General Terms and Conditions of Business
- § 1 General Information
- 1.In respect to business relations of all types between the firm Musikhaus Thomann e.K. and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively.
- 2.The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the Send Order button, customers agree to buy the goods in the cart, and this order is legally binding. The customer receives an order confirmation immediately after the order is transmitted. The sales contract becomes effective on receipt of our separate order confirmation or the delivery of goods.
We then store the text of the contract and email the order data and a link to the General Terms and Conditions to the customer. The customer is able to view all prior orders after logging in to the customer service pages of our website.
- 3.The firm Musikhaus Thomann e.K. reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that futher legal claims be raised by the customer against the firm Musikhaus Thomann e.K..
- 4.The contractual language is German.
- § 2 Delivery
- 1.If the customer is an entrepreneur (§ 14 German Civil Code), delivery shall generally be at the customers risk. This shall also apply for partial deliveries. If the customer is a consumer in the sense of § 13 German Civil Code, the risk of accidental destruction and accidental deterioration of the purchased object shall only pass to the customer at handover of the object even if the object is shipped. The purchaser entering in acceptance default shall be equal to handover. Delivery shall be to the delivery address specified by the customer.
- 2.All prices are in cash, including value-added tax/sales tax, as well as other ensuing charges for packaging, handling and transportation.
- 3.Domestic shipments within Germany are free of charge. We post the shipping charges for International deliveries at shipping. In case the goods are shipped to a foreign country outside the European trading zone, the customer also bears the tariffs and fees.
- 4.The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectable transportation and packaging damages are to be confirmed in written form by the transportation company upon delivery and reported by the customer.
- 5.In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
- § 3 Rights of Refund
- 1.statutory right of withdrawal
The customer (as a consumer according to section 13 of the German Civil Code (BGB)) may withdraw from the contract in writing (e.g. letter, fax, email) within 14 days without giving any reason or - if the item has been delivered before expiry of said term - by returning the goods. The term starts with receipt of these instructions in writing, however not before delivery of the goods to the recipient (in case of recurring deliveries of the same type of goods not before receiving the first partial delivery) and not before the information duties according to article 246 section 2 German Civil Code (EGBGB) in combination with section 1 subsection 2 German Civil Code (EGBGB) as well as section 312g, subsection 1 German Civil Code (BGB) in combination with article 246 section 3 German Civil Code (EGBGB) have been fulfilled.
The withdrawal deadline is deemed to be met if the notice of withdrawal or the item was sent in a timely fashion. The notice of withdrawal has to be addressed to:
Musikhaus Thomann e.K.
Inhaber Hans Thomann
- 2.The Consequences of Cancelation
In case of an effective cancelation, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case the customer is unable to return any or all of the received goods and benefits or in case he returns them in a diminished state, the customer shall compensate us for the lost value. This shall not apply to objects when the reduction of their value is caused exclusively by testing them e.g. the way a customer in a brick and mortar store may evaluate merchandise. Incidentally, the customer is free to avoid the obligation to compensate the contractual partner for lost value due to using the object as intended by not using the object like his/her property and by refraining from all use that may result in a value loss. Objects suitable for shipment shall be returned at our own risk. The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, if at the time of cancelation the customer has not performed as stipulated or has not made the contractually agreed partial or full payment. In all other cases the customer may return the merchandise free of charge. Objects not suitable for shipment by parcel post shall be picked up at the customers premises. The obligation to return received payments shall be fulfilled within 30 days. For the customer the grace period starts with the date the cancelation is sent or the object is returned; for the vendor, Musikhaus Thomann e.K. the grace period begins with the receipt of the cancelation or the returned goods.
- 3.Financed Business Transactions
In case the vendor finances the transaction through a loan and the customer cancels the transaction, the customer is no longer legally bound by the terms of the loan agreement, provided the two agreements constitute an economic unit. This is the assumption when we act toward the customer as the vendor and the lender or in case we assist the customer in securing the loan. If at the time of the cancelation or the return of the goods we have already become the beneficiary of a granted loan, then the lender shall step into our rights and obligations toward the customer as far as they are the result of the financed agreement.
- 4.Distance Selling Regulations void the right of withdrawal for deliveries of tailor made products or products which have been manufactured according to the customer's specifications. The same applies for products which due to their nature are unsuitable for a return, such as perishable products or products where the expiry date has passed. Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, or software with a broken seal.
