General Terms of Trade
§ 1 Terms and Conditions
These terms and conditions apply to all orders made by the consumer via the online shop of
MP Musikhandel GmbH & Co. KG
Wiesenstraße 2-6
69190 Walldorf
Germany
District Court Mannheim, Trade register: HRA 709117
Unlimited partner: MP Musikhandel Verwaltungs GmbH
General Manager: Udo Tschira, Dipl.-Ing. Hubert Dierselhuis
Company domiciled in Walldorf
Local court: Frankfurt am Main Trade register: HRB 117386 (Germany)
hereafter referred to as MP-shop.
A consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor can be attributed to independent vocational activity.
Service Hotline:
Monday to Friday 10:00 am - 06:00 pm and Saturday 10:00 am - 4:00 pm
Phone: +49 5451 909-0
E-mail: [email protected]
§ 2 Contract
§ 2.1 The product description in the online shop constitute an offer to sell. By clicking the button "Add to Cart" you make a binding offer to purchase. The sale of our products are only for private use in normal quantities.
§ 2.2 We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five days. The confirmation of receipt of the order is made by an automated e-mail immediately after placing your order and does not constitute acceptance of the contract.
§ 2.3 If our order confirmation contains clerical or typographical errors, or our pricing contains errors due to technical reasons, then we are entitled to cancel the order. Payments already made will be refunded immediately.
§ 3 Prices
Prices on the product pages include legal VAT and do not include shipping.
§ 4 Shipment costs
The shipment costs can be found at our shipment costs with detailed information about every supplier country.
§ 5 Conditions of delivery and retention for self-supply
§ 5.1 The shipment will be carried out with UPS usually. Bulk goods will be shipped by a haulage contractor.
§ 5.2 Country-specific details about the shipper, the time of delivery, expected transport costs (bulk goods) etc. can be found at our detailed delivery informations.
Important information regarding bulk goods: The haulage contractor will inform the recipient of his arrival by telephone. The haulage contractor is only responsible for delivery to the said address. They are not not responsible for conveying the goods into your house or through stair wells etc. Please ensure that if you are the recipient of heavy bulky goods that you have suitable assistance to carry your goods, neighbor etc.
§ 5.3 If not all of your ordered items are in stock we are able to deliver a part of them at our own cost, only if this is reasonable for you.
§ 5.4 If the delivery is not possible after three attempts, due to circumstances that the recipient has caused, for example not at home at the agreed delivery time, we reserve the right to cancel the contract. Your payments will be reimbursed immediately.
§ 5.5 If the ordered item is not available for delivery due to circumstances relating to the suppliers we reserve the right to cancel the contract. In this case we will inform you immediately and try to find an alternative product for you. If there is no suitable alternative product for you, we will reimburse your payment directly.
§ 6 Terms of payment
§ 6.1 Payment shall be made either in advance, by credit card, Amazon Payments or PayPal. Payment methods may differ in foreign countries.
§ 6.2 In case of advance payment, we will provide our bank details in the order confirmation. The invoice is to be paid within 14 days to our account. When paying by credit card, your account will be debited upon delivery of the goods.
§ 6.3 In default of payment, interest will be charged at the base rate plus 5%. We reserve the right to claim for higher amounts.
§ 6.4 A compensation claim will only be accepted if your claims are legally established in court, or are undisputed and acknowledged by us in writing.
§ 6.5 You can withhold payment only if the claims arise from the same contract.
§ 7 Retention of ownership
The goods remain our property until full payment is made. No transfer of ownership, security deposit or alteration of the goods are to be take place before the complete payment of the goods without our consent.
§ 8 Statutory right of withdrawal
§ 8.1 Please find below the legally required instructions for the terms and conditions of withdrawal for the consumer (§13 BGB), who have concluded a contract with us outside of our business premises or through a distance-contract.
Instructions on withdrawal
You have the right to withdraw your purchase within 14 days without given a reason.
The withdrawal period commences 14 days from the day upon which you or an authorized third party, not including any courier, took delivery of the goods.
In order to exercise your right to withdraw your purchase, you must inform us of your intention to withdrawal by sending a declaration by post, fax or email, using the following contact details:
MP Musikhandel GmbH & Co. KG
Retouren-Abteilung
Fuggerstraße 6
49479 Ibbenbüren
Germany
E-Mail: [email protected]
Tel.: +49 5451 909-424
Fax: +49 5451 909-249
You may use this sample withdrawal form, but this is not compulsory.
In order to exercise your right to withdraw it is sufficient to notify us of your intention to withdraw before the end of the withdrawal period.
