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General terms and conditions DV247 LTD UK

BY ACCESSING THIS WEBSITE AS A USER (REFERRED TO AS "YOU/YOUR") YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

INTRODUCTION

1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.

1.2  We may revise these terms and conditions at any time by updating this posting (see date at the top). It is your responsibility to check this website from time to time to review the current terms and conditions as each use of this website signifies your acceptance to be bound by the latest terms and conditions. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

ORDERING FROM US

2.1 There are various methods and information on how to place an order with us throughout other areas of this website. All orders placed by you via this website are subject to the latest terms and conditions.

2.2  As part of our order process you will be given the opportunity to check your order and to correct any errors. Following receipt of your order, we will send you an order acknowledgement email, detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Music Store.

2.3  Our acceptance of an order and the completion of a contract between you and us takes place when we despatch the order even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.4  We may refuse to accept an order:

2.4.1  where goods are no longer available;

2.4.2  where we cannot obtain authorisation for your payment or suspect fraud;

2.4.3  if there has been a pricing or product description error; or

2.4.4  if you do not meet any eligibility criteria set out in our terms and conditions.

2.5  Sales to destinations not within our list of shipping countries will only be accepted with prior arrangement with our export department. Email: export@musicstore.de 

2.6  Music Store reserves the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. In any such event the consumer will be refunded immediately.

2.7  Unless expressly indicated otherwise, Music Store is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

PRICING

3.1  All prices are in Pounds Sterling and include all taxes (where applicable) at the current rates but do not include delivery charges. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

3.2  Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

3.3  Our prices are reviewed daily and while we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

PAYMENT

4.1  Music Store does not take payment immediately and all goods are subject to availability. In the event that we are unable to supply a product, we will inform you of this as soon as possible.

4.2  In the interests of preventing fraudulent use of credit, debit and charge cards, Music Store will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from this website you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

DELIVERY

5.1  Please note that shipping costs may vary depending on location and the size and weight of the goods. You will be contacted should this situation arise. If you are not shipping to a country within the European Union then you may be liable for Import Duty and VAT charges. Please check with a customs office in your country for information.

5.2  Your order will be delivered to the address you indicated when you place your order. All goods must be signed for by an adult aged 18 years or over on delivery.

5.3  Delivery charges and estimated timescales are specified on our delivery page and also when you place an order. Unless otherwise agreed with you and subject to clause 14, delivery of the goods will be within 30 days beginning with the day after you ordered the goods. Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

CANCELLATION AND RETURNS POLICY

6.1  All goods and services are sold in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334). This regulation essentially ensures that the consumer is given clear information about the goods and services the supplier is offering, is provided with an order confirmation via email and has a cancellation period of 30 days from the day after the date of delivery - during which time the consumer may cancel the contract by notifying the supplier of their request to cancel either in writing or by email.

6.2  If you wish to cancel your order during the cancellation period set out in clause 6.1, please notify us in writing by by email. A telephone call is not sufficient unless both you and Music Store agree otherwise.

6.3  Once you have notified us that you wish to cancel the contract within the cancellation period, either before or after you have received the goods, you  should return the goods to us within a reasonable time period and take reasonable care in doing so.

6.4  Goods should be returned in the original packaging, are complete and in 'as new' condition (for example, if the packaging has been opened to examine the product/s you must have done so without damaging the product/s in any way).

6.5  You have a duty to take reasonable care of the products while in your possession and during the cancellation period to maintain them in the condition in which they were supplied by us. If goods are damaged or your use of the goods has gone beyond your right to reasonably inspect and assess the goods, Music Store reserves the right to seek recompense.

6.6  The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances: -

6.6.1  in the case of digital content and of copyrighted goods (all software, media and sample CDs) where the packaging has been unsealed and/or the product has been registered

6.6.2  for Health and Safety reasons to products such as microphones, headphones, earphones, in-ear monitoring devices and brass and woodwind mouthpieces that have been used or where the hygienic seal has been removed or broken and

6.6.3  to any products that we have made to your specification or customised specifically for you

6.6.4  any goods that have been registered will be considered as personalised and non-returnable. If you are able to supply written evidence from the manufacturer, or their website, that the product has been de-registered, or you have not registered the product, then we will accept the return. We retain the right to reject the return of registered equipment within 6 months and you will be responsible for repaying the full amount.

