General Terms And Conditions

General terms and conditions with customer information

1. Scope
2. Conclusion of contract
3. Prices and payment conditions
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Liability
9. Redemption of gift vouchers
10. Redemption of promotional vouchers
11. Applicable law
12. Place of jurisdiction
13. Information about codes of conduct to which the seller has submitted himself
14. Information on online dispute resolution

1. Scope

1.1. These general terms and conditions (hereinafter referred to as "GTC") of "MusikMarkt - Plauen GmbH" (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is contradicted unless otherwise agreed.

1.2. These terms and conditions apply accordingly to the purchase of vouchers, unless expressly stated otherwise.

1.3. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.

1.4. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1. The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.

2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.

2.3. The seller accepts the customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Requesting payment to the customer after placing the order
or
- Delivery of the ordered goods

The first alternative that occurs is decisive for the time of acceptance.

The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this represents the rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4. If the payment method "PayPal" or "Paypal Express" is selected, the payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"). The PayPal user agreement applies here; this is available at at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method "PayPal" or "PayPal Express" to pay for their purchase or if the customer pays using one of the PayPal payment methods, they submit their offer by clicking the button that completes the ordering process. If the customer also issues the payment order to PayPal by clicking this button at the same time, the seller declares, in deviation from the above regulations, acceptance of the customer's offer at the time the payment order is issued.

2.5. If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"). The Amazon Payments Europe Terms of Use apply here; this can be accessed at https://payments.amazon.de/help/201751590.
If the customer selects the payment method "Amazon Payments" to pay for his purchase, he submits his offer by clicking on the button that completes the order process. If the customer simultaneously issues the payment order to Amazon by clicking this button, the seller declares, in deviation from the above regulations, acceptance of the customer's offer at the time the payment order is issued.

2.6. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is saved on the seller's internal systems. The customer can view the general terms and conditions on this page at any time. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After completing the order, the contract text is accessible to the customer free of charge via their customer login, provided they have opened a customer account.

2.7. All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. In addition, the customer has buttons for making corrections, where available, which are labelled accordingly.

2.8. The contract language is German.

2.9. It is the customer's responsibility to provide a correct email address for contact and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.

3. Prices and payment terms

3.1. The prices shown are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2. The customer can choose the payment methods available in the online shop.

3.3. If payment is made in advance by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.4. When paying via "PayPal", payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply here. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.5. Paypal Checkout

If you pay via PayPal Checkout, payment processing is carried out via PayPal payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "Paypal"), whereby PayPal can also use the services of third-party payment providers, which you can select if offered.

If this website also offers payment methods for which the seller makes an advance payment (such as purchase on account or installment payments), the seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the customer. PayPal or the selected third-party provider first carries out a credit check before accepting the seller's assignment offer. The selected payment method can be refused if the credit check produces a negative result.

After the selected payment method has been approved, payment can only be made to PayPal or the respective commissioned payment service provider with a debt-discharging effect.

3.6. When paying via "PayPal direct debit", the debt is collected by PayPal from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued and after the deadline for advance information has expired. Advance information is the seller's notification to the customer that their account will be debited by SEPA direct debit and can, for example, be in the form of an invoice or a contract. If the direct debit cannot be redeemed due to insufficient funds in the account or due to incorrect bank details being provided, or if the customer objects to the debit without being entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.

3.7. In cooperation with Klarna Bank AB (publ) https://www.klarna.com/de/, Sveavägen 46, 111 34 Stockholm, Sweden, the seller offers payment options via Klarna for Germany and Austria.
If the customer selects this option, payment is made to Klarna: SOFORT transfer
• Direct debit
• Klarna invoice: When purchasing on account with Klarna, the customer receives the goods first. The payment period is 14 days. The customer can find the general terms and conditions for purchase on account for deliveries to Germany here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K6765985_e0ea8c6c8ff2/de_de/invoice?fee=0
and the customer can find the complete general terms and conditions for purchase on account for deliveries to Austria here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K6765985_e0ea8c6c8ff2/de_at/invoice?fee=0.
• Klarna installment purchase (only available in Germany): the monthly installments are at least 1/24 of the total purchase amount (but at least EUR 6.95). The other conditions stated in the checkout apply. The customer can find further information about Klarna installment purchases, including the general terms and conditions and the European standard information for consumer credit, here:
https://cdn.klarna.com/1.0/shared/content/legal/terms/K6765985_e0ea8c6c8ff2/de_de/part_payment.
• Credit card (Visa/ Mastercard/ AmericanExpress)