Terms of withdrawal
If you withdraw your purchase, we agree to unequivocally refund the total payment received, including delivery costs (with the exception of additional costs in relation to any form of delivery other than our standard cheapest delivery option), within 14 days from the day on which you notify us of withdrawal. For the refund we will use the same payment method with which you made the initial purchase unless you notify us of an alternative payment method. In no circumstances will you be charged fees in relation to the refund.
For goods delivered by package
We reserve the right to delay a refund until the point at which we have received the returned goods or the point at which you send us proof of return.
You must, without exception, return the goods within 14 days of the day on which you notify us of the withdrawal of purchase. You must return the goods by post or in person to MP Musikhandel GmbH & Co. KG, Fuggerstraße 6, 49479 Ibbenbüren, GERMANY. The withdrawal period is valid provided that you return the goods within the period of 14 days.
We cover the costs of returning the goods within Germany.
For bulk goods
We collect the goods. We cover the cost of collecting the goods within Germany.
You must only cover any possible loss in value of the goods if the loss is caused by usage beyond simple testing, inspecting. Appreciation of the goods.
When shipping outside Germany we must unfortunately charge for the costs of returning the product, assuming the delivered goods correspond to the ordered goods.
End of instructions on withdrawal
§ 8.a Exclusions on the right of withdrawal
The right to withdraw does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the Consumer is decisive or which are clearly tailored to the personal needs of the Consumer (e.g. by the meter or measured goods),
- Contracts for the supply of goods that are not suitable for return for reasons of health protection or hygiene (e.g. Harmonicas, Recorders, In Ear Earphones, Hearing Protection),
- Contracts for the delivery of Audio or Video recordings or Computer Software in a sealed package, if the seal has been removed after delivery,
- Contracts for the supply of Newspapers, Magazines or Periodicals with the exception of Subscription Contracts,
- Contracts where the Consumer has expressly requested the Contractor to visit him in order to carry out urgent repair or maintenance work; this shall not apply with regard to other services provided during the visit which the Consumer has not expressly requested or with regard to such goods supplied during the visit which are not necessarily required as spare parts during the maintenance or repair.
Customers from Non-EU countries have no entitlement to this returns policy.
§ 8.b Returns upon exercising the right of withdrawal
Upon exercising your right to withdraw (see "Instructions on withdrawal"), returns within Germany are free of charge if the price of the item to be returned exceeds €40 and if you have already made payment or a contractually agreed partial payment at the time of withdrawal.
When shipping outside Germany we must unfortunately charge for the costs of returning the product, assuming the delivered goods correspond to the ordered goods.
§ 8.c General terms regarding returns
Please avoid damage and contamination. Send the product wherever possible in its original packaging with all accessories and with all packaging components. Use a protective outer packaging.
Please use the enclosed return form for the return of goods suitable for parcel service. This dispatch is then free.
Please note that the terms mentioned under the heading "General terms regarding returns" are not a prerequisite for the effective exercising of the right to withdraw.
§ 9 Extended right of return (30 days money-back)
§ 9.1 In addition to the 14-day statutory right to withdraw package-delivered goods, MP Musikhandel GmbH & Co. KG offers consumers an extended right of return (30 days money-back) for the subsequent 16 days. The customer may return the goods received from us by package-freight without notice and for any reason during the time period of 30 days. The time limit begins after the complete receipt of goods. To meet the deadline the timely return of the goods or sending proof of return to MP Musikhandel GmbH & Co. KG is sufficient. The customer should indicate whether they request an amount to be reimbursed to their account, or to be credited towards the purchase of another product.
§ 9.2 If the customer exercises the extended right of return (30 days money-back) beyond the statutory 14-day withdrawal period, the customer shall bear the cost of return.
§ 9.3 The extended right of return (30 days money-back) is not applicable for
- Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the Consumer is decisive or which are clearly tailored to the personal needs of the Consumer (e.g. by the meter or measured goods),
- Contracts for the supply of Consumables (e.g. Strings, Sticks, Drum Heads, Cables, Picks, Reeds),
- Contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene (e.g. Harmonicas, Recorders, In-Ear Earpieces, Hearing Protection),
- Contracts for the delivery of goods that have special safety properties and for which the continued existence of these safety properties can no longer be guaranteed as a result of use (e.g. Stage Molton due to flame protection),
- Contracts for the delivery of Audio or Video Recordings or Computer Software in a sealed package, if the seal has been removed after delivery,
- Contracts for the supply of Newspapers, Magazines or Periodicals with the exception of Subscription Contracts,
- Contracts where the Consumer has expressly requested the Contractor to visit him in order to carry out urgent repair or maintenance work; this shall not apply with regard to other services provided during the visit which the Consumer has not expressly requested or with regard to such goods delivered during the visit which are not necessarily required as spare parts during the maintenance or repair.
