General Terms and Conditions
General Terms and Conditions
Art. 1 Applicability
(1) The present General Terms and Conditions shall apply to all business relations between Musikverlag Edition Walhall (included its music shop NOTEN-BIERSACK), Magdeburg/Germany and its customers, as defined at the time of conclusion of the contract and as far as these refer to business transactions carried out by electronic means.
(2) These General Terms and Conditions shall apply exclusively. Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by Musikverlag Edition Walhall in writing in individual cases.
Art. 2 Formation of Contract
(1) The description of our range of products on the Internet just serves to inform the customers. It is no offer to conclude a contract within the meaning of Art. 145 German Civil Code. Contractual obligations, e.g. within the meaning of a delivery guarantee, do not arise from that for Musikverlag Edition Walhall.
(2) By sending an order to Musikverlag Edition Walhall, the customer offers to conclude a contract. Musikverlag Edition Walhall can accept such an offer within two weeks by sending a message confirming the offer (by e-mail) or by delivering the ordered goods within this term. If individual information on the range of products on the web site is faulty, Musikverlag Edition Walhall shall inform the customer separately after receipt of the order and submit an appropriate counter-offer to him.
(3) The contract with Musikverlag Edition Walhall shall be brought about with Musikverlag Edition Walhall’s acceptance of this offer. A separate confirmation of the acceptance of the offer by Musikverlag Edition Walhall to the customer shall not be necessary. If Musikverlag Edition Walhall cannot accept the offer of the customer, the customer shall be informed about it electronically.
Art. 3 Right of Withdrawal
(1) Instructions on Withdrawal
a) Right of Withdrawal
The costumer has the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day, where the costumer or an entitled third party, who is not the carrier, took possession of the goods.
To exercise the right of withdrawal, the costumer must inform
EDITION WALHALL Verlag Franz Biersack
of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). He may use the attached model withdrawal form, but it is not obligatory.
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.
b) Effects of withdrawal
If the costumer withdraws from his contract, Edition Walhall 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 Edition Walhall), without undue delay and in any event not later than 14 days from the day on which Edition Walhall is informed about his decision to withdraw from this contract. Edition Walhall will carry out such reimbursement using the same means of payment as the costumer used for the initial transaction, unless the costumer has expressly agreed otherwise; in any event, the costumer will not incur any fees as a result of such reimbursement. Edition Walhall may refuse the reimbursement until Edition Walhall has either received the return or until the costumer has given proof that he returned the goods, depending on what is effected at an earlier date.
The costumer has to return or consign the goods without any delay and in any case within 14 days after he informed Edition Walhall about his withdrawal and address them to
The deadline is observed when the costumer dispatches the goods prior to expiration of the 14 days deadline.
The costumer has to pay for the direct return expenses.
The costumer only has to pay for an eventual loss in value of the goods, if this loss in value has to be put down to an exposure not necessary for an examination of quality, nature and functionality of the goods.
- End of right of withdrawal instruction -
(2) Exclusion and expiration of withdrawal right
The right of withdrawal does not apply to
a) contracts for the delivery of audio- or videorecordings or computer software in sealed package, when the sealing has been removed after delivery;
b) contracts for the delivery of goods that are not prefabricated and for those production an individual selection or instruction of the costumer is significant or that were definitely prepared to the costumer's specifications;
c) contracts for the delivery of goods unsuitable for returns, such as antiquarian;
d) with contracts on other deliveries barring the right of withdrawal expressis verbis.
Art. 4 Delivery of Ordered Goods
(1) Musikverlag Edition Walhall shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible. Musikverlag Edition Walhall shall be entitled to make partial deliveries.
(2) The costs for the individual deliveries shall be charged to the customer by Musikverlag Edition Walhall in the respective amount shown.
(3) Information on the terms of delivery shall not be binding, unless specifically otherwise agreed.
Art. 5 Reservation of Ownership
Until complete settlement of all claims against the customer the delivered goods shall remain the property of Musikverlag Edition Walhall.
Art. 6 Maturity and Payment of Purchase Price
(1) The purchase price shall be due upon conclusion of the contract.
