I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (MP&S Klangwelten GbR) via the website www.mps-klangwelten.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is objected to.

(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services. Our offers on the internet are non-binding and not a binding offer to conclude a contract.

(2) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured and in particular is not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You will provide us with the appropriate information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after the conclusion of the contract. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for content accuracy and assume no liability for errors in this respect.

§ 4 Provision of Services for Assembly Work

(1) Insofar as assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We provide these to the best of our knowledge and belief personally or through third parties.

(2) The services will be provided on the agreed dates.

(3) You are obliged to cooperate. In particular, at the time of providing the assembly services, you must offer the possibility to access the premises in an accessible and reasonably hazard-free condition. Furthermore, you are obliged to provide us with electrical energy and, if necessary, water. We are entitled to terminate the part of the contract concerning the provision of assembly services according to § 643 BGB (German Civil Code) if you do not fulfill your obligations to cooperate. For this purpose, we will set you a reasonable deadline during which you can make up for the necessary cooperation services.

(4) If you exercise your right of termination according to § 648 S. 1 BGB, we can demand 10% of the agreed remuneration as a flat-rate remuneration if execution has not yet begun. However, in the case of the existence of the statutory right of withdrawal, this only applies if you make use of your right of termination after the withdrawal period has expired. You reserve the right to prove that we have actually incurred no or significantly lower costs.

§ 5 Provision of Repair Services

(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide these to the best of our knowledge and belief personally or through third parties.

(2) You are obliged to cooperate, in particular, you must describe the defect in the device as comprehensively as possible and make the defective device available.

(3) You bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair, including the handover of the device for shipping, takes place within 5 – 7 days after receipt of the device to be repaired (however, in the case of agreed advance payment, only after the time of your payment order).

(5) If you exercise your right of termination according to § 648 S. 1 BGB, we can demand 10% of the agreed remuneration as a flat-rate remuneration if execution has not yet begun. However, in the case of the existence of the statutory right of withdrawal, this only applies if you make use of your right of termination after the withdrawal period has expired. You reserve the right to prove that we have actually incurred no or significantly lower costs.

§ 6 Special Agreements on Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout” When selecting a payment method that is offered via “PayPal” / “PayPal Checkout”, the payment processing takes place via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our internet presence as well as in the online ordering process. “PayPal” may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. More information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 7 Right of Retention, Reservation of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 8 Warranty

(1) The statutory liability for defects rights apply.

(2) Insofar as you are informed by us before submitting the contractual declaration and this has been expressly and separately agreed, claims for defects for used goods are excluded if the defect only appears after the expiry of one year from delivery of the goods. If the defect appears within one year of delivery of the goods, claims for defects can be asserted within the statutory limitation period of two years from delivery of the goods. The above restriction does not apply:

• for damages culpably caused by us resulting from injury to life, body, or health and for other damages caused intentionally or through gross negligence;

• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, it has no effect on your statutory warranty claims.

(4) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 9 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).

(2) The provisions of the UN Sales Convention expressly do not apply.

II. Customer Information

Identity of the Seller:
MP&S Klangwelten GbR
Am Plattenbusch 69
51381 Leverkusen
Germany
Telefon: +492171733546
E-Mail: mps-klangwelten@gmx.com

 

Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.

2. Information on the Conclusion of the Contract The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I.).

3. Contract Language, Contract Text Storage 3.1. The contract language is German. 3.2. The complete contract text is not stored by us. Before sending the order, the contract data can be printed out or electronically saved using the browser’s print function. After we receive your order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email. 3.3. For offer requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print out or save electronically.

4. Essential Features of the Goods or Service The essential features of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms 5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via an appropriately labeled button on our website or in the respective offer, are listed separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised. 5.3. Any costs of money transfer (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union. 5.4. The payment methods available to you are displayed under an appropriately labeled button on our website or in the respective offer. 5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions 6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on our website or in the respective offer. 6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory Liability for Defects The liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

8. Termination 8.1. Information on the termination of the contract as well as the termination conditions can be found in the regulations on “Assembly Services” in our General Terms and Conditions (Part I), as well as in the respective offer. 8.2. Information on the termination of the contract as well as the termination conditions can be found in the regulations on “Repair Services” in our General Terms and Conditions (Part I), as well as in the respective offer.

These General Terms and Conditions and Customer Information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 01.01.2022