Terms and Conditions

General Terms and Conditions of Modern Music School MMS GmbH

 

 

Section 1 Applicability, Definitions

 

(1) The business relationship between the webshop operator (hereinafter "Seller") and the Customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions as applicable at the time the order is placed. Any terms and conditions of Customer different from or in conflict with these General Terms and Conditions are hereby rejected, unless Seller expressly consents to their applicability in writing.

 

(2) Customer is a consumer unless the ordered products and services primarily serve commercial or business purposes. In contrast, a business is any natural person, legal entity, or partnership with legal capacity that enters into a contract with Seller for commercial or business purposes.

 

(3) Customer's contract partner for all orders placed in accordance with this online agreement is Modern Music School MMS GmbH, represented by managing director Hans-Peter Becker, Hauptstr. 194, 55743 Idar-Oberstein (hereinafter "Seller").

 

Section 2 Conclusion of Contracts

 

(1) Customer may select products from Seller's product selection and place products in the shopping cart by clicking the button "Add to shopping cart." By clicking the button "Purchase" Customer will make a legally binding offer to purchase the products in the shopping cart. Prior to placing the order, Customer may at any time view and change the order details. However, an offer may be made and submitted only if Customer accepts these General Terms and Conditions by clicking the button "I accept the General Terms and Conditions" thereby making the General Terms and Conditions part of Customer's offer.

 

(2) Upon receipt of an order Seller will send Customer an order confirmation, which will restate the details of the order placed by Customer and which may be printed out by Customer by clicking on the button "Print." The order confirmation constitutes Seller's acceptance of Customer's offer.

 

Section 3 Delivery, Availability of Products

 

(1) Unless otherwise agreed, the delivery period is 2-5 business days within Germany, 14 days within the rest of Europe depending on the country of destination, and up to 20 business days outside Europe depending on the country of destination, in each case from the date payment of the purchase price is received in the account of Seller.

 

(2) If at the time Customer places the order the selected product is not available, Seller shall promptly notify Customer. If a product is permanently unavailable, each party shall have the right to rescind the contract. In such case Seller shall promptly refund any payments to Customer.

 

(3) If a product ordered by Customer is unavailable only temporarily, Seller likewise shall promptly notify Customer. If delivery is delayed for more than two weeks, Customer shall have the right to rescind the contract. In such case Seller likewise shall have the right to rescind the contract and shall promptly refund any payments to Customer.

 

Section 4 Retention of Title

 

Seller shall retain title to all delivered products until full payment has been received.

 

Section 5 Prices and Shipping Costs

 

(1) All prices quoted on the website of Seller include legal VAT. All prices are ex works in Idar-Oberstein, and are exclusive of the following packaging and shipping costs per order:

 

‒      within Germany: €3.00

‒      within Europe: €9.00

‒      rest of the world: €19.00.

 

(2) Shipping costs will be quoted to Customer on the order form and are payable by Customer unless Customer exercises his cancellation right. For orders of €49.00 or more, Seller will deliver products to Customer free of charge within the Federal Republic of Germany.

 

(3) All products will be shipped with the German Postal Service. The risk of loss or damage during shipment will be borne by Seller, provided that Customer is a consumer.

 

(4) In the event of cancellation Customer will be responsible for all direct costs of returning the product to Seller.

 

Section 6 Payment Terms

 

(1) Customer may make payment by "PayPal" or "SOFORT Überweisung". 

 

(2) Customer may at any time change the selected payment method in his user account.

 

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If payment is due on a particular date, Customer will be deemed in default without any further notice if this payment due date is missed. In such case Customer shall pay default interest to Seller at the rate of five percentage points above the base interest rate.

 

(4) Seller's right to recover additional default damages shall remain unaffected by Customer's obligation to pay default interest.

 

Section 7 Warranties for Product Defects, Guarantee

 

(1) Seller warrants in accordance with applicable law, including, without limitation, §§ 434 et seq. of the German Civil Code (BGB), that products are free from defects. If Customer is a business, the warranty period for products delivered by Seller is 12 months.

 

(2) Except as provided herein, Seller makes no warranties or guarantees for any products delivered to Customer, unless such warranties or guarantees are expressly stated in the order confirmation for a product.

 

Section 8 Liability

 

(1) Any damages claims of Customer are hereby excluded. The only exceptions are any damages claims Customer may have based on any harm to life, limb or health, or based on any breach of material contractual obligations (cardinal obligations), and claims for any other damages caused by a willful or grossly negligent breach by Seller or its legal representatives or agents. Material contractual obligations are any obligations the performance of which is necessary for the achievement of the contractual purpose.

 

(2) If material contractual obligations are breached, Seller shall be liable only for reasonably foreseeable damages caused by ordinary negligence, unless Customer's claims for damages are based on harm to life, limb or health.

 

(3) The limitations of liability set forth in subsections 1 and 2 above shall also apply for the benefit of Seller's legal representatives and agents, if claims are brought directly against them.

 

(4) The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

 

Section 9 Notice of Cancellation Right

 

If Customer is a consumer, Customer has the following cancellation right.

