Terms and Conditions

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent. 

We will accept your offer within two days by

- submitting a declaration of acceptance in a separate e-mail or 

- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under “Payment”). 

The relevant alternative for you depends on which of the events listed occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our General Terms and Conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Subject matter of the contract

4.1 Product description Reference is made to the validity of the respective product description as an integral part of the contract.

4.2 Product images Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us: Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colors are possible.

In the case of wooden products, natural variations in the grain, structure and color of the wood are possible.

4.3 Right of use Any sketches, drafts, preliminary products, etc. created by us to fulfill the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the contractually agreed extent.

5. Delivery conditions

5.1 Delivery options
We ship the products to the delivery address specified in the order process. In principle, you have the option of collecting the goods from Musikhaus Hermann OHG, Gymnasiumstrasse 2, 88400 Biberach, Germany during the following business hours: by appointment.

5.2 Delivery by forwarding agent

Making an appointment In the case of deliveries by forwarding agent, the forwarding agent commissioned by us will contact you to arrange a delivery date.

Place of delivery

The delivery of the goods is limited to the transportation and unloading of the goods to the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the goods ordered, unless expressly agreed otherwise.

The following payment methods are available in our store.

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash payment on collection
You pay the invoice amount in cash on collection.

Credit card You
enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process. PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information can be found in the respective payment option and in the order process.

PayPal In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are dispatched. Installment purchase via BNP Paribas S.A. German branch, Munich office In cooperation with BNP Paribas S.A. Niederlassung Deutschland, Standort München, Schwanthalerstr. 31, 80336 München , Germany we offer you the possibility of installment purchase. The prerequisite is a successful address and credit check. In addition to our General Terms and Conditions, the General Terms and Conditions of BNP Paribas S.A. Branch Office Germany, Munich location, apply to payment processing. You will receive further information, including the GTC of BNP Paribas S.A. Niederlassung Deutschland, Standort München, during the ordering process.

 Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of withdrawal.

The product remains our property until full payment has been made. 

For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

 The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from the loss of data if you could have avoided the loss of data by regularly and completely backing up your data. 

The above limitation does not apply to claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty and fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act applies.

11.1 Liability for defects The statutory liability for defects applies. 

11.2 Guarantees and customer service Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Updated 07.25.24