General Terms and Conditions

 

§I General Provisions

1. The general terms and conditions contained herein, as amended, apply for business relations between Unicornmusic.de and the customer resulting from orders and/or purchases thrugh our Online-Shop. Other terms and conditions of the customer do not apply unless they have been agreed upon in writing. Our general terms and conditions also apply for orders by customers whose main place of residence is located outside of Germany (EU and non-EU member states).
2. All offers, regardless of whether they be made known by telephone, fax, internet, e-mail, or otherwise, are not binding for Unicornmusic.de until they have been confirmed in writing or until the article has been delivered and/or the customer has been billed.
3. Unicornmusic.de reserves the right to not deliver the promised article if it turns out after conclusion of the contract that it is not available, even if a corresponding covering transaction was agreed upon. In such a case, Unicornmusic.de shall inform the customer immediately. Any consideration already paid by the customer will be refunded immediately. Any further claims of the customer against Unicornmusic.de are excluded.
4. Should Unicornmusic.de perform services for the customer within the context of a contract for work and services, the German Construction Contract Procedures / Part B [Verbindungsordnung für Bauleistungen – VOB/B], as amended at the time of the conclusion of contract, is deemed to be agreed upon.

 

§II Delivery

1.Unicornmusic.de is entitled to determine a suitable shipping route, making use only of well-known transport companies. Unicornmusic.de shall insure all articles for transport automatically. As soon as the article has been handed over to the buyer, he or she shall assume responsibility for any risks associated with it. This also applies to partial deliveries. Unicornmusic.de shall send the article to the delivery address provided by the customer. If the buyer is a consumer in the sense defined in §13 of the BGB [German Civil Code], the liability for accidental destruction or accidental deterioration of the purchased article – even in the case of a sale to destination according to buyer’s instructions – is not transferred to the buyer until the delivery is complete. The delivery is deemed to be complete even in the case that the buyer fails to accept the article upon delivery.
2. Upon acceptance of the article, the customer or an individual appointed by the customer shall examine it immediately for any damages incurred during shipping. Observable damages must be reported in writing without delay. The customer must request written confirmation of any damage to the packaging from the transport company upon acceptance of the delivery in order to avoid forfeiting the right to make damage claims.
4. In general, information concerning delivery dates is not legally binding, unless a specific delivery date was agreed upon in writing.
3. All prices are in cash and include German value-added tax as well as any additional packaging and shipping fees.
5. Claims for damages against Unicornmusic.de arising from non-fulfillment of contract or delay are excluded unless intent or negligence is present.
6. Additional importation fees may be charged for deliveries to customers whose main place of residence is located outside of the EU (duties, any clearance charges, and turnover tax on imports). The customer shall cover these additional fees.

 

§III Legal Right of Withdrawal

1. Right of Withdrawal

You have the right to return the article without providing reasons by sending it back within a 14-day period beginning on the day you receive these instructions in written form (e.g., as a letter, fax, e-mail), but not before the article has reached you and also not before we have fulfilled our duty to inform under article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the EGBGB [Introductory Act to the German Civil Code] as well as our duties under § 312g paragraph 1 clause 1 of the BGB [German Civil Code] in connection with article 246 § 3 of the EGBGB. Only in the case of articles that are not suitable for shipment as a parcel (e.g., bulky items) may you also declare the return by means of a written demand for return. In order to meet the return deadline, it is sufficient to send back the article or send in the demand for return on time. The article to be returned or the demand for return must be sent to the following address:

Unicornmusic.de
Robert Kirch
Haslacher Str. 43
79115 Freiburg
Germany
Telefax. +49 7614539235
E-mail: kontakt@unicornmusic.de
Internet address: www.unicornmusic.de

2. Consequences of Returning Articles:

1. In the case of an effective return, both parties shall return all goods or payments they have received as well as any benefits derived from their use. In the case of a deterioration of the article and utilizations (e.g., benefits from use) that preclude its being returned to us in whole or in part or only in worse condition, you are obliged to compensate us for the depreciation in value. You are only required to compensate us for a deterioration of the article and for utilizations if the utilizations or the deterioration were caused by using the article in a manner that went beyond merely “testing the characteristics and functioning.” “Testing the characteristics and functioning” refers to testing and trying out the article, for instance as one is customarily allowed to do in a retail business. Obligations to refund payments must be fulfilled within 25 days. For you the period begins on the day you send back the article or the demand for return, for us it begins with the receipt of the article.
2. The right of withdrawal only applies to orders for shrink-wrapped or sealed data carriers such as CDs, audio cassettes, videos, and DVDs as well as newspapers, magazines, and software if the article in question is sent back to us in the original shrink-wrapping or with an intact seal.
3. The right of withdrawal does not apply to distance contracts for the delivery of goods that were produced according to the customer’s specifications or were clearly customized to meet personal needs. The same is true of goods that are by nature not suitable for sending back or that can spoil quickly or whose expiration date has passed.
4. The goods must be returned at the customer's own expense.

 

§IV Extended Right of Withdrawal (30 Days Money-Back-Guarantee)

1. In addition to the 14-day legal right of withdrawal, Unicornmusic.de offers an additional 16-day money-back guarantee for consumers (as defined in §13 of the BGB). You may return an article received from us without providing reasons within 30 days by sending it back. The 30-day period begins after you have received these instructions in written form (e.g., as a letter, fax, e-mail) and the article and after you have fulfilled all duties to inform in distance contracts and e-commerce (see §III, clause 1). In order to meet the deadline for the guarantee, it is sufficient to send back the article or the demand for return on time. You may only exercise your right of withdrawal by sending back the article, unless the article cannot be shipped as a parcel. If the article is not suitable for shipment, we will engage a transport company to pick it up.