The payment options are offered as part of Klarna Checkout. The customer can find further information and the terms of use for Klarna Checkout here:
for Germany:https://cdn.klarna.com/1.0/shared/content/legal/terms/K6765985_e0ea8c6c8ff2/de_de/checkout
for Austria: https://cdn.klarna.com/1.0/shared/content/legal/terms/K6765985_e0ea8c6c8ff2/de_at/checkout
General information about Klarna: https://www.klarna.com/de/.

The customer's personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in the Klarna data protection regulations for Germany http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy / Austria http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy processed.

Note: Klarna is not responsible for fulfilling the seller's legal information obligations towards the customer. In particular, Klarna does not send the customer any information about the right of withdrawal for the contract between the retailer and the customer, nor does it send an order confirmation. The seller remains responsible for fulfilling the legal obligations relating to the contractual relationship between the seller and the customer.

3.8. When paying with a Klarna payment method (if offered, purchase on account, installment purchase, direct debit, credit card), payment processing is carried out via Klarna BANK AB (publ) (https://www.klarna.com/de, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").

When paying by credit card, your credit card account will be debited immediately after the purchase process is completed. When paying by direct debit, you give Klarna a SEPA direct debit mandate when you place your order. Klarna will inform you of the date on which your account will be debited (so-called prenotification). When you submit the direct debit mandate, Klarna asks your bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited. The account is debited after the goods have been dispatched.

For payment processing via Klarna, the General Terms and Conditions and the privacy policy of Klarna apply - in addition to these General Terms and Conditions. Further information on the seller's Klarna payment methods and Klarna's conditions for this can be found in the seller's payment information.

When paying with "Sofortüberweisung", payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to use this payment method, you need an online banking account with a PIN/TAN procedure, which you can use to identify yourself during the payment process and confirm the payment instruction to "SOFORT".
The payment is made by "SOFORT" immediately after the payment process has been completed and your bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet athttps://www.klarna.com/sofort/.

3.9. When paying via "PayPal installment payment", the customer concludes an installment payment agreement with PayPal. If PayPal allows payment via "PayPal installment payment", the customer must pay the invoice amount to PayPal under the conditions set by PayPal, which are communicated to him in the PayPal payment portal.
The PayPal terms of use apply, which you can find here:
[ url]https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE[/url]
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.

3.10. When paying by invoice via "PayPal invoice", the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment deadline is specified.
Purchase on account requires a successful credit check by PayPal.
If the customer is permitted to purchase on account after checking his creditworthiness, the seller assigns his claim to PayPal, so only PayPal can be paid with a debt-discharging effect.
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
In all other respects, the general terms and conditions for the use of PayPal's purchase on account apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4. Delivery and shipping conditions

4.1. Goods are delivered to the delivery address provided by the customer. In contrast to this, when paying via PayPal, the delivery address provided by the customer to PayPal at the time of payment is decisive.

4.2. Delivery by freight forwarder is "free curbside", i.e. to the public curb closest to the delivery address. This only applies if the seller's shipping information does not state otherwise and nothing else has been agreed.

4.3. If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect recipient or other circumstances that make delivery impossible, these must be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies if the customer was temporarily prevented from accepting the service, unless the seller had adequately notified him of the service beforehand. Excluded from this regulation are the costs of delivery if the customer has effectively exercised his right of cancellation. In this case, the statutory regulation or the regulation made by the seller applies.

4.4. The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk generally only takes place when the goods are handed over to the customer or a person authorized to receive them.
In deviation from this, the transfer of risk also occurs for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the other person or institution designated to carry out the shipment to carry out the shipment themselves and the seller has not previously named this person or institution to the customer.

4.5. The contract is concluded with the reservation that in the event of improper, delayed or non-existent self-delivery, the goods will not be delivered or will only be delivered in part or at a later date. This only applies if there is a congruent hedging transaction between seller and supplier, and the seller is not responsible for improper, delayed or non-existent self-delivery and cannot be remedied with reasonable effort. If the goods are not available or only partially available, the customer will be informed immediately. Any payment made will be refunded immediately.

