Terms and Conditions
1. Scope of Application
2. Contracting Parties, Conclusion of Contract, Correction Options
3. Contract Language, Storage of Contract Text
4. Subject Matter of the Contract
5. Requirements and Handling of Customer Content
6. Delivery Terms
7. Payment
8. Right of Withdrawal
9. Retention of Title
10. Transport Damage
11. Data Backup
12. Warranty and Guarantees
13. Dispute Resolution
14. Final Provisions
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 enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
For businesses, the following applies: If the business uses conflicting or supplementary terms and conditions, their validity is hereby rejected; 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 the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in 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 is sent by email immediately after the order is submitted.
We accept your offer within two days by:
• sending a declaration of acceptance in a separate email or
• if applicable, processing the payment transaction through our service provider or the selected payment service provider. The processing time 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 store the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Subject Matter of the Contract
4.1 Product Description
The validity of the respective product description as an essential part of the contract is hereby noted.
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 questions, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and the actual product colors are possible.
For wooden products, natural variations in grain, structure, and color of the wood are possible.
4.3 Right of Use
Any 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 your content for the purpose of fulfilling the order, to the extent contractually agreed.
5. Requirements and Handling of Customer Content
5.1 Requirements
If fulfilling the order requires you to provide us with content (e.g., texts, data, files), the available technical options and any applicable requirements are governed by the respective product description.
You are solely responsible for the content, including its legality and accuracy. We do not conduct any editorial review prior to order fulfillment.
5.2 Compliance with Applicable Law
The content and any products created from it must always comply with applicable legal provisions. In particular, they must not infringe upon the rights and claims of third parties (especially copyrights, trademarks, or other intellectual property rights) and must not contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic, or otherwise immoral or unconstitutional.
5.3 Indemnification
You shall indemnify us against any claims by third parties that may arise in connection with an infringement of their rights through our contractual use of the content. You will also bear the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This indemnification does not apply if the infringement is not attributable to you. In the event of a claim by a third party, you are obligated to provide us immediately, truthfully, and completely with all information necessary for examining the claims and mounting a defense.
5.4 Right of Withdrawal
We reserve the right to refuse the order or withdraw from the contract if the
content you provide violates legal or regulatory prohibitions or accepted
standards of decency, or if there is reasonable suspicion of such violations.
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 Terms
6.1 Delivery Options
We ship the products to the delivery address specified during the ordering process.
You have the option of picking up your order at Musikhaus Hermann OHG, Gymnasiumstrasse 2, 88400 Biberach, Germany, during the following business hours: by appointment.
6.2 Delivery by Freight Carrier
Scheduling
For deliveries by freight carrier, the carrier we have commissioned will contact you to arrange a delivery date.
Delivery Location
Delivery of the goods is limited to transport and unloading 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 expressly agreed otherwise.
7. Payment
The following payment methods are generally available in our shop:
Prepayment
If you select prepayment, we will send you our bank details in a separate email and deliver the goods after payment has been received.
Cash on Collection
You pay the invoice amount in cash upon collection.
Credit Card
During the ordering process, you enter your credit card details. Your card will be charged immediately after placing your order.
Apple Pay
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 credentials, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further information during the ordering process.
Google Pay
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 credentials, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. You will receive further information during the ordering process.
PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. To pay 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 may offer additional payment options to registered PayPal customers selected according to its own criteria within their customer account. However, we have no influence on the offering of these options; any additional individually offered payment options will affect your legal relationship with PayPal. Further information can be found 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 is available with the respective payment option and during the order process.
PayPal
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 will be processed by PayPal immediately after you place your order.
PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods within their customer account. However, we have no influence on the offering of these methods; any additional individually offered payment methods will affect your legal relationship with PayPal. You can find further information about this in your PayPal account.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is processed directly by PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date your account will be debited (so-called pre-notification). Your account will be debited before the goods are shipped.
Installment purchase via BNP Paribas S.A. German Branch, Munich Office
In cooperation with BNP Paribas S.A. German Branch, Munich Office, Schwanthalerstr. 31, 80336 Munich, Germany, we offer you the option of installment payment. A successful address and credit check is required. In addition to our Terms and Conditions, the Terms and Conditions of BNP Paribas S.A. German Branch, Munich Office, apply to the payment processing. You will receive further information, including the Terms and Conditions of BNP Paribas S.A. German Branch, Munich Office, during the order process.
8. Right of Withdrawal
Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.
9. Retention of Title
The product remains our property until full payment has been received.
For businesses, the following applies in addition: We retain title to the product until all claims arising from the ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, 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. Damage in Transit
For consumers: If goods are delivered with obvious damage in transit, please report such damage to the delivery driver immediately, if possible, and contact us without delay. Failure to report damage or contact us will not affect your statutory rights or their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.
11. Data Backup
You are responsible for properly and regularly backing up your data. We are not liable for damages resulting from data loss if you could have prevented the data loss through regular and complete data backups.
The foregoing limitation does not apply to claims based on damages caused by us, our legal representatives, or agents in the performance of our obligations
• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty, as well as fraudulent intent
• in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed upon, or
• to the extent that the scope of application of the Product Liability Act is applicable.
12. Warranty and Guarantees
12.1 Liability for Defects
The statutory liability for defects applies.
12.2 Guarantees and Customer Service
Information on any applicable additional guarantees and their exact terms and conditions can be found with the product and on dedicated information pages in the online shop.
13. Dispute Resolution
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final Provisions
If you are a business, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant as defined by 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 Terms and Conditions be or become wholly or partially invalid, the remainder of the contract shall remain in full force and effect. Insofar as individual clauses are invalid, the content of the contract shall be governed by the applicable statutory provisions.