As at: 28.02.2018
Art. 1 Applicability and Contract Language
(1) The present General Terms and Conditions shall apply to all business relations between SCHOTT MUSIC GmbH & Co. KG, Mainz (SM) and its customers concerning physical products (e.g. sheet music, books, CDs; hereinafter referred to as "Products") and digital content (e.g. e-books; hereinafter referred to as "Downloads"), as defined at the time of conclusion of the contract and as far as they refer to business transactions carried out by electronic means.
(2) The General Terms and Conditions are valid as defined at the time of conclusion of the contract.
(3) The customer can choose between three language versions of the online shop: German, English and French.
Art. 2 Formation of Contract
(1) The presentation of the Products in the online shop is no legally binding offer within the meaning of Art. 145 German Civil Code, but just serves to inform the customers. By clicking the button "Add to cart", the requested item is put into the shopping cart without obligation. The order process starts with the next step "Proceed to checkout" in which all data necessary for order processing have to be entered.
Before completing the order process, the customer has the opportunity to check his/her order in the section "Order review" and update the shopping cart as well as change his/her contact and payment data and the method of shipment. After confirming to have taken note of the General Terms and Conditions, his/her right of revocation and the data protection regulations, the customer can complete the order process by clicking the button "Buy now". By clicking the button "Buy now", the customer places a binding order for the items contained in the shopping cart. Immediately after completing the order process, the customer receives an order confirmation by e-mail. Such an order confirmation does not constitute acceptance of a contract.
The contract is concluded when the customer receives a delivery confirmation or when the Products are actually dispatched.
(2) If "advance payment" is selected as method of payment, the contract is concluded upon transmission of the request for payment to the customer.
Art. 3 Right of Revocation
You are entitled to withdraw from this contract, without giving any reasons, within two weeks after you or any third party named by you, who is not the carrier, received the last of the items ordered. To exercise your right of revocation, you have to inform us (Schott Music GmbH & Co. KG, Weihergarten 5, 55116 Mainz, Germany, fax +49 6131 246-211, e-mail: email@example.com) by means of a clear statement (e.g. by letter sent by post, telefax or e-mail) about your decision to revoke this contract. You can do this by using the enclosed sample revocation form; the use of this form, however, is not mandatory. In order to observe the revocation period, it suffices to send us the notification about the exertion of your right of revocation before the revocation period expires.
Consequences of Revocation
When you revoke this contract, we have to refund all payments received from you, including shipping charges (except for any additional costs resulting from your choosing a different delivery type than the low-priced standard delivery offered by us), immediately or within two weeks at the latest from the date on which we receive the notification of your revocation of this contract. For such refunds we will use the same method of payment used by you for the original transaction, unless otherwise expressly agreed, and you will not be charged any fees for such refund. We can refuse refunding until the goods have been returned to us or until you have furnished proof of having sent back or handed over the goods, depending on which happens earlier.
You have to return the goods to us immediately and, in any case, send them back to or hand them over to us within two weeks from the date on which you notify us about the revocation of this contract at the latest. This period will be observed if you send off the goods before the expiry of the two weeks' period. The immediate costs for the return of the goods shall be borne by you. You will have to pay for any possible loss of value of the goods only if such a loss of value is due to the handling of the goods which has not necessary for the examination of the goods' quality, features and functionality.
The right of revocation does not apply to or expires in the case of the following contracts:
- concerning the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after the delivery;
- concerning the delivery of newspapers, journals or illustrated magazines, with the exception of subscription agreements.
End of Revocation
Sample Revocation Form
If you wish to withdraw from the contract, please complete this form and send it back to us.
Send to: Schott Music GmbH & Co. KG, Weihergarten 5, 55116 Mainz, Germany
Fax: +49 6131 246-211, E-Mail: firstname.lastname@example.org
I/We hereby withdraw from the contract concluded by me/us concerning the purchase of the following items/the rendering of the following services:
(designation of the items or services, if necessary order number and price)
Ordered on: ............................ (date)
Received on: ........................... (date)
Name and address of the consumer/s: ......................................................................................................