6.7  If a fault should occur with your product outside the cancellation period and within the 12 month manufacturers' warranty period, you may wish to take your product to any manufacturer’s authorised repair centre (with a copy of your online receipt from us) or you may wish to return the product/s to our returns department, with a copy of your online receipt and a full written description of the fault. Our returns department can send your faulty product/s to the manufacturer or authorised service centre on your behalf. If the product is found to be faulty we will repair it free of charge and return the product/s to you. If we or the manufacturer are unable to repair your product within a reasonable period of time then we can offer you the choice of a full refund or to supply you an alternative product equivalent

6.8 Music Store THREE YEAR WARRANTY

6.8.1  In addition to the manufacturer’s standard warranty period, we guarantee that all products (exceptions listed below) will be free from manufacturing defects for three years from the date of purchase.

6.8.2  Subject to clause 6.9.3 below, defective products (exceptions listed below) will be repaired free of charge or, at our option, replaced by a fully functional equivalent (in some cases a later version), If no equivalent product is available we‘ll discuss an alternative settlement with you, providing that the products are returned to us suitably packaged within a three year period, together with a copy of the original sales invoice.

6.8.3  All products (exceptions listed below) are guaranteed for this three year period provided that:

6.8.3.1 the products have not been subject to abuse, mishandling, used beyond the limits specified by the manufacturer or Music Store in either written or verbal form, or subject to damage or loss from ordinary use;

6.8.3.2  the items are not designed for short term usage or have a natural short life span;

6.8.3.3  you have complied with the instructions contained in the manual and any technical instructions for use of the products including those relating to adequate maintenance and care;

6.8.3.4  the products are not powered with an unsuitable power supply, power source or battery or subject to adverse environmental conditions and

6.8.4 The following products are not covered by the 3-year warranty

6.8.4.1  All products manufactured by Apple

6.8.5  For the avoidance of doubt, any repair or replacement of a defective product within the three year period will not renew or prolong your guarantee beyond that period.

6.8.6  In the event that you delay in notifying us of the defect in the product and additional damage is caused by that delay, we reserve the right to reduce our liability accordingly. 

6.9  The provisions of clause 6.7, 6.8 and 6.9 do not affect your statutory rights.

6.10  Your guarantee is not transferable with ownership, so if you give or sell the item to someone during the guarantee period, it will not be covered.

6.11  What’s not included?

There are some specific exclusions from our guarantees, as follows:

Repair costs caused by external factors such as computer viruses, faulty software, fire, theft, and weather (including lightning damage).

Accidental damage, for example if your item has been dropped. You may find that this type of damage is covered by your household contents insurance policy.

Consumables such as guitar strings, tubes, storage media, fuses, light bulbs etc.

Data loss.

Cosmetic items such as scratches, dents, corrosion or colour where the function of the product is unaffected.

Any loss suffered as a result of not being able to use the product, or any loss over and above the purchase price of the original item.

Servicing, inspecting or cleaning of the product; and failure to follow the manufacturer’s instructions and/or installation guidelines.

Deliberate damage or neglect of the product.

Complaints procedures

If you wish to make a general complaint, please send us an email or contact our callcenter. Your query will be dealt with by our order-management.

If you would like to complain about a specific issue with your order, i.e. missing or damaged items,  you can contact our customer service-center any time. Please make sure that you provide your order details so that we can then liaise with the relevant courier company to investigate any issues and the warehouse to raise relevant credits/refunds/replacement items.

LICENCE

7.1  You are permitted to print and download extracts from this website for your own use on the following basis:

7.1.1  no documents or related graphics on this website are modified in any way;

7.1.2  no graphics on this website are used separately from accompanying text; and

7.1.3  any of our copyright and trade mark notices and this permission notice appear in all copies. 

7.2  Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website. 

7.3  Subject to clause 7.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. 

7.4  Any rights not expressly granted in these terms are reserved. 

SERVICE ACCESS

8.1  While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.

8.2  Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 

LINKS TO AND FROM OTHER WEBSITES

9.1  Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

9.2  If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:

9.2.1 you do not remove, distort or otherwise alter the size or appearance of the Music Store logo;

9.2.2  you do not create a frame or any other browser or border environment around this website;

9.2.3  you do not in any way imply that we are endorsing any products or services other than our own;

9.2.4  you do not misrepresent your relationship with  us nor present any other false information about us;

9.2.5 you do not otherwise use any Music Store trademarks displayed on this website without our express written permission;

9.2.6  you do not link from a website that is not owned by you; and

9.3  your website does not contain content that is distasteful, offensive or controversial, defamatory, causes annoyance or inconvenience, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 10.3 for breach of these terms and to take any action we deem appropriate.