- 5.The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, if at the time of cancelation the customer has not performed as stipulated (not having made the contractually agreed payment). Otherwise Musikhaus Thomann e.K. shall bear the costs of returning the merchandise. Free-Way coupons are available for this purpose (there is no requirement to assume the costs of returning merchandise in case of a return; when returning merchandise without a Free-Way coupon we request that you refrain from using express delivery or delivery where postage is not prepaid). In case merchandise is unsuitable for shipment by parcel post, we will commission a forwarding agent to pick up the merchandise.
Musikhaus Thomann e.K. regrets not to be able to carry the shipping costs for return shipments from foreign countries as part of the 30-day money back guarantee.
- § 4 Thomann 30-Day Money Back Guarantee (Extended Returns Policy)
- 1.In addition to the customers mandatory right of withdrawal within fourteen (14) days pursuant to § 13 BGB (German Civil Code), Musikhaus Thomann e.K. extends its money back guarantee to customers for another 16 days beyond the mandated withdrawal period. The customer is entitled to return our delivered merchandise within thirty (30) days no questions asked. This period begins at the time the customer receives these special instructions in writing (e.g. by letter, fax or email), the merchandise and after receiving all mandatory information prescribed for distance selling and ecommerce (see §3, item 1). The timely shipment of the merchandise or the timely request of return shall be sufficient for meeting the cancelation time limit. The right of cancelation can only be exercised by shipping back (returning) the merchandise, provided it can be shipped by parcel post. In case merchandise is unsuitable for shipment by parcel post, we will commission a forwarding agent to pick up the merchandise at the customers premises.
We recommend contacting our customer service prior to returning merchandise (contact information, see §3, item 1).
- 2.The 30-day money back period applies both to distance sales agreements pursuant to § 312b BGB (German Civil Code) and to the purchase of goods on site at our Musikhaus Thomann store.
- 3.The customer shall bear the routine costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, if at the time of cancelation the customer has not performed as stipulated (not having made the contractually agreed payment). Otherwise Musikhaus Thomann e.K. shall bear the costs of returning the merchandise. Free-Way coupons are available for this purpose (there is no requirement to assume the costs of returning merchandise in case of a return; when returning merchandise without a Free-Way coupon we request that you refrain from using express delivery or delivery where postage is not prepaid). In case merchandise is unsuitable for shipment by parcel post, we will commission a forwarding agent to pick up the merchandise.
Musikhaus Thomann e.K. regrets not to be able to carry the shipping costs for return shipments from foreign countries as part of the 30-day money back guarantee.
- 4.Rights of refund exist when ordering media packaged in transparent film or sealed media such as CDs, audio cassettes, videos, DVDs, as well as newspapers and software, only when the respective goods have been returned in the original sealed packaging or with an undamaged seal.
- 5.Rights of return are to be considered forfeited if the goods have been manufactured or altered according to customer specifications. This also applies to yard goods and items subject to wear and tear such as strings, sticks, drumheads, cables, plectrums and reeds, as well as to items such as harmonicas which cannot be returned for reasons of hygiene.
- 6.Should the customer make use of refund rights, the firm Musikhaus Thomann e.K. has the right to demand an appropriate compensatory payment for the period of time during which the goods remained in possession of the customer.
- 7.Furthermore, customers exercising their rights of refund must compensate the firm Musikhaus Thomann e.K. for any diminishment in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition, as the customer is responsible for the ruination, perishability or other deficiency of the delivered wares. This does not hold true in respect to the ruination of goods whose damaged condition was caused exclusively by a standard examination, as would have been possible in a normal shop. Moreover, the duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any activity which would reduce the value of the article.
- 8.In case the customer returns individual items from bundled merchandise or sets within the 14-day cancelation period or within the Thomann 30-day money back guarantee period, we will charge the customer the regular sales price for the retained items.
- 9.Please note that the conditions specified in § 4 shall not apply for the first 14 days (mandatory 14-day right of withdrawal for the purchase of goods according to § 3 of the General Terms and Conditions of Business) of the 30-day money back guarantee but only for the following 16 days.
- § 5 Warranties and Claims for Damages
- 1.Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by the firm Musikhaus Thomann e.K., are not protected by warranty.
- 2.Naturally occurring signs of wear are equally excluded from warranty protection.
- 3.Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.
