Conditions of Use

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Main page » Catalogue » Conditions of Use

§ 1 Identity and address Music-Town GmbH Neubrandenburg Juri-Gagarin Ring 1 (Lindetal-Center) Germany, 17036 Neubrandenburg Business hours: Monday – Friday 10 a.m. – 6 p.m. / Saturday 10 a.m. – 1 p.m. and by appointment CEOs: Alice and Matthias Niedzwetzki Register of companies: local court Neubrandenburg HRB 4907 VAT identification number: DE 812 647 022
Client service Germany:	Client service Anglophone countries:
Phone: 0049.395.581.34-0 Fax: 0049.395.581.34-19 E-Mail: info@music-town.de Web site: www.music-town.de	Phone 0049.395.581.34-21 Fax: 0049.395.581.34-19 E-Mail: info@music-town.com Web site: www.music-town.com
Bank connection Germany :	Bank connection other European countries
Music-Town GmbH Account number: 301 044 10 36 Bank code: 150 502 00 Bank: Sparkasse Neubrandenburg - Demmin PayPal-address: shop@music-town.de (please indicate your order number)	Bank: Sparkasse Neubrandenburger – Demmin Address of the bank: Platanenstraße 11, 17036 Neubrandenburg Swift code: NOLADE 21 NBS IBAN code: DE74 1505 0200 3010 4410 36 PayPal-address: shop@music-town.de (please indicate your order number)
§ 2 Conclusion of the contract The description of our commodities cannot be seen as a binding contract offer. By ordering via Internet, fax, phone or e-mail at our company, the customer submits an obliging offer. We reserve the right to accept this offer. The acceptance is effected by an order confirmation or by the delivery of the goods. If the customers does not receive an order confirmation or the consignment within two weeks, they are no longer bound to their order.
§ 3 Partial delivery We are entitled to deliver in several parts as far as this is reasonable for the customer.
§ 4 Prices The itemised prices include the legal VAT of about 16% at the moment. Please note that it will be raised to 19% on January 1st 2007. If a contract with an agreed delivery time of more than six weeks was placed we reserve the right to modify the prices according to the cost increase as far as we are not responsible for it. If the customers do not agree to the increase in prices they have the possibility to annul the contract. The mailing expenses are charged up extra and will be shown separately on the bill.
§ 5 Consignment and delivery expenses The consignment of the goods within Germany is effected in general by UPS, DPD or the German post. If the commodities are very big or very heavy they will be delivered by a forwarding agency. The delivery to other European countries is effected according to our list of mailing expenses. Please take note of our shipping conditions.
§ 6 Delivery times and disposability a) We always try to execute the delivery as fast as possible. The products in stock will be delivered within five days after the acceptation of the order. We reserve the right to partial deliveries if the contrary has not been explicitly settled in advance. If the delivery cannot be immediately executed because the products are not in stock we will declare a delay in delivery of about ten weeks maximum. This delay in delivery will be extended in cases of force majeure, strike measures due to social conflicts, administrative measures or other unpredictable incidents which could not be avoided despite all preventive measures. b) In cases of delivery bottleneck after the conclusion of the contract or if a product cannot be supplied anymore for judicial reasons we can propose a product identical in quality and price (substitute product) or annul the contract. We will inform the purchaser as soon as possible about the unavailability. If the client doesn’t accept the proposition of a substitute product we will refund the money paid in advance immediately after the cancellation of the contract on the part of us.
