§ 1 Validity, definitions of terms

(1) MB Music · Christina Baron, Kantstraße 24, 66953 Pirmasens, Telephone: +49 6331 228010, Fax: +49 6331 228011, Germany (hereinafter: “we” or “MB Music”) operates an online shop for goods and digital goods on the website https://mbmusic-pro.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.

§ 2 Formation of contracts, storage of the contract text

(1) The following regulations on the conclusion of contracts apply to orders via our online shop at https://mbmusic-pro.de.

(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer makes a binding contract offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

1. Select the desired goods, the digital goods,
2. Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
3. Check the information in the shopping cart,
4. Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Enter/check the address and contact details, select the payment method, confirm the general terms and conditions and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirm a negative quality agreement,
7. Complete the order by pressing the “Buy now” button. This represents your binding order.
8. The contract is concluded when you receive an order confirmation from us at the specified email address within three working days.

(4) If the contract is concluded, the contract is concluded with MB Music · Christina Baron, Kantstraße 24, 66953 Pirmasens, telephone: +49 6331 228010, fax: +49 6331 228011, Germany.

(5) Before ordering, the contract data can be printed out or saved electronically using the browser’s print function. The order is processed and all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, is sent by email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject of the contract and essential characteristics of the products

(1) The subject of the contract in our online shop is:

1. The sale of goods. The specific goods offered can be found on our article pages.
2. The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our article pages.

(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not contractually effectively excluded, the functional updates and necessary security updates are also the subject of the contract.

(3) The essential characteristics of the goods and digital goods can be found in the article description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly stated in the article description (negative quality agreement). If the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.

(4) The restrictions evident from the product description or otherwise arising from the circumstances apply to the sale of digital products, in particular regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, shipping costs and delivery

(1) The prices and shipping costs stated in the respective offers are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before the product is delivered (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the prices stated, shipping costs may be incurred for the delivery of products, unless the respective item is stated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: standard 2-5 working days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Germany.

(6) If the delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs of delivery if you effectively exercise your right of withdrawal. For the return costs, the provisions made by us in the cancellation policy apply if you effectively exercise your right of withdrawal.

§ 5 Updates, consumer cooperation obligations

(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not contractually effectively excluded, the customer will be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).

(2) We are authorized to use a third party to provide the updates (e.g. the manufacturer or its supplier).

(3) The period in which updates are provided depends on the type of purchased item and is explained in the item description.

(4) Consumers are informed about the provision of updates and about the proper installation of these.

(5) The customer is obliged to install the updates provided properly according to the installation instructions.

§ 6 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 7 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our right of withdrawal.

§ 8 Contract language

The only contract language available is German.

§ 9 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.

(2) We are liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached a contractual obligation, liability for material damage and financial loss resulting therefrom is limited to the typically foreseeable damage. A contractual obligation is one whose fulfilment enables the proper execution of the contract in the first place, whose breach endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes in particular our obligation to take action and to fulfil the contractually owed service, which is described in Section 3.

(3) If the customer fails to install an update that has been made available to him and about whose availability he has been informed within a reasonable period of time when purchasing goods with digital elements or when purchasing digital products (digital content and services), we shall not be liable for a material defect that is solely due to the lack of this update.

§ 10 Warranty/customer service

(1) The warranty is based on the statutory provisions.

(2) For businesses, the warranty period for delivered items is 12 months.

(3) As a consumer, you are asked to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to report any complaints to us and the freight forwarder as soon as possible. If you do not do this, this will of course have no effect on your statutory warranty claims.

(4) Our customer service for questions, complaints and objections is available Mon, Wed, Fri from 10 a.m. to 6 p.m. by email info@mbmusic-ps.de and/or by phone: +49 6331 228010.

§ 11 Final provisions/dispute resolution

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.