An der Eselsbrücke 7
All orders are placed under the Terms and Conditions of this Agreement which exclude any other terms of business that the contracting party seeks to impose even though they may be submitted in a later document and/or purport to exclude our terms of business. No amendment to these Terms and Conditions may be made unless expressly accepted by us in writing.
MusicTrade24 is entitled to amend these Terms and Conditions and all possible enclosures at any time. Previously accepted orders are subject to the prior Terms and Conditions.
3. Prices and Content
Only those prices do apply, that are shown at the time of order. If we release new prices in price lists, web pages or other publications, previous prices are no longer valid. The period of validity for time-limited offers is displayed where those offers are listed respectively.
All prices are in Euro and exclude shipping cost. Our online checkout procedure leads customers to a confirmation page, that shows net prices and the Value Added Tax (VAT) seperately. All other prices are final customer prices and contain statutory German VAT as far as the customer does not change its customer form to merchant.
Heavy items, for example a Piano to the Channel or Shetlands etc. may require a further quotation - please e-mail us at firstname.lastname@example.org or call us in case of any Questions.
We always charge you exactly the amount that we have to pay to the carrier.
Should you ever have the impression that you had to pay too much for your shipment, please get back to us. We´ll double check the costs for you
4. Contract Conclusion
The customers order is an offer to enter into a purchase contract. The following receipt sent from MusicTrade24 by e-mail just recapitulates the transmitted data and is no acceptance of this offer.
We may accept this offer by sending a written order confirmation (e-mail will suffice) or by delivering the goods.
5. Delivery and Retention of Delivery
Delivery of stocked items is normally within 2 working days of receipt of order. We indicate estimated delivery times for items out of stock on request. In case of a delay in delivery, we discuss further course of action on request. The decision whether a partial delivery is made, shall be at the sole discretion of MusicTrade24 . Subsequent deliveries linked to the same order will be free of shipping costs.
If the delivery is impossible or demands unreasonable measures, MusicTrade24 shall be entitled to terminate the contract. Furthermore, MusicTrade24 is not liable for any failings by the carrier.
6. Payment and Delay of Payment
New customers settle primary orders by Prepayment - Customers who specify a German shipping address may also pay by Cash On Delivery (C.O.D.).
MusicTrade24 hereby reserves the right to execute the order only against C.O.D. or Prepayment in individual cases, or in the event that a bank has rejected payment. In such cases, the customer will be notified and shall be entitled to revoke the order.
Regular customers with proper payment behavior, established large-scale enterprises and state-approved institutions may also pay by Remittance or Direct Debiting. Direct Debiting requires a German bank account. MusicTrade24 has to affirm the desired payment method in any case. When using a Direct Debiting, the invoice amount will be debited immediately after dispatch.
Any due payment that is not settled in full within ten (10) days from date of invoice is overdue and we will issue a first overdue notice to serve as payment reminder. If the account is still overdue after the second overdue notice, MusicTrade24 categorically employs a debt collecting agency to collect any or all sums due. All measures taken by the debt collecting agency cause additional fees at the expense of the defaulting customer.
The retention of payments by the customers for counterclaims resulting from unrelated contracts shall be excluded.
7. Passing of Risk
The risk of loss or damage to the goods shall pass to the customer as soon as the goods are handed over to the customer.
The term "consumer" is regulated by the German Civil Code (§13 BGB). The German Mail Order Business Act (Fernabsatzgesetz) regulates the consumers right to return goods and withdraw from the contract.
As a consequence, consumers within the meaning of §13 DGB may revoke their declaration to conclude a sales contract within a period of two weeks in writing (e-mail will suffice) without stating a reason or by returning the goods. The term commences earliest upon receipt of this legal instructions. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be addressed to:
The consumers right of revocation and the right to return goods do not apply for sound carriers, videos or software if the data media has been unsealed. Activation codes and licenses already registered to the consumer, are also excluded from this right and can neither be redeemed nor returned.
In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. The purchase contract will be annuled and appendant payments will be refunded within 14 working days via bank transfer. The customer must fulfil his obligations to refund payments within 30 days after posting of the revocation.
9. Warranty and Returns
MusicTrade24 ensures that delivered goods are free from defects in material and workmanship at the moment when risk in goods passes to the customer. The customer must examine the consignment promptly upon receipt and notify MusicTrade24 in writing if any items or components were not free from defects or not included in the shipment. If we do not receive such a notification of defects within two weeks from date of delivery, the goods shall be deemed to be approved and accepted.
As circumstances demand a return consignment, the customer must contact us in order to clarify the next steps. This is required, because there are several options to consider and the parcel is likely to be picked up. According to the defects reported, we will try to remedy the defect, try to get a replacement from the vendor, or possibly annul the contract in the customers interest. Payments that correlate with an annuled contract will be refunded.
MusicTrade24 is authorised to choose between curing the defect and delivering a defect-free good as subsequent performance. Partial exchange of goods and parts shall be admissible. If return is justifiable and we fail to replace the goods or fail to refund the purchase price, the entitled customer has the right to claim reduction or to withdraw from the purchase agreement.
MusicTrade24 shall not be liable for normal wear and tear of the good or defects which are a result of incorrect or negligent handling or treatment or which are caused by unusual conditions of use. The statutory warranty term is two years.
10. Retention of Title
All items delivered by MusicTrade24 remain its property until such items have been paid in full and all claims resulting from the transaction have been met.
According to the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) we do hereby indicate that information given by our customers is stored and processed by computer systems for the purpose of fulfilling the corresponding orders. The customers personal data is kept in confidence.
If you loose the documents of your order, you may want to contact us. We will be pleased to send you a carbon copy of the data that was stored.
12. Place of Implementation und Jurisdiction
If the customer is a merchant or does not reside within the European Union, MusicTrade24's business location shall be the exclusive venue for all legal disputes between the contract parties.
Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.
13. Final Clauses
If any parts or individual formulations of this text do not meet, no longer meet or do not completely meet the currently valid legal position, the contents and validity of the other parts of the document shall remain unaffected by this. Invalid provisions shall be replaced by such provisions which are valid and come closest to the commercial purpose intended by the parties.
The Agreement shall be construed as a German contract. The original and only binding language of the Agreement is German. There is no guarantee for this translation to be correct and complete. Variations of the terms can not be used to dodge or cancel our Terms & Conditions in German.