9.4  You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.3.

REGISTRATION

10.1 Music Store do not discriminate on the basis of age, race, nationality, gender, sexual orientation or religion. However; persons under the age of 16 should only use the website with the consent of their parent or legal guardian. We encourage all parents and guardians to monitor the Internet use of their children. Use of this website by any user shall be deemed to be a representation that the user is 16 years of age or older.

10.2  Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

10.3  Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

10.4  We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. 

DISCLAIMER

11.1  While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.

11.2  The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website. 

11.3  If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

LIABILITY

12.1  Save as precluded by law, we and any of our group companies, officers, directors, employees, shareholders or agents of any of them will not be liable for any  losses or damage that you suffer under the contract which were not a foreseeable consequence of breach of the contract. We are not responsible for indirect losses which were not contemplated at the time of the contract including, but not limited to, any loss of income or profits, loss of business or goodwill, loss of data, loss of opportunity.

12.2  We are not liable for losses that arise in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website. 

12.3  Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) or any liability which cannot be excluded or limited under applicable law.

12.4  If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 

12.5  You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

IMPOSSIBILITY OF PERFORMANCE

Music Store shall be relieved of its obligations to perform the contract to the extent that the performance thereof is prevented by events or circumstances beyond our reasonable control including, but not limited to, fire, industrial dispute, war, labour disturbance or causes beyond our reasonable control.

COMMENTS, QUESTIONS & COMPLAINTS

14.1  Music Store welcome your feedback, however, any comments, ideas, notes, messages, suggestions or other communications sent to us regarding the website and / or the products and services we provide shall be and remain the exclusive property of Music Store, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.

14.2  We will always - as a matter of courtesy request your permission before publishing such feedback in any publications available to the general public or on the Music Store website.

GOVERNING LAW AND JURISDICTION

15.1  These terms and conditions shall be governed by and construed in accordance with German law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the German courts.

15.2  We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws

MISCELLANEOUS

16.1  You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

16.2  If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

16.3  Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

16.4 Retention of title: please note that we retain the ownership of the goods up until the complete payment of the agreed compensation.

Our Use Of Cookies And Other Information-Gathering Technologies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. The information is used to track visitor use of the website and to compile statistical reports on website activity. Currently we operate an 'implied consent' policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete Music Store cookies having visited the site, alternatively you can browse the site using your browser's anonymous usage setting (called "Incognito" in Chrome, "In Private" for Internet Explorer, "Private Browsing" in Firefox and Safari etc...) For further information about cookies please visit www.aboutcookies.org or www.allaboutcookies.org. You can also set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, please be aware that in a few cases some of our website features may not function if you disable cookies in your browser.

How We Protect Your Information

We will use all reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet.

We have put in place the following security procedures and technical and organisational measures to safeguard your personal information : Firewalls, Browser Certification Technology, Encryption, Limited Access, Use of Passwords and 2 Factor Authentication where appropriate.

Links To Other Websites

Our website contains links to other websites. This privacy policy only applies to this website so when you link to other websites you should read their own privacy policies.

General terms and conditions MUSIC STORE professional GmbH

§ 1 General

(1) Our general terms and conditions apply for our customers exclusively and regardless of their way of ordering (be it by phone, fax, email, internet or store purchase). They are subsequently called „AGB“.

(2) Pursuant to our AGB, customers are consumers as well as entrepreneurs. A consumer is a natural person who enters into a legal transaction for a purpose that mainly does not involve action within the framework of a commercial or other independent professional activity, § 13 BGBG / German Civil Code. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession, § 14 BGB (German Civil Code).

(3) Contrary conditions deviating from our AGB will not be acknowledged unless we have expressly and in writing given our consent in regards to their validity. Our AGB also apply when we do deliver implicitly, although being informed of a contrary and deviating condition.

