General terms and conditions
These terms and conditions apply to the online section www.codamusic.de, www.codamusic.eu, www.talking-sticks.com and www.merrystixxmas.com by: CODAMUSIC, Matthias Krohn, Gustav-Falke-Strasse 5, 23562 Lübeck, Germany, hereinafter briefly referred to as "codamusic".
§ 1 Scope
For the business relationship between "codamusic" and the purchaser - also for all future transactions - the following general terms and conditions apply in their version valid at the time of the order. Deviating conditions of the customer does not recognize "codamusic", unless "codamusic" would have expressly agreed to their validity.
§ 2 Contract conclusion and rescission
"codamusic" undertakes to accept the order of the customer under the conditions of the website. In case of writing, printing or arithmetic errors on the website "codamusic" is entitled to withdraw.
§ 3 Shipping & Returns
Unless otherwise agreed, all orders are processed as quickly as possible and executed without prior confirmation of the order at the valid prices to the delivery address indicated by the customer. We will deliver the works, which have not yet been published or have not yet been published, as soon as they appear in the order of the order. The delivery takes place by invoice and at the risk of the recipient. Within Germany, all orders with a value of 50€ or more are delivered free of charge, the shipping costs for orders under 50€ are a flat rate of 3€. The shipping costs abroad depend on the postage of the Deutsche Post. When the consignment is handed over to the transporter, the risk passes to the customer. We will not be refunded for lost or damaged goods. Any claims for compensation must be submitted directly to the transporter by the customer. Information about the delivery date are not binding.
§ 4 Prices
The prices stated on the website are non-binding. All prices include the legal VAT valid in Germany.
§ 5 Return authorization, returns
- RIGHT: The purchaser has a right of withdrawal of 14 days from receipt of the goods or from revocation. Should the purchaser make use of his right of return, he is obliged to revoke the purchase contract in writing within 14 days after receipt of the goods and to send the goods received by "codamusic" properly, undamaged and sufficiently franked to our address.
- CONDITION: Each consignment must be new, unused, undamaged and sufficiently franked. No unfurnished shipment will be accepted.
- RETURN ADDRESS: CODAMUSIC • Matthias Krohn • Gustav-Falke-Straße 5 • 23562 Luebeck • GERMANY
§ 6 Maturity and payment, arrears
The purchase price is due immediately upon receipt of the goods. If the customer is in default of payment, "codamusic" shall be entitled to charge default interest of 5% above the base rate announced by the Deutsche Bundesbank p.a. to promote. If "codamusic" has resulted in a higher default damage, "codamusic" is entitled to assert it.
§ 7 Offsetting, retention
The customer is only entitled to a set-off right if his counterclaims are legally established or recognized by "codamusic". In addition, he is entitled to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.
§ 8 Retention of title
The delivered goods remain the property of "codamusic" until the complete settlement of all claims against the purchaser. If unpaid goods are resold, the resulting claims shall be deemed to have been assigned to us in advance.
§ 9 Guarantee of Defects and Liability
Claims for damages due to indecent delivery delays are excluded. Defects of a part of the delivery do not justify the complaint of the whole delivery. If there is a defect in the purchase which can be attributed to "codamusic", "codamusic" is entitled, at its option, to remedy the defect or to provide a replacement. If "codamusic" is not ready or unable to rectify the defect / replacement delivery, or if the delay is delayed beyond reasonable periods of time for reasons which are attributable to "codamusic" or if the fault rectification / replacement delivery fails in any other way, entitled to withdraw from the contract or to demand a corresponding reduction in the purchase price. Unless otherwise stated below, further claims of the customer are excluded - irrespective of the legal grounds. "codamusic" is therefore not liable for damages which are not caused by the delivery item itself; in particular, "codamusic" is not liable for loss of profit or for other assets of the customer. Insofar as the liability of "codamusic" is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence. It shall also not apply if the purchaser asserts claims pursuant to §§ 1, 4 Product Liability Act, claims due to the absence of an assured property or claims for damages due to non-fulfillment pursuant to Sections 463, 480 Para. 2 BGB. The same applies in the case of initial inability or impossibility of representation. Insofar as "codamusic" negligently violates a contractual duty, the obligation to compensate for damage to property or personal injury is limited to the typically arising damages. The warranty period is 24 months from the date of the transfer of risk. This period is a period of limitation and also applies to claims for compensation for defect consequences, insofar as no claims for unauthorized action are asserted.
§ 10 Data protection
By placing an order, the purchaser declares his consent that his data may be stored, processed and used in accordance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz). The customer has been informed in detail about the nature, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders by "codamusic". The customer expressly agrees to the collection, processing and use of personal data.
Here you will find our detailed PRIVACY POLICY according to the General Data Protection Regulation (GDPR).
Remarks on data protection: We only use the information we collect about you to execute orders. If you place a note order with us, we have to ask for your name, your e-mail address and your shipping address. This is the only way to process and execute your order. We do not pass on any customer data to unauthorized third parties outside of codamusic.
§ 11 Applicable law, place of performance and jurisdiction
German law applies to the exclusion of the UN purchase law. The place of fulfillment is Luebeck. Luebeck is agreed as the court of jurisdiction in the dispute.
