General Terms and Conditions

1. Scope

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

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

With regard to businesses, the following applies: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to their validity.

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 merely a non-binding online catalogue. You may 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 during the ordering process. By clicking the order button, you submit a binding offer to purchase the products contained in the shopping cart. Confirmation of receipt of your order will be sent to you by email immediately after you submit your order.

We accept your offer within two days by

• sending you a declaration of acceptance by separate email, or
• where applicable, by the payment transaction being 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").

The alternative relevant to you depends on which of the events listed above occurs first.

3. Contract Language, Storage of the Contract Text

The language(s) available for the conclusion of the contract are: 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

We expressly refer to the respective product description as 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 particularities. If you are uncertain, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight differences may occur between the product colours displayed and the actual product colours.

For wooden products, natural variations in the grain, texture and colour of the wood are possible.

4.3 Right of Use

Any sketches, designs, preliminary products, etc. that we may create for the purpose of fulfilling the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order and to the extent contractually agreed.

5. Requirements for and Handling of Customer Content

5.1 Requirements

If it is necessary for the fulfilment of the order that you provide us with content (e.g. texts, data or files), the technical options available for this purpose and any applicable requirements are determined by the respective product description.

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

5.2 Compliance with Applicable Law

The content and the products to be created from such content must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (in particular copyrights, trademark rights or other intellectual property rights), nor contain or serve purposes involving glorification of violence, discriminatory, racist, xenophobic or other content contrary to public morality or unconstitutional content.

5.3 Indemnification

You shall indemnify us against claims asserted by third parties in connection with an infringement of their rights resulting 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. The obligation to indemnify shall not apply insofar as you are not responsible for the infringement.

In the event that third parties assert claims against us, you are obliged to provide us immediately, truthfully and completely with all information necessary to assess the claims and conduct a defence.

5.4 Right to Withdraw from the Contract

We reserve the right to reject an order or withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or public morality, or if there are reasonable grounds to suspect such a violation. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, content harmful to minors and/or content glorifying 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 also have the option of collecting the goods from Musikhaus Hermann OHG, Gymnasiumstrasse 2, 88400 Biberach, Germany, during the following business hours: by appointment.

6.2 Delivery by Freight Forwarder

Appointment Scheduling

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

Place of Delivery

Delivery of the goods is limited to transporting and unloading the goods at the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods unless expressly agreed otherwise.

7. Payment

Our shop generally offers the following payment methods.

Payment in Advance
When you select payment in advance, we will provide you with our bank details in a separate email and ship the goods after receipt of payment.

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

Credit Card
During the ordering process, you enter your credit card details. Your card will be charged immediately after you submit the 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 Apple Pay activated, authenticate yourself using your login details and confirm the payment instruction. The payment transaction is carried out immediately after you submit the order. Further information will be provided 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 Google Pay activated, authenticate yourself using your login details and confirm the payment instruction. The payment transaction is carried out immediately after you submit the order. Further information will be provided during the ordering process.

PayPal Express
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 using your login details and confirm the payment instruction.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence over the provision of these payment methods; any individually offered payment methods concern 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 specified below, payment via PayPal does not require registration with PayPal. Further information will be provided with the respective 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 yourself using your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after you submit the order.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence over the provision of these payment methods; any individually offered payment methods concern your legal relationship with PayPal. Further information can be found 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 creditworthiness check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. PayPal will inform you of the date on which 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. Niederlassung Deutschland, Standort München
In cooperation with BNP Paribas S.A. Niederlassung Deutschland, Standort München, Schwanthalerstr. 31, 80336 Munich, Germany, we offer you the option of purchasing goods by instalments. This requires a successful address and creditworthiness check. In addition to our General Terms and Conditions, the General Terms and Conditions of BNP Paribas S.A. Niederlassung Deutschland, Standort München apply to payment processing. Further information, including the General Terms and Conditions of BNP Paribas S.A. Niederlassung Deutschland, Standort München, will be provided during the ordering process.

8. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal instructions. Businesses are not granted a voluntary right of withdrawal.

9. Retention of Title

The product remains our property until full payment has been made.
For businesses, the following shall additionally apply: We retain title to the product until all claims arising from an 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, in the amount of the invoice value, all claims arising from such resale, irrespective of any connection or mixing of the goods subject to retention of title with a new item, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves insofar as you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realisable value of the securities 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 without delay. Failure to make a complaint or contact us has no consequences for your statutory claims or their enforcement, in particular your statutory warranty rights. However, you help us to assert our own claims against the carrier or the transport insurer.

11. Data Backup

You are responsible for properly and regularly backing up your data. We shall not be liable for damage resulting from loss of data insofar as you could have prevented the loss of data by carrying out regular and complete data backups.

The above limitation does not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty or fraudulent conduct
• in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee, insofar as agreed, or
• insofar as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) is applicable.

12. Statutory Liability for Defects and Warranties

Statutory Liability for Defects

The statutory provisions governing liability for defects shall apply.

Information for Consumers

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

Warranties and Customer Service

Information regarding any additional warranties that may apply and their exact terms and conditions can be found with the respective product and on dedicated information pages in the online shop.

13. Dispute Resolution

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

14. Final Provisions

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

If you are a merchant within the meaning of the German Commercial Code, 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.

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