These terms and conditions are only the basis for each order which the customer makes at shop.strehmann-music.com and for the mailing of the goods. For all legal relations at shop.strehmann-music.com the law of the Federal Republic of Germany is applied. This choice of law is only applicable towards a consumer insofar as it does not limit any ius cogens of the country in which the consumer is residing.
Both consumers and businesses can be customers in the sense of these terms and conditions. The contract comes into force between the customer and the owner of shop.strehmann-music.com Ronny Strehmann:
The terms and conditions are applicable as of the time of the respective order. Rules which deviate from or supplement these only become part of the contract if there is an explicit written consent regarding their application.
2. Conclusion of the contract
Offering the products at shop.strehmann-music.com is no binding offer to enter into a purchase contract yet, but it is an encouragement of the customer to make such an offer to enter into a purchase contract with shop.strehmann-music.com. Only once the customer sends an order to shop.strehmann-music.com does this constitute an offer towards shop.strehmann-music.com to enter into a purchase contract.
shop.strehmann-music.com will accept the offer by confirming the order to the customer by e-mail. This will confirm to the customer that the order will have been executed or the goods will have been dispatched, and only this leads to the conclusion of the contract. The order confirmation which will be mailed out immediately after the order but before the confirmation of the execution of the order does not constitute the conclusion of the contract.
If the customer does not receive an order confirmation or a confirmation of dispatch within five days, the customer is no longer bound by the order. If payments have already been made, they will be reimbursed without delay.
shop.strehmann-music.com is entitled to refuse acceptance of any offer to enter into a purchase contract without having to provide reasons for this refusal. If the customer has already paid for the ordered goods in such a case, the respective amount will be reimbursed within ten working days.
The processing of the order and the transfer of the information required for the conclusion of the contract will partially be done through automated e-mails. The customer will therefore have to ensure that the e-mail address which shop.strehmann-music.com has stored for him/her will be correct and that he/she is able to receive e-mails, especially that the receipt of e-mails is not hindered by the use of spam filters.
In case of purchasing Downloads the delivery of the digital content is executed when the customer receives the execution confirmation of the order since this confirmation already contains the access to the requested data. The customer agrees that the right of cancellation expires once the execution confirmation is sent electronically.
Customers’ queries about the purchase of goods or for individual offers outside of the online shop which are made e.g. by phone or by e-mail are non-binding for the customer. shop.strehmann-music.com will provide the customer with a binding offer in written form which the customer may then accept within five days.
3. Amendments and non-availability
Information regarding the measurements of the products listed at shop.strehmann-music.com are only approximate values and are not supposed to be understood as an exact assurance of such characteristics.
No guarantee is assumed for the products offered in the online shop being available at all times and in any desired quantity. If one or more products are not available for dispatch, shop.strehmann-music.com will inform the customer immediately.
4. Prices and fees for postage
The prices listed at shop.strehmann-music.com are final prices which are not subject to VAT. The shop owner cannot list the VAT in the invoices because shop.strehmann-music.com is a small business in the sense of § 19 I (1) of the Sales Tax Act (»Umsatzsteuergesetz«) and is thus not subject to VAT. The listed prices are without the fees for postage and for dispatch.
The fees for the dispatch of the ordered goods are shown on the page Shipping Costs and will be explicitly mentioned during the order process. The customer has to pay for them additionally, unless a postage-free delivery has been agreed on. The customer will receive an invoice from shop.strehmann-music.com which will not show any VAT due to the exception for small businesses.
Payment of the ordered goods has to be made in advance. It is possible to pay by bank transfer or by Paypal. The amount is due within ten days after the order confirmation at the latest. In case of a late payment, shop.strehmann-music.com may make use of the right to withdraw from the contract or claim damages.
6. Delivery and passing of risk
The delivery will be carried out by third parties to the address provided by the customer, unless otherwise agreed. Within the EU, the maximum delivery time is two weeks. Delivery times to outside of the EU may deviate from this delivery time. The delivery time only begins to be counted after the receipt of the complete purchase price including delivery charges. Statements regarding the delivery time are non-binding. If orders are placed where the delivery is supposed to go to a third party, the ordering party is treated as the customer, unless something different has been agreed explicitly and in writing.
Purchasing downloads allows the customer to download the tracks using the link that will be sent to the customer’s e-mail address which was specified during the order process. The download link will be sent as soon as the receipt of payment is confirmed. After the download links have been sent, the tracks are available for the customer to be downloaded within the next three days.
shop.strehmann-music.com may supply partial deliveries unless the customer would suffer substantial disadvantages from doing so and as long as the delivery time communicated to the customer for the delivery of the whole order won’t be affected. This does not deny the rights laid out in § 320 of the Civil Code (»Bürgerliches Gesetzbuch«). Shipping charges will only be invoiced once in the case of partial deliveries.
The delivery of all the products at shop.strehmann-music.com is possible to any country which is included in the list of countries that appears during the order process for the purpose of entering the customer’s contact data.
For deliveries to countries outside of the European Union further import costs may apply (taxes, customs duties, import turnover tax and/or other charges). They are not taken into account in the prices declared at shop.strehmann-music.com. The customer is recommended to obtain further information from the competent authorities before an order is placed.
If the customer is a business, the risk of coincidental loss or coincidental deterioration of the sold good is passed on to the customer when the goods are handed over to the logistics partner.
7. Retention of ownership
Until the full payment will be made, the goods will remain the property of shop.strehmann-music.com.
Unless otherwise stated, any use of the products listed at shop.strehmann-music.com is subject to the German Copyright Act.
