1. General: The following general terms and conditions apply to all contracts, deliveries and other services. Differing rules of the contractor, we hereby expressly oppose. All ancillary agreements require our written confirmation. Musik Ebert is entitled at any time to change or supplement these General Terms and Conditions, including all possible attachments, with a reasonable period of notice. Orders received before then will be processed according to the old General Terms and Conditions that are still valid.
2. Offer: Our offers are non-binding. We reserve the right to make price and model changes as well as interim sales and price errors.
3. Delivery and payment: Musik Ebert's terms of delivery and payment are detailed in the order form. All our prices include the statutory value added tax of currently 19%. We reserve the right to make a partial delivery if this appears advantageous for speedy processing.
4. Delivery times: Goods that are in stock (we are not liable for transport problems) will be dispatched within 2 working days. If the goods are not in stock when the order is placed, we will endeavor to deliver as quickly as possible. If non-compliance with a delivery or service deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which we are not responsible, the deadline will be extended appropriately. If the delivery period is not met for reasons other than those mentioned above, the buyer is entitled to set a reasonable grace period in writing with the threat of refusal and, after this has expired without success, to withdraw from the contract with regard to the delivery or service contained in the contract. If the impossibility of delivery is based on the inability of the manufacturer or our supplier, both we and the buyer can withdraw from the contract if the agreed delivery date is exceeded by more than 2 months. Claims for damages due to delay or impossibility or non-performance, including those that arose before the contract was withdrawn, are excluded. Unless a legal representative of Musik Ebert acted intentionally or with gross negligence.
5. Passing of risk: The risk passes to the buyer when Musik Ebert dispatches the goods.
6. Guarantee: Musik Ebert guarantees that the goods sold are free of material and manufacturing defects at the time of the transfer of risk and have the contractually guaranteed properties. Upon arrival, the customer must inspect the goods immediately for defects and quality. In the event of obvious defects, these must be reported to us in writing within 2 working days of discovery, as must hidden defects. Otherwise the warranty for these defects is void. The warranty period is 24 months from delivery. In the case of complaints, the date of purchase must be proven with an invoice. The item complained about must be sent in with sufficient postage after prior notification by telephone together with a copy of the invoice. The warranty does not cover normal wear and tear. The warranty expires if the customer changes the delivered goods. The buyer has the right to free repairs during the warranty period. A partial or complete exchange of the article is permissible. If defects are not remedied within a reasonable period of time, the buyer is entitled to change or reduction. Section 476a of the German Civil Code applies.
7. Retention of title: The goods remain the property of Musik Ebert until full payment has been made.
8. Data storage: In accordance with Section 28 of the Federal Data Protection Act (BDSG), we draw your attention to the fact that the data required for the transaction is processed and stored using an EDP system in accordance with Section 33 (BDSG). Personal data will be treated confidentially.
9. Place of jurisdiction: Place of performance and place of jurisdiction for both parties is Musik Ebert's headquarters in Constance. It is only the law of the Federal Republic of Germany
10. Note: In its judgment of May 12, 1998 - 312 O 85/98 - "Liability for links", the Hamburg Regional Court ruled that by including a link on ones page, one may also be accountable for the content of the linked page. According to the regional court, accepting this accountability can only be ruled out by expressly disassociating oneself from this content. We hereby expressly distance ourselves from all content of the links on this homepage and do not adopt this content as our own
Terms of Use
OVERVIEW
This website is operated by Musik-Ebert GmbH. Throughout the site, the terms "we", "us" and "our" refer to Musik-Ebert Gmbh. Musik-Ebert Gmbh offers this website including all information, tools and services available on this website for you as a user, provided that you accept all conditions, guidelines and notices stated here.
When you visit our website and/or purchase something from us, you subscribe to our “Service” and agree to be bound by the following terms (“Terms of Service”, “Terms”), including these additional terms and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are browsers, providers, customers, merchants and/or content contributors.
Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the website, you agree to these Terms of Use. If you do not agree to all of the terms of this Agreement, do not access the Site or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current store are also subject to the Terms of Service. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Website following the posting of any changes will constitute acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORAGE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to permit one your minor relatives to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or destructive code.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service at any time for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and (a) involves transmissions over various networks; and (b) changes to adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us, to sell, resell or use .
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if any information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that your computer monitor's color display will be accurate.
We reserve the right, but have no obligation, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue products at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any product, service, information or other material purchased or received by you will meet your expectations or that errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders from or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit any orders that, in our sole discretion, are placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please refer to our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever for or in connection with your use of optional third-party tools.
The use of optional tools offered on the website is at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party.
We may also offer new services and/or features through the Website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these Terms of Use.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may contain materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and do not warrant or accept any liability for, any third party materials or websites, or any other third party materials, products or services.
We shall not be liable for any damages related to the purchase or use of any goods, services, resources, content or any other transactions made in connection with third party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions about Third Party Products should be directed to a third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
When you send certain Submissions (e.g., contest entries) at our request or without request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise ( collectively "Comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any Comments that you submit to us at any time without restriction in any medium. We are not and will not be obligated (1) to keep any Comments confidential; (2) to pay compensation for any Comments; or (3) to reply to comments.
We may, but have no obligation, to monitor, edit or remove any Content which, in our sole judgment, is unlawful, objectionable, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes the intellectual property of any party or violate these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the shop is subject to our privacy policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there is information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order) . .
We undertake no obligation to update, change or clarify any information on the Service or on related websites, including without limitation pricing information, except as required by law. No stated update or update date applied in the Service or on any related website should be used to indicate that any information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) soliciting others to perform or participate in illegal activities; (c) violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) spam, phishing, pharm, subterfuge, spider, crawl or scratch; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the Prohibited Uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We make no warranty that the results that may be obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service from time to time indefinitely or terminate the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, express or express of any kind implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or any consequential damages of any kind, including , without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, from using any of the Services or Products provided obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in content or other loss or damage of any kind caused by the use of the Service or any Content (or Products) posted, transmitted, or otherwise made available through the Service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 - DECLARATION OF DAMAGES
You agree to indemnify and hold Musik-Ebert GmbH and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable claims , indemnify, defend and hold harmless attorneys' fees made by any third party due to or arising out of your breach of these Terms of Service or the documents to which they refer, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect its validity and enforceability other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Use apply until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or when you stop using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including without limitation any prior versions of the Terms of Use).
Ambiguities in the interpretation of these terms of use are not to be construed against the author.
SECTION 18 - APPLICABLE LAW
These Terms of Use and any separate agreements through which we provide services to you are governed by and construed in accordance with the laws of Musik-Ebert Gmbh, Hussenstrasse 45-49, 78462 Konstanz, Germany.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You can view the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use will constitute acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Please send questions about the terms of use to info@musik-ebert.de