§ 1 General provisions

(1) The following General Terms and Conditions apply to the entire business relationship with the customer. The customer acknowledges them as binding for the present contract. The customer agrees to receive electronic communications from us for contractual purposes, e.g. in the form of emails, and the customer also agrees that electronic communication satisfies the formal requirements for all consents and notifications, unless mandatory statutory provisions require a different form.

(2) The customer waives the application of their own purchasing conditions. These shall not become part of the contract through our silence or through our delivery.

(3) All correspondence and goods-related communication with us must be handled via the address stated in the legal notice on the website.

§ 2 Conclusion of the contract

The presentations on our websites constitute offers to conclude a purchase contract for our products, which the customer accepts at the end of the ordering process by clicking the “Order with obligation to pay” button, thereby concluding a binding purchase contract for the products selected by the customer.

§ 3 Right of withdrawal

(1) The customer has a statutory right of withdrawal pursuant to § 312g BGB if the customer is a consumer, as the purchase of goods via the Internet, as in the present case, constitutes a so-called distance contract. Separate information on the right of withdrawal and its consequences will be provided upon completion of the order and transmitted in text form.

(2) If the customer exercises their right of withdrawal, the customer shall bear the costs of returning the goods.

§ 4 Delivery

(1) Unless otherwise agreed, delivery shall be made to the address specified by the customer. We dispatch the goods after full payment has been received – under normal circumstances, the order will arrive within 10 working days (Monday to Saturday, excluding Sundays and public holidays) after the customer has issued the payment order, provided delivery is made to a German address. Correspondingly longer delivery times should be expected for deliveries abroad.

(2) Should our supplier fail to supply us with the ordered goods despite a contractual obligation to do so, we shall be entitled to withdraw from the contract provided that we are not responsible for the failure to supply. In this case, the customer will be informed immediately that the ordered product is unavailable. Any purchase price already paid will be refunded immediately.

(3) We are entitled to make partial deliveries to a reasonable extent, particularly if individual products have longer delivery times, unless the customer exercises their right of withdrawal.

(4) Delivery is carried out by the logistics company DHL. Any differing delivery times will be stated separately on the product page or in the order confirmation.

§ 5 Prices, due date and payment, default

(1) Our prices are stated in euros (€/EUR) including statutory VAT.

(2) The purchase price is due immediately.

(3) The value of the goods is calculated from the value of the goods ordered and available for delivery, less any credits or vouchers granted.

(4) Payment is made via PayPal or advance bank transfer. Purchase on account is not possible. When paying via PayPal, the corresponding amount will be collected before the goods are dispatched.

(5) Should the customer default on payment, we shall be entitled to charge default interest at a rate of 5% above the base interest rate announced by the European Central Bank per annum. If we have incurred greater damage as a result of the default, we shall be entitled to claim such damage.

(6) If the customer is in default with payment for a delivery, we may withhold further deliveries without ourselves being in default. Our right of retention does not need to be expressly asserted.

(7) For the timeliness of payment, the decisive factor is not the date of dispatch but the date on which payment is received by us or credited to the payment office specified by us.

§ 6 Rights of withdrawal from the contract

(1) We may withdraw from the contract if, after conclusion of the contract, it becomes apparent that we have stated prices below our actual purchase prices and we are not responsible for this because incorrect information from our suppliers led to this and the respective supplier would not be liable to us for the damage arising from performance of the contract.

(2) We may also withdraw from the contract if, after conclusion of the contract, it becomes apparent that we have stated prices below our actual purchase prices and we are not responsible for this because software errors led to this and the respective software manufacturer and software supplier would not be liable to us for the damage arising from performance of the contract.

(3) Our rights to contest the contract on the grounds of error shall remain unaffected by the rights of withdrawal described above.

(4) In the aforementioned cases, NENA Musikverlag GmbH will inform the customer immediately and refund any purchase prices already paid without delay.

§ 7 Packaging and shipping

(1) Packaging is carried out in accordance with customary professional and commercial standards.

(2) We determine the transport route and means of transport unless a specific shipping method has been expressly agreed. As a rule, shipping is carried out by the logistics company DHL.

A detailed overview of shipping and packaging costs, including the costs for deliveries abroad, can be found under “Shipping”.

§ 8 Retention of title

(1) The delivered goods remain our property until payment has been made in full (goods subject to retention of title).

(2) Insurance and compensation claims acquired by the customer due to loss of or damage to goods subject to retention of title are hereby assigned to us.

(3) If the customer is in default, the customer must, at our request, grant us access to the goods subject to retention of title still in their possession, provide us with an exact list of the goods, separate the goods and surrender them to us.

§ 9 Liability for defects / Legal guarantee

(1) The statutory legal guarantee rights apply to defects in the purchased goods. If the delivered goods are defective, the customer is entitled to the statutory remedies of subsequent performance and, where the respective statutory requirements are met, in particular to a reduction of the purchase price or withdrawal from the contract.

(2) The statutory legal guarantee rights and the statutory time limits applicable to them remain unaffected.

(3) If the customer is a merchant within the meaning of the German Commercial Code (HGB), the duties to inspect and give notice of defects pursuant to §§ 377, 378 HGB remain unaffected.

§ 10 Right of retention and set-off

(1) The customer may only assert a right of retention if it is based on the same contractual relationship. The customer is only entitled to set off claims if we do not dispute the counterclaim or if it has been finally established by a court.

(2) If the customer is a merchant within the meaning of the HGB, the customer's rights of retention are excluded.

§ 11 International transactions

All agreements with us are subject to German law. However, this shall not apply if a consumer resident abroad places an order with us and the above choice of law would deprive the consumer of the protection afforded by the provisions of the country in which the consumer is resident. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

§ 12 Validity

If one or more clauses of these General Terms and Conditions are invalid, this shall not affect the validity of the remainder of the contract. The statutory provisions shall apply in place of the invalid provision.

§ 13 Place of performance, jurisdiction

(1) The place of performance for all rights and obligations arising from the business relationship shall be determined in accordance with the statutory provisions.

(2) If the customer is a merchant within the meaning of the HGB, the courts at our registered office shall have exclusive jurisdiction over all disputes arising from the contract. Our right to assert our claims before another court of jurisdiction shall remain unaffected in relation to merchants.

§ 14 Data protection

Information on the nature and scope, location and purpose of our collection, processing and use of the personal data required to process orders can be found in our Privacy Policy.

§ 15 Miscellaneous

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.