§ 1 General

 

The following terms of delivery and payment form the basis of all offers and contracts for deliveries and services of the seller. They apply to all future business relations, even if they are not expressly agreed again.

 

§ 2 Offers

 

Subject to prior sale. The Seller shall be bound by specially prepared offers for a period of four weeks, unless otherwise stated or agreed.

 

§ 3 Prices, price changes

 

(1) If there are more than four months between the conclusion of the contract and the agreed and/or actual delivery date, the prices of the seller valid at the time of delivery or provision shall apply. This shall also apply to a price increase due to a statutory increase in turnover tax.

 

(2) If the price increases exceed the initially agreed prices by more than 10%, the purchaser shall be entitled to withdraw from the contract.

 

 

§ 4 Delivery

 

(1) Delivery dates or periods, which can be agreed as binding or non-binding, must always be in writing.

 

(2) The acceptance of the order takes place only with the dispatch of the commodity.

 

(3) If the purchaser is an entrepreneur, the place of performance shall be Dettenhausen.

 

The dispatch takes place on calculation of the buyer.

 

The minimum order value in our shop is 15 EUR.

 

The shipping costs are calculated by the seller at cost price.

All postal parcels, UPS, forwarding and registered mail are insured by the seller against all usual transport risks for the account of the buyer.

 

 

 

§ 5 Payment

 

(1) Invoices shall be payable without deduction immediately upon receipt of the delivery, unless otherwise stated or agreed.

 

(2) The delivery of sheet music, sound carriers and instruments to new customers shall only be made against advance payment. Payment by credit card (VISA - Eurocard) is accepted by the seller when the buyer discloses the credit card number.

 

(3) The seller expressly reserves the right to refuse cheques or bills of exchange. Acceptance shall always be on account of payment only. Discount and bill charges shall be borne by the purchaser and are due immediately.

 

(4) The Seller shall be entitled, despite any provisions of the Buyer to the contrary, to first set off payments against the Buyer's older debts and shall inform the Buyer of the nature of the set-off. If costs and interest have already been incurred, the Seller shall be entitled to set off the payment first against the costs, then against the interest and finally against the principal performance.

 

(5) The buyer shall only be entitled to set-off if the counterclaim is undisputed or legally established.

 

 

§ 6 Warranty

 

(1) If the delivery item is defective or lacks warranted characteristics or becomes defective within the warranty period due to manufacturing or material defects, the seller shall, at the option of the buyer, replace or repair the item.

 

(2) If the rectification of defects or the replacement delivery fails after a reasonable period of time, the purchaser may, at his discretion, demand a reduction in the purchase price or rescission of the contract.

 

(3) Claims for damages arising from positive breach of contract, from culpa in contrahendo and from tort are excluded against both the seller and his vicarious agents, unless the damage was caused intentionally or through gross negligence. This does not apply to damages resulting from injury to life, body or health which are based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller.

 

§ 7 Retention of title

 

(1) Until all claims to which the Seller is entitled against the Buyer for any legal reason now or in the future have been satisfied, the Seller shall retain title to the delivered items.

 

(2) In the event of breach of contract by the buyer, in particular default in payment, the seller shall be entitled to take back the delivered goods and the buyer shall be obliged to surrender them to the buyer.

 

(3) The assertion of the retention of title and the seizure of the delivered goods by the Seller shall not be deemed withdrawal from the contract unless the provisions of the Consumer Credit Act apply or this is expressly declared in writing by the Seller.

 

 

§ 8 Data storage

 

Note according to § 33 BDSG: The seller works with EDP and has the name and address as well as the otherwise in the context of the business-like processing required data stored.

 

 

§ 9 Additional information in accordance with the Distance Selling Act

 

revocation instruction

 

right of withdrawal

You can revoke your contractual declaration within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery). The timely dispatch of the revocation or the goods suffices to comply with the revocation period. The revocation is to be addressed to:

 

MTP Musical Instrument Production e.K. - Roland Ekle

Wide wasenring 5

72135 Dettenhausen, Germany

Fax 07157-564719 email: info(at)ekle.de

 

revocation consequences

 

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the performance received to us in whole or in part or only in a deteriorated condition, you must pay us compensation in this respect. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail shop, for example - or if the goods have been delivered to a third party.

is due to the In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value.

 

Items that can be sent by parcel post are to be returned at our expense and risk.

According to these AGB's it is however agreed that with an order in the commodity value of up to 40 euro the orderer has to carry the costs of the return.

Items that cannot be sent as parcels will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.

 

(place), (date), (consumer's signature)

 

§ 10 Place of performance and applicable law

 

(1) Place of performance is 72135 Dettenhausen.

 

(2) German law shall apply exclusively to the exclusion of the laws on the international purchase of movable property, even if the purchaser is domiciled abroad.