§ 2 Offer and conclusion of contract

(1) The offering of our products in the Online Store’s catalogue as well as in newsletters, catalogues and other ads are non-binding and subject to change without notice. The display of our products in these media does not represent a legally binding offer, but is only an invitation for the customer to make an offer (invitatio ad offerendum).

(2) In case of an order in the online-shop, the customer makes a binding offer once he has clicked on the button “order now” for all items in the shopping cart.
Before delivery, we enable the customer to review and, if necessary, correct the order regarding its correctness and the data of value and quantity. After sending the order, the customer receives an order confirmation (= confirmation of order reception) which is not to be considered our accepting of the contract. 

(3) Auction

If an item is offered in our Online Store within the auction categories, in our eBay shop or on the general eBay-websites (eBay-user name “musicstorekoeln“), the activation represents the legally binding offer to conclude a contract. 
The customer accepts this offer via bidding. Through bidding and clicking on the button „Place bid“, the customer states a binding purchase offer in regard to the auctioned goods. The bid expires when a third party makes a higher bid during the time of the active auction. With the end of that particular auction’s duration, a contract is concluded with the highest bidder at the end. The purchase price is determined by the highest bid. 
If in an online auction, an item is marked with the function „Buy It Now“, a contract is concluded with the customer to that fixed price, regardless of the end of the auction period and without the auctioning process, when the customer choses this option through clicking on the button „Buy It Now“ and furthermore confirms the aforementioned. After contract conclusion, we send an order confirmation and further order data to the customer. 
It is mandatory for the customer to give accurate data and information (such as name, address, email address, bank data etc.) which is needed for the auction- and purchase processing.

(4) We save the contract text and send the customer the order data as well as the general terms and conditions and the declaration of revocation via email. The customer can, if he is registered, access and view the customer log-in area.

(5) Should the item not be available although a corresponding transaction has been made, we reserve the right to not fulfill the contract. In such a case, the customer is notified immediately. Potential considerations will be credited to the customer and, if desired, reimbursed. Further customer claims are excluded.

§ 3 Delivery conditions

(1) Delivery within the Federal Republic of Germany will be free of shipping costs starting from a purchase order value of € 25,00. For deliveries with a purchase order value of under € 10,00, we charge a surcharge for small quantities of € 2,50.
 Delivery outside of Germany occurs pursuant to the current schedule of delivery charges.

(2) Deliveries to Switzerland as well as other Non-European countries, additional fees and customs duties arise.

(3) In case of urgent deliveries, we offer express delivery to the customer. The arising extra costs will be charged to the customer.

(4) Should a shipping of the item be necessary by means of a special forwarding company due to the total volume or total weight, the delivery occurs free curb. Additional agreements in regards to further shipping performances (transport into the apartment/ house) will have to be made by the customer with the forwarding agency. Additional costs are to be paid by the customer.

(5) If the customer is an entrepreneur, delivery occurs at the risk of the customer. This applies as well in case of partial deliveries. In case of the customer being a consumer according to § 13 BGB, the risk of accidental destruction or accidental damage of the machine is transferred to the purchaser upon conclusion of the contract. The delivery shall be tantamount to the customer's default in accepting.

(6) We reserve the right of partial deliveries in case of non-available items to a reasonable degree for the customer.

(7) As far as a cooperation of the customer is necessary, delivery time does not start before the customer has not met that obligation.

(8) Obstacles beyond the freight forwarder's control relieve him, for their duration, from the duties that are affected by these obstacles. Obstacles can be strikes and lockouts, force majeure, riots, war or terroristic acts, administrative measures as well as other unforeseeable, unavoidable and major events. These events can also be deemed unforeseeable and unavoidable (such as, f. e., delay in delivery by subcontracting companies, lack of raw material or energy, considerable operational disturbances due to, f.e., the complete or partial destruction of the business or the breakdown of an indispensable manufacturing plant), when they would make the delivery unreasonably hard or temporarily impossible. 
In case of an exempted obligation to perform, every contractual party is obliged to immediately notify the other party and to reduce the repercussions on the other party as much as possible. 
If the performance is permanently impossible, the customer’s statutory rights remain unaffected.

(9) If in case of delivery the acceptance is declined by the customer, if he has stated an inaccurate delivery address or if the goods cannot be delivered due to other reasons that are the customer’s risk, the customer is obliged to bear all of the freight costs and fees.