(2) Payment shall be made either by direct debiting (only in Germany) or by credit card. Musikverlag Edition Walhall shall act in accordance with the customer’s wishes regarding the mode of payment.
(3) If the customer is in default of payment, Musikverlag Edition Walhall shall be entitled to charge default interest at a rate of 5% per year over the base lending rate in accordance with Art. 1 Discount Rate Transition Law of 9 June 1998 (BGBl. I S. 1242).
(4) The customer shall only be entitled to set-off if his counterclaims have been recognized by declaratory judgment.
Art. 7 Warranty of Quality
(1) Musikverlag Edition Walhall shall be liable for any defects existing upon delivery of the goods for the statutory warranty period.
(2) The warranty period for antiquarian articles, facsimiles and originals is twelve months.
(3) The customer is faced with the choice between Musikverlag Edition Walhall's subsequent performance in the form of repair or replacement. We are entitled, however, to refuse the type of subsequent performance chosen by the customer if disproportionately high costs are associated with such type of performance and if no substantial disadvantage ensues to the customer from the other type of subsequent performance. During the period of subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded. A subsequent performance shall be deemed a failure after the second unsuccessful attempt, unless something else follows from the nature of the matter or defect or from other circumstances. If the subsequent performance has failed or if we have refused the subsequent performance altogether, the customer can demand either the reduction of the purchase price (decrease in value) or the withdrawal from the contract.
(4) The customer cannot claim damages for the defect on the following conditions until the subsequent performance was a failure or we refused any subsequent performance. The right of the customer to claim any further damages on the following conditions shall remain unaffected.
(5) Notwithstanding the aforementioned provisions and the following restrictions on liability, we shall have unlimited liability for damages or injuries to life, body and health caused by negligence of or caused intentionally by our legal representatives, vicarious agents or assistants, as well as for damages covered by the liability under the German Product Liability Act, as well as for any damages resulting from a breach of contract caused wilfully or by gross negligence or fraudulent intent by our legal representatives, vicarious agents or assistants. If we have given a guarantee on the quality and/or durability of the goods or parts of them, we shall also be liable within the scope of this warranty. However, we shall only be liable for damages arising from the lack of the guaranteed quality or durability, but being not directly related to the goods, if the risk of such damages is apparently covered by the guarantee on the goods' quality and durability.
(6) We shall also be liable for damages caused by slight negligence, provided that such negligence concerns the infringement of contractual obligations the fulfilment of which is of particular importance for the attainment of the contract's purpose (cardinal obligations). We shall only be liable, however, if the damages are typically related to the contract or foreseeable. In the event of infringements of non-substantial secondary obligations caused by slight negligence, we shall not be liable. The restrictions on liability mentioned in sentences 1-3 shall also apply as far as the liability for the legal representatives, executive staff and other vicarious agents and assistants are concerned.
(7) Any further liability shall be excluded, notwithstanding the legal nature of the asserted claim. In so far as our liability is excluded or limited, this shall also apply to the personal liability of our staff, representatives, vicarious agents and assistants.
Art. 8 Privacy
All personal information of our customers will be treated confidentially. These information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations, such as the Federal Data Protection Act or the Information and Communication Service Act. The transfer of such information to third parties who are neither involved in the performance of the contract nor affiliates of Musikverlag Edition Walhall, shall be excluded. Musikverlag Edition Walhall shall be entitled to transfer personal information of the customers to affiliates of Musikverlag Edition Walhall for the purpose of credit checking and credit control as part of a data exchange. Musikverlag Edition Walhall shall also be entitled to transfer personal information to the SCHUFA, the General Credit Protection Agency in Germany.
Art. 9 Final Provisions
(1) These General Terms and Conditions are governed by the laws of the Federal Republic of Germany, to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods).
(2) The nullity of any of the provisions herein shall affect neither the validity of the Agreement as such nor the validity of these General Terms and Conditions.
EDITION WALHALL - Verlag Franz Biersack Magdeburg
Edition Walhall, Richard-Wagner-Straße 3, D-39106 Magdeburg/Germany
Tel. +49-391-85 78 20, Fax +49-391-8 52 00 79, firstname.lastname@example.org
Copyright © by Edition Walhall, Verlag Franz Biersack, Magdeburg