General Terms & Conditions

for all non EU countries

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.