- 4.Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 5 have been fulfilled. This in turn does not hold true if the customer is a consumer in the sense defined by § 13 German Civil Code [Bürgerliches Gesetzbuch/BGB].
- 5.The warranty period for new objects shall be 24 months. The period shall commence upon transfer of risk. The warranty period for used objects shall be 12 months deviatingly if Musikhaus Thomann e.K. is not liable without limitation pursuant to § 5, item 7, in particular for violation of life, body and health. If the customer is an entrepreneur in the sense of §14 German Civil Code, the warranty period for new objects shall be one year, and for used objects six months after passing of the risk.
- 6.Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.
- 7.The firm Musikhaus Thomann e.K. is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm Musikhaus Thomann e.K. or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws have no application in such cases.Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the firm Musikhaus Thomann e.K. is limited to foreseeable damages alone.
- § 6 Three-Year Thomann Guarantee
In addition to warranty services prescribed by law, the firm Musikhaus Thomann e.K. also provides a three-year guarantee defined by the following regulations:
- 1.The firm Musikhaus Thomann e.K. provides a guarantee for all damages arising during the three-year guarantee period starting from the passing of the risk, provided it can be proven that such damages were caused by a material deficiency or manufacturing error. Guarantee claims can be raised solely by the customer, who is a consumer in the sense defined by § 13 of the German Civil Code, and are not transferable.
- 2.Excluded from the guarantee are:
- Used equipment
- Computer parts and accessories, unless otherwise specified in the respective item description
- Product defects caused by use or other wear and tear as well as product defects caused by insufficient attention to the technical instructions for use, by the inappropriate use of the article, or due to atypical environmental conditions, operating conditions foreign and inappropriate to the article, excessive implementation of the article, inadequate maintenance or insufficient care.
- Product defects caused by the utilisation of accessories, supplementary or replacement parts which are not original components of the article
- Products which have themselves been altered or supplemented as a whole
- Minor deviations from the normal state of the purchased article which are not significant in respect to the value or utility of the article.
- 3.Product defects which should receive guarantee protection as determined by the firm Musikhaus Thomann e.K. are to be corrected in the following way: The defective article will either be repaired free of charge as decided by the firm Musikhaus Thomann e.K., or the defective article will be replaced by a fully functional equivalent (in some cases a later version). Products and product parts which have been replaced become the property of the firm Musikhaus Thomann e.K..
- 4.Guarantee claims must be raised within the official guarantee period. For this purpose, the product in question should be returned to the firm Musikhaus Thomann e.K. with the original invoice by requesting a Free-Way coupon.
- 5.Claims other than those named in these guarantee conditions concerning the correction or compensation of product defects are not covered by this guarantee.
- 6.The provision of guarantee services neither prolongs nor renews the guarantee period for the article in question.
- § 7 Due Dates and Payment Conditions
- 1.Invoices sent by the firm Musikhaus Thomann e.K. as long as no agreements of a divergent nature have been set in writing are to be paid in full without delay. Payment is to be made in cash on delivery if the customer pays by credit card or makes a prepayment, they shall receive free delivery. A direct debit shall be made for credit card payments following issue of the invoice and shipment of goods. The invoice total shall be reserved on the customers credit card directly after placement of an online order.
- 2.Musikhaus Thomann e.K. reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears the banking fees.
- 3.Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event the firm Musikhaus Thomann e.K. is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
- § 8 Reservation of Ownership
- 1.Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm Musikhaus Thomann e.K., to the extent the customer is a businessman or businesswoman in the sense of the German Commercial Code. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Bürgerliches Gesetzbuch/BGB], the firm Musikhaus Thomann e.K. reserves its right of property until the full remittance of the purchase price.
- 2.The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the firm Musikhaus Thomann e.K.. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the firm Musikhaus Thomann e.K. and the customer, including interest and any subsidiary demands to be brought against the firm Musikhaus Thomann e.K.. The firm Musikhaus Thomann e.K. accepts this relinquishment of rights.
- § 9 Place of Execution and Place of Jurisdiction
- 1.Legal jurisdiction is exercised by the Federal Republic of Germany exclusively.
- 2.The place of execution for all services and products negotiated in business transactions with the firm Musikhaus Thomann e.K. is Burgebrach, Federal Republic of Germany, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
- 3.If the customer is a businessman, legal entity of public law or public special fund, Bamberg shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
- § 10 Final Clause
- 1.Should any of these individual contractual conditions for which reasons whatsoever not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.