4.6. Self-collection is not offered.

4.7. Vouchers are provided to the customer in the following form:

by email
by download
by post

5. Right of withdrawal

5.1. If the customer is a consumer, he or she is generally entitled to a right of withdrawal.

5.2. The seller's cancellation policy applies to the right of withdrawal.

5.3. Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.

6. Retention of title

6.1. In contracts with consumers, the goods remain the property of the seller until full payment has been made.

6.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full.

6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business.
The customer assigns to the seller in advance any claims against third parties arising from the resale in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer may collect claims even after the assignment, but this does not affect the seller's right to collect the claims himself. The seller will, however, refrain from collecting the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been made against the customer.

7. Liability for defects

With regard to the warranty, the provisions of the statutory liability for defects apply unless otherwise agreed.

7.1. If the customer is acting as an entrepreneur,

the seller has the choice of the type of subsequent performance;
in the case of used goods, the rights and claims due to defects are generally excluded;
in the case of new goods, the limitation period for defects is one year from the transfer of risk;
the limitation period does not begin again if a replacement delivery has been made within the scope of the liability for defects.

7.2. The statutory limitation periods for the recourse claim of an entrepreneur § 478 BGB remain unaffected.

7.3. If the customer is acting as a merchant within the meaning of § 1 HGB, he is subject to the commercial inspection and complaint obligations pursuant to § 377 HGB.

7.4. If the customer is acting as a consumer, he is requested to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this.
It is expressly clarified that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.

8. Liability

The seller's liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses is determined as follows:

8.1. The seller is only liable without limitation for damages that are attributable to intentional or grossly negligent behavior.
In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the seller is liable even in the event of slight negligence.

An essential contractual obligation is one whose fulfillment makes the proper implementation of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.

The seller is also liable as regulated above due to a guarantee promise, unless otherwise regulated in this regard.

This also applies to indirect consequential damages such as, in particular, lost profits and for mandatory liability such as under the Product Liability Act.

8.2. Liability is - except in the case of intentional or grossly negligent conduct or damages resulting from injury to life, body or health and the violation of essential contractual obligations (cardinal obligations) - limited to the damages typically foreseeable at the time the contract was concluded and, in all other respects, to the average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, lost profits.

8.3. Otherwise, the seller's liability is excluded.

8.4. The above liability regulations also apply mutatis mutandis to the benefit of the seller's employees and vicarious agents.

9. Redemption of gift vouchers

9.1. Vouchers that have been purchased via the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.

9.2. Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining balance will be credited to the customer's voucher account until the expiry date.

9.3. Gift vouchers can only be redeemed before the order process is completed. They cannot be redeemed retrospectively.

9.4. Only one gift voucher can be redeemed per order. It is not possible to redeem multiple gift vouchers in one order.

9.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.

9.6. If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

9.7. Credit on gift vouchers will not be paid out and will not accrue interest.

9.8. Gift vouchers are generally transferable.
The seller can make a payment to the customer who redeems the respective gift voucher with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible lack of authorization, incapacity to conduct business or lack of authority to represent the respective owner.

10. Redemption of promotional vouchers

10.1. Vouchers that the seller issues free of charge as part of (advertising) campaigns with a specific period of validity and which the customer cannot purchase ("promotional vouchers") can only be redeemed in the seller's online shop and only during the period specified by the seller.

10.2. Individual products may be excluded from the voucher campaign.
The specific restrictions can be found on the promotional voucher, if applicable.

10.3. Promotional vouchers can only be redeemed before the order process is completed. They cannot be subsequently offset.

10.4. Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in one order.

10.5. The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6. If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.

10.7. The balance of a promotional voucher will neither be paid out nor accrue interest.

10.8. The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their legal right of withdrawal.

10.9. Promotional vouchers are generally transferable.
The seller can make a payment to the customer who redeems the respective gift voucher with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of authority to represent the respective owner.

11. Applicable law

11.1. The law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.

11.2. This choice of law made here does not apply with regard to the statutory right of cancellation for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases the seller is also entitled to take legal action before the court at the customer's place of residence.

13. Information about codes of conduct to which the seller has submitted himself

The seller has submitted himself to the code of conduct of Trusted Shops GmbH, the criteria of which can be accessed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

14.Information on online dispute resolution

The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.