Terms & Conditions
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded between users of this website and potential customers with us as the provider (Hage Musikverlag GmbH & Co. KG represented by the managing director Helmut Hage, Eschenbach 542, 91224 Pommelsbrunn, Germany) via the website www.shop.selapercussion.com. Any contrary terms and conditions put forth are rejected.
(2) Consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legal partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The subject matter of the contract is the sale of goods offered on this website.
(2) By listing a product on our website, we make a binding offer to potential buyers to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows: The intended products for purchase are placed in the "shopping cart." The customer can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "checkout" page and entering personal data as well as payment and shipping conditions, all order data is displayed again on the order overview page. If the customer chooses a payment method such as an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort), they will either be directed to the order overview page in our online shop or initially redirected to the website of the provider of the instant payment system. If redirected, the customer will make the necessary selections or input their data on the instant payment system's website. Finally, the customer will be redirected back to our online shop's order overview page. Before submitting the order, the customer has the opportunity to review all information, make changes (also using the "back" function of the web browser), or cancel the purchase. By clicking the "buy" button, the customer legally accepts the offer, thereby concluding the contract.
(4) Our requests for the creation of an offer are non-binding for the customer. We will provide the customer with a binding offer in written form (e.g., via email), which the customer can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out electronically by email, partly automated. The customer must therefore ensure that the email address provided to us is correct, that the receipt of emails is technically ensured, and, in particular, that they are not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Title
(1) The customer can only exercise a right of retention to the extent that it pertains to claims from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) For used items, the warranty period is one year from the delivery of the item, differing from the legal regulation. The shortened period does not apply:
- in cases of damages that can be attributed to us resulting from injury to life, body, or health, and in cases of other damages caused intentionally or through gross negligence;
- to the extent that we fraudulently concealed the defect or assumed a guarantee for the condition of the item.
(3) As a consumer, the customer is requested to immediately inspect the item upon delivery for completeness, obvious defects, and transport damage, and to promptly notify us and the carrier of any complaints. Failure to do so will not affect the customer's statutory warranty rights.
§ 5 Choice of Law, Place of Performance, Jurisdiction
(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 country where the consumer has their habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from business relationships with us and the jurisdiction is our registered office, provided the customer is not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if their domicile or habitual residence is not known at the time of filing the lawsuit. The right to appeal to a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) explicitly do not apply.
II. Customer Information
- Seller's Identity
Hage Musikverlag GmbH represented by the managing director Helmut Hage, Eschenbach 542, 91224 Pommelsbrunn, Germany.
Phone: +49 (0)9154 91694-50 Fax: +49 (0)9154 91694-1
Email: info@selapercussion.com
Register Court: Amtsgericht Nürnberg Registration Number: HRB 22423
VAT Identification Number according to §27a of the Value Added Tax Act: DE246465867
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.
We are not willing to participate in dispute resolution procedures before consumer arbitration bodies.
- Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out according to the provisions of the "Conclusion of the Contract" section of our General Terms and Conditions (Part I).
- Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we receive the order, the order data, legally required information for distance contracts, and the General Terms and Conditions will be sent to the customer again by email.
3.3. For inquiries outside the online shopping cart system, the customer will receive all contract data in the context of a binding offer in written form, e.g., via email, which can be printed out or electronically saved.
- Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and Payment Methods
5.1. The prices stated in the respective offers as well as shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The incurred shipping costs are not included in the purchase price. They can be accessed through a correspondingly labeled button on our website or in the respective offer, will be indicated separately during the ordering process, and are additionally borne by you unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may arise that are not attributable to us, such as customs duties, taxes, or money transfer fees (bank charges or exchange rate fees of credit institutions), which the customer is responsible for. The customer is also responsible for the costs of money transfer in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.
5.4. The payment methods available to the customer are indicated under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.
- Delivery Conditions
6.1. The delivery conditions, delivery date, and, if applicable, any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment 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 or a person otherwise designated for shipment who is not designated by the entrepreneur.
- Statutory Warranty Rights
The warranty is governed by the "Warranty" provision in our General Terms and Conditions (Part I).