Signature of the consumer/s
(only needed if sent on paper)
Art. 4 Delivery of Ordered Goods
(1) SM shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible.
(2) The costs for the individual deliveries shall be charged to the customer by SM in the respective amount shown.
Art. 5 Reservation of Ownership
Until full payment is received from the customer, the delivered goods shall remain the property of SM.
Art. 6 Maturity and Payment of Purchase Price
(1) The purchase price shall be due upon conclusion of the contract.
(2) Payment shall be made either by PayPal or by credit card according to customer's choice. SM shall act in accordance with the customer’s wishes regarding the mode of payment.
(3) If the customer is in default of payment, SM shall be entitled to charge default interest at a rate of 5% per year over the base lending rate in accordance with Art. 288 paragr. 1 German Civil Code.
(4) The customer shall only be entitled to set-off if his/her counterclaims have not been contested or have been recognized by declaratory judgment.
Art. 7 Warranty of Quality
(1) SM shall be liable for any defects existing upon delivery of the goods for the statutory warranty period.
(2) Remainder items as well as fac-similes and originals are subject to a warranty period of twelve months.
(3) The customer is faced with the choice between SM's subsequent performance in the form of repair or replacement. SM is entitled, however, to refuse the type of subsequent performance chosen by the customer if disproportionately high costs are associated with such type of performance and if no substantial disadvantage ensues to the customer from the other type of subsequent performance. During the period of subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded. A subsequent performance shall be deemed a failure after the second unsuccessful attempt, unless something else follows from the nature of the matter or defect or from other circumstances. If the subsequent performance has failed or if SM has refused the subsequent performance altogether, the customer can demand either the reduction of the purchase price (decrease in value) or the withdrawal from the contract.
(4) The customer cannot claim damages for the defect on the following conditions until the subsequent performance was a failure or SM refused any subsequent performance. The right of the customer to claim any further damages on the following conditions shall remain unaffected.
(5) Notwithstanding the aforementioned provisions and the following restrictions on liability, SM shall have unlimited liability for damages or injuries to life, body and health caused by negligence of or caused intentionally by SM's legal representatives, vicarious agents or assistants, as well as for damages covered by the liability under the German Product Liability Act, as well as for any damages resulting from a breach of contract caused wilfully or by gross negligence or fraudulent intent by the legal representatives, vicarious agents or assistants of SM. If SM has given a guarantee on the quality and/or durability of the goods or parts of them, SM shall also be liable within the scope of this warranty. However, SM shall only be liable for damages arising from the lack of the guaranteed quality or durability, but being not directly related to the goods, if the risk of such damages is apparently covered by the guarantee on the goods' quality and durability.
(6) SM shall also be liable for damages caused by slight negligence, provided that such negligence concerns the infringement of contractual obligations the fulfilment of which is of particular importance for the attainment of the contract's purpose (cardinal obligations). SM shall only be liable, however, if the damages are typically related to the contract or foreseeable. In the event of infringements of non-substantial secondary obligations caused by slight negligence, SM shall not be liable. The restrictions on liability mentioned in sentences 1-3 shall also apply as far as the liability for the legal representatives, executive staff and other vicarious agents and assistants are concerned.
(7) Any further liability shall be excluded, notwithstanding the legal nature of the asserted claim. In so far as the liability of SM is excluded or limited, this shall also apply to the personal liability of the staff, representatives, vicarious agents and assistants of SM.
Art. 8 Right of Revocation for Digital Content
(1) Information Concerning the Legal Right of Revocation
Consumers within the meaning of Art. 13 German Civil Code have the right of revocation subject to the following proviso:
Right of Revocation
You have the right to revoke this contract within fourteen days, without giving any reasons. The fourteen days' revocation period starts on the day of conclusion of the contract. To exercise your right of revocation, you have to inform us (Schott Music GmbH & Co.KG, Weihergarten 5, 55116 Mainz, Germany, fax: +49 6131 / 246-211, e-mail address: email@example.com) by means of a clear statement (e.g. by letter sent by post or e-mail) about your decision to revoke this contract. You can do this by using the enclosed sample revocation form; the use of this form, however, is not mandatory. In order to observe the revocation period, it suffices to send us the notification about the exercise of your right of revocation before the revocation period expires.