With the purchase of physical goods the customer acquires a simple right of use solely for the private, non-commercial and appropriate use of the product. With the purchase of downloads the customer is granted a non-exclusive, non-transferable right of use of the music content only for private, non-commercial entertainment purposes.
The rights of use are not deemed to have been transferred if the purchase price has not been (fully) paid. The customer is not permitted to copy, distribute, process or make the purchased products available to the public or make use of it in any other way, whether by analogue or digital means.
Any amendment or extension of the originally granted right of use requires the customer to be registered and the payment of a fee. In this case the customer has to inform the shop owner and register the new purpose of use.
Passing on physical or digital images to third parties is not permitted and requires the explicit consent of the shop owner. He retains the right to claim damages if the customer uses or distributes the images protected by copyright to third parties without permission.
9. Warranty and liability
The German law on defective products applies. shop.strehmann-music.com explicitly does not assume any warranty.
shop.strehmann-music.com is not liable for light deviations of the delivered goods from the images and descriptions of the products listed at shop.strehmann-music.com. Based on the current state of production and printing technology, minor deviations cannot be ruled out for printed products. These can effect the measurements or the format of the products, the colouring and the composition of the material. Deviations like these do not entitle the customer to object to the quality of the product because they are no defect in the legal sense.
The defects liability also does not cover defects which are due to wear and tear, inappropriate use and wrong or lacking care or storage. The storage life of photographic print products depends on environmental influences. Depending on how much they are exposed to these influences, the quality of the trueness of the colours and brilliance can deteriorate, possibly fade out.
If the product was already defective when it was handed over to the customer and if these defects are not exempt from the statutory liability for defects due to the characteristics of the product or due to other legal limitations, the customer may choose between receiving a substitute for product, reducing the purchase price or withdrawing from the purchase contract. A repair of the product is not possible because it is either impossible due to the characteristics of the product or because it would lead to unreasonable expenses. If the customer opts for the receipt of a substitute or withdraws from the purchase, it is imperative that the customer will return the defective product.
The provision of the remedies for defective products is dependant on shop.strehmann-music.com being granted the possibility to check the defect. This may occur either by returning the defective product to shop.strehmann-music.com or through other helpful measures like the customer taking photos of the product and mailing them to shop.strehmann-music.com. If the facts are in dispute shop.strehmann-music.com has the right to insist on the return of the defective product. The return postage will be borne by shop.strehmann-music.com and the company may choose the method of shipment.
shop.strehmann-music.com does not assume any liability which might arise from the use of the products.
Based on the current state of technology, data communication over the internet cannot be guaranteed to be error-free and available at all times. shop.strehmann-music.com is therefore not liable for the constant or uninterrupted availability of the internet presence.
10. Right of cancellation for consumers
Consumers are entitled to the right of cancellation according to the following conditions, whereby the consumer is any natural person who enters into a legal transaction for a purpose which is attributed neither to a commercial nor to the person’s independent professional occupation:
You have the right to cancel the contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which
– you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
– you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good in the case of a contract relating to multiple goods ordered by you in one order and delivered separately; or
– you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece in the case of a contract relating to delivery of a good consisting of multiple lots or pieces.
In case more than one of the above alternatives applies to your contract the cancellation period starts once you or a third party other than the carrier acquires the last good or the last lot or piece.
To exercise the right to cancel, you must inform the shop owner Ronny Strehmann of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
You may use the offered model cancellation form, but it is not obligatory. You can also send an e-mail via the contact form in which you declare the cancellation. Please include your name and address, the goods you have ordered, the date of your order and receipt of the goods. If you use this option, shop.strehmann-music.com will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, shop.strehmann-music.com will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by shop.strehmann-music.com).
shop.strehmann-music.com may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
shop.strehmann-music.com will make the reimbursement without undue delay, and not later than
– 14 days after the day shop.strehmann-music.com receives back from you any goods supplied, or
– (if earlier) 14 days after the day you provided evidence that you have returned the goods, or
– If there were no goods supplied, 14 days after the day on which shop.strehmann-music.com is informed about your decision to cancel with contract.
shop.strehmann-music.com will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
shop.strehmann-music.com may withhold reimbursement until shop.strehmann-music.com has received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to the shop owner Ronny Strehmann without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to shop.strehmann-music.com. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of cancellation
The right of cancellation does not, inter alia, apply to:
– the delivery of goods which are not prefabricated and whose manufacture requires an individual selection/definition or which are manufactured to customer specifications or clearly tailored for personal needs
– the delivery of goods whose nature make them unsuitable for a return (e.g. e-books, downloads, etc.), which may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or for the delivery of newspapers, periodicals and magazines (unless your declaration to enter into a contract for the delivery of newspapers or magazines was rendered over the telephone)
– the supply of digital content (including ebooks, mp3 downloads) which is not supplied on a tangible medium (e.g. on a CD or DVD). By placing an order you agree to these terms and conditions in which is specified that the downloadable content is excluded from the right of cancellation once shop.strehmann-music.com starts to deliver it by providing you access to the requested data.
Notes on the exceptions to the right of cancellation
Downloads are excluded from the right of cancellation once shop.strehmann-music.com has executed the order and thereby provides you the access to the requested data.
11. Final clauses
For all disputes that may arise out of the contractual relationship between shop.strehmann-music.com and the customer, a lawsuit has to be brought before the court which has jurisdiction for the registered company seat of shop.strehmann-music.com if the customer is a business, an administrative legal entity or a special public estate. In all other cases, the statutory rules about jurisdiction apply. The application of the UN Sales Convention is explicitly ruled out.
12. Severability clause
In case one clause should prove to be or become ineffective or incomplete these terms and conditions shall remain in legal effect.