(10) Immediately after delivery, the customer or his representative are to examine the goods in regards to its completeness and transport damages. Ascertained transport damages are to be reported immediately. The customer has to have damaged packaging conformed in written form by the transport company when delivery occurs.

§ 4 Prices and payment procedure

(1) Price modifications for consumers are admissible if the time span between the conclusion of the contract and the agreed date of delivery of the goods is longer than 4 months. Should the wages, cost of materials or other cost factors change thereafter up to completion of delivery, we are entitled to adjust the price appropriately in accordance with the changes in cost. Customer may withdraw from the agreement only if the aforesaid price increases more than moderately and exceeds the increase in the general cost of living.
If the customer is a corporate customer, the agreed price applies. In the event that the price has risen by the time of performance as a result of a changed market price or as a result of remunerations owed to third parties, which may have been brought into the performance process, having risen in the meantime, the higher price shall pertain. If the increased price differs from the agreed price by 20% or more, the customer shall have the right to rescind the agreement. This right must be asserted by the customer immediately after the notification of the increase in price.

(2) Full payment is to be made within 10 days after having received the goods without discount, if not otherwise agreed. The legal rules concerning the consequences of late payment apply, if not otherwise agreed.
After an extension period of two weeks, we shall be entitled to reject further fulfillment and demand 25% of the purchase price as a flat rate compensation if the customer is in default and/ or the customer refuses the ordered goods and/ or declares the cancellation of contract. We explicitly reserve the right to assert higher claims. We expressly state that the customer has the right to prove that no, or only limited, loss or damage has been incurred.

(3) By a cash on delivery, you pay directly with the delivery by the parcel service. Payments with credit cards are being charged to your account with the dispatch of the goods. 
In case of payment through an internal financing, the first down payment will be made through cash on delivery. The further installments will be paid by regular deductions from your giro account. 
In case of payment by Paypal, please log into your Paypal-account. Afterwards you are free to pay via debit entry, credit card, online wire transfer (through giropay) oder deduction from your Paypal account. To pay with your credit card or deduction, you will need to enable these functions in your Paypal account. Further information regarding the Paypal-payment procedures can be viewed here https://www.paypal.com.

(4) We expressly reserve the right to refuse checks and other payment methods. The acceptance takes place always only as payment. Payments in foreign currency are credited according to our bank statement.

§ 5 Retention of title

(1) In the case of contracts with consumers we retain the ownership of the goods up until the complete payment of the agreed compensation.

(2) Regarding contracts with business clients, we reserve the right of ownership of the goods until after the settlement of all claims on the client, even if the actual goods have been paid already.

(3) Until such time as the property ownership has been transferred, the customer has to inform us immediately in writing if the delivered goods are impounded, or exposed to other interventions of third parties. Unless third parties are incapable of reimbursing our judicial and extrajudicial costs for an action as per § 771 ZPO, the customer shall be liable for any expenses defrayed by our company.

(4) In the event that a corporate customer intends to resell/ rent out the separate property, he shall transfer the claims resulting from any such business against his customers to us as security already at this point in time until our claims have been settled. If the conditional commodities are further processed, altered or brought into connection with other goods, we immediately acquire ownership of said manufactured item, that will serve as goods that are subject to reservation.

(5) If the total value of the securities exceeds our claims on the purchaser from our current business relationship by more than 20%, when so requested, we are under obligation to release securities to which the purchaser is entitled at our discretion.

§ 6 Extended right of return

(1) In addition to the legally required 14-days-right of withdrawal concerning distance selling contracts, we offer every consumer pursuant to § 13 BGB an additional 16-days-returning rights:

The MUSIC STORE 30-days-money-back-guarantee for Distant Selling
Customers that have concluded a distant selling contract with us have the right to return the delivered goods without having to name certain reasons within 30 days. The time limitation starts after reception of this instruction in written form, however not before the goods are actually delivered to the customer (in case of continuing deliveries of similar goods not before reception of the first partial delivery) as well as the fulfillment of all information duties of Distant Selling and e-commerce (please see § 4). To comply with the notice period, timely dispatch of the merchandise or of the return demand is sufficient. It will have to be stated if the amount is supposed to be credited to the customer account, reimbursed or credited to another product.

