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General Terms and Conditions

§1. General

  1. The following general terms and conditions in their currently valid version apply to all business relationships with our customers. Our deliveries and other services are carried out exclusively on the basis of these General Terms and Conditions, which are also binding for future transactions. These General Terms and Conditions are bindingly accepted by you when you place an order with us. Deviations from these general terms and conditions, any general terms and conditions of the customer as well as verbal agreements made are only effective after express, written confirmation from us.

  2. All offers, regardless of whether they are made by telephone, internet, e-mail or in any other way, are only binding for us once they have been confirmed in writing or the goods have been delivered and/or an invoice has been issued became. The contract becomes effective with the sending of your order.

  3. We guarantee that all personal data required to process and carry out an order and provided to us and which must be stored in the meantime will be treated as strictly confidential, in particular that they will not be passed on to third parties not involved in the processing.

  4. We reserve the right not to provide the promised service if it turns out after conclusion of the contract that the goods are not available, even though a corresponding cover transaction has been concluded. In such a case the customer will be notified immediately. Any consideration already provided by the customer will be reimbursed immediately. Further customer claims against us are excluded.

  5. The contents of our sales media, in particular online auctions, websites, advertising material, including text, image content and specific layouts, are our property. Unauthorized use, publication, reproduction and other use is only permitted with our express written permission. Violators will be prosecuted criminally and civilly.

  6. The information we provide, particularly on the websites we use, is carefully checked and regularly updated. However, we cannot guarantee that all information is complete, correct and up-to-date at all times. This also applies to all connections (“links”) to other websites to which reference is made directly or indirectly. All information can be added, removed or changed without prior notice. All product names, product designations and logos mentioned on the websites we use are registered trademarks and the property of the respective rights holders. In view of the judgment of the Hamburg Regional Court of May 12, 1998 - 312 O 85/98 ("Liability for links"), we also expressly distance ourselves from all content of all linked pages on our homepage and do not adopt this content as our own. This declaration applies to all links on the websites we use.

§2 Delivery

  1. Delivery is at the customer's risk. As soon as we have handed over the goods to a transport company, the risk is transferred to the customer. This also applies to partial deliveries. The risk can be insured at the customer's request and expense by taking out additional transport insurance. Delivery is made to the delivery address specified by the customer. If the buyer is a consumer within the meaning of §13 BGB, the risk of accidental loss and accidental deterioration of the item sold, even in the case of a mail order purchase, only passes to the buyer when the item is handed over. The handover is deemed to be the same if the buyer is in default of acceptance.

  2. All prices are cash prices including any taxes included and plus any packaging and transport costs that may arise. In the event of refusal to accept bindingly ordered goods or other reasons for which the customer is responsible that lead to the return of the shipment, we reserve the right to invoice the customer for the shipping costs incurred.

  3. The goods must be inspected for transport damage immediately after receipt by the customer or his representative. Any transport damage that can be identified must be reported immediately in writing. The customer must have the transport company confirm any packaging damage in writing upon acceptance of the goods.

  4. Information about delivery times is generally non-binding unless a specific delivery time has been agreed in writing.

  5. Claims for damages against us due to non-fulfillment or delay are excluded unless there is intent or gross negligence.

§3 Right of withdrawal

If you are a consumer (§ 13 BGB), you have the right to cancel this contract within one month without giving reasons. The cancellation period is: one month from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

To exercise your right of withdrawal, you must contact us

ProMusicTools
Customer Service
Sudetendeutschestr. 8a
80937 Munich
Germany
Tel: +49 89 54784657
Email: support@promusictools.com

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory. You can also fill out and submit the sample cancellation form or another clear declaration electronically on our website. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation. To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to:

  • 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,
  • Delivery of sealed goods that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,
  • delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
  • Delivery of newspapers, magazines or magazines with the exception of subscription contracts.

§4 Warranties and claims for damages

  1. The warranty period for new items is two years. The warranty period for used items is one year. The period begins at the moment the risk is transferred to the customer. If the customer is an entrepreneur within the meaning of §14 BGB, the warranty is excluded.

  2. Defects or damage that are due to culpable or improper handling or improper installation as well as the use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by us are also excluded from the warranty.

  3. Natural wear and tear is also excluded from the warranty.

  4. If the customer accepts the goods or the object of the order despite knowledge of a defect, warranty claims to the extent described below are only available if they reserve this expressly and in writing immediately after receipt of the goods.

  5. The customer is only entitled to warranty claims due to existing transport damage if he has fulfilled his obligation to inspect and report the goods in accordance with Section 2, Section 3. This does not apply if the customer is a consumer within the meaning of §13 BGB.

  6. If there is a defect in the purchased item for which we are responsible, we are entitled, at our own discretion, to remedy the defect or to deliver a replacement. If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), he initially has the choice whether the non-fulfillment by repair or replacement delivery should take place. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the consumer. We remove the defect at our expense. In any case, the customer must submit a copy of the invoice as proof of warranty, otherwise warranty processing is not possible. Warranty returns must be made at the expense of the customer. The goods must be returned to us in proper condition, packaged safely for transport and free of third-party rights. The return of the goods or the registration of the warranty claim must be made to: ProMusicTools, Customer Service, Sudetendeutschestr. 8a, 80937 Munich, Germany. We will cover the costs of returning the goods to the customer. However, we are free to have the defect rectified by another specialist closer to the customer's place of residence. If we are unwilling or unable to provide this service, or if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if the defect has not been rectified or a replacement delivery has failed in any other way, the customer is entitled, at his discretion, to To withdraw from the contract or to demand a corresponding reduction in the purchase price (reduction). However, if the defects are only minor, the customer does not have the right to withdraw from the contract.

  7. Unless otherwise stated in the following provisions, further claims by the customer - regardless of the legal reasons - are excluded. In particular, claims for damages within the scope of the warranty due to consequential damage caused by defects, breach of contractual secondary obligations, errors in advice or unlawful acts against us or our representatives or vicarious agents are excluded. This applies in particular to lost profits or other financial losses to the customer.

  8. The aforementioned exclusion of liability does not apply if the damage is due to intent or gross negligence or if the customer asserts claims under the Product Liability Act.

  9. Claims for damages are limited to the value of the goods delivered.

§5 Due date and payment terms

  1. Unless otherwise agreed in writing, our invoices are payable immediately and without deductions.

  2. If the customer defaults on payment of the purchase price, interest is to be paid on the sum of the purchase price during the delay at the rate of five percentage points above the respective base interest rate in accordance with Section 1 of the Discount Rate Transition Act of June 9, 1998. If it can be proven that we have incurred higher damages due to the delay, we are entitled to claim this.

§6 Retention of title

  1. The delivered goods remain our property until all claims against the customer have been paid in full, including all additional claims. For contracts with consumers within the meaning of §13 BGB, we reserve ownership until the purchase price has been paid in full.

  2. The customer is not entitled to sell the goods to third parties or to take any other measures that endanger our property until the purchase price has been paid in full. At the latest when the contract is concluded, the customer assigns to us his future claims against the purchaser in the amount of the purchase price agreed between us and the customer, including interest and additional claims. We accept this assignment.

§7 Place of performance and place of jurisdiction

  1. German law applies exclusively.

  2. The place of performance for all services from the existing business relationships with us is Munich.

  3. The exclusive place of jurisdiction for lawsuits against us is Munich. This also applies to our lawsuits against the customer if the customer is a merchant, a legal entity under public law or a special fund under public law.

§8 Final provision

If one or more provisions of these General Terms and Conditions are not applicable, this will not affect the effectiveness of the remaining provisions.