General Terms and Conditions

1. Scope of Application

The following General Terms and Conditions apply to all orders placed by consumers and businesses through our online shop.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business is a natural or legal person, or a partnership with legal capacity, that acts in the exercise of its trade, business or profession when entering into a legal transaction.

With regard to businesses, the following applies: If a business uses General Terms and Conditions that conflict with or supplement these terms, their applicability is hereby expressly rejected. Such terms shall only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

The purchase contract is concluded with Musikhaus Hermann OHG.

The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalogue. You may initially place our products in the shopping basket 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 to purchase the products contained in your shopping basket. Confirmation that we have received your order will be sent by email immediately after you submit it.

We accept your offer within two days by:

• sending a declaration of acceptance in a separate email; or
• where applicable, having the payment transaction carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see "Payment" below).

The applicable alternative for you depends on which of the above events occurs first.

3. Contract Language, Storage of the Contract Text

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

Please note that the respective product description forms an essential part of the contract.

4.2 Product Images

Without prejudice to your statutory rights relating to defects, we would like to draw your attention to the following specific circumstances. If you are unsure about anything, please contact us:

Due to individual screen settings (e.g. resolution and brightness), minor deviations may occur between the displayed and actual product colours.

With wooden products, natural variations in the wood grain, texture and colour may occur.

4.3 Right of Use

Any sketches, designs, preliminary products and similar materials that we may create to fulfil the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order and within the scope agreed in the contract.

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 or files), the available technical options and any applicable requirements shall be determined by the respective product description.

You are solely responsible for the content you provide, including its legality and accuracy. We do not conduct any substantive or editorial review before carrying out the order.

5.2 Compliance with Applicable Law

The content and any products created from it must always comply with the applicable legal provisions. In particular, they must not infringe any third-party rights or claims (especially copyrights, trademark rights or other intellectual property rights), nor may they contain or serve purposes involving glorification of violence, discrimination, racism, xenophobia or other content that violates public decency or is hostile to the constitutional order.

5.3 Indemnification

You shall indemnify us against third-party claims asserted in connection with any infringement of their rights arising from our contractual use of the content. You shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rates. This indemnification obligation shall not apply to the extent that you are not responsible for the infringement. If third parties assert claims against us, you are obliged to provide us promptly with all information required to assess the claims and prepare a defence, ensuring that such information is truthful and complete.

5.4 Right to Reject or Withdraw

We reserve the right to reject the order or withdraw from the contract if the content you provide for this purpose violates statutory or official prohibitions or accepted standards of public decency, or if there are reasonable grounds to suspect such a violation. This applies in particular to content that is hostile to the constitutional order, racist, xenophobic, discriminatory, insulting, 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.

As a general rule, you may also collect your order from Musikhaus Hermann OHG, Gymnasiumstrasse 2, 88400 Biberach, Germany, during the following business hours: by appointment.

6.2 Delivery by Freight Carrier

Appointment Scheduling

For deliveries by freight carrier, the carrier commissioned by us will contact you to arrange a delivery date.

Place of Delivery

Delivery of the goods is limited to transporting and unloading them at the first public kerbside at the agreed delivery address. Unless expressly agreed otherwise, delivery does not include carrying the goods into specific rooms or assembling and/or installing the ordered goods.

7. Payment

The following payment methods are generally available in our shop.

Advance Payment
If you select advance payment, we will provide our bank details in a separate email and ship the goods once payment has been received.

Cash Payment on Collection
You pay the invoice amount in cash when collecting the goods.

Credit Card
You enter your credit card details during the ordering process. Your card will be charged immediately after you submit your order.

Apple Pay
To pay the invoice amount through 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 Apple Pay enabled, authenticate using your credentials and confirm the payment instruction. The payment transaction will be carried out immediately after you submit your order. Further information is provided during the ordering process.

Google Pay
To pay the invoice amount through the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have Google Pay enabled, authenticate using your credentials and confirm the payment instruction. The payment transaction will be carried out immediately after you submit your order. Further information is provided during the ordering process.

PayPal Express
To pay the invoice amount through 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 using your credentials and confirm the payment instruction.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence over whether these methods are offered. Any additional payment methods offered individually concern your legal relationship with PayPal. Further information is available 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 specified below, payment via PayPal does not require registration with PayPal. Further information is provided with each payment option and during the ordering process.

PayPal
To pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate using your credentials and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after you submit your order.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence over whether these methods are offered. Any additional payment methods offered individually concern your legal relationship with PayPal. Further information is available in your PayPal account.

Credit Card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct Debit via PayPal
Payment by direct debit via PayPal is subject to an address and creditworthiness check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will notify you of the date on which your account will be debited (so-called pre-notification). Your account will be debited before the goods are dispatched.

Instalment 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 purchasing goods by instalments. This option is subject to a successful address and creditworthiness check. In addition to our General Terms and Conditions, the General Terms and Conditions of BNP Paribas S.A., German Branch, Munich Office, apply to payment processing. Further information, including the General Terms and Conditions of BNP Paribas S.A., German Branch, Munich Office, is provided during the ordering process.

8. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal instructions. No voluntary right of withdrawal is granted to businesses.

9. Retention of Title

The product remains our property until payment has been made in full.
For businesses, the following additional provisions apply: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell goods subject to retention of title in the ordinary course of business. You hereby assign to us in advance all claims arising from such resale, irrespective of whether the goods subject to retention of title are combined or mixed with a new item, up to the amount of the invoice value, and we accept this assignment. You remain authorised to collect these claims; however, we may also collect them ourselves if you fail to meet your payment obligations. At your request, we shall release the securities to which we are entitled to the extent that their realisable value exceeds the value of the outstanding claims by more than 10%.

10. Transport Damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please report such damage to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us has no consequences for your statutory claims or their enforcement, particularly your rights relating to defects. However, your cooperation helps us assert our own claims against the carrier or the transport insurance provider.

11. Statutory Liability for Defects and Guarantees

Liability for Defects

Statutory liability for defects applies.

Information for Consumers

When purchasing goods, the statutory warranty period has a minimum duration of two years. Please also note the harmonised notice pursuant to Commission Implementing Regulation (EU) 2025/1960 (the so-called warranty label) concerning statutory warranty rights for goods.

Guarantees and Customer Service

Information about any additional guarantees that may apply and their specific terms and conditions can be found with the relevant product and on dedicated information pages in the online shop.

12. Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

13. Final Provisions

If you are a business, German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), 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 shall be our registered place of business.

If individual provisions of these General Terms and Conditions are wholly or partially invalid, the remainder of the contract shall remain valid. To the extent that individual provisions are invalid, the content of the contract shall be governed by the applicable statutory provisions.