Section 1 Validity in relation to business entities and definition of terminology
(1) The supplies and services we make to our customers on the basis of purchase orders placed in our Webshop www.leomusic.cologne ("Webshop”) are made exclusively on the basis of these General Terms and Conditions in their currently valid version. The version applicable at the time of the purchase order is placed shall become an integral component of the contract.
(2) The following General Terms and Conditions apply to all supplies made by us to any consumer.
(3) "Consumer" for the purpose of these terms and conditions is any natural person who, in accordance with Section 13 German Civil Code ("BGB"), enters into a legal transaction for a purpose not attributable to his trade, business or profession.
Section 2 Establishment of a contract, storage of the wording of the contract
(1) The following regulations concerning the conclusion of contracts apply to purchase orders made via our Webshop www.leomusic.cologne
(2) In the event of a conclusion of contract, the said contract shall be made with
Gerd F. Schumann
(3) The presentation of goods in our Webshop does not constitute any legally binding offer of contract on our part, but is instead merely a non-binding invitation to consumers to place an order for goods. In placing the purchase order for the goods they want, the consumer is making a binding offer to conclude an agreement to purchase.
Following the placement of a purchase order in our Webshop the following provisions shall apply: The consumer submits a binding offer of contract by successfully completing the order procedure in our Webshop. By submitting the purchase order the consumer issues a binding declaration of their willingness to enter into a contract.
The purchase order is placed via the following steps:
1) Select the goods desired
2) Confirm by clicking on the "Purchase" button
3) Check the contents of the shopping basket
4) Click on the "Proceed to checkout" button
5) Review and correction (if necessary) of the relevant data.
6) Binding dispatch of purchase order.
Prior to the binding dispatch of the purchase order, by clicking on the "Back" button of their internet browser after having checked their data, the consumer can return to the web page containing the customer's details in order to correct any input errors or to cancel the order procedure by closing the internet browser. We will promptly confirm the receipt of the purchase order with an automatically generated email ("order confirmation"). We accept the offer in this way.
(5) Storage of the working of the contract in the case of purchase orders placed via the Webshop: We will send you the order details by email. You can view these T&Cs at any time at http:/leomusic.cologne/TCs.html. For security reasons your order details will then no longer be accessible via the internet.
Section 3 Prices, dispatch costs, payment, due date of payment
The listed prices include the relevant applicable German statutory value-added tax and other such price components. To that must be added the applicable costs of delivery. Details of any chargeable costs of delivery are available in the shop.
(2) The sole option available to the consumer is payment in advance.
(3) The consumer undertakes to pay the purchase price promptly following the conclusion of the agreement.
Section 4 Delivery
(1) Unless we explicitly state otherwise in the product description, all the articles we offer are ready for immediate delivery.
(2) We will not dispatch goods prior to the receipt of payment.
§5 Section 5 Retention of title
We shall reserve ownership over the goods until such time as the purchase price has been fully paid.
Section 6 Consumer's right of cancellation
The following contains a legal notice concerning the conditions and consequences of the consumers' right to cancel mail orders for the purchase of goods. The display of the legal notice does not entail the grant of rights beyond those provided for under the law. The statutory right of cancellation in particular does not extend to commercial resellers.
Legal notice on cancellation
Right of cancellation
You are entitled – within 14 days and without being required to state your reasons – to cancel the agreement in writing (e.g. letter, fax, email) or – if the goods had already been delivered to you within this period – by returning the said goods. This period starts to run after receipt of this written legal notice, but not prior to receipt of the goods by the recipient however (nor prior to the receipt of the first delivery if there is repeated delivery of goods similar in type) and not before the fulfilment of our duty to provide information pursuant to Art. 246 Section 2 in conjunction with Section 1(1) and (2) Introductory Act to the German Civil Code ("EGBGB") and also not prior to the fulfilment of our duties pursuant to Section 312g (1) sentence 1 German Civil Code ("BGB") in conjunction with Article 246 Section 3 EGBGB. The cancellation period is satisfied if the cancellation notice or the goods are sent within the specified time limit.
The notice of cancellation should be sent to:
Gerd F. Schumann
Consequences of cancellation
If the agreement is effectively cancelled, both parties shall be returned the respective contractual performance the other has received and each must hand over to the other any benefits accrued (e.g. interest). If you are unable to return the contractual performance received including any use made of it (e.g. benefits from the use) or if this can only be returned partially or in a deteriorated condition, you shall be liable to compensate us for the resultant reduction in value. You shall only be obliged to compensate the value for the deterioration of the article and for any use made of it, if this use or the deterioration is the result of handling the article in a way that extends over and beyond an examination of its properties and function. "Examination of properties and function" means testing and trying out the goods in question, in the same way as it possible and customary in a shop.
Goods consignable by package are to be returned at our risk. You shall bear the standard costs of the return consignment if the delivered goods conform to the order and the price of the goods to be returned does not exceed 40 Euro or – where the price of the goods exceeds this amount – if you have not yet paid the contractual price or a part payment in respect thereof at the time of the cancellation is issued. Otherwise the return consignment may be made at no charge to you. Obligations to reimburse payments must be fulfilled within 30 days. The time limit begins to run for you with the dispatch of your declaration of cancellation or the return consignment of the goods. The period relevant for us begins with the receipt of your declaration.
End of the legal notice on cancellation
Section 7 Contractual provision concerning return consignment costs in the event of cancellation
If you exercise your right of cancellation, then in accordance with Section 357 (2) BGB it is agreed that you shall bear the standard costs of the return consignment if the delivered goods conform to the order and the price of the goods to be returned does not exceed 40 Euro or – where the price of the goods exceeds this amount – if you have not yet paid the contractual price or a part payment in respect thereof at the time of the cancellation.
Otherwise the return consignment may be made at no charge to you.
Section 8 Legal venue, severability, applicable law
(1) It is agreed that the legal venue for all disputes concerning these terms and conditions and the individual contracts concluded in accordance with them shall be that court with jurisdiction over our company's registered address. In this case we shall also be entitled to pursue legal actions against the customer before the legal venue with jurisdiction over its registered address. The provision shall not affect any exclusively applicable legal venue.
(2) In the event that any individual provisions of the supply agreement or of these General Terms and Conditions are unenforceable, the remaining provisions shall continue to remain unaffected.
(3) All legal transactions or other legal relations with us shall be governed by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods and any other such inter-state conventions shall not apply, even if transposed into German law. This choice of law also entails that there shall be no removal of the protection granted to the customer whose usual place of residence is in one of the EU States or in Switzerland, where the said protection is established through the binding regulations of the law of this State.
Section 9 Language of the contract
AThe languages of the contract shall be German and English only.