§ 7 Payment within Germany a) cash on delivery: The customer pays in cash the amount of the bill plus 5 € of C.O.D charge when the deliverer supplies the commodity. b) cash in advance: The amount of money is transferred to our account. We will deliver the merchandise as soon as the money is received in our account. c) payment via PayPal: PayPal is an online payment service with which you can pay fast and safely for your purchases. PayPal uses all the methods of payment you already know from your bank. You decide with every new transaction whether you want to pay via bank transfer, via debit advice, with your credit you have on your PayPal account or with your credit card. However you do it, no further fees will be charged. Our PayPal payment address is: shop@music-town.de d) payment via credit card: The customer indicates us the number of the bank card, the validity and the key. After the verification of these data the card will be debited and we will deliver the merchandise. e) payment on account (after delivery): Public bodies, schools, theatres and similar public institutions have the possibility to pay after the receipt of our invoice as far as the order was effected in written form. other European countries a) cash in advance: The amount of money is transferred to our account. We will deliver the merchandise as soon as the money is received in our account. b) payment via PayPal: PayPal is an online payment service with which you can pay fast and safely for your purchases. PayPal uses all the methods of payment you already know from your bank. You decide with every new transaction whether you want to pay via bank transfer, via debit advice, with your credit you have on your PayPal account or with your credit card. However you do it, no further fees will be charged. Our PayPal payment address is: shop@musictown.de
§ 8 Right of revocation/redemption (arrangement for consumers living outside Germany) (not valid for professional purchasers, vendors or enterprises) a) For every distance contract the purchaser has a two-week right of revocation. b) The term of revocation begins the day the merchandise is delivered to the customer and with services it begins on the day the contract is concluded. But the term does not begin until we have fulfilled our obligation to inform the customer about these rights. The fees for the delivery and the return are to be paid by the customer. c) If the customers wants to make use of the right of revocation they have to inform us in written form (via e-mail, fax or letter) within two weeks after the conclusion of the contract or respectively to return the merchandise within two weeks after the receipt of the goods. It is not necessary to give a reason for the revocation. In the case of a revocation in due time the consumer is no more bound to the declaration of intent he has given when concluded the contract. If the revocation was transmitted in written form, the goods immediately have to be returned after that. (see § 8h) d) The right of revocation is valid under the reservation that the goods are returned in their original condition, with all accessories and if possible also in their undamaged original packaging. If this is not possible, the goods have to be repacked in suitable cardboard boxes to avoid that the merchandise is damaged during the return and to make sure they arrive at Music-town in a perfect condition. The customer is obliged to pay damages for deterioration of the value of the product when used. This is not the case if the deterioration is due to the mere check of the product. e) The right of revocation is not valid for contracts: ea) about the delivery of goods made after clients’ specifications or tailored according to personal needs or for goods which are not suited for a return or eb) about the delivery of audio or video recordings or of software when the package was opened, ec) of services when the execution of themselves has begun, with the consent of the consumer, before the end of the two-week revocation term (see § a). f) The revocation has to be sent to: Music-Town GmbH Juri-Gagarin-Ring 1 17036 Neubrandenburg, Germany Phone: 0049.395.581.34-0 Fax: 0049.395.581.34-19 info@music-town.com g) Transportable goods have to be sent back. Non-transportable goods will be picked up at the customer. It is the decision of Music-town if the merchandise can be consigned or if it is picked up by our mailing partner. So, please get in contact with us by phone or by e-mail to decide if the merchandise has to be picked up. We ask you not to send us back commodities freight forward without our prior consent. h) Orders from abroad involves that the purchaser has to bear the costs of a return.
§ 9 Guarantee and liability a) In the case of a flaw of the purchased goods, the customer has the right to reparation of the defect goods or to a delivery of flawless new goods. b) If it is not possible to correct the flaw the customer has the right to decide whether he asks for a diminution of the purchase price or if he cancels the order. c) The limitation period is 2 years after delivery of the goods. For second hand goods the limitation period is one year after delivery. d) The problems of guarantee and liability have to be arranged directly with the Music-town GmbH. Negotiations with any independent agents will not be accepted by Music-town. e) We are liable according to the legal requirements as far as the client asserts a claim for damages due to a deliberate act or gross negligence of our representatives or subsidiaries of execution. Unless we are not charged with a deliberate or gross negligible breach of the contract, the liability is restricted to the predictable, typically occurring damage. In the case of a breach of an accessory obligation we are not liable for slight faults. f) The liability for an attack on the life, the body or the health of a person due to delinquent behaviour is not affected by these general terms and conditions. This also concerns the obligatory responsibility according to the law of product liability and other mandatory legal requirements regarding the liability without fault. g) In the case of a delay in delivery for which the Music-town GmbH is responsible, we are liable according to the legal requirements if we, our legal representative or our subsidiaries of execution have committed a deliberate infraction or a gross negligence. The compensation of the damage caused by a delay in delivery is restricted to the predictable, typically occurring damage.
