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GTC - General terms and conditions

Beethoven-Haus Shop (Vertriebs- und Service-GmbH)
Bonngasse 18, 53111 Bonn
Managing director: Rolf Zeppenfeld, Philipp Klais
Shop manager: Julia Kluxen-Ayissi
Ph: +49-(0)228-98175-37
shop@beethoven.de
Commercial register Bonn no. 8249
VAT no.: DE200068072


General terms and conditions of Beethoven-Haus Vertriebs- und Service-GmbH


§ 1 Area of application

(1) These General Terms of Business shall apply to all business relationships between us - Beethoven-Haus Vertriebs- und Service-GmbH - and our customers as amended from time to time, in the version current at the date when the contract is entered into. In transactions with a consumer in the meaning of section 13 of the German Civil Code, these Terms of Business shall apply in the amended form, taking into account the provisions specially emphasized; they contain the information required under section 312c of the Civil Code.

(2) Our General Terms of Business shall apply to the exclusion of all others. Any terms of the customer that conflict with or deviate from our General Terms will not be recognized unless Beethoven-Haus Vertriebs- und Service-GmbH has in the individual case expressly in writing consented to their application.

§ 2 Entering into a contract

(1) The customer's order is a binding offer. The contract of sale is entered into only when we confirm the order or the goods ordered are delivered.

(2) We will process orders received from the customer in a reasonable period of time. The details on our product line on the website of Beethoven-Haus Vertriebs- und Service-GmbH are non-binding descriptions. Where appropriate, the customer's attention will be drawn to any discrepancy between the description and the actual nature of the product by means of a separate reference in the confirmation of order.

§ 3 Delivery

(1) We will deliver the products ordered without delay to the address given by the customer in the order. The customer shall bear the costs of packing and shipping. Within the Federal Republic of Germany, the shipping costs will be based on the current postage rates. Consignments outside Germany will be made in accordance with the procedure agreed separately in the individual case.

(2) Information on the estimated delivery date is non-binding, unless in the individual case we have given the customer a binding promise of a date in writing.

§ 4 Retention of title

Until the complete payment of all claims against the customer that arise at the date when the contract is entered into, including claims with regard to follow-up orders and additional orders, the goods delivered shall remain the property of Beethoven-Haus Vertriebs- und Service-GmbH.

§ 5 Time for payment and default

(1) Unless otherwise stated in the confirmation of order, the purchase price, including shipping and packaging costs, shall be payable within fourteen days after the date of consignment.

(2) If the customer is in default of payment, we shall be entitled to claim interest on late payment at the rate of 8% above the current base rate of the Deutsche Bundesbank. If the customer is a consumer in the meaning of section 13 of the Civil Code, the rate for interest on late payment shall be 5% above the current base rate under section 247 of the Civil Code. This shall be without prejudice to our right to assert greater damage if this is provable and to the customer's right to supply evidence of lesser damage.

(3) The customer may set off claims only against such counterclaims as have been finally and non-appealably established, are undisputed, or have been recognized by Beethoven-Haus Vertriebs- und Service-GmbH. The customer shall be entitled to exercise a right of retention only insofar as its counterclaim is based on the same contractual relationship.

§ 6 Claims based on defects in the products

(1) The customer's rights with regard to a defect in the products shall become statute-barred one year after the delivery of the products. If the customer is a consumer in the meaning of section 13 of the Civil Code, the limitation period shall be two years from delivery.

(2) In addition, the following provisions shall apply to claims relating to defects in the products:

(a) The customer shall notify us of obvious defects without delay, but at the latest within two weeks after the delivery of the products. If the customer fails to comply with this period, warranty claims for an obvious defect shall be excluded. Where defects cannot be detected within this period even on a careful examination, the customer shall notify us of them immediately after discovering them.

(b) If the products are defective, we will at our choice make subsequent performance in the form of removal of the defect or delivery of new products that are free of defects. If the customer is a consumer in the meaning of section 13 of the Civil Code, the customer shall have the right to choose the type of subsequent performance. The expenses incurred for the purpose of subsequent performance, in particular transport costs, workmen's travel costs, and costs of labour and materials, shall be borne by Beethoven-Haus Vertriebs- und Service-GmbH. We shall be entitled to refuse the type of subsequent performance chosen by the customer if it is possible only at a disproportionately high cost.

