General Terms of Trade

§ 1 Scope and supplier
These terms and conditions apply to all orders made by the consumer via the online shop

Musik Produktiv GmbH & Co. KG
Fuggerstr. 6
D-49479 Ibbenbüren
Germany

Trade register: HRA 4137
Managing Director: Saskia Zierenberg

here after reffered to as MP-shop.

A consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor can be attributeed to independent vocational activity.

Service Hotline:
Monday to Friday 10:00 am - 06:00 pm and Saturday 10:00 am - 4:00 pm
Phone: +49 (0) 54 51/9 09-0
E-mail: info@musik-produktiv.de

§ 2 Contract
§ 2.1 The product descriptions in the online shop are used to make an offer to buy. By clicking the button Add to Cart you make a binding offer to purchase. The sale of our products are only for private use in commerical quantities.

§ 2.2 We can accept your order by sending a seperate order confirmation by e-mail or by delivering the goods within five days. The confirmation of receipt of the order is made by an automated e-mail immediately after placing your order and does not constitute acceptance of the contract.

§ 2.3 If our order confirmation contains clerical or typographical errors, or our pricing contains errors due to technical reasons, then we are entitled to cancel the order. Payments already made will be refunded immediately.

§ 3 Prices
Prices on the product pages include legal VAT and do not include shipping.

$ 4 Shipment costs
The shipment costs can be found at our shipment costs with detailed information about every supplier country.

§ 5 Conditions of delivery and retention for self-supply
§ 5.1 The shipment will be carried out depending on the country of delivery with DHL or UPS. Bulk goods will be shipped by a conveyance.

§ 5.2 Country-specific details about the shipper, the time of delivery, potential transport costs (bulk goods) etc. can be found at our detailed delivery informations.

Important information regarding bulk goods: The carrier announces his arrival by contacting you by phone avis. The truck driver is only responsible fort he shipment through your front door or drive. He is not responsilbe to carry the items upstairs. This is not part of the contract with a conveyance for individually packaged goods. Thus, please take care for somebody who can help you to carry the items into your house by the time the shipment arrives (for example your neighbor).

§ 5.3 If not all of your ordered items are in stock we are able to deliver a part of them on our costs, only if this is reasonable for you.

§ 5.4 If the delivery is not possible after trying three times because of your fault, for example because you are not at home, we can cancel the contract. Your payments will be reimbursed immediately.

§ 5.5 If the ordered item is not in stock because of the fault of the distributor, we can cancel the contract. In this case we will inform you immediately and try to find an assimilable product with you. If there is no alternative product for you, we will reimburse your money directly.

§ 6 Terms of payment
§ 6.1 Payment shall be made either in advance, by credit card or PayPal. Payment methods may differ in foreign countries.

§ 6.2 In case of advance payment, we will provide our bank details in the order confirmation. The invoice is to be paid within 10 days to our account. When paying by credit card, your account will be debited upon delivery of the goods.

§ 6.3 In default of payment, interest will be charged at the base rate plus 5%. We reserve the right to claim for higher ammounts.

§ 6.4 A right of set off is available if your claims are legally established in court, or are undisputed and acknowledged by us in writing.

§ 6.5 You can withold payment only if the claims arise from the same contract.

§ 7 Retention of title
The goods remain our property until full payment is made. Before transfer of title, transfer processsing or alteration without our consent is prohibited.

§ 8 Statutory right of withdrawal
§ 8.1 Please find below the legally required instructions for the conditions and consequences of withdrawal for the consumer (§13 BGB), who concluded a contract with us outside of our business premises or through a distance-contract.

Instructions on withdrawal

You have the right to withdraw your purchase within 14 days without giving a reason.

The withdrawal period is measured as 14 days from the day upon which you or an authorised third party, not including any courier, took delivery of the goods.

In order to exercise your right to withdraw your purchase, you must inform us about your withdrawal by sending a declaration by post, fax or email, using the following contact details:

Musik Produktiv GmbH & Co. KG
Retouren-Abteilung
Fuggerstraße 6
49479 Ibbenbüren
Germany

E-Mail: retouren@musik-produktiv.de
Tel.: +49 (0) 54 51/9 09-424
Fax: +49 (0) 54 51/9 09-249

You may use this sample widthdrawal form, but this is not compulsory.

