana is entitled to submit personal data SCHUFA.
§ 10 Final provisions
The law of the Federal Republic of Germany under exclusion of the UN Sales Convention. Place of performance and jurisdiction is Munich.
The invalidity of individual provisions shall not affect the validity of the contract and these general terms and provisions.
Status: Nov. 2023