(c) If the customer sets a time limit for subsequent performance (removal of the defect or substitute delivery) and this time limit passes without success, the customer shall be entitled to cancel the contract or to require that the purchase price be reduced.

(d) If the subsequent performance is unsuccessful, the customer may also claim damages instead of the performance, or compensation for fruitless expenses. In this case, Beethoven-Haus Vertriebs- und Service-GmbH shall be liable only for intention and gross negligence, including the intention and gross negligence of its agents, including the agents for whom it is vicariously liable, and the culpable violation of a fundamental contractual duty. Liability for damages in this case shall be limited to the foreseeable damage that typically occurs, unless there is an intentional breach of contract, and unless the customer is a consumer in the meaning of section 13 of the Civil Code.

(3) In the case of culpable injury to life, body or health, we shall be liable in accordance with the statutory provisions.

(4) Unless otherwise provided above, all liability claims shall be excluded.

§ 7 Right of revocation under sections 312d and 355 of the Civil Code

If the customer is a consumer in the meaning of section 13 of the Civil Code, the customer shall have a right of revocation as follows:

(1) The customer may revoke its contract declaration within two weeks, without giving reasons, in text form (e.g. letter, email, fax) or by returning the products. The revocation period shall begin when the products are delivered to the customer. In order to observe the revocation period, it is sufficient to send the revocation or the products in good time to the address above.

(2) If revocation is effective, the performance received on both sides shall be returned, and any benefits received shall be returned. If the customer is not able to return the products in part or in whole, or can return the products only in a deteriorated state, the customer shall make compensation for lost value in this respect where necessary. There shall be no duty to make compensation for lost value if the deterioration arises solely from the examination of the products. The customer can avoid the duty to make compensation for lost value by making no use of the products as an owner and refraining from everything that impairs the value of the products.

(3) Items capable of being shipped by parcel post shall be returned. Where a consignment of products is returned whose order value including packaging and shipping costs is up to forty euros, the customer shall bear the costs of return shipment if the products delivered correspond to the order. Failing this, Beethoven-Haus Vertriebs- und Service-GmbH will bear the costs of return shipment.

(4) The customer shall have no right of revocation if the products were produced according to the customer's specifications or are clearly adapted to personal requirements, or by reason of their nature are not suitable for return shipment, or may deteriorate rapidly, or if after shipping their sell-by date would be exceeded. There shall also be no right of revocation if the products consist of an audio or video recording or software and the seals on the media supplied have been broken by the customer.


§ 8 Data gathering and data protection

The customer declares his or her agreement, which may be revoked, to the customer's personal data being stored, processed and used by Beethoven-Haus Vertriebs- und Service-GmbH, provided this is necessary exclusively for processing the order in accordance with the contract or for customer information purposes. If the user leaves personal data with Beethoven-Haus Vertriebs- und Service-GmbH without making an order, the user agrees to his or her personal data being stored, processed and used by Beethoven-Haus Vertriebs- und Service-GmbH insofar as this is necessary to process future orders in accordance with the contract or for customer information purposes.

Protection of personal data

§ 9 Final provisions

(1) This contract shall be governed exclusively by the law of the Federal Republic of Germany; the application of the UN Convention on Contracts for the International Sale of products is excluded.

(2) The place of jurisdiction shall be Bonn. If the customer is a consumer in the meaning of section 13 of the Civil Code, Bonn shall be the place of jurisdiction only if the customer's domicile or place of habitual residence, at the time when the contract is entered into, is outside the Federal Republic of Germany, or if, after the contract is entered into, it is moved outside the Federal Republic of Germany, or if the customer's domicile or place of habitual residence is unknown at the date when proceedings are commenced.

(3) If a provision in this contract is or becomes invalid, this shall not affect the validity of the remaining provisions of this contract.

Date: 22 June 2017

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