Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and payment terms
5. Delivery and Shipping Conditions
6. Retention of title
7. Liability for defects (Warranty)
8. Liability
9. Special conditions for the processing of goods according to specific customer requirements
10. Redemption of promotional vouchers
11. Applicable Law
12. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Justin Ochmann, operating under "MusicPrinted" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.

1.2 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legally capable partnership that acts in the course of concluding a legal transaction in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, they submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the customer can also submit the offer to the seller via email or through the online contact form.

2.3 The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by prompting the customer to make a payment after they have placed their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares the acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When selecting the payment method "Amazon Payments", the payment processing is carried out by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe Terms of Use, which can be viewed at https://payments.amazon.de/help/201751590If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. There is no further accessibility of the contract text provided by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge through their password-protected user account by providing the corresponding login details.

2.7 Before placing a binding order through the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which allows the display on the screen to be enlarged. The customer can correct their entries during the electronic ordering process as long as they use the usual keyboard and mouse functions, until they click the button that completes the ordering process.

2.8 For the conclusion of the contract, different languages are available. The specific language selection will be displayed in the online shop.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who are not a member of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4) Prices and Payment Terms

4.1 So long as nothing else is stated in the product description of the seller, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and that the customer must bear. This includes, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or customs duties and taxes (e.g. tariffs). Such costs may also arise in relation to money transfers even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option/s will be communicated to the customer in the seller's online shop.

4.4 When selecting a payment method offered through the payment service "PayPal", the payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the seller offers payment methods through PayPal where they advance payment to the customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payments to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credits, even in the case of the assignment of claims.

4.5 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the customer's bank account is debited. The customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com/sofort/ abrufen.

4.6 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply, and the customer may be separately informed about these. More information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de abrufbar.

4.7 When selecting a payment method offered through the payment service "Klarna", the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and the terms of Klarna can be viewed here:

https://musicprinted.de/pages/zahlungshinweise

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, the delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-pickup is not possible for logistical reasons.

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price is made.

7) Liability for defects (Warranty)

As far as nothing else is stipulated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 The customer acts as an entrepreneur,

• The seller has the choice of the type of subsequent performance;
• The limitation period for defects in new goods is one year from the delivery of the goods;
• are the rights and claims due to defects excluded for used goods;
• The limitation period does not restart when a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and deadline reductions regulated above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• for the case that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defects,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated therein, the goods are considered approved.

7.5 The customer is requested to report any obvious transport damage of delivered goods to the carrier and to inform the seller about it if he acts as a consumer. If the customer does not comply, this will not affect his statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body, or health,
• due to a warranty promise, unless otherwise stipulated in this regard,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated in the preceding clause. Material contractual obligations are those duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on whose compliance the customer can regularly rely.

8.3 In addition, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If the seller is obligated under the terms of the contract to not only deliver the goods but also to process the goods according to specific customer requirements, the customer must provide the seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer ensures that no third-party rights are violated, especially copyright, trademark, and personal rights.

9.2 The customer indemnifies the seller against claims from third parties that they may assert against the seller in connection with a violation of their rights due to the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the legal violation is not attributable to the customer. The customer is obliged to provide the seller with all information necessary for the examination of the claims and a defense immediately, truthfully, and completely in the event of a claim by third parties.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or goes against good morals. This applies particularly to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifying violence.

10) Redemption of promotional vouchers

10.1 Gifts that are issued by the seller as part of promotional campaigns with a specific validity period free of charge and that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The seller can fulfill their obligation with liberating effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, lack of legal capacity, or lack of representation authority of the respective holder.

11) Applicable Law

11.1 For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not citizens of a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.