General Terms & Conditions
Art.
1 Applicability
(1) The present General Terms and Conditions
shall apply to all business relations between Musikverlag Elisabeth
THOMI-BERG e. K., Planegg/Germany (TB), and its customers, as defined
at the time of conclusion of the contract and as far as these refer
to business transactions carried out by electronic means. (2) These
General Terms and Conditions shall apply exclusively. Conflicting
conditions of the customer or conditions differing from those
indicated in our General Terms and Conditions cannot be accepted,
unless approved of by TB in writing in individual cases.
Art.
2 Formation of Contract
(1) The description of our range of
products on the Internet just serves to inform the customers. It is
no offer to conclude a contract within the meaning of Art. 145 German
Civil Code. Contractual obligations, e.g. within the meaning of a
delivery guarantee, do not arise from that for TB.
(2) By sending
an order to TB, the customer offers to conclude a contract. The
customer will then receive an e-mail or other message confirming
receipt of the offer. If individual information on the range of
products on the Internet are faulty, TB shall inform the customer
separately after receipt of the order and submit an appropriate
counter offer to him.
(3) The contract with TB shall be brought
about with TB’s acceptance of this offer. The acceptance of the
offer shall be subject to the proviso that the goods are actually
available. A separate confirmation of the acceptance of the offer by
TB to the customer shall not be necessary. If TB cannot accept the
offer of the customer, the customer shall be informed about it
electronically.
Art.
3 Right of Withdrawal
(1) The customer shall be entitled to
withdraw his declaration of intention to conclude a contract within
two weeks after receipt of the goods by returning the goods to TB. To
comply with this term, it is sufficient to dispatch the goods in
time.
(2) The charges for the return of the goods of up to EUR
40,- shall be the responsibility of the customer.
(3) In the case
of withdrawal, TB shall refund the purchase price, if already paid,
to the customer. The return charges paid by TB will be deducted from
the purchase price. With refunds to foreign countries, the transfer
fee will be deducted as well.
(4) In the case of a considerable
deterioration in the quality of the goods or in the case of loss, the
customer shall make good the corresponding reduction in value or loss
to TB if he withdraws his order. If the customer has already paid the
purchase price, TB shall be entitled to deduct the reduction in value
from the amount repayable.
(5) The right of withdrawal shall be
barred in the following cases: a) with contracts for the delivery of
audio or video recordings or software if the delivered data carriers
have been unsealed by the customer; b) with contracts for the
delivery of goods manufactured according to customer’s
specifications within the meaning of Art. 3 paragr. II No. 2 Mail
Order Marketing Act, or of goods unsuitable for returns, such as
antiquarian items; c) with contracts on other deliveries barring the
right of withdrawal expressis verbis.
Art.
4 Delivery of Ordered Goods
(1) TB shall deliver the ordered
goods to the address indicated by the customer in the order as soon
as possible. TB shall be entitled to make partial deliveries.
(2)
The costs for the individual deliveries shall be charged to the
customer by TB in the respective amount shown. All risks of delivery
shall pass to the customer upon delivery of the goods from TB to the
commissioned distributor.
(3) Information on terms of delivery
shall not be binding, unless TB has given an undertaking in writing
to the customer in individual cases.
Art.
5 Reservation of Ownership
Until complete settlement of all
claims against the customer the delivered goods shall remain the
property of TB.
Art.
6 Maturity and Payment of Purchase Price
(1) The purchase
price shall be due upon conclusion of the contract.
(2) Payment
shall be made either by direct debiting (only in Germany) or by
credit card.
(3)
If the customer is in default of payment, TB shall be entitled to
charge default interest at a rate of 5% per year over the base
lending rate in accordance with Art. 1 Discount Rate Transition Law
of 9 June 1998 (BGBl. I S. 1242).
(4) The customer shall only be
entitled to set-off if his counterclaims have been recognized by
declaratory judgment.
Art.
7 Warranty of Quality
(1) TB shall be liable for any defects
existing upon delivery of the goods for the statutory warranty
period.
(2) The customer binds himself to inform TB about any
defects arising in writing immediately. In the event of a defect for
which TB is responsible, TB shall, at its own discretion, either
repair or replace the defective product.
Art. 8
Liability
(1) TB shall neither be liable for damages not
related to the goods themselves, nor for missed profit or other
economic losses of the customer.
Art. 9 Privacy
All
personal information of our customers will be treated confidentially.
Such information shall only be stored and processed to such extent
as permitted by the customer and in strict observance of relevant
rules and regulations, such as the Federal Data Protection Act or the
Information and Communication Service Act. The transfer of such
information to third parties who are not involved in the performance
of the contract, shall be excluded. TB shall be entitled to transfer
personal information of the customers to affiliates of TB for the
purpose of credit checking and credit control as part of a data
exchange. TB shall also be entitled to transfer personal information
to the SCHUFA, the General Credit Protection Agency in Germany.
Art.
10 Final Provisions
(1) These General Terms and Conditions are
governed by the laws of the Federal Republic of Germany, to the
exclusion of the CISG (United Nations Convention on Contracts for the
International Sale of Goods). The place of performance and venue is
Munich.
(2) The nullity of any of the provisions herein shall
affect neither the validity of the Agreement as such nor the validity
of these General Terms and Conditions.