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General Terms and Conditions of Business
Article 1 - General Information
1. In respect to business relations of all types between Mousika-Organa.gr and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere.
2. All offers – whether they be transacted by telephone, telefax, Internet, e-mail or in any other form – only become legally binding for Mousika-Organa.gr if they have been confirmed in writing, or if the goods have been delivered and/or an invoice has been delivered.
3. Mousika-Organa.gr reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that futher legal claims be raised by the customer against Mousika-Organa.gr.
Article 2 - Delivery
1. Delivery occurs at the customer's own risk. As soon as the goods have been entrusted to a transportation company by Mousika-Organa.gr, the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer. Should the customer be a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], the danger of accidental perishability or the accidental ruination of the purchased goods – even in the event of a „sale to destination“ - first becomes the legal responsibility of the customer after the goods have been delivered. The same holds in respect to the delivery, should the customer receive the goods belatedly.
2. All prices are in cash, including value-added tax/sales tax, as well as other ensuing charges for packaging, handling and transportation.
3. The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.
4. In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
5. Claims for damages against Mousika-Organa.gr arising from non-fulfilment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established.
Article 3 - Rights of Refund
1. The customer has the possibility to return all articles from our current assortment without reason and within 14 days, i.e. to the extent the customer is a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB]. This only holds true for sales contracts under delivery conditions or by indirect means (telecommunications) in accordance with § 312b German Civil Code [Fernabsatzvertaege]. The goods must be returned to Mousika-Organa.gr in orderly condition, without signs of wear and exempted from all third party claims. Punctual return is sufficient in order to satisfy legal deadlines.
2. Rights of refund exist when ordering media packaged in transparent film or sealed media such as CDs, audio cassettes, videos, DVDs, as well as newspapers and software, only when the respective goods have been returned in the original sealed packaging or with an undamaged seal.
3. Rights of refund can only be exercised through the return of the goods, unless it is not possible to send the goods as a package. The refund deadline begins with the reception of the delivery by the customer.
4. Rights of return are to be considered forfeited if the goods have been manufactured according to the order of the customer for the supply of goods made to the consumer's specifications or clearly personalized.
5. Should the customer make use of refund rights, Mousika-Organa.gr has the right to demand an appropriate compensatory payment for the period of time during which the goods remained in possession of the customer.
6. Furthermore, customers exercising their rights of refund must compensate Mousika-Organa.gr for any diminishment in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition, as the customer is responsible for the ruination, perishability or other deficiency of the delivered wares. This does not hold true in respect to the ruination of goods whose damaged condition was caused exclusively by a standard examination, as would have been possible in a normal shop. Moreover, the duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any acitivity which would reduce the value of the article.
7. The returned goods are to be sent
Mr. Bernd Dussin
Brüderstr. 3 – 5
Federal Republic of Germany
Article 4 - Warranties and Claims for Damages
1. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by Mousika-Organa.gr, are not protected by warranty.
2. Naturally occurring signs of wear are equally excluded from warranty protection.
3. Should the customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the customer reserves these rights expressly and in written form directly after having received the delivery.
4. Warranty claims arising from transportation damages may only be enforced by the customer if the formalities in accordance with § 2, numeral 3 have been fulfilled. This in turn does not hold true if the customer is a „consumer“ in the sense defined by § 13 German Civil Code [Buergerliches Gesetzbuch/BGB].
5. The warranty period extends to 24 months for new articles. The period begins subsequent to the passage of risk in accordance with German Law.The warranty period extends to 12 months for used articles. If the customer is a „businessman, businesswoman or entrepreneur“ in the sense defined by § 14 German Civil Code [Buergerliches Gesetzbuch/BGB], the warranty period for new articles extends to 12 months and to six months for used articles following the passage of risk.
6. Otherwise, warranty formalities are carried out in congruence with the usual legal regulations.
7. Mousika-Organa.gr is liable for
damages arising from other causes than
the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Mousika-Organa.gr or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of German product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of Mousika-Organa.gr is limited to foreseeable damages.
Article 5 - Mousika-Organa.gr Guarantee
In addition to warranty services prescribed by law, Mousika-Organa.gr also provides a two-year guarantee defined by the following regulations:
1. Mousika-Organa.gr provides a guarantee for all damages arising during the guarantee period, provided that such damages were caused by a material deficiency or manufactering error.
2. Excluded from the guarantee are:
- products with defects arising from normal usage or from other effects of wear caused by the latter, as well as
- product defects caused by insufficient attention to the technical instructions for use, by the inappropriate use of the article, or due to atypical environmental conditions, operating conditions foreign and inappropriate to the article, excessive implementation of the article, inadequate maintenace or insufficient care;
- product defects caused by the utilisation of accessories, supplementary or replacement parts which are not original components of the article;
- products which have themselves been altered or supplemented as a whole;
- minor deviations from the normal state of the purchased article which are not significant in respect to the value or utility of the article;
In the event Mousika-Organa.gr is able to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
3. Product defects which should receive guarantee protection – as determined by Mousika-Organa.gr – are to be corrected in the following way: The defective article will either be repaired free of charge as decided by Mousika-Organa.gr, or the defective article will be replaced by a fully functional equivalent (in some cases a later version). Products and product parts which have been replaced become the property of Mousika-Organa.gr.
4. Guarantee claims must be raised within the official guarantee period. For this purpose, the product in question should be returned to Mousika-Organa.gr with the original invoice.
5. Claims other than those named in these guarantee conditions – concerning the correction or compensation of product defects - are not covered by this guarantee.
6. The provision of guarantee services neither prolongs nor renews the guarantee period for the article in question.
Article 6 - Due Dates and Payment Conditions
1. Invoices sent by Mousika-Organa.gr – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay.
Cash in advance (Προκαταβολή):
National Bank of Greece S.A. (Εθνική Τράπεζα της Ελλάδος)
Account number (Aριθ. Λογαριασμού): Appears after order
2. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard German interest rate for the period of delinquency. In the event Mousika-Organa.gr is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
Article 7 - Reservation of Ownership
1. Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of Mousika-Organa.gr. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], Mousika-Organa.gr reserves its right of property until the full remittance of the purchase price.
2. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of Mousika-Organa.gr. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between Mousika-Organa.gr and the customer, including interest and any subsidiary demands to be brought against Mousika-Organa.gr. Mousika-Organa.gr accepts this relinquishment of rights.
Article 8 - Place of Execution and Place of Jurisdiction
1. Legal jurisidiction is exercised
by the Federal Republic of Germany exclusively.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is waived.
2. The place of execution for all services and products negotiated in business transactions with Mousika-Organa.gr is Witten, Federal Republic of Germany, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
3. The exclusive place of jusrisdiction for any legal proceeedings against Mousika-Organa.gr is Witten, Federal Republic of Germany. The same holds true for legal action taken by Mousika-Organa.gr against its customers, i.e. to the extent the customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
Article 9 - Final Clause
Should any of these individual contractual
conditions – for which reasons whatsoever – not be legally enforceable,
this does not mitigate the legal validity of the remaining agreements in any