General Terms and Conditions 1. scope of application For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them. 2. contracting party, conclusion of contract The purchase contract shall be concluded with Stein Music Pro GmbH. By placing the products in the online store, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail. 3. contract language, contract text storage The languages available for the conclusion of the contract are German and English. The contract text will not be stored by us. 4. delivery conditions In addition to the stated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers. In addition to the stated product prices, shipping costs will be added. You can find out more about the shipping costs in the offers. In principle, you have the option of collection from Stein Music Pro GmbH, Hingbergstr.103a, 45468, Germany during the following business hours: Workdays We do not deliver to packing stations. 5. payment In our store you have basically the following payment methods at your disposal: Credit card With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged. SEPA direct debit With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited before the goods are shipped. The period for advance notice of the date of the account debit (so-called prenotification period) is 1 day. PayPal, PayPal Express In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process. Sofort by klarna After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited. Purchase on account via Klarna In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice are only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here. Invoice You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check. 6. right of withdrawal Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal. 7. reservation of proprietary rights The goods remain our property until full payment. 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 remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. 8. transport damages The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance. Für Unternehmer gilt: Die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung geht auf Sie über, sobald wir die Sache dem Spediteur, dem Frachtführer oder der sonst zur Ausführung der Versendung bestimmten Person oder Anstalt ausgeliefert haben. Unter Kaufleuten gilt die in § 377 HGB geregelte Untersuchungs- und Rügepflicht. Unterlassen Sie die dort geregelte Anzeige, so gilt die Ware als genehmigt, es sei denn, dass es sich um einen Mangel handelt, der bei der Untersuchung nicht erkennbar war. Dies gilt nicht, falls wir einen Mangel arglistig verschwiegen haben. 9 Warranty and guarantees Unless otherwise expressly agreed below, the statutory liability for defects shall apply. In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. With respect to entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery). The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases – in case of injury to life, body or health – in case of intentional or grossly negligent breach of duty as well as fraudulent intent – in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) – within the scope of a guarantee promise, if agreed upon – insofar as the scope of application of the Product Liability Act is opened. Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store. 10 Liability For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation – in case of intentional or grossly negligent breach of duty – in the case of warranty promises, insofar as agreed, or – insofar as the scope of application of the Product Liability Act is opened. – insofar as the scope of application of the Product Liability Act is opened. In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded. 11. settlement of disputes 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 before a consumer arbitration board. 12. final provisions If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business. AGB created with theTrusted Shops Rechtstexter in copperation with FÖHLISCH Rechtsanwälte.