General Terms and Conditions
Article 1 Scope
- The General Terms and Conditions detailed below apply exclusively to electronic business transactions between Bärenreiter-Verlag Karl Vötterle GmbH & Co. KG (Bärenreiter) and its customers. The version current at the time of the conclusion of the contract applies.
- These are the sole General Terms and Conditions applying to electronic transactions. Customers’ terms which may conflict with, or diverge from, these terms and conditions of trade cannot be accepted.
Article 2 Introduction
- The description of our range of goods on the internet should not be regarded as an offer to conclude a contract within the meaning of Section 145 of the German Civil Code (BGB), rather it is only for the information of the customer. Bärenreiter does not accept contractual obligations, such as terms of a delivery guarantee, at this stage.
- At the time of placing an order with Bärenreiter, the customer expresses an intention to conclude a contract. Bärenreiter will reply by e-mail or similar method to the customer confirming receipt. This confirmation of order does not constitute an acceptance of the offer, but rather the fulfilment of the legal obligation of Section 312e Para I No. 3 of the German Civil Code.
- The contract with Bärenreiter comes into force at the time Bärenreiter accepts an offer. The acceptance takes the form of dispatch of the goods ordered or by sending a confirmation of dispatch. In the case of Bärenreiter’s inability to accept an offer, this will be notified to the customer in electronic form.
Article 3 Right of revocation for consumers
- Customers who are not consumers within the meaning of Section 13 of the German Civil Code have the right to cancel the contractual acceptance in writing (by e.g. letter, fax, e-mail) within 14 days as specified below without specifying reasons or – in the case the goods are delivered before the expiry date – by returning the item.
- The notice period commences after receipt of the instructions in writing but not prior to the date the goods have been received by the consignee (and with recurring deliveries of similar goods, not before the receipt of the first part delivery) and also not before the fulfillment of our obligation to provide information under Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB (Introductory Law of the German Civil Code) as well as our obligations under § 312g Para. 1 Sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB.
In order not to exceed the end of the revocation period, it will suffice to send the revocation notice or the goods in good time. The revocation should be addressed to:
Bärenreiter-Verlag Karl Vötterle GmbH & Co. KG
Consequences of revocation
- For a revocation to be effective both parties agree to return any goods or reimburse any payments received (e.g. interest) as appropriate. If the goods received cannot be returned in their entirety or partially, or only in an impaired condition, you are obliged to reimburse us. The customer is only required to make a reimbursement for the deterioration of goods, insofar as the deterioration can be attributed to handling the goods over and above checking their properties and functionality. By “testing the properties and functionality” we mean the testing and trying out of the respective goods, as, for example, is possible and usual in a shop. The obligation to pay compensation for goods that have deteriorated in spite of correct handling can be avoided altogether if you stop using them further and refrain from treating the goods as your own property and refrain from doing anything which will detract from their value.
- Payments must be refunded within 30 days. The time limit begins for you with the despatch of your notice of revocation or the goods, for us with their receipt.
- Return costs are your responsibility if the goods supplied correspond with those ordered and if the price of the items to be returned does not exceed a value of 40 Euros. In all other cases the cost of returning the goods is borne by us. Goods which can be packaged are to be returned at our risk. Goods which cannot be transported in packaged form will be collected by us.
End of right of revocation
The right of revocation does not apply to contracts
- for the delivery of goods, which for reasons of their nature are unsuitable for return (e.g. e-books, downloads etc.)
- for the delivery of audio or video recordings or software where the seal on the data carrier has been broken by the customer;
- for the delivery of newspapers, periodicals and magazines;
- for the delivery of goods which were prepared to the customer’s specifications (e.g. personal books).
Otherwise the legal exceptions according to Section 312 d paragraph 4 of the German Civil Code apply
Article 4 Supply of goods ordered
- Unless agreed otherwise, Bärenreiter is obliged to deliver the goods ordered as quickly as possible to the address given by the customer. Bärenreiter is entitled to make partial deliveries, as long as the customer expects this.
- The costs for the separate deliveries will be charged by Bärenreiter to the customer in the respective stated amounts.
- All risks of shipping pass to the customer as soon as the goods are transferred from Bärenreiter to the commissioned supplier. This does not apply in cases where the customer is a consumer within the meaning of Section 13 of the German Civil Code.
- Information about delivery dates are non-binding, unless Bärenreiter has informed the customer in writing in a particular case.
Article 5 Settlement date and payment of the purchase price
- Payment can be made either on account, by direct debit or by credit card. If you chose to receive an invoice, the full purchase price without any deductions is due immediately on receipt of the wares. Payment by credit card or direct debit is due at the time of dispatch.
- In the case of delayed payment, Bärenreiter is entitled to charge the customer according to Section 13 of the German Civil Code default interest amounting to 5 % p.a. above the prevailing base rate as determined in Section 247 paragraph I of the German Civil Code. For customers who are not consumers within the meaning of Section 13 of the German Civil Code, the default interest rate is 8 % p.a. above the prevailing base rate as determined by Section 247 paragraph I of the German Civil Code. In addition Bärenreiter reserves the right to enforce further damages.
Article 6 Retention of title
- Goods supplied remain the property of Bärenreiter until complete payment of all claims outstanding against the customer has been received.
Article 7 Guarantee in the case of defects
- Bärenreiter is liable for defects which are present at the point of delivery, but liability is limited to the duration of the legal warranty period. For contracts with consumers within the meaning of Section 13 of the GermanCivil Code the warranty period is two years from receipt of the goods.
- Any defects which appear must be promptly notified in writing to Bärenreiter. In the event that Bärenreiter is responsible for a defect, Bärenreiter undertakes either to rectify this or supply a replacement item according to the customer’s wishes.
- Bärenreiter does not accept liability for claims which do not relate directly to the goods, or for lost earnings or other financial losses incurred by the customer unless due to malicious intent or gross negligence. This disclaimer does not apply to injuries to life, body or health.
Article 8 Data protection
Collection, processing and use of personal data:
- Bärenreiter is committed to protecting the privacy of all persons who make purchases in the shop run by Bärenreiter and to handle their personal data confidentially. The basis for this is the prevailing statutory legal regulations.
- If and so far as the data is used for purposes of advertising, market or opinion research, the customer consents to this use. S/he has the right to revoke such a use at any time. A revocation should be addressed to:
Bärenreiter-Verlag Karl Vötterle GmbH & Co. KG
- Data received from customers is collected, processed and used first and foremost for fulfilment of a contract. For further details, please see Data protection.
Article 9 Final clauses
- This contract is subject to the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods does not apply. The place of fulfilment and jurisdiction is Kassel.
- The invalidity of individual provisions does not affect the remaining effectiveness of the remaining articles of the contract and these General Terms and Conditions.
Kassel, March 2010