1.1 In respect to business relations of all types between the firm Waldorf Music GmbH and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.
1.2 All offers – whether they be transacted by telephone, telefax, Internet, e-mail or in any other form – only become legally binding for the firm Waldorf Music GmbH if they have been confirmed in writing, or if the goods have been delivered and/or an invoice has been delivered.
1.3 Waldorf Music GmbH reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that futher legal claims be raised by the customer against the firm Waldorf Music GmbH.
§2 Contractual Party
2.1 Contractual party is Waldorf Music GmbH, Lilienthal Str.7, 53424 Remagen, represented by the CEOs Stefan Stenzel and Joachim Flor, registered in Koblenz/Germany, HRB 20433; VAT-ID number: DE250453192.
2.2 You can reach our tech support via E-Mail at info(at)waldorfmusic.de.
§ 3 Offer and conclusion of purchase contract
By clicking the order button in the last step of the order process, you confirm a legally binding order of the activated products on the order page. The conclusion of the purchase contract is completed as soon as we send an invoice or order confirmation by email or allow the download of a downloadable product.
§4 Right of Revocation und Rights of Refund
4. 1. Download Sales. Please understand that all download sales are final.Waldorf cannot issue product refunds once a download transaction has begun or cancel any contract for services connected to a download purchase once a download is initiated. For all other purchases, please read the clause below.
4.2 Rights of Revocation. You have the Right to revoke your contractual statement within a period of two weeks without any declaration of reasons in written form (e.g. by letter, fax, e-mail) or - in case you receive goods before expiring date - by return of goods. The expiration of time limit starts after reception of this written declaration but not before reception of goods.
4.3 Rights of Refund The customer has the possibility to return all articles from our current assortment without reason and within 14 days if the customer is a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB]. This only holds true for sales contracts under delivery conditions or by indirect means (telecommunications) in accordance with § 312b German Civil Code [Fernabsatzverträge]. The goods must be returned to the firm Waldorf Music GmbH in orderly condition, without signs of wear and exempted from all third party claims. Punctual return is sufficient in order to satisfy legal deadlines.
4.4 Rights of refund exist when ordering media packaged in transparent film or sealed media such as CDs, audio cassettes, videos, DVDs, as well as newspapers and software, only when the respective goods have been returned in the original sealed packaging or with an undamaged seal.
4.5 Rights of refund can only be exercised through the return of the goods, unless it is not possible to send the goods as a package. The refund deadline begins with the reception of the delivery by the customer.
4.6 Rights of return are to be considered forfeited if the goods have been manufactured according to the order of the customer.
4.7 Should the customer make use of refund rights, the firm Waldorf Music GmbH has the right to demand an appropriate compensatory payment for the period of time during which the goods remained in possession of the customer.
4.8 Furthermore, customers exercising their rights of refund must compensate the firm Waldorf Music GmbH for any diminishment in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition, as the customer is responsible for the ruination, perishability or other deficiency of the delivered wares. This does not hold true in respect to the ruination of goods whose damaged condition was caused exclusively by a standard examination, as would have been possible in a normal shop. Moreover, the duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any activity which would reduce the value of the article.
4.9 The returned goods are to be sent to:
Waldorf Music GmbH
4.10 The customer shall bear the costs of returning the merchandise provided the goods have been delivered as ordered and the price of the return merchandise does not exceed EUR 40.00 or in case of merchandise valued at more than EUR 40.00, when at the time of the cancellation the customer has not performed as stipulated or has not made the contractually agreed partial or full payment. In all other cases the customer may return the merchandise free of charge.
§5. Prices and freight costs
5.1 All prices are in cash - within the EU including value-added tax/sales tax - as well as other ensuing charges for packaging and handling but excluding transportation.
6.1 Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by the firm Waldorf Music GmbH, the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly.
6.2 The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
6.3 In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
7.1 Invoices sent by the firm Waldorf Music GmbH – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay. Payments can be processed via Credit Card & Paypal.
§8. Reservation of Ownership
8.1 Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm Waldorf Music GmbH. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Bürgerliches Gesetzbuch/BGB], the firm Waldorf Music GmbH reserves its right of property until the full remittance of the purchase price.
8.2 The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the firm Waldorf Music GmbH. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the firm Waldorf Music GmbH and the customer, including interest and any subsidiary demands to be brought against the firm Waldorf Music GmbH. The firm Waldorf Music GmbH accepts this relinquishment of rights.
§9. Warranties and Claims for Damages
9.1 Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by the firm Waldorf Music GmbH, are not protected by warranty.
9.2Naturally occurring signs of wear are equally excluded from warranty protection.
9.3 Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.
9.4 Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 3 have been fulfilled. This in turn does not hold true if the customer is a „consumer“ in the sense defined by § 13 German Civil Code [Bürgerliches Gesetzbuch/BGB].
9.5 The warranty period extends to 24 months for new articles. The period begins subsequent to the passage of risk in accordance with German Law.The warranty period extends to 12 months for used articles. If the customer is a „businessman, businesswoman or entrepreneur“ in the sense defined by § 14 German Civil Code [Bürgerliches Gesetzbuch/BGB], the warranty period for new articles extends to 12 months and to six months for used articles following the passage of risk.
9.6 Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.
9.7 The firm Waldorf Music GmbH is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the firm Waldorf Music GmbH or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the firm Waldorf Music GmbH is limited to foreseeable damages alone.
§10 Place of Execution and Place of Jurisdiction
10.1 Legal jurisidiction is exercised by the Federal Republic of Germany exclusively.
10.2 The place of execution for all services and products negotiated in business transactions with the firm Waldorf Music GmbH is Waldorf, Federal Republic of Germany, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
10.3 The exclusive place of jusrisdiction for any legal proceeedings against the firm Waldorf Music GmbH is Waldorf, Federal Republic of Germany. The same holds true for legal action taken by the firm Waldorf Music GmbH against its customers, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
§11 Final Clause
Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.