The MUSIC STORE 30-days-return-guarantee for In-store-purchases
Customers, that have made In-store-purchases and who therefore and by law do not have a right to withdraw or return the goods, may nevertheless return the delivered goods within 30 days in the store for issuance of a credit note. Back transmission and transport costs will not be refunded.

For those additional rights of return (30-days-money-back-guarantee/ 30-days-return-guarantee), the following conditions apply:



a) In case of Distant Selling businesses, we bear any additional back transmission costs, if the weight of the goods is under 31,5 kg and the purchase price of those products exceeds 40,- Euro. The customer may request a „DHL-Paketmarke“ in order to receive a free transport by DHL. If the weight exceeds 31,5 kg, a collection via UPS or forwarding agency can be arranged through us (fees). Unfortunately, we cannot bear any returning costs for foreign shipments within our MUSIC STORE 30-days-money-back-guarantee.

b) At present exempt from that rule are all items that are subject to wear and tear, such as, f.e., pickups, pipes, illuminants, sticks, strings, skins, cables, unsealed or opened software that has been in original package, digital contents, keys and books, all products of the company Apple, customized computers (for and/ or by the customer), customized cables and yard goods, other special designs and goods, goods that have been ordered especially for the customer and is not on-stock-commodity, and all products that cannot be resold due to hygienic reasons, such as, f.e., InEar-systems, headphones, microphones for vocal recordings, harps, pop and wind screens, wind instruments, mouth pieces, etc. Also excluded are all products that have a software in their scope of delivery.

c) If separate components in a bundle are returned within the extended rights to return, the items that stay with the customer due to his order will be calculated with their regular purchase prices.

d) The goods have to be returned in their original packaging as well as outer packaging, including all of the equipment and without any wear or tear. MUSIC STORE professional GmbH reserves the right to retain a compensatory (deducted purchase price) in case of goods that are obviously impaired through use, alternatively to refuse returning the goods to the customer.

e) The statutory right to withdraw from the contract within 14 days in case of postally ordered goods remains unaffected. The conditions as mentioned in the section „Extended right of return“ do not apply for the first 14 days (statutory revokement right in case of distant selling business) of the 30-days-money-back-guarantee, but only in the subsequent 16 days.

(2) Excluded from the aforementioned rights of return are all financed transactions, be it that the financing has occurred through our offered internal short term financing or the regular financing by a bank.

§ 7 Liability for defects

(1) If the customer is a consumer, we are liable in case of defects in accordance with the legal provisions.

(2) If the customer is an entrepreneur, the terms of guarantee for damage claims for new items is one year, for used items six months. Duty to give notice of complaints and duty of inspection assertion of the customer's defect rights presumes that the customer has correctly fulfilled his duties of inspection and duties to give notice of complaints in accordance with § 377 HGB (German Commercial Code).

(3) Should defects occur, the customer shall be able to claim ex gratia repair or ex gratia replacement of the defective. In the event subsequent performance should finally fail, the customer may withdraw from the contract or reduce the compensation.

(4) If the customer is a consumer, we organize and pay the customer’s goods’ back transmission within the EU if the goods are damaged and the case is within the limitation period. Please contact us under +49 221- 8884 - 1610. We reserve our right to rectify any defects through a service partner of the manufacturer or the company MUSIC STORE professional GmbH.

(5) Details concerning the time to repair are generally non-binding, unless there has been an agreed appointment. During time of repair, the customer has no claim for a rental device.

(6) The usual and product-typical wear and tear of wear parts such as strings, illuminants, headlight LEDs, sticks, batteries, potis, fader, laser diodes, pitch bender, keys, switches, all pipes (even installed), tune reeds of harps, melodicas and accordions etc. are not included in the warranty.

(7) If the customer has made demands due to a warranty case and if it turns out that no defect had existed or that the existing defect had another background which would not be deemed a warranty case, the customer has to bear the costs that arise for us. This does not apply when the customer is a consumer.

(8) Even in the case that the goods are being exchanged by us within the warranty period, the limitation time does not start anew. All claims end two years after reception of the (at first) damaged item.