In order to exercise your right to withdraw it is sufficient to notify us of your intention to withdraw before the end of the withdrawal period.

Consequences of withdrawal
If you withdraw your purchase, we agree to unequivocally refund the total payment received, including delivery costs (with the exception of additional costs in relation to any form of delivery other than our standard cheapest delivery option), within 14 days from the day on which you notify us of withdrawal. For the refund we will use same payment method for which you made the initial purchase, unless you notify us of an alternative payment method. In no circumstances will you be charged fees in relation to the refund.

For goods delivered by package
We reserve the right to delay a refund until the point at which we have received the returned goods or the point at which you send us proof of return.

You must, without exception, return the goods within 14 days of the day on which you notify us of the withdrawal of purchase. You must return the goods by post or in person to Musik Produktiv GmbH & Co. KG, Fuggerstraße 6, 49479 Ibbenbüren, GERMANY. The withdrawal period is valid provided that you return the goods within the period of 14 days.

We cover the costs of returning the goods.
For bulk goods
We collect the goods. We cover the cost of collecting the goods.

You must only cover any possible loss in value of the goods if the loss is caused by use beyond plain testing constitution, characteristic and features.

When shipping outside Germany we must unfortunately charge for the costs of returning the product, assuming the delivered goods correspond to the ordered goods.


End of instructions on withdrawal

§ 8.a Exclusions on the right of withdrawal
The right to withdraw does not apply to the following contracts:

  • Contracts for the supply of goods which are not prefabricated, for which their production requires an individual specification or decision by the consumer is required or goods which are clearly tailored to the personal needs of the consumer.
  • Contracts for the supply of sealed goods which for reasons of health or hygiene are unsuitable to return after being unsealed by the consumer upon delivery.
  • Contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
  • Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
  • Contracts for which the consumer has specifically requested the contractor to visit them to carrying out urgent repairs or maintenance; this does not apply with respect to further services rendered during the visit which the consumer has not expressly requested, or with respect to delivered goods which are required for the maintenance or repair which are not necessarily as spare parts.

Customers from Non-EU countries are not entitled to this returns policy.

§ 8.b Returns upon exercising the right of withdrawal
Upon exercising your right to withdraw (see "Instructions on withdrawal"), returns within Germany are free of charge if the price of the item to be returned exceeds €40 EURO and if you have already made payment or a contractually agreed partial payment at the time of withdrawal.

When shipping outside Germany we must unfortunately charge for the costs of returning the product, assuming the delivered goods correspond to the ordered goods.

§ 8.c General terms regarding returns
Please avoid damage and contamination. Send the product wherever possible in its original packaging with all accessories and with all packaging components. Use a protective outer packaging.

Please use the enclosed return form for the return of goods suitable for parcel service. This dispatch is then free.

Please note that the terms mentioned under the heading "General terms regarding returns" are not a prerequisite for the effective exercising of the right to withdraw.

§ 9 Extended right of return (30 days money-back)
§ 9.1 In addition to the 14-day statutory right to withdraw for package-delivered goods, Music production GmbH & Co. KG offers consumers an extended right of return (30 days money-back) for the subsequent 16 days. The customer may return the goods received from us by package-freight without notice and for any reason during the time period of 30 days. The time limit begins after the complete receipt of goods. To meet the deadline the timely return of the goods or sending proof of return to Music production GmbH & Co. KG is sufficient. The customer should indicate whether they request an amount to be credited to their account, reimbursed or to be credited towards the purchase of another product.

§ 9.2 If the customer exercises the extended right of return (30 days money-back) beyond the statutory 14-day withdrawal period, the customer shall bear the cost of return.

§ 9.3 The extended right of return (30 days money-back) is not applicable for

  • Contracts for the supply of goods which are not prefabricated, for which their production requires an individual specification or decision by the consumer is required or goods which are clearly tailored to the personal needs of the consumer.
  • Contracts for the supply of sealed goods which for reasons of health or hygiene are unsuitable to return after being unsealed by the consumer upon delivery.
  • Contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
  • Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
  • Contracts for which the consumer has specifically requested the contractor to visit them to carrying out urgent repairs or maintenance; this does not apply with respect to further services rendered during the visit which the consumer has not expressly requested, or with respect to delivered goods which are required for the maintenance or repair which are not necessarily as spare parts.

