The General Terms and Conditions detailed below apply exclusively to business transactions between Musikproduktion Höflich, München (Germany) and its customers. The version current at the time of the conclusion of the contract applies. Customers’ terms which may conflict with, or diverge from, these terms and conditions of trade cannot be accepted.
The description of our range of goods on the internet should not be regarded as an offer to conclude a contract within the meaning of Section 145 of the German Civil Code (BGB), rather it is only for the information of the customer. Musikproduktion Höflich does not accept contractual obligations, such as terms of a delivery guarantee, at this stage. At the time of placing an order with Musikproduktion Höflich, the customer expresses an intention to conclude a contract. The contract with Musikproduktion Höflich comes into force at the time Musikproduktion Höflich accepts an offer. The acceptance takes the form of dispatch of the goods ordered or by sending a confirmation of dispatch. In the case of Musikproduktion Höflich’s inability to accept an offer, this will be notified to the customer in electronic form.
Withdrawal – Instructions on withdrawal
The costumer has the right to withdraw from this contract prior to dispatch.
To exercise the right of withdrawal, the costumer must inform
Musikproduktion Höflich ,
80333 München / GERMANY
ph. +49 (0)89 52 20 81
fax +49 (0)89 52 54 11
If the costumer withdraws from his contract, Musikproduktion Höflich shall reimburse all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from his choice of a type of delivery other than the least expensive type of standard delivery offered by Musikproduktion Höflich), without undue delay and in any event not later than 14 days from the day on which Musikproduktion Höflich is informed about his decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient that the customer sends his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
Musikproduktion Höflich will carry out such reimbursement using PayPal.
Musikproduktion Höflich may accept the return of goods in case of damage or faults not caused by third parties such as shipment providers.The costumer has to return or consign the goods without any delay and in any case within 14 days after he informed Musikproduktion Höflich about his withdrawal and address them to Musikproduktion Höflich.
Supply of goods ordered
Unless agreed otherwise, Musikproduktion Höflich is obliged to deliver the goods ordered as quickly as possible to the address given by the customer. Musikproduktion Höflich is entitled to make partial deliveries, as long as the customer expects this. All risks of shipping pass to the customer as soon as the goods are transferred from Musikproduktion Höflich to the commissioned supplier. This does not apply in cases where the customer is a consumer within the meaning of Section 13 of the German Civil Code. Information about standard delivery dates are non-binding, unless Musikproduktion Höflich has informed the customer in writing in a particular case.
Settlement date and payment of the purchase price
Payment of the purchase price is due within 10 days of receipt of the consignment. Payment can be made either by PayPal (direct debit, credit card, prepayment) or standard bank transfer (for regular customers only). In the case of delayed payment, Musikproduktion Höflich is entitled to charge the customer according to Section 13 of the German Civil Code default interest amounting to 5 % p.a. above the prevailing base rate as determined in Section 247 paragraph I of the German Civil Code. For customers who are not consumers within the meaning of Section 13 of the German Civil Code, the default interest rate is 8 % p.a. above the prevailing base rate as determined by Section 247 paragraph I of the German Civil Code. In addition Musikproduktion Höflich reserves the right to enforce further damages.
Retention of title
Goods supplied remain the property of Musikproduktion Höflich until complete payment of all claims outstanding against the customer has been received.
Guarantee in the case of defects
Musikproduktion Höflich is liable for defects which are present at the point of delivery, but liability is limited to the duration of the legal warranty period. For contracts with consumers within the meaning of Section 13 of the GermanCivil Code (BGB) the warranty period is two years from receipt of the goods. If the costumer is consumer (§ 13 BGB) he is obliged to notify obvious defects within 14 days whereas it is sufficient to forward the claim on time; for non obvious defects a claim within the legal warranty period is sufficient. If the costumer is trader (§ 14 BGB) § 377 HGB will apply for all defects. If Musikproduktion Höflich is responsible for a defect, Musikproduktion Höflich undertakes either to remove this defect or supply a replacement. Musikproduktion Höflich does not accept liability for claims which do not relate directly to the goods, or for lost earnings or other financial losses incurred by the customer unless due to malicious intent or gross negligence. This disclaimer does not apply to injuries to life, body or health.
Collection, processing and use of personal data:
1. Musikproduktion Höflich is committed to protecting the privacy of all persons and to handle their personal data confidentially. The basis for this is the prevailing statutory legal regulations
This contract is subject to the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods does not apply. The place of fulfilment and jurisdiction is München, Germany. The invalidity of individual provisions does not affect the remaining effectiveness of the remaining articles of the contract and these General Terms and Conditions.
80333 München / GERMANY
Director: Jürgen Höflich
Tax ID: DE 130 435 444
München, October 2015