Customers from Non-EU countries are not entitled to the extended right of return (30 days money-back).
§ 9.4 Goods that are returned outside the 14-day statutory right to withdraw and under the extended right to return (30 days money-back) must be returned with all accessories in original packaging or secure repackaging. MP Musikhandel GmbH & Co. KG reserves the right to test any returned used product in the shop as it may have been tested prior to purchase by the consumer, to value the product based on reasonable depreciation and refund accordingly or return the used product to the customer without a refund if necessary.
§ 9.5 All purchases of a finance scheme nature are excluded from the extended right of return (30 days money-back).
§ 9.6 The statutory 14-day right of withdrawal is not affected by provisions for the extended right of return (30 days money-back). The provisions in the above paragraphs within the section "Extended Right of Return (30 days money-back)" do not apply in the first 14 days, which are governed by the statutory right to withdraw, but only during the following 16 days.
§ 9.7 In the case of withdrawal or in the context of the extended return rights, individual items from an order which have been claimed by an individual bundle discount are returned, the bundle discount will expire and the amount will be invoiced subsequently. The monetary amount to be refunded is then the difference between the value of the returned goods and the unsettled item.
§ 10 Transportation damages
§ 10.1 If goods are found to be damaged upon delivery, please report the damage to the carrier and to us immediately.
§ 10.2 Failure to report damage to the carrier does not influence your statutory warranty rights, but assist us in making our claim against the carrier or transport insurance carrier.
§ 11 Guarantee
The warranty is subject to statutory provisions.
§ 11.a Five year warranty for designated products
Musik Produktiv offers a 5 year warranty on specified products via our online shop, catalog, and promotional offers.
This warranty is subordinated to the manufacturer's warranty and applies only to products purchased from MP Musikhandel GmbH & Co. KG.
A proof of purchase will be required for this 5 year warranty.
1. The warranty is limited to free repair of defects due to faulty material and/or workmanship.
2. The warranty grants no right to reduce the purchase price, to rescind the contract, or for damages due to malfunction of the product.
3. Musik Produktiv will either repair a defective product or supply a replacement product at our choice. This can be an alternative product if the original product is no longer available.
4. Warranty is not extended to the following cases:
- Products subject to wear.
- Damage caused by improper use, lack of maintenance, or failure to follow operating instructions.
- Attempted repair by unauthorized persons.
- Damage caused by accident, external force or other circumstance for which MP Musikhandel GmbH & Co. KG is not responsible.
- Minor faults which do not influence the nature of the product.
5. The guarantee applies only in conjunction with the original invoice or Musik Produktiv service pass and must be requested in writing or e-mail within the 5-year period.
6. Warranty service does not lead to the renewal or extension of the warranty period.
7. Please send a copy of the original sales invoice, Musik Produktiv service pass, and a description of the product fault when requesting service. We will repair or replace the faulty product as soon as technically possible.
8. Customers outside of Germany must pay shipping costs for the return of defective goods. The transport risk of sending defective goods lies solely with the customer, whereas the risk of returning repaired goods to the customer lies with MP Musikhandel GmbH & Co. KG.
9. Costs of regular maintenance and service are not covered by warranty.
10. Further claims for damages etc. cannot be derived under the resulting guarantee agreement with MP Musikhandel GmbH & Co. KG.
§ 12 Alternative and Online Dispute Resolution (ADR/ODR)
The Seller is not obliged or willing to participate in a dispute settlement procedure through Alternative and/or Online Dispute Resolution.
§ 13 Final determination
If any provision of these Terms and Conditions are invalid, the remaining terms of the contract shall remain valid.
Frequently Asked Questions
How does the shopping basket work?
Products can be added to the shopping basket by clicking Add To Cart. You can view your shopping basket at any time by clicking the Shopping Basket button, and products may then be removed form the basket. If you want to buy the products in your shopping basket, click the Checkout button.
Do I need to register?
After proceeding to Checkout, you are asked to enter your data. Mandatory fields are marked with an asterisk. You can optionally create an account with us and make future orders by entering your name and password, without having to re-enter your data.
When does my order become binding?
By clicking the Order button, you complete the ordering process. The process can be cancelled at any time by closing the browser window.
Should I save my order?
There is no need to save the order as we send you an e-mail with your order information and terms and conditions. If you have established an account with us, you can go to the customer login area and view your order.