Standard Terms and Conditions
Standard Terms and Conditions of Business, Payment and Delivery of UDR GmbH
§ 1 General provisions
1. The entire business relationship with our customers who place orders with us via our online store www.udr-music.com shall be governed solely by these Standard Terms and Conditions in the version valid as of the date on which the order is placed. Any of the customer’s terms and conditions deviating from these Standard Terms and Conditions shall apply only if we expressly accept them in writing.
2. The goods shall be supplied solely in the versions, packaging units and minimum quantities specified in our webshop.
3. The customer shall be deemed to be a consumer to the extent that the purpose of the goods and services ordered cannot be assigned to a commercial or independent business activity. On the other hand, “business entities” shall be defined as any natural or artificial persons or non-incorporated entities with legal capacity who enter into a contract in pursuit of their commercial or independent business activities.
§ 2 Contract
1. The depiction of our products in the online store shall constitute a non-binding invitation to treat and shall not constitute a legally binding offer.
2. Orders placed by the customer shall constitute a binding offer to buy the goods ordered. We shall enter into the contract in the language in which you have logged onto our website (German or English). This shall also apply to the ensuing execution of the contract.
The placement of an order via our online store entails a total of five steps. In the first step, you select the goods you would like to order. In the second step, you enter your customer data including the invoice address and, if different, the delivery address. In the third step, you state how you would like to pay. In the fourth step, you select the shipping method. Finally, you are asked to read the Standard Terms and Conditions and the details on your right of revocation you have ordered before completing the ordering process. During the entire ordering process, you are able to view all the steps on a single page and can check or, if necessary, correct any of the particulars which you have entered (e.g. name, address, method of payment, goods ordered) before confirming your order by clicking on “Send order”. The order can only be placed once you have confirmed that you agree to be bound by the Standard Terms and Conditions by clicking on the button entitled “Accept terms and conditions”.
3. We shall store the wording of the contract underlying your order. Immediately upon receiving the order, we shall send you a notice of confirmation of receipt setting out all the order data and our Standard Terms and Conditions to the e-mail address which you have specified. This confirmation of receipt shall not constitute acceptance of the offer to buy.
4. We shall not be deemed to have accepted the offer until we declare acceptance to you (by e-mail) or ship the goods. The contract for the sale and purchase of goods shall not arise until we have accepted your offer.
§ 3 Prices and shipping costs
1. All prices quoted are final and include value added tax at the statutory rate net of shipping costs.
2. The shipping costs shall depend on the method of shipment and the size and weight of the goods ordered by the customer. They shall be stated during the ordering process and shall be for the customer’s account unless he makes use of his right of revocation.
3. Customs and similar charges shall be for the customer’s account.
4. If the customer exercises his right of revocation, he shall bear the cost of returning the goods if the price of the goods to be returned does not exceed EUR 40 or, in the case of a higher price, the customer has not yet remitted the invoice amount or made the agreed part payment as of the date of revocation except in cases in which the goods delivered do not match those ordered. In all other cases, the cost of returning the goods shall be for our account.
§ 4 Terms of payment
1. Payment shall be made at the customer’s choice in advance by bank transfer prior to delivery of the goods, by PayPal or by credit card. We reserve the right to exclude individual payment methods. If the customer elects to pay in advance, we shall specify the bank account to which the amount is to be transferred in the final display window after the order has been sent as well as in the confirmation of receipt of the order. The invoice amount shall be payable within 10 days by transfer to our account.
2. You may only exercise your right of retention if it relates to one and the same contractual relationship.
§ 5 Delivery and availability of the goods
1. In the absence of any stipulations to the contrary in the offer, we shall generally ship the goods within 2 work days of receipt of payment.
2. If the goods ordered are not available as of the date on which the customer places his order, we shall notify him immediately. If the product is permanently unavailable, we shall not issue any declaration of acceptance. In this case, no contract shall be deemed to have arisen.
