Conditions
General Terms and Conditions
§ 1 Scope of Application
(1) These General Terms and Conditions apply to all business relationships between Ando Music Publishing, Hohenwiesäcker 34 92342 Freystadt-Möning and its customers that are conducted electronically.
(2) The General Terms and Conditions shall apply in their respective version valid at the time of the conclusion of the contract.
(3) The following terms and conditions shall apply to all contracts, deliveries and services unless expressly agreed otherwise in writing.
(4) The following terms and conditions shall apply exclusively. Any terms and conditions of the Customer that conflict with or deviate from these Terms and Conditions shall not be valid unless an agreement to the contrary has been made in writing.
§ 2 Conclusion of contract
(1) The representations and descriptions of the products in the online store of the provider serve to inform the customer and to submit a purchase offer on the part of the customer. The information and descriptions of the products listed in the online store do not constitute a legally binding offer to conclude a contract within the meaning of § 145 BGB. In this respect, it is a non-binding online catalog of the existing range of goods. Contractual obligations, for example in the sense of a delivery guarantee, do not arise from this.
(2) By clicking the button "Order", the customer places a binding order. The order refers to all of the products contained in the shopping cart. The order constitutes an offer to conclude a contract that cannot be unilaterally cancelled by the customer. The offer in the form of the order can be accepted by sending an order confirmation by e-mail or by sending the ordered goods. If individual details of the product range on the website are incorrect, the customer will be informed of this separately after receipt of the order and, if necessary, a corresponding counter-offer will be made. The mere confirmation of receipt of the order does not constitute acceptance of the purchase offer.
(3) Ando Music Publishing reserves the right not to provide the ordered service if it becomes apparent after the conclusion of the contract that the goods are not available, although a corresponding obligation transaction has been concluded. In this case, the customer will be notified immediately. Any services already provided will be refunded. Further claims of the customer are excluded in such a case.
§ 3 Delivery
(1) The delivery of the ordered goods will be carried out immediately to the address specified by the customer in the order.
(2) Delivery is made at the risk of the customer. As soon as the goods have been handed over to a transport company or delivery service, the risk shall pass to the customer. This also applies to partial deliveries. If the customer is a consumer in the sense of § 13 BGB (German Civil Code), the risk of accidental loss and accidental deterioration of the sold item shall not pass to the customer until the item has been handed over, even in the case of a mail order purchase.
(3) The shipping costs result from the amount specified in the confirmation.
§ 4 Retention of title
The delivered items remain the property of Ando Music Publishing until full payment has been made by the customer.
§ 5 Prices
The product prices stated in the online store are gross prices and do not include shipping costs.
§ 6 Due date and payment of the purchase price
(1) The purchase price is due upon conclusion of the contract.
(2) Payment shall be made either by advance payment, Pay Pal, cash on delivery or credit card.
(3) If the purchase price is paid in advance, the customer will be informed of the bank details by e-mail. The invoice amount is to be transferred to the named account within ten days. If payment is made by credit card, the account will be debited upon shipment of the goods.
(4) If the customer is in default, the purchase price claim shall be subject to interest at a rate of 5 percentage points above the respective base interest rate during the period of default. If it can be proven that higher damages have been incurred as a result of the delay, Ando Music Publishing shall be entitled to claim such damages.
(5) Invoice and payment currency is the Euro.
(6) The customer shall only be entitled to set-off if his counterclaims are undisputed or have been legally established.
§ 7 Warranty and Liability
(1) The warranty shall be governed by the statutory provisions.
(2) Claims for damages are excluded, provided that there is no intentional or grossly negligent conduct. This exclusion of liability also applies to the liability of vicarious agents and employees of Ando Music Publishing.
(3) Ando Music Publishing shall be liable for damages other than those arising from injury to life, limb and health only to the extent that such damages are based on intentional or grossly negligent conduct or on culpable breach of a material contractual obligation. Any further liability for damages is excluded. The provisions of the Product Liability Act shall remain unaffected. If an essential contractual obligation is violated negligently, liability shall be limited to the foreseeable damage.
(4) All information on the Internet pages of the online store is subject to change and non-binding. Ando Music Publishing expressly reserves the right to change, supplement, delete or temporarily or permanently cease publication of the Internet pages or information without prior notice.
(5) No liability is assumed for the content of external websites and links.
§ 8 Copyright and trademark law
(1) With regard to all publications, the copyrights of the graphics, sound documents, video sequences and texts used are observed. All within the Internet pages of the online store mentioned information and possibly for third parties protected trademarks are subject without limitation to the provisions of applicable law. The mere mention of a trademark does not mean that it is not protected by the rights of third parties.
(2) The copyright as well as all other protective rights for publications and creations of Ando Music Publishing remain with Ando Music Publishing. Any duplication or use of objects such as diagrams, sounds or texts in other electronic, printed or other publications is not permitted without Ando Music Publishing's agreement.
§ 9 Right of revocation
Cancellation policy
Right of withdrawal
You may revoke your contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or, if the goods are delivered to you before the deadline, by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with. § 1 para. 1 and 2 EGBGB as well as our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with. Art. 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be addressed to:
Ando Music Publishing
Hohenwiesäcker 34
92342 Freystadt-Möning
Germany
E-Mail: info@andomusic.net
Fax: 0049(0)9179-9615984
Consequences of revocation
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 the customer cannot return the received performance in whole or in part, or can only return it in a deteriorated condition, compensation must be paid in this respect, if applicable. 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 for the customer in a store, for example. In all other respects, the customer 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 his own property and by refraining from doing anything that would reduce their value. Goods that can be sent by parcel post are to be returned at our risk. The customer shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of € 40.00 or if, in the case of a higher price of these goods, the consideration or a contractually agreed partial payment has not yet been made at the time of the revocation. Otherwise, the return shipment is free of charge for the customer. Items that cannot be sent by parcel post will be collected from the customer. Obligations to refund payments must be fulfilled within 30 days. For the customer, the period begins with the dispatch of the revocation notice or the item, for Ando Music Publishingwith its receipt.
End of the cancellation policy
The right of revocation does not apply to distance contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs. The same applies to goods that are not suitable for return due to their nature. The right of withdrawal does not apply to distance contracts for the delivery of audio or video recordings, software, if the delivered data carriers have been unsealed by the customer.
§ 10 Final Provisions
(1) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The same shall apply to the validity of the General Terms and Conditions in other respects. The relevant statutory provisions shall apply in place of the invalid provision.
(2) German law shall apply.
(3) Nuremberg is agreed as the exclusive place of jurisdiction for disputes arising in connection with the conclusion of transactions.