 

Cancellation right

 

You have the right to cancel this contract within 14 days for any or no reason.

 

The cancellation period is 14 days from the date on which you or a third party designated by you, other than the carrier, took delivery of the last product shipment.

 

To exercise your cancellation right, you must notify us of your decision to cancel this contract by sending a clear notice of cancellation (e.g., by letter, fax or e-mail) to

 

Modern Music School MMS GmbH

Hauptstr. 194

55743 Idar-Oberstein

E-mail address: info@beam-shop.com

Phone: 06781 45 75 2-0

Fax: 06781 45 75 2-24.

 

For this purpose you may, but are not required to, use the attached Notice of Cancellation Form.

 

Cancellation is timely as long as you send the notice of cancellation prior to expiration of the cancellation period.

 

Consequences of cancellation

 

If you cancel this contract, we will refund to you all payments we have received from you, including shipping costs (except for any additional costs that are incurred because you selected a method of delivery other than the most affordable, standard method of delivery offered by us), promptly and at the latest within 14 days from the date on which your notice of cancellation is received by us. Refunds will be made using the same payment method you selected for the original transaction, unless we expressly agree otherwise with you; under no circumstances will you be charged any costs or fees to receive a refund. We may refuse to refund payment until you have returned the products to us or you have provided us with documentation showing that you shipped the products back to us, whichever event occurs first.

 

You must ship the products back or deliver the products to Modern Music School MMS GmbH, Hauptstr. 194, 55743 Idar-Oberstein, promptly and under no circumstances later than 14 days from the date of the notice of cancellation. Returns are timely as long as products are shipped prior to expiration of the 14-day period.

 

You are responsible for all direct costs of returning products.

 

You are responsible for any depreciation of returned products only if such depreciation results from your handling of the products in a manner that is not necessary for inspecting the quality, features or functionality of the products.

 

***End of notice of cancellation right***

 

Section 10 Other Notices

 

The foregoing cancellation right is not valid

 

for contracts for the delivery of products that are not prefabricated and that are manufactured based on a selection or choice made by the consumer, or that are clearly custom-designed for the personal needs of the consumer.

 

Section 11 Contract Language

 

The contract language shall be English.

 

Section 12 Storage of Contract Terms

 

The contract terms will not be stored by Seller. Customer may save a copy of the contract terms by printing out the offer using the printing function on Seller's website or his browser. Storing the contract terms in reproducible form is the responsibility of Customer (e.g., by taking screenshots of the offer or by converting the contract terms into PDF format).

 

Section 13 Notices regarding Data Processing

 

(1) In connection with the performance of contracts Seller will collect data of Customer in compliance with applicable laws, including, without limitation, the provisions of the Federal Data Protection Act (BDSG) and the German Telemedia Act (Telemediengesetz). Except with the consent of Customer, Seller shall collect, process or use personal data and user data of Customer only if and to the extent necessary for the performance of contracts or for using and invoicing telemedia services.

 

(2) Except with the consent of Customer, Seller shall not use data of Customer for advertising or market research purposes.

 

(3) Customer may at any time access, change or delete his stored data by clicking on the button "My Data" in his profile. For additional information about customer consent and the collection, processing and use of data, we refer you to our Data Protection Policy, which is available and can be printed out at any time on the website of Seller by clicking on the button "Data Protection."

 

Section 14 Final Provisions

 

(1) Contracts between Seller and Customer shall be governed by the laws of the Federal Republic of Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods. For orders placed by consumers abroad, mandatory provisions of local law and protections established by local case law shall remain unaffected and shall apply, mutatis mutandis.

 

(2) If Customer is a qualified merchant, public entity or public special fund, or if Customer has no general place of jurisdiction in Germany, venue and jurisdiction for any and all disputes arising from contracts between Customer and Seller shall be in the courts at the place of Seller's registered office.

 

(3) If any provisions of a contract are invalid, the validity of the remaining provisions shall remain unaffected thereby.

 

Section 15 Name of Seller, Address for Service of Subpoenas

 

Seller may be subpoenaed at the following address:

 

Modern Music School MMS GmbH,

Hauptstr. 194

55743 Idar-Oberstein

E-mail address: info@beam-shop.com

Phone: 06781 45 75 2-0

Fax: 06781 45 75 2-24

 

 

 

 

NOTICE OF CANCELLATION FORM

 

If you wish to cancel the contract, please complete this form and return it to us at

 

Modern Music School MMS GmbH,

Hauptstr. 194

55743 Idar-Oberstein

E-mail address: info@beam-shop.com

Fax: 06781 45 75 2-24

 

I/we(*) hereby cancel the contract for the purchase of the following products/services concluded by me/us(*):

 

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

 

 

Ordered on(*)/received on(*):

____________________________________

 

Name of consumer(s):

 

____________________________________

 

Address of consumer(s):

 

____________________________________

 

Signature of consumer(s) (only if notice is provided by hard copy)

____________________________________

 

 

Date: ___________________

 

(*) = Please delete inapplicable alternative.