Phone: +49 3425 8259 210
Fax: +49 3425 8259 211
Scope of application
These terms and conditions apply to all business relationships in connection with the delivery of goods, in particular books, loose-leaf works, update deliveries, magazines, brochures and all digital products on data carriers (CD-ROM, DVD, USB stick) between WhatsMusic.de represented by Robert Schulz – hereinafter referred to as WhatsMusic – and the customer – hereinafter referred to as CUSTOMER.
For the delivery of digital content not located on a physical data carrier (e-book [PDF and EPUB], downloads, ONLINE services, etc.), our General Terms and Conditions for Digital Content shall apply in addition.
Deviating or supplementary terms and conditions of the CLIENT shall not become part of the contract, unless WHATSMUSIC has expressly agreed to their validity.
Conclusion of Contract, Minimum Term, Termination
The product offer of WHATSMUSIC on the Internet does not constitute a binding offer to conclude a purchase contract. Only with his order the CLIENT submits a binding offer to purchase. In case of a purchase in the WHATSMUSIC online store, the order is binding when “order with obligation to pay” has been clicked on, after having previously
– the goods have been put into the shopping cart,
– the general terms and conditions and the cancellation policy have been acknowledged and confirmed,
– in the case of the purchase of digital content, the waiver of the right of withdrawal has been declared,
– the personal data has been entered and the desired payment method has been specified.
When ordering via the WHATSMUSIC online store, the CUSTOMER will be informed immediately after the order about the receipt of the order and about his legal right of withdrawal by e-mail. The confirmation of receipt is automatic and does not constitute a declaration of acceptance.
The sales contract is only concluded when WHATSMUSIC accepts the offer to conclude a sales contract by delivering the goods.
If it turns out during the order that goods are not available at short notice, the CLIENT will be informed immediately about the unavailability and – if possible – about the next possible delivery date.
Right of withdrawal for consumers in distance selling contracts
Consumers have a statutory fourteen-day right of withdrawal for distance contracts (contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer for the contract negotiations and the conclusion of the contract exclusively use means of distance communication). Consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity.
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period for a consumer goods purchase is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. If several goods are ordered as part of a single order and are delivered separately, the period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. If a subscription contract (e.g. serial, magazine, other periodicals) is concluded, the cancellation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.
To exercise your right of withdrawal, you must,
Phone: +49 3425 8259 210
Fax: +49 3425 8259 211
by means of a clear statement (eg a letter sent by mail, fax, e-mail, telephone) about your decision to revoke this contract. Returning the goods without comment is not sufficient.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract.
The repayment will be made by bank transfer to your bank account. In no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. For the return, please use the address indicated on the delivery note/invoice.
The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
No right of withdrawal exists according to § 312g para. 2 BGB in particular for
- 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 delivery of newspapers, journals or magazines with the exception of subscription contracts.
In the event of an effective revocation, the CUSTOMER shall bear the direct costs of returning the goods.
Our prices are final prices in Euro and include the statutory value-added tax as well as all other price components. All agreed prices are fixed prices.
Delivery and shipping costs
Unless otherwise agreed, the delivery from stock is usually on the working day following the order to the delivery address specified by the CUSTOMER. Invoice and delivery address can differ at the request of the CUSTOMER. Deliveries within Germany are usually made in 3 to 10 working days; the delivery time within Europe is usually 10 to 30 days. The delivery of the goods takes place at the risk of the CUSTOMER, unless the CUSTOMER is a consumer.
The costs of delivery are regularly to be borne by the CUSTOMER. The shipping costs depend on the weight of the delivery. The shipping costs are automatically added during the order process and displayed in the order form.
When ordering digital content, shipping costs are generally not charged.
For further information please contact WHATSMUSIC on weekdays from 8:00 to 17:00 by phone +49 3425 8259-210 or by e-mail firstname.lastname@example.org.
Terms of payment, invoicing
The purchase price is due, unless otherwise agreed in text form, after receipt of the invoice without deduction on the stated due date for payment. The invoice can also be issued in electronic form, especially for digital products.