§ 8 Liability for damages

(1) Our liability for contractual breaches of duty as well as for offences is limited to premeditation and gross negligence. This shall not apply for damages arising from injury to life, body or health. Unaffected by this remains also the liability, where a cardinal obligation has been violated, i.e. an obligation whose fulfillment is a prerequisite for enabling the proper fulfillment of the contract in the first place and in which the customer may normally trust; as well as default cases (§ 286 BGB – German Civil Code). The imperative provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

(2) The above mentioned liability exclusion is also valid for slightly negligent breaches of duty caused by our auxiliary persons.

(3) If claims for damages against us are excluded or limited, this shall also apply with respect to the personal liability for damages of our employees, workers, collaborators, representatives, and agents.

§ 9 The MUSIC STORE 3-years-guarantee

In addition to the standard warranty, we offer all consumers the advantage of an acceptance for a total of 3 years to the following conditions, beginning on the transfer of risk, for all defects that occur in this period, which are demonstrably traceable to a material or manufacturing error.

a) Excluded from the guarantee are

- Apple computers as well as other computers and computer items,

- wear-and-tear-products, such as, f.e., strings, skins, illuminants, headlight LEDs, sticks, cymbals, batteries, cables, bags, cases, belts, potis, fader, laser diodes, pitch bender, keys, switches and pipes (even installed), tune reeds of harps, melodicas and accordions etc.

- service-exchange parts.
b) We furthermore exclude from our warranty

- product defects that are a result from misuse or failure to observe the instructions, improper handling, overload or lack of care,

- damages and defects of the product through use of unsuitable third-party parts that had not been part of the original product,

- products that the customer has tried his own modifications on,

- products with minor deviation of the authorized condition that are insignificant for the product’s value and usability.
c) For all acknowledged defects within the warranty period, the correction of the defects occurs at our discretion, namely either through a free repair or a technically flawless substitute. The substituted parts or products become the property of the company MUSIC STORE professional GmbH.
d) Claims have to be asserted within the period of warranty. The return of the goods have to be coordinated with us. We will either arrange a collection or send a Freeway-ticket (only in Germany). The customer bears all shipping costs of the return outside of Germany. As prove for the guarantee, the original invoice or a copy thereof has to be included in the return shipment. We do not accept freight collect return.
e) If, after a guarantee case, the goods have to be sent back to an address outside of Germany, the customer bears the shipping costs.
f) Other claims than the right called in these guarantee terms on removal of the defects of the product are not founded by this guarantee.
g) If the product is defective whilst under warranty, the limitation period will not start anew but will rather run its original course.
h) Only the original buyer has a claim on warranty. The claim expires upon resale of the product by the original buyer. It is not transferable.

Please note: The advantage of our MUSIC STORE 3-year-warranty is offered to our customers in addition to the statutory warranty. The statutory warranty and the right for withdrawal of contract for consumers remain unaffected by the Music Store 3-year-warranty.

§ 10 Place of performance – applicable law - jurisdiction

(1) Insofar as nothing else is stated in this contract, our registered office shall be the place of fulfillment and the place of payment. The legal stipulations regarding places of jurisdiction shall remain unaffected, if not stated otherwise in (3).

(2) For this contract, German Law applies with the exceptions of private international law and the UN sales convention. Excluded from the choice of law are solely district stipulations of the EU-customer protection law of the customer´s permanent country of residence, since when doing transactions with consumers, the law might be applicable, where the consumer has his / her usual residence within the European Union, if consumer protection rules are concerned.

(3) For contracts with merchants, bodies corporate under public law or bodies with special assets under public law, the court of our registered office is the exclusive place of jurisdiction in Cologne/ Köln (Local/ Small Claims Court or Superior/ District Court). The MUSIC STORE professional GmbH however is also entitled to sue the customer at the place of general jurisdiction.

§ 11 Limitation

(1) Statutory limitation is 3 years pursuant to § 195 BGB. This period also applies for gift certificates, vouchers and credits.

(2) Our payment claims’ limitation time is 5 years, deviating from § 195 BGB. It starts pursuant to § 199 BGB.

(3) Our claims against our suppliers fall under statue of limitation with a period of 3 years, deviating from the statutory regulations.

For Distributors that are not obligated and are not prepared to take part in a dispute settlement procedure: Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides an online dispute resolution platform (OS), which can be found at https://ec.europa.eu/consumers/odr/main/index.cfm. We are not obligated and are not generally willing to participate in a dispute resolution procedure before a consumer-enforcement agency.