Standard Terms and Conditions of Business and Customer Information
I. Standard Terms and Conditions of Business
§ 1 Area of applicability
- The business relationship between Liberty Music Merchandising GmbH, Altendorfer Str. 13, 25813 Husum, Germany (“LMM”) and you as the buyer is governed solely by the following Standard Terms and Conditions in the ver-sion applicable as of the date of your order. Any other terms and conditions deviating from or contra-dicting these terms and conditions shall be excluded unless LMM expressly accepts them in writing.
- The contractual language shall be German.
- Any legal disputes with commercial entities and legal persons established under public law concerning these Standard Terms and Conditions and any agreements entered into on the basis of these Stand-ard Terms and Conditions shall be referred to the competent courts of law with jurisdiction for the town or city in which LMM has its registered offices (Husum).
§ 2 Establishment of contractual relationship
- The presentation of the products in the online store shall constitute a non-binding invitation to treat and shall not be construed as a legally binding offer.
- By clicking the button labelled “Place in shopping basket”, you select the article which you wish to purchase. When you click on the button labelled “Buy now” on the order page, you submit a binding offer to buy the articles listed in your “shopping basket” (order). Before submitting your order, you are able to modify the order data at any time and to remove selected articles from the “shopping basket” and, hence, the order by clicking on the button labelled “Delete everything” or “X”. The automatic order confirmation which you subsequently receive by email does not constitute acceptance of your offer but is merely confirmation that your order has been received.
- We shall not be deemed to have accepted the offer until we declare our acceptance in a message sent to you or ship the goods. Notwithstanding the right of withdrawal for orders placed by consumers, you are bound by your offer for a period of two work days for articles which are designated as “availa-ble for delivery”. In other cases, you are bound by your offer for a period of no more than five work days.
- We do not store the full text of the contract. We send you the order data, the customer information required by law in connection with distance contracts and our Standard Terms and Conditions of Busi-ness by e-mail when we confirm your order. If you are a registered user, you are also able to view your order data on the Internet by accessing your customer account.
§ 3 Delivery, availability, transfer of risk
- The articles which you have ordered are delivered to the address which you supply.
- If no copies of the article which you have selected are available on the date of your order, we shall notify you immediately. If the article is permanently unavailable, we shall not issue any declaration of acceptance. In this case, no contract shall be deemed to have arisen. We do not assume any liability for non-availability. Articles which have not yet been released can be pre-ordered and will be shipped on the date on which they are released.
- If the article which you have ordered is only temporarily unavailable, we shall also notify you immedi-ately. In the event of a delay of more than two weeks in delivery, you may retract your offer. In this case, we will immediately refund any payments which you may already have made.
- The risk of accidental loss of or damage to articles ordered shall pass to the consumer upon the re-lease of the goods to the consumer or a recipient designated by the consumer. In all other cases, the risk of accidental loss of or damage to the goods shall pass to the buyer upon the goods being trans-ferred or, where applicable, upon delivery of the goods to the forwarder or other person or body in-structed to effect delivery of the goods.
§ 4 Prices and terms of payment
- The prices stated as of the date on which the order is placed shall be deemed to apply. All prices shown on the product pages include value added tax at the statutory rate net of packaging and ship-ment costs.
- You will be invoiced separately for packaging and shipment (delivery costs). The applicable delivery costs can be inspected in a specifically designated part of our website and are displayed separately during order processing.
- You as the buyer will be invoiced for any customs and similar charges which may arise.
§ 5 Payment terms, retained ownership rights
- Payment of the order may be made by credit card, PayPal or cash in advance.
- The goods delivered shall remain LMM’s property until receipt of full and complete payment (including value added tax and shipping costs).
§ 6 Cost of returning articles in the event of withdrawal
If you exercise your statutory right of withdrawal, you will have to bear the direct cost of returning the goods.
§ 7 Warranties and liability
- The statutory warranties, particularly those provided for in Sections 434 ff of the German Civil Code, shall be deemed to apply.
- LMM shall only assume an additional warranty on any articles which its supplies if this is expressly agreed in writing.
- No other remedies shall be available against LMM regardless of the nature of the claim asserted. Ex-cluded from this are claims for damages by the buyer on account of bodily injury, death and impair-ment to health or on account of any material contractual obligations as well as all other loss or dam-age caused by willful misconduct or gross negligence on the part of LMM, its statutory representatives or agents. Material contractual obligations shall be those which are necessary for the achievement of the purpose of the contract. In the event of any breach of material contractual obligations, LMM shall be liable only for foreseeable loss or damage typical of the contract in question unless the claims as-serted by the supplier are due to bodily injury, death or impairment to health.
- There is currently no guarantee that data communications via the Internet can be effected free of any errors and/or are available at all times. Accordingly, we shall not be held liable if our website and the services which we provide are not available at all times on an uninterrupted basis.
§ 8 Applicable law, choice of court
- German law only shall apply. The U.N. Convention on Contracts for the International Sale of Goods is hereby excluded. In the case of consumers, this choice of law shall only apply to the extent that this does not override the mandatory statutory provisions applicable in the jurisdiction in which the con-sumer’s normal place of residence is located.
- Any legal disputes with commercial entities and legal persons established under public law concerning these Standard Terms and Conditions or any agreements entered into on the basis of these Standard Terms and Conditions shall be referred to the competent courts of law holding jurisdiction for the town or city in which LMM has its registered offices (Husum).
II. Customer information
- Seller’s identity
Liberty Music Merchandising GmbH
Altendorfer Straße 13
Management: Annika Kerner
Telefon: +49 (0)4101 406 49 77
Telephone: +49 (0)4101 406 49 77
The European Commission provides a platform for the out-of-court resolution of online disputes (OS platform), available at http://ec.europa.eu/odr.
- Main properties and prices of the products
The main characteristics of the products and price information are stated directly in connection with ar-ticles on display. The prices quoted include value added tax at the applicable rate. Packaging and shipment costs (delivery costs) are not included in the prices of the products and must be paid for separately. They can be inspected in a specifically designated part of our website and also are dis-played separately during order processing.
Further information on the prices of our products can be found in Article 4 of our Standard Terms and Conditions.
- Payment and delivery terms
Payment of the order may be made by credit card, PayPal or cash in advance (see also Article 5 of our Standard Terms and Conditions).
The delivery terms, delivery date and details of any restrictions to availability can be found on the cor-responding product page of our website and in Article 3 of our Standard Terms and Conditions.
- Statutory liability for any defects in the articles
Information on our liability for any defects in the articles can be found in Article 7 of our Standard Terms and Conditions.
- Customer services
If you have any questions, problems, suggestions or complaints. please contact our customer service at:
Liberty Music Merchandising GmbH
Altendorfer Straße 13
Telephone: +49 (0)4101 406 49 77