General Terms and Conditions
1. Scope of application
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An 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.
The following applies to businesses: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. Contractual Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with Musikhaus Hermann OHG.
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.
We accept your offer within two days by
- submitting a declaration of acceptance in a separate email or, if applicable, by processing the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
3. Contract Language, Contract Text Storage
The language(s) available for concluding the contract: German, English
We save the contract text and send you the order data and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible online.
4. Subject of the Contract
4.1 Product Description
Please note that the respective product description is an essential part of the contract.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you have any uncertainties, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colors are possible.
For wood products, natural variations in the grain, structure, and color of the wood are possible.
4.3 Right of use
The sketches, drafts, preliminary products, etc. that we may create to fulfill the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order within the contractually agreed scope.
5. Requirements and Handling of Customer Content
5.1 Requirements
If the fulfillment of the order requires you to submit content (e.g., texts, data, files), the available technical possibilities and any applicable requirements are determined by the respective product description.
You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not conduct any editorial review of the content before executing the order.
5.2 Compliance with Applicable Law
The content and the products created from it must always comply with the applicable legal provisions. In particular, they must not infringe the rights and claims of third parties (in particular copyrights, trademarks, or other intellectual property rights), nor contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic, or otherwise immoral or unconstitutional.
5.3 Indemnity
You indemnify us against any claims made by third parties in connection with a violation of their rights through our contractual use. You also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This indemnity does not apply if you are not responsible for the violation. In the event of a claim by third parties, you are obligated to promptly, truthfully, and completely provide us with all information necessary for the examination of the claims and for a defense.
5.4 Right of Withdrawal
We reserve the right to reject the order or withdraw from the contract if the content you have provided violates legal or official prohibitions or violates common decency, or if there is reasonable suspicion of such violation. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
6. Delivery Conditions
6.1 Delivery Options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of picking up your order from Musikhaus Hermann OHG, Gymnasiumstrasse 2, 88400 Biberach, Germany, during the following business hours: by appointment.
6.2 Delivery by Freight Forwarder
Appointment Arrangement
For freight forwarder deliveries, the freight forwarder commissioned by us will contact you to arrange a delivery date.
Place of Delivery
Delivery of the goods is limited to the transport and unloading of the goods at the first public curb at the agreed delivery address. Delivery does not include delivery to specific premises or assembly and/or installation of the ordered goods, unless otherwise expressly agreed.
7. Payment
The following payment methods are generally available in our shop.
Prepayment
If you select prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
Cash on Collection
You pay the invoice amount in cash upon collection.
Credit Card
You provide your credit card details during the ordering process.
Your card will be charged immediately after you place your order.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed immediately after you place your order. Further information will be provided during the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed immediately after you place your order. You will receive further information during the ordering process.
PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction.
PayPal can offer registered PayPal customers, selected according to its own criteria, additional payment methods in their customer accounts. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. Further information can be found with the respective payment option and during the ordering process.
PayPal
In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction.
The payment transaction is processed by PayPal immediately after the order is placed.
PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods in their customer accounts. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
Credit card via PayPal
Your card will be charged through PayPal immediately after you place your order.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment order, you grant PayPal a direct debit mandate. PayPal will inform you of the date your account will be debited (so-called prenotification). Your account will be debited before the goods are shipped.
Instalment purchase via BNP Paribas S.A., German branch, Munich location
In cooperation with BNP Paribas S.A., German branch, Munich location, Schwanthalerstr. 31, 80336 Munich, Germany, we offer you the option of installment purchase. This requires a successful address and credit check. The General Terms and Conditions of BNP Paribas S.A., Germany Branch, Munich Location apply to payment processing – in addition to our General Terms and Conditions. Further information, including the General Terms and Conditions of BNP Paribas S.A., Germany Branch, Munich Location, will be provided during the ordering process.
8. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Business owners are not granted a voluntary right of withdrawal.
9. Retention of Title
The product remains our property until full payment has been made.
The following additionally applies to businesses: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
10. Transport Damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.
11. Data Backup
You are responsible for properly and regularly backing up your data. We are not liable for damages resulting from the loss of data if you could have avoided the data loss by regular and complete data backups.
The above restriction does not apply to claims based on damages caused by us, our legal representatives, or vicarious agents.
- in case of injury to life, body, or health
- in case of intentional or grossly negligent breach of duty or fraudulent intent
- in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act applies is.
12. Warranty and Guarantees
12.1 Warranty and Guarantees
The statutory warranty and guarantees apply.
12.2 Warranty and Customer Service
Information on any additional guarantees that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
13. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here.
Important note: The platform for online dispute resolution (ODR) will be permanently discontinued on July 20, 2025. The submission of complaints on the ODR platform will therefore be discontinued on March 20, 2025. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final Provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Should individual clauses of these General Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain valid. To the extent that individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.