22.05.2018
These terms and conditions apply to the online section www.codamusic.de, www.codamusic.eu, www.talking-sticks.com and www.merrystixxmas.com by: CODAMUSIC, Matthias Krohn, Gustav-Falke-Strasse 5, 23562 Lübeck, Germany, hereinafter briefly referred to as "codamusic".
§ 1 Scope
For the business relationship between "codamusic" and the purchaser - also for all future transactions - the following general terms and conditions apply in their version valid at the time of the order. Deviating conditions of the customer does not recognize "codamusic", unless "codamusic" would have expressly agreed to their validity.
§ 2 Contract conclusion and rescission
"codamusic" undertakes to accept the order of the customer under the conditions of the website. In case of writing, printing or arithmetic errors on the website "codamusic" is entitled to withdraw.
§ 3 Shipping & Returns
Unless otherwise agreed, all orders are processed as quickly as possible and executed without prior confirmation of the order at the valid prices to the delivery address indicated by the customer. We will deliver the works, which have not yet been published or have not yet been published, as soon as they appear in the order of the order. The delivery takes place by invoice and at the risk of the recipient. Within Germany, all orders with a value of 50€ or more are delivered free of charge, the shipping costs for orders under 50€ are a flat rate of 3€. The shipping costs abroad depend on the postage of the Deutsche Post. When the consignment is handed over to the transporter, the risk passes to the customer. We will not be refunded for lost or damaged goods. Any claims for compensation must be submitted directly to the transporter by the customer. Information about the delivery date are not binding.
§ 4 Prices
The prices stated on the website are non-binding. All prices include the legal VAT valid in Germany.
§ 5 Return authorization, returns
- RIGHT: The purchaser has a right of withdrawal of 14 days from receipt of the goods or from revocation. Should the purchaser make use of his right of return, he is obliged to revoke the purchase contract in writing within 14 days after receipt of the goods and to send the goods received by "codamusic" properly, undamaged and sufficiently franked to our address.
- CONDITION: Each consignment must be new, unused, undamaged and sufficiently franked. No unfurnished shipment will be accepted.
- RETURN ADDRESS: CODAMUSIC • Matthias Krohn • Gustav-Falke-Straße 5 • 23562 Luebeck • GERMANY
§ 6 Maturity and payment, arrears
The purchase price is due immediately upon receipt of the goods. If the customer is in default of payment, "codamusic" shall be entitled to charge default interest of 5% above the base rate announced by the Deutsche Bundesbank p.a. to promote. If "codamusic" has resulted in a higher default damage, "codamusic" is entitled to assert it.
§ 7 Offsetting, retention
The customer is only entitled to a set-off right if his counterclaims are legally established or recognized by "codamusic". In addition, he is entitled to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.
§ 8 Retention of title
The delivered goods remain the property of "codamusic" until the complete settlement of all claims against the purchaser. If unpaid goods are resold, the resulting claims shall be deemed to have been assigned to us in advance.
§ 9 Guarantee of Defects and Liability
Claims for damages due to indecent delivery delays are excluded. Defects of a part of the delivery do not justify the complaint of the whole delivery. If there is a defect in the purchase which can be attributed to "codamusic", "codamusic" is entitled, at its option, to remedy the defect or to provide a replacement. If "codamusic" is not ready or unable to rectify the defect / replacement delivery, or if the delay is delayed beyond reasonable periods of time for reasons which are attributable to "codamusic" or if the fault rectification / replacement delivery fails in any other way, entitled to withdraw from the contract or to demand a corresponding reduction in the purchase price. Unless otherwise stated below, further claims of the customer are excluded - irrespective of the legal grounds. "codamusic" is therefore not liable for damages which are not caused by the delivery item itself; in particular, "codamusic" is not liable for loss of profit or for other assets of the customer. Insofar as the liability of "codamusic" is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence. It shall also not apply if the purchaser asserts claims pursuant to §§ 1, 4 Product Liability Act, claims due to the absence of an assured property or claims for damages due to non-fulfillment pursuant to Sections 463, 480 Para. 2 BGB. The same applies in the case of initial inability or impossibility of representation. Insofar as "codamusic" negligently violates a contractual duty, the obligation to compensate for damage to property or personal injury is limited to the typically arising damages. The warranty period is 24 months from the date of the transfer of risk. This period is a period of limitation and also applies to claims for compensation for defect consequences, insofar as no claims for unauthorized action are asserted.
§ 10 Data protection
By placing an order, the purchaser declares his consent that his data may be stored, processed and used in accordance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz). The customer has been informed in detail about the nature, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders by "codamusic". The customer expressly agrees to the collection, processing and use of personal data.
Here you will find our detailed PRIVACY POLICY according to the General Data Protection Regulation (GDPR).
Remarks on data protection: We only use the information we collect about you to execute orders. If you place a note order with us, we have to ask for your name, your e-mail address and your shipping address. This is the only way to process and execute your order. We do not pass on any customer data to unauthorized third parties outside of codamusic.
§ 11 Applicable law, place of performance and jurisdiction
German law applies to the exclusion of the UN purchase law. The place of fulfillment is Luebeck. Luebeck is agreed as the court of jurisdiction in the dispute.
22.05.2018