§ 10 Three-years “Music-Town Guarantee” (valid for purchases after January 1st, 2006) Besides the guarantee regulated by law, Music Town offers a three-years guarantee for all purchased goods within the following conditions. a) If a default of the good can be proved, the customer has the right to choose between a repair of the default or a new article free of defects. b) This guarantee does not warrant a right to a reduction of the price , cancellation of the contract of purchase or to damages. c) Excluded are: ca) products which normally deteriorate when used like strings, lamps, faders, sticks, batteries etc. or cb) defaults of a product caused by wrong handling, non-observance of operating manuals, non-intended use, improper use, overcharge or lacking care and maintenance or cc) defaults of products caused by accessory or spare parts which are not original cd) products which have been alternated or completed ce) minor deviations of the set quality irrelevant for the value and use of the product itself. d) For all recognised faults within this guarantee the Music Town GmbH has the right to choose between a free repair of the defect or a replacement with a proper product (or a successor model if necessary). Replaced products or parts will be the property of the Music Town GmbH. e) Claims of guarantee have to be asserted within the guarantee limit and with the original receipt. Before you send the improper product back, please contact us. The claim has to be sent to: Music-Town GmbH Juri-Gagarin-Ring 1 17036 Neubrandenburg, Germany Phone: 0049.395.581.34-0 Fax: 0049.395.581.34-19 info@music-town.com f) In the case of a recognition of a default the Music Town GmbH bears the expenses for a return for customers living within Germany. Customers living outside Germany have to bear the forwarding costs as well as the costs for a return. g) This guarantee does not include any other right than a repair of the defect as mentioned above. h) The rendered service does not lead to a prolongation or a new beginning of the guarantee.
§ 11 Damage during transport and obvious flaws If clients recognise damages of the packaging or the content of the parcel when receiving the merchandise they should immediately make a claim at the transport company and refuse the receipt. Please inform us in a two-week delay via e-mail, letter or fax: Music-Town GmbH Juri-Gagarin-Ring 1 17036 Neubrandenburg, Germany Phone: 0049.395.581.34-0 Fax: 0049.395.581.34-19 info@music-town.com This clause does not modify the right of guarantee.
§ 12 Reservation of title The merchandise remains our property until the complete payment of the price and the forwarding expenses.
§ 13 Privacy The Music-town GmbH informs the purchaser that the data registered during the conclusion of the contract are collected, processed and used by the Music-Town GmbH for the fulfilment of its duties according to the legal requirements. These data can also be transmitted to authorised and well-selected partners of the Music-town GmbH to check the creditworthiness of the client. Your data will exclusively be used for these purposes and will not be transmitted to third persons.
§ 14 Purview and applicable legislation These general terms and conditions are exclusively valid for the business connection between Music-Town GmbH Neubrandenburg and the customer. For any disagreement which might occur please get in contact with us to find an appropriate solution. In the case of a litigation only the local court of Neubrandenburg, Germany will be competent. Only the legislation of the Federal Republic of German is valid. The agreement of the United Nations on contracts about the international purchase of goods is not valid.
§ 15 Severability clause If single clauses of the contract between the Music-Town GmbH and the customer including these General Terms and Conditions partly or completely become ineffective or if there is a loophole, the validity of the remaining requirements is not effected. The ineffective clauses are then replaced by the respective legal requirements. The contract can be annulled if the execution of it would involve and inequality unacceptable for one of the contracting parties.
§ 15 Final provisions The author does not give the guarantee for the topicality, the exactness, the integrity or the quality of the information given on this web site. The author will not assume liability for any material or non-material damages resulting from the application or the non-application of the information placed at the disposal of the consumer except if a deliberate infraction or gross negligence of the author can be proved. All offers are without engagement and not fixed. The author reserve the right to modify, complete or erase parts or all of the catalogue without prior notice or to temporarily or definitely interrupt parts or all of the services. The present terms and conditions represent an English version for the purpose of information. In the case of a litigation only the German terms and condition are legally binding.
April 2006 • info@music-town.com • Tel. 0049.395.581.34-0 • Fax 0049.395.581.34-19 •