Customers from Non-EU countries are not entitled to the extended right of return (30 days money-back).

§ 9.4 Goods that are returned outside the 14-day statutory right to withdraw and under the extended right to return (30 days money-back) must be returned with all accessories in original packaging or secure repackaging. Music Production GmbH & Co. KG reserves the right to test any returned used product in the shop as it may have been tested prior to purchase by the consumer, to value the product based on reasonable depreciation and refund accordingly or return the used product to the customer without a refund if necessary.

§ 9.5 All purchases on finance are excluded from the extended right of return (30 days money-back).

§ 9.6 The statutory 14-day right of withdrawal is not affected by provisions for the extended right of return (30 days money-back). The provisions in the above paragraphs within the section "Extended Right of Return (30 days money-back)" do not apply in the first 14 days, which are governed by the statutory right to withdraw, but only during the following 16 days.

§ 10 Transportation damages
§ 10.1 If goods are delivered damaged, please report the damage immedately to the carrier and to us as soon as possible.

§ 10.2 Failure to report damage to the carrier does not influence your statutory warranty rights, but help us make our claims against the carrier or transport insurance carrier.

§ 11 Guarantee
The warranty is subject to statutory provisions.

§ 11.a 5 Year warranty for designated products
Musik Produktiv offers a 5 year warranty on specified products via our online shop, catalog, and promotional offers.

This warranty is subordinated to the manufacturer's warranty and applies only to products purchased from Musik Produktiv GmbH & Co. KG.

A proof of purchase will be required for this 5 year warranty.

1. The warranty is limited to free removal of defects due to material or workmanship.

2. The warranty grants no right to reduce the purchase price, to rescind the contract, or for damages for non-performance.

3. Musik Produtiv will either repair a defective product or supply a repacement product at our choice. This can be an alternative product if the original product is no longer available.

4. Warranty is not extended to the following cases:
a) Products subject to wear.
b) Damage cased by improper use, lack of maintenance, or failure to follow operating instructions.
c) Attempted repair by unautorized parties.
d) Damage caused by accident, force majeure or other circumstance for which Musik Produktiv GmbH & Co. KG is not responsible.
e) Minor faults which do not infuence the nature of the product.

5. The guarantee applies on in connection with the original invoice or Musik Produktiv Servicepasse and must be requested in writing or e-mail within the 5-year period.

6. Warranty service does not lead to the renewal or extension of the warranty period.

7. Please send a copy of the original sales invoice, Musik Produktiv-servicepass, and a description of the product fault when requesting service. We will repair or replace the faulty product as soon as technically possible.

8. Customers outside of Germany must pay shipping costs for the return of defective goods. The transport risk of sending defective goods is with the customer, while the rist of returning repaired goods to the customer lies with Musik Produktiv GmbH & Co. KG.

9. Costs of regular maintenance and service are not covered by warranty.

10. There will be no further claims for damages under the guarantee agreement with Musik Produktiv GmbH & Co. KG.

§ 12 Final determination
If any provision of these Terms and Conditions are invalid, the remaing terms of the contract shall remain valid.

Frequently Asked Questions

How does the shopping basket work?
Products can be added to the shopping basket by clicking Add To Cart. You can view your shopping basket at any time by clicking the Shopping Basket button, and products may then be removed form the basket. If you want to buy the products in your shopping bsket, click the Checkout button.

Do I need to register?
After proceeding to Checkout, you are asked to enter your data. Mandatory fields are marked with an asterisk. You can optionally create an account with us, and make future orders by entering your name and password, without having to re-enter your data.

When does my order become binding?
By clicking the Order button, you complete the ordering process. The process can be canceled at any time by closing the browser window.

Should I save my order?
No need to save the order as we send you an e-mail with order information and terms and conditions. If you have established an account with us, you can go to the customer login area and view your order.