§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. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.
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. Alternatively, we may also confirm the order by sending a separate email or by initiating the product delivery. We then store the text of the contract und 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, we do accept the payment always in Euros.

§2

Delivery

1.	Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the firm Musikhaus Thomann e.K., the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly.
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.	Minimum purchase is 25 EUR.
5.	The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
6.	In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
7.	Claims for damages against the firm Musikhaus Thomann e.K. arising from non-fulfilment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.

§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 retuning 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 312e, 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 Treppendorf 30 96138 Burgebrach E-Mail: sc.cc@thomann.de Fax: +49-9546-9223-24
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. To the extent possible, the customer shall return objects by parcel post. The customer shall bear the 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, when at the time of the 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 customer’s 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.	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	30-Day Money-Back Guarantee

1.	In addition to the customer’s 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 customer’s 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.	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 the order of the customerspecification i.e. Custom built cases. This also applies to goods we consider under the heading of "consumables" such as strings, sticks, drumskins, cables, bulbs, reeds and plectrums, or "Hygeinic" such as harmonicas for e.g.
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 acitivity 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.	These provisions do not affect the mandatory 14-day right of withdrawal for the purchase of goods from a distance seller.

§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 [Buergerliches Gesetzbuch/BGB].
5.	The warranty period extends to 24 months for new articles. The period begins subsequent to the passage of risk in accordance with German Law.The warranty period extends to 12 months for used articles. If the customer is a „businessman, businesswoman or entrepreneur“ in the sense defined by § 14 German Civil Code [Buergerliches Gesetzbuch/BGB], the warranty period for new articles extends to 12 months and to six months for used articles following the passage of 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 guarantee period, provided that such damages were caused by a material deficiency or manufacturing error.
2.	Excluded from the guarantee are: products with defects arising from normal usage or from other effects of wear caused by the latter, 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 maintenace 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; In the event the firm Musikhaus Thomann e.K. is able to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
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.
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.
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.. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Buergerliches 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 jurisidiction 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.	The exclusive place of jusrisdiction for any legal proceeedings against the firm Musikhaus Thomann e.K. is Burgebrach, Federal Republic of Germany. The same holds true for legal action taken by the firm Musikhaus Thomann e.K. against its customers, 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.

§10	Final Clause

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.