§ 1. General Information

1. These General Terms of Trade apply to business relations of all kinds. Any other deviant negotiations have no legal validity unless agreed upon in writing.

2. All offers made by Musik Produktiv and appearing in press, circulars, brochures, catalogues, internet etc. are not binding and can be altered without notice.

3. Orders can either be placed through our online-shop, per e-mail, by telephone, telefax or in any other form and only become legally binding for Musik Produktiv, if they have been confirmed in writing, or if the goods and/or an invoice has/have been sent.

4. Musik Produktiv reserves the right to amend existing orders completely or partially due to currency exchange, rate fluctuations or changing cost prices. Special offers are valid subject to stock.

5. Musik Produktiv reserves the right to refuse delivery, if the goods are no longer available; both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In this case the customer will be notified immediately.

§ 2. Delivery

1. All delivery prices, periods and fees are quoted in the chart for Shipping Charges. Partial deliveries apply accordingly.

2. The delivery is sent to the address indicated by the customer. The delivery address can possibly deviate from the customer’s home address. This must be verified on order. Delivery to post-box addresses is not possible.

3. All delivery prices, VAT, and other ensuing charges, are subject to the individual terms and conditions of the country of destination.

4. The customer or an authorized individual should examine the goods after delivery and identify any damages in transit. All transportation damages are to be reported instantly in written form. Packaging damages are to be confirmed in written form by the carrier upon delivery.

5. Any information concerning delivery dates is not legally binding, unless a definite date is agreed upon in writing.

§ 3 The Right of Return

1. All articles can be returned without reason within 30 days, and thus, are subject to our “Money Back Guarantee”. The goods must be returned to Musik Produktiv in orderly condition, without signs of wear and tear, free from all third party claims at the cost and risk of the customer.

2. The returned goods are to be sent to:

Musik Produktiv
Fuggerstr. 6
49479 Ibbenbüren
Germany

3. Excluded from this right of return are unsealed data processing media, such as software, DVDs, CDs, and books. Brass- and wind-instruments, and vocal microphones are excluded from the right of return by regulations regarding hygiene factors. For the same reasons of hygiene, the following items cannot be returned; earplugs, headphones and headsets of all kinds e.g. in-ear-monitoring.

4. Refund is also forfeited if the goods have been manufactured according to customised specifications.

5. Refund will be carried out, by a transfer to your bank account, or if payment was with credit card, via a credit note to your credit card account.

6. Refund is only made if the goods are in perfect condition. The right of return may be refused, if there are any marks, scratches or stains etc. which cannot be removed. Alternatively, the sum of money to be returned will be adjusted accordingly.

7. Musik Produktiv is not liable to return any shipping costs to customers outside of Germany.

§ 4. Warranties

1. Defects or damages of any kind caused by the customer or an unauthorized individual are not protected by warranty.

2. Naturally occurring signs of wear and tear are equally excluded from warranty.

3. Warranty claims arising from damages in transit may only be enforced by the customer in accordance with § 2.

4. The statutory warranty period for counties abroad is two years and begins on arrival of the goods.

§ 5. Guarantee

1. In addition to the statutory warranty, Musik Produktiv grants a 5-year-guarantee on special products declared as such in our online-, catalogue-, or brochure-advertising. All products not distinguished for a 5-year guarantee, are subject § 4. 4.

2. Musik Produktiv´s 5-year guarantee is, however, secondary to possible manufacturer guarantees. In this respect the rights resulting from the contract lie solely by the manufacturer of the delivered goods, as far as he has obliged himself by own right to grant a guarantee.

3. This guarantee is only valid in combination with the original invoice, a receipt and/or Musik Produktiv´s guarantee-and service-documents and must be claimed within the 5-year warranty period in written form or per E-mail.

4. Musik Produktiv is eligible to refuse guarantee claims, if the faulty product is sent to us failing to provide the valid invoice and, guarantee-and/or service-documents. Furthermore, a written report to the fault is needed.

5. This guarantee is restricted to the free of charge remedy of deficiencies, which are verifiable to manufacturing or material faults.

6. This guarantee does not reserve the right to reduce the purchase price, to step back from the contract or to claim compensation in the case of non-fulfilment.

7. Musik Produktiv is authorized to supply a faultless product; this can also mean it being a successor version or an adequate varying product.

8. The guarantee is not valid in the following cases:

a. roducts or parts that are subject to wear. b. For damage due to improper use, improper handling, wrong maintenance and care or by ignoring the operation manual.
c. If the product has been opened or an attempt has been made to repair it.
d. For damage caused by accidents or mishaps, force or other circumstances not inalienable by Musik Produktiv.
e. If a negligible tolerance occurs between current and normal state.

9. Fulfilled guarantees do not influence the guarantee time according to automatic renewal or extension.

10. Shipping charges to countries abroad are not part of the warranty declaration and therefore must be covered by the customer. After the product is repaired, Musik Produktiv returns the product free of charge. The peril of incoming returns lies solely and thoroughly with the customer. Outgoing shipments are at the risk of Musik Produktiv.

11. Further demands, especially damage claims, cannot be affiliated from this guarantee agreement by Musik Produktiv.

§ 6. Payment

1. Invoices sent by Musik Produktiv are to be paid in full without delay, unless other agreements have been set in writing.

2. If the customer should be in arrears in respect to the invoice amount, an interest of 5 % of the total invoice sum is additionally brought to account.

3. There is no standard method of payment for international deliveries. All delivery prices, periods and fees are quoted in the chart for Shipping Charges. Partial deliveries apply accordingly.

4. If the customer chooses prepayment as method of payment, Musik Produktiv will send an order confirmation respectively a prepayment invoice as an E-mail. All information needed is included in this invoice.

5. Where payment is possible with VISA, Eurocard/Mastercard, or with American Express. We reserve the right to request copies of the credit card and passport/ ID by initial orders and larger invoice amounts, and may also carry out a credit-assessment. However, we do not accept credit-card-payments from every country.

6. COD-payments must be made in the local currency. However, COD-payments are not acceptable in all countries. Charges for COD vary from country to country.

§ 7. Reservation of Ownership

1. The delivered goods remain the property of Musik Produktiv until all payment and/or side obligations has/have been completed.

2. The customer is not authorized to tender the goods to third parties until the total invoice amount has been paid.

§ 8. Jurisdiction

1. Legal jurisdiction is put into effect by the Federal Republic of Germany only.

2. Place of execution for all legal actions with Musik Produktiv is Ibbenbüren, Federal Republic of Germany only.

§ 9. Final Clause

Should any of the single contractual conditions above – for which reason whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.