2. The goods must be returned at the customer's own expense.

3. The right of withdrawal only applies to orders for shrink-wrapped or sealed data carriers such as CDs, audio cassettes, videos, and DVDs as well as newspapers, magazines, and software if the article in question is sent back to us in the original shrink-wrapping or with an intact seal.

4. The right of withdrawal does not apply to articles produced according to the customer’s specifications, goods sold by the meter, articles subject to wear and tear (e.g., strings, sticks, drumheads, cables, plectra, sheets), or articles that cannot be taken back for hygienic reasons (e.g., harmonicas).

5. Furthermore, a customer who makes use of his or her right of withdrawal shall compensate Unicornmusic.de for the partial or complete loss in value of the article if the customer cannot send it back in proper condition because he or she is responsible for its deterioration or destruction or for any other circumstances that render it impossible to return the article. This does not apply if the deterioration resulted exclusively from testing the article – as the customer would be able to do in a retail business. Furthermore, the customer may avoid the duty to compensate for a loss in the value of the article by not using it as if it were his or her own property and by refraining from doing anything that diminishes its value.

6. Please note that these terms and conditions (§IV of the General Terms and Conditions of Unicornmusic.de) do not apply in the first 14 days (legal right of revocation under §III of the General Terms and Conditions of Unicornmusic.de) of the money-back guarantee but only in the subsequent 16 days.

 

§V Warrantees and Claims for Damages

1. New articles are covered by a 24-month warrantee. The warrantee period begins with the passage of risk. Used articles are covered by a one-year warrantee. If the customer is an entrepreneur in the sense described in §14 BGB, the warrantee for new articles is one year and that for used articles is six months, starting with the passage of risk.

2. Natural wear and tear is also excluded from the warrantee.
3. Should the customer accept the article or service despite having knowledge of a defect, he or she may only make warranty claims in the scope described in the following if he or she reserves the right to assert these claims explicitly and in writing immediately after receiving the article.
4. The customer may only make warranty claims for damage incurred during transport if he or she fulfilled the duty to examine the article and give notice of any defects under §II clause 2. This does not apply if the customer is a consumer in the sense described in §13 of the BGB.
5. Defects or damage caused by negligent or improper handling or improper installation as well as the use of inappropriate accessories or changes to the original parts by the customer or a third party not commissioned by Unicornmusic.de are also excluded from the warranty.
6. Should the purchased article have a defect for which Unicornmusic.de is accountable, Unicornmusic.de is entitled to choose between removing the defect or replacing the article. If the customer is a consumer in the sense described in §13 of the BGB, he or she may initially choose between having the defect removed or the article replaced as cure. However, Unicornmusic.de may refuse the type of cure chosen by the customer if it involves disproportionate expenses and if the other type of cure is possible without substantial detriment to the consumer. Unicornmusic.de may remove the defect at its own expense in its own workshop. However, Unicornmusic.de is also entitled to determine whether the defect can be removed by a specialist located closer to the customer’s place of residence. Should Unicornmusic.de not be willing or able to perform this service or fail to perform it within an appropriate period of time for reasons that are within the control of Unicornmusic.de or if the removal of the defect/replacement of the article fails in another respect, the customer may rescind the contract or demand that the purchase price be lowered accordingly (reduction). In the case of minor defects, however, the customer has no right of rescission.
7. Inasmuch as clause 8 does not state anything to the contrary, all further claims on the part of the customer are excluded – regardless of which legal arguments are brought forth. In particular, claims for damages within the scope of the warranty due to consequential damages caused by defects in the article, a breach of secondary contractual obligations, advising errors, or unlawful acts against Unicornmusic.de or its representatives and/or subcontractors are excluded. This applies in particular to loss of profit or other economic losses of the customer.
8. The aforementioned exclusion of liability does not apply if the damage is intentional or is the result of gross negligence or if the customer makes claims on the basis of the Product Liability Act [Produkthaftungsgesetz].
9. The amount of claims for damages is limited to the value of the delivered article.

§VI Due Dates and Terms of Payment

1. Invoices issued by Unicornmusic.de must be paid in full without delay – unless a written agreement to the contrary has been made.
2. Should the customer fall into arrears with payment of the purchase price, he or she shall pay interest on the sum of the purchase price for the period of delinquency at a rate of five percent above the German base interest rate under §1 of the Discount Rate Transitional Act [Diskontsatz-Überleitungsgesetz] from 9 June 1998. In the event that Unicornmusic.de demonstrably incurs damages in excess of the purchase price, Unicornmusic.de is entitled to assert a corresponding claim.

 

§VII Retention of Title to Ownership

1. Until all claims against the customer have been fulfilled, including all subsidiary claims, the delivered article remains the property of Unicornmusic.de. In the case of contracts with consumers, §13 of the BGB, Unicornmusic.de retains the title to ownership until the purchase price has been paid in full.
2. The customer is not entitled to sell the article to third parties or take other measures that place the property of Unicornmusic.de at risk until the purchase price has been paid in full. Already now, the customer has assigned all future claims against the buyer to Unicornmusic.de in the amount of the purchase price agreed upon between the parties to the contract, including interest and any subsidiary claims. Unicornmusic.de accepts this assignment.

 

§VIII Place of Fulfillment and Jurisdiction

1. German law applies exclusively. This jurisdiction applies to consumers only inasmuch as this does not limit any mandatory legal provisions of the state of his or her main place of residence or habitual abode.
2. The place of fulfillment for all products and services ordered within the context of business relations with Unicornmusic.de is Freiburg im Breisgau.
3. Insofar as the customer is not a consumer, the parties to the contract agree upon Freiburg im Breisgau as the sole jurisdiction for all disputes arising in connection with these business relations.