3. If the product designated in the order placed by the customer is temporarily unavailable, we shall also notify the customer immediately. In the event of a delay of more than two weeks in delivery, the customer may rescind the contract. We may also rescind the contract in such cases, upon which we shall immediately refund any payments which the customer has already made.
4. In the event of force majeure or any disruptions of any kind outside its control (strike, transportation disruptions etc.), the seller may delay, modify or suspend its delivery duties for the duration of such circumstances or disruption.
§ 6 Right of revocation, exclusion of right of revocation
- Consumers have the following right of revocation:
Notification of right of revocation
Right of revocation:
You may revoke the contract within 14 days in writing (e.g. letter, fax, e-mail) without stating any reasons or - if the goods are delivered before the expiry of this period - by returning them. The period in which the contract may be revoked shall be deemed to commence upon receipt of this notification of the right of revocation by the recipient (in the case of recurring deliveries of the same goods, no earlier than before receipt of the first part delivery) and also no earlier than performance of our notification duties in accordance with Article 246 Section 2 in connection with Section 1 (1) and (2) of the Introductory Act of the German Civil Code (EGBGB) and our obligations in accordance with Section 312g (1) Sentence of the German Civil Code in connection with Article 246 Section 3 of the EGBGB. The period of revocation shall be deemed to have been observed if the notice of revocation is sent or the goods are returned before the day on which the period expires. Notice of revocation shall be directed to the following address:
Fax: 0511 87940738
Consequences of revocation:
Upon notice of revocation being given with due effect, the position which the parties held prior to entering into the contract shall be reinstated through the return of the goods received and any benefits utilized (e.g. interest). If you are not able to return the goods received or the effects of utilization of the goods (e.g. advantages) in full or in part or there has been any deterioration in their condition, you shall be liable for appropriate compensation. You are only liable for compensation in the event of any deterioration in the condition of the goods or for any advantages which you have derived from them if such advantages or deterioration are the result of using the goods other than for the purposes of examining their properties or functions. The term “examination of properties or functions” is defined as testing and trying out the goods to the extent possible and customary in physical retail stores. Goods which are capable of being sent by parcel post shall be returned at our risk. You shall bear the regular cost of returning the goods in cases in which the goods supplied match those ordered and the price of the goods to be returned does not exceed EUR 40 or, in the case of a higher price, you have not yet remitted the invoice amount or made the agreed part payment. In all other cases, you will not incur any costs in returning the goods. We will make arrangements for goods which cannot be returned by parcel post to be collected from you. All obligations to refund any payments must be settled within 30 days. This period shall commence for you on the day on which you send us your notice of revocation and for us upon the receipt of your notice of revocation.
End of notification of right of revocation
2. The right of revocation shall not apply to audio or video recordings or software if the customer has broken the seal affixed to the product.
§ 7 Warranty
The supplier shall be liable for any faults in the goods delivered in accordance with the applicable statutory provisions, particularly Sections 434 et seq. of the German Civil Code.
§ 8 Retained ownership rights
The goods supplied shall remain our property pending receipt of full and complete payment (including value added tax and shipping costs).
§ 9 Governing law, choice of court
1. German law only shall apply. The U.N. Convention on Contracts for the International Sale of Goods shall be hereby excluded.
2. In relations with a consumer, this choice of law provision shall apply only in the absence of any mandatory statutory provisions to the contrary in the jurisdiction in which he is resident or has his normal place of abode. If the customer is not a consumer, all disputes shall be referred to the competent courts of law for the town of Husum.
§ 10 Validity of these Terms and Conditions
If these Standard Terms and Conditions are excluded in part or in full from the contract or if any part thereof is deemed void, this shall not prejudice the validity of the remaining provisions. If these provisions are excluded from the contract or are deemed void, the relevant statutory provisions shall apply. The contract shall only be deemed to be void if in the light of the amendments required in accordance with the relevant statutory processes continued performance of the contract results in undue hardship for either of the parties.