Consequences of Revocation
When you revoke this contract, we have to refund all payments received from you, including shipping charges (except for any additional costs resulting from your choosing a different delivery type than the low-priced standard delivery offered by us), immediately or within two weeks at the latest from the date on which we receive the notification of your revocation of this contract. For such refunds we will use the same method of payment used by you for the original transaction, unless otherwise expressly agreed, and you will not be charged any fees for such refund.
(2) Information concerning the Extinguishment of the Right of Revocation
The customer's right of revocation will be extinguished if the customer
- has expressly agreed that SM shall begin to fulfil the contract before the expiration of the revocation period and
- has confirmed his/her knowledge of the fact that, by giving his/her confirmation, he/she will lose the right of revocation upon the beginning of fulfilment of the contract.
Art. 9 Download Licences
The customer can acquire download licences free of charge or in return for payment and download them to terminal devices of his/her choice (e.g. PC, tablet, smartphone). To be able to use Downloads, the customer may have to meet certain system requirements and need playback software, e.g. Adobe Reader. Any possible connection costs will have to be paid separately by the customer to his/her respective mobile phone or other service provider.
Art. 10 Copyright Protection in the Case of Downloads
(1) The contents offered for download are protected by copyright. SM does not transfer ownership of such contents to the customer. By acquiring the licence, the customer shall be granted the limited, non-transferable right to use the offered title for personal use only, in the way offered by SM, pursuant to the provisions of the German Copyright Act.
(2) The customer will be allowed one-time downloads of each respective title and to copy it to personal terminal devices of his/her choice for personal use only. Apart from that, it is not permitted to modify Downloads in any way with regard to content or technology, or use modified versions, copy them for any third party, make them accessible to the public, transfer them, upload them on the Internet or other networks free of charge or in return for payment, fake, print, resell or use them for commercial purposes.
(3) SM is entitled to temporarily or permanently change, interrupt or discontinue the web shop's downloading possibility. Furthermore, SM is entitled to delete individual downloads from the customer's account for good cause, especially in the case of disputes concerning any possible infringement of rights. The possibility of deleting downloads shall not apply to downloads which have already been downloaded by the customer to his/her personal storage location.
(4) Downloads usually contain a digital watermark of the Fraunhofer SIT which make it possible to track down and prosecute the original buyer in the case of illegal use or of use in violation of the contract. Downloads can also be protected by a DRM (Digital Rights Management) protection against illegal reproduction.
Art. 11 Privacy
All personal information of the customers of SM will be treated confidentially. Such information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations, such as the Federal Data Protection Act or the Information and Communication Service Act. The transfer of such information to any third party who is neither involved in the performance of the contract nor is an affiliate of the Schott group, shall be excluded. SM is entitled to transfer personal information of the customers to third parties for the purpose of credit checking and credit control as part of a data exchange. SM is also entitled to transfer personal information to SCHUFA, the General Credit Protection Agency in Germany.
If you wish to unsubscribe to our postal or email advertising (newsletter), please contact us at the address indicated below.
If you have given your consent in the shop to the transfer of your personal data (name, address, email, order) to a specialist dealer in order that you can be informed about special offers or that the range of products can be better tailored to your needs, you are entitled at any time to revoke your consent by writing to the following address:
SCHOTT MUSIC GmbH & Co KG
Phone: +49 6131 246-0
Fax: +49 6131 246-211
Art. 12 Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution which can be accessed at https://ec.europa.eu/consumers/odr/ [external link]. SM is neither obliged nor willing to take part in dispute resolution proceedings before a consumer conciliation body.