The domestic customer has the option to pay by credit card, PayPal, bank transfer or by direct debit. To be able to pay with the online payment service PayPal, a PayPal account is required. For more information, please visit www.paypal.com. When paying by credit card, a credit check is always carried out on the CUSTOMER in advance. The credit card account will be charged upon completion of the order. Deliveries abroad are only carried out against credit card payment, advance payment or PayPal. In case of advance payment, the CUSTOMER will receive a pro forma invoice. The goods will be shipped immediately after receipt of payment.
In the event that the CUSTOMER pays by direct debit, the period for pre-notification shall be reduced to 3 working days prior to the due date of the respective invoice amount. A separate pre-notification shall not be made if such pre-notification already results from other documents provided (e.g. invoice). The CUSTOMER warrants to ensure that the account is covered.
A direct debit mandate given by the CLIENT includes future orders as well as already existing continuation orders with WHATSMUSIC. An existing customer account will generally be converted to direct debit. A revocation of the direct debit mandate is possible at any time.
If the CLIENT is in default of payment, WHATSMUSIC is entitled to claim a handling fee as well as interest on arrears of 5%, in case of a commercial transaction of 8% above the base interest rate p.a. announced by the European Central Bank.
The CLIENT is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged in writing by WHATSMUSIC. The CLIENT can only assert a right of retention with counterclaims from the same contractual relationship.
Reservation of proprietary rights
The delivered goods remain the property of WHATSMUSIC until final payment. Rights of use of digital content can be revoked in case of default of payment. If the CLIENT is a merchant, retention of title exists until payment of all claims WHATSMUSIC has against the CLIENT (current account reservation).
RESELLERS are only authorized to resell goods of WHATSMUSIC to third parties under the condition that all claims arising from the resale are transferred to WHATSMUSIC. The RESELLER shall be authorized to collect such claims despite the assignment. This authorization may be revoked if the RESELLER does not duly meet his payment obligations. In this case he has to hand over to WHATSMUSIC on demand the documents for his claims, to name the debtors and to inform the debtors about the assignment.
Warranty for defects
If there is a defect in the purchased goods, the statutory warranty provisions of § § 434 et seq. BGB SHALL APPLY. The duration of the warranty is two years; it begins with the receipt of the goods by the CUSTOMER. If the CLIENT is a merchant (full merchant or a person under public law), WHATSMUSIC only warrants for obvious defects, provided that the CLIENT duly complies with his obligations to examine the goods and to give notice of defects according to § 377 HGB (German Commercial Code) and notifies WHATSMUSIC of the defect within 2 weeks.
Limitation of Liability, Duties of Care
Further claims against WHATSMUSIC are excluded, as far as legally permissible. WHATSMUSIC is liable for negligent breach of cardinal obligations (essential contractual obligations) for damages caused thereby up to a maximum of twice the order value. This is determined by the contract, which is the basis of the liability event.
WHATSMUSIC endeavours to create its products in each case according to the latest knowledge and on the current state. Their correctness as well as freedom from content and technical errors is expressly not guaranteed. WhatsMusic also does not give any warranty for the applicability or usability of its products for a specific purpose. The selection of the goods, their application and use are the sole responsibility of the customer.
Clause to avoid abuse in the mail order business
This clause applies exclusively to the agreement of payment by direct debit or direct debit. When placing his order, the CUSTOMER gives his consent that, within the framework of the contractual relationship, information may be obtained from credit service companies such as SCHUFA and that, in the event of an irrecoverable claim against the CUSTOMER after the goods have been handed over, this contractual information may be forwarded to SCHUFA.
- Place of performance is Leipzig.
- The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- If the CLIENT is a registered merchant or a person under public law or if the CLIENT has no permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract shall be Leipzig.
- WHATSMUSIC does not participate in dispute resolution proceedings before a consumer arbitration board.
- Ancillary agreements, amendments or supplements must be in writing to be effective, as well as the cancellation of the requirement of writing.
- Should individually provisions of these Terms and Conditions be or subsequently become invalid, this